Annual Security Report 2020

• College Message
• Purpose
• Preparing the Annual Security Report
• Campus Security Authorities and Jurisdiction
• Reporting Procedures
• Timely Warning
• Campus Security and Access
• Educational Programming: Security Awareness and Crime Prevention
• Policy: Drug and Alcohol Use
• Title IX Sexual Harassment and Misconduct Procedure
• Sex Offender Registry
• Procedures for Emergency Response and Evacuation
• Annual Crime Statistics

College Message

On behalf of Bluegrass Community and Technical College's (BCTC) Safety and Security Department, welcome to the 2020-2021 academic year. The BCTC security department is supported by an active and engaged campus community and dedicated local agency partners - we are all stakeholders in keeping our campus safe. The department operates - and is available to help or provide service to you - 24 hours a day, year round. Our department supports local law enforcement in criminal investigations, provides emergency preparedness and response trainings and services, crime prevention and educational programs, support for special events, and a range of community services. Public safety is a shared responsibility. We can all contribute to a safe campus by taking responsibility for our own safety and looking out for one another. We strive to proactively partner with our campus community to create an environment that supports the academic success of our students and ensures that all can achieve and excel. Together, we make BCTC a great place to work, live and learn. "Go You!" If there is anything we can do to make the campus safer or to be of assistance, please don't hesitate to contact us. You may also visit the BCTC Security Department to learn more about campus safety, services and resources. Have a safe and productive year!

-Scott Coleman, Operations Manager for Safety and Security

Purpose

BCTC is one of 16 community colleges in the state of Kentucky, as part of the Kentucky Community and Technical College System (KCTCS). Our colleges are as diverse as the communities in which they are located, so you'll not only receive a world-class education at a price you can afford, but you also will be in an exciting environment that will prepare you to be successful in whatever you choose to do.

Choosing a postsecondary institution is a major decision for students and their families. Along with academic, financial and geographic considerations, the issue of campus safety is a vital concern. In 1990, Congress enacted the Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542), which amended the Higher Education Act of 1965 (HEA). This act required all postsecondary institutions participating in HEA's Title IV student financial assistance programs to disclose campus crime statistics and security information. The act was amended in 1992, 1998, 2000, 2008, and 2013. The 1998 amendments renamed the law the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act in memory of Jeanne Clery. It is generally referred to as the Clery Act.

Beginning on July 1, 2013, the Clery Act requires colleges and universities to track and report statistics for domestic violence, dating violence, sexual assault, and stalking. It also requires that colleges provide sexual assault and prevention training to all students and employees on an annual basis.

Preparing the Annual Security Report

Bluegrass Community and Technical College is responsible for the preparation of the Annual Security Report in cooperation with Legal Affairs, Campus Security Authorities, and local police agencies. The statistics include alleged and attempted crimes. All crimes reported in "good faith" and occurring on-campus, on public property surrounding our campuses, or in off campus college-owned buildings or property is recorded for inclusion in the annual crime statistics. This report provides statistics for the previous three academic years. The statistics are requested annually from local law enforcement agencies, and submitted to the Operations Manager for Security and Safety for collection and analysis. For statistical purposes, crime statistics reported to any of these sources are recorded in the calendar year the crime was reported.

The report includes statistics submitted by Legal Affairs, Student Affairs, Human Resources, Campus Security Authorities, and local law enforcement agencies. These reports are reviewed and if reportable under the Clery Act, are included in the annual statistics. Police arrest statistics and campus disciplinary referral data for weapons violations, drug violations and liquor law violations are analyzed by Campus Security to avoid duplicated reporting. BCTC does not have any student organizations at Off-Campus locations, therefore incidents related to off-campus activities of student organizations are not reported.

All of these statistics are gathered, compiled and reported to the campus community via the Annual Security Report which is published each year. Campus Security submits the annual crime statistics published in this report to the Department of Education (ED) each year. The statistical information gathered by the Department of Education is available to the public through the ED web site.

By October 1 of each year, all enrolled students and employees receive an email notification regarding a summary of the content and the availability of the report via the college website, as well as how to request a printed copy of the report. Prospective students and employees receive information regarding the report from the BCTC Security and Safety Office. (Except 2020 because of the Covid-19 pandemic).

For more information regarding campus safety or the contents of this report, contact the Security & Safety Manager at 859-246-6422.

Campus Security Authorities and Jurisdiction

Campus Security Authorities (CSA) are defined as individuals having significant responsibility for student activities, including administrators and student services personnel such as, Deans, Directors, Legal Affairs, athletic team coaches, and faculty and/or student advisors. Although crimes should be reported to campus Security or the Title IX Coordinator (sexual violence only), if these individuals receive a report of a crime listed under the Clery Act they are obligated to report it to campus security for purposes of disclosure in the annual crime statistics.

BCTC does not have a campus police department. No campus personnel including security, have law enforcement authority. If physical measures are needed to ensure the safety and security of persons on campus, state or local police agencies shall be contacted.

While there are no MOUs with local or state enforcement agencies, BCTC maintains a strong working relationship with state and local police through training, meetings and communicating with local and state police agencies in the investigation of criminal offenses.

In a joint venture with Lexington Division of Emergency Management, the three Lexington campus locations have Alertus beacons. Emergency messages are broadcast by Division of EM throughout the Lexington sites.

Key CSA Contacts:

• Operations Manager of Safety and Security
• Vice President of SDEM
• Assistant Vice President of Title IX
• Dean of Operations
• Vice President of Finance/Operations
• Vice President of Academics

Off-Campus Student Organizations

BCTC does not have any recognized student organizations at off-campus locations.

Student Housing

BCTC does not operate student housing facilities.

Reporting Procedures

Procedures for Campus Crime Reporting

Students, staff, faculty and guests are strongly encouraged to accurately and promptly report all criminal actions or other emergencies occurring on campus to the Security Officer or local police agencies, if necessary.

Crimes should be reported to Security and Safety Department for purposes of assessing the crime, for distributing potential timely warning notices, and for disclosure in the annual crime statistics. Crime reporting is critical as it may prevent future crimes, protects the community, and increases the likelihood of apprehension and adjudication of perpetrators.

Although Campus Security strives to maintain a safe and open environment for victims to report crimes, individuals may not feel comfortable contacting the police. In these instances, reporting to other campus security authorities are available. As an example, sex offenses may be reported to the college Title IX Coordinator.

Cell Phone Use: Emergency 9-1-1 calls made on campus from an IP phone are routed to local law enforcement. We recommend programming the primary campus reporting number, 911, into your cell phone to reduce emergency response time and provide quick dialing in any emergency.

Procedures for survivor/victim or witness to report voluntarily and/or confidentially

If you wish to report a sexual assault, domestic violence, dating violence, or stalking incident on a completely confidential basis, you may report the crime to:

If a crime survivor/victim or witness chooses not to file a police report or to pursue action against the perpetrator within the college process, they may still consider making a confidential report. In certain circumstances, the victim may request that the Title IX coordinator or a designee file a report of the details of the incident without revealing the victim's identity. The purpose of a confidential report is to comply with the wishes of the victim/survivor to keep the matter and/or their identity confidential, while allowing BCTC Safety and Security and/or other officials to take action to protect the future safety of the crime survivor/victim and others. With this information, BCTC Safety and Security can potentially determine a pattern of crime and alert the campus community to potential threat or danger. Reports filed in this manner are counted and disclosed in the annual crime statistics. BCTC Safety and Security will review confidentiality options with the reporting party prior to taking the report.

Professional or pastoral counselors

BCTC does not have pastoral counselors available on campus. All registered BCTC students are eligible for an initial consultation appointment with a counselor in the Career Development and Counseling area.

The BCTC suggests the following resources for counseling:

Timely Warning

In some cases, the Operations Manager for Safety and Security will make timely warning reports to members of the campus community regarding criminal activity. The criminal activity must be serious in nature and likely to pose an ongoing or continued threat to the safety of students, staff, faculty and guests. The decision to make a timely warning report will be made by the Operations Manager for Safety and Security or his/her designee. Notification is generally made through a campus-wide email bulletin to all members of the campus community. Flyers are also placed in the common areas of the buildings used by the campus community. Timely warning information may be posted on the BCTC website and/or digital banners.

It is the consistent practice of the BCTC community to notify the BCTC Operations Manager for Safety and Security and/or designee, who then confers as necessary with appropriate KCTCS System Office administrators, Public Relations, Legal counsel and neighboring law enforcement agencies after a violent crime or Clery Act crime is reported. This is done to determine if the circumstances and facts represent a serious or ongoing threat to members of the community.

The BCTC Operations Manager for Safety and Security or his/her designee will prepare and arrange to disseminate a timely warning as soon as pertinent information and resources are available and is also primarily responsible for issuing timely warnings; warnings may be developed in partnership with appropriate campus departments, KCTCS Office of General Counsel, and KCTCS Security and Crisis Management. The crime bulletin is reviewed and approved for release by Campus Security, Strategic Communications, KCTCS Office of General Counsel or some combination. This collaboration is necessary for crimes of a more serious or immediate nature in order to prepare consistent information for release on the website and/or digital signage to the campus community.

Campus Security and Access

Access and Security of campus facilities

Most academic facilities on BCTC campuses are open during weekday business hours between 7:00a.m. to 10:00p.m. Individuals who need access to these buildings during non-business hours or for special events should contact the Operations Manager of Security and Safety.

While there are no physical barriers or ID checks to prevent unauthorized personnel from entering the campuses or their facilities, BCTC Security and Safety personnel will request that trespassers leave the premises.

BCTC has Safety and Security Officers assigned to campus locations in Lexington (Cooper, Leestown, and Newtown), Danville, Lawrenceburg, Winchester, Georgetown as well as an Operations Manager of Security and Safety whose office is located at the Newtown Campus. Officers observe and monitor activity on property owned or controlled by BCTC. Officers do not have arresting powers but will assist in criminal investigations, complete incident reports, and assist in various inspections on campus.

Maintenance of campus facilities

BCTC makes every effort to ensure that the campus facilities and grounds are designed and maintained to promote safety, prevent crime, and minimize hazardous conditions. Attention is paid to the design and maintenance of facilities, landscaping and exterior lighting. The Maintenance & Operations (M&O) Department maintains the buildings and grounds. Campus facilities are inspected on a regular basis and repairs impacting safety and security are made promptly. Campus groundskeepers are mindful of security and safety concerns, keeping vegetation controlled around lighting fixtures and along campus walkways and roadways on a regular schedule. Strategies and concepts of crime prevention through environmental design are considered in the design and construction of new facilities.

BCTC Safety and Security Officers regularly patrol the campus and report malfunctioning lights and other unsafe physical conditions to M&O for correction. We encourage community members to promptly report any security concern, including concerns about locking mechanisms, lighting, or landscaping to a Safety and Security Officer who will follow-up with a work order request to Maintenance and Operations.

Educational Programming: Security Awareness and Crime Prevention

Information Sharing

BCTC security awareness and crime prevention programs have an overall goal of creating and maintaining a safe environment to support the academic mission of the college and ensure the well-being of campus community members.

The goal of sharing this information is to inform students and employees about security procedures, the practices to promote safety and eliminate or minimize criminal opportunities, and to encourage students/employees to take responsibility for personal and community safety.

Programs and Prevention

Informational flyers are posted in all campus locations that direct faculty, staff and student to the Safety and Security web page. The Safety and Security web page includes educational flyers that can be printed or viewed. These flyers educate student, faculty and staff on what to do in the event of a variety of potential incidents on campus. Contact numbers are also listed if additional questions remain.

Safety and Security Officers are involved with several orientation sessions that include a variety of information regarding BCTC Safety and Security activities. Included in these orientation sessions are discussions regarding personal responsibilities of Safety and Security for all students. Students are encouraged to be aware of their personal safety and securing personal belongings while on their respective campus.

Officers assist in lost/found items at each campus and secure any sensitive items that may be submitted. Students that attempt to claim items are required to show photo ID and positively identify the item being claimed to the satisfaction of the Officer.

Posters and flyers supplied by such agencies as the KY Office of Homeland Security, are distributed throughout all campus locations. These flyers are themed for reporting crimes and suspicious activities to a toll free number and local law enforcement agencies. Included in such campaigns is 'Eye-On-KY' which encourages citizens to report suspicious activities anonymously.

Policy: Drug and Alcohol Use

KCTCS Drug and Alcohol Policy

KCTCS is committed to providing a healthy and safe environment for its students, faculty, and staff. KCTCS has defined conduct in relation to the unlawful possession, use, dispensation, distribution, or manufacture of alcohol or illicit drugs. Conduct which is in violation of this definition poses unacceptable risks and disregard for the health, safety, and welfare of members of the KCTCS community and shall result in disciplinary action up to and including suspension or termination.

As a recipient of federal grants and contracts, KCTCS gives this notice to students, faculty, and staff that it is in compliance with, and shall continue to be in compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989. Students, faculty and staff are herein notified of the standards of conduct which shall be applicable while on KCTCS property, on KCTCS business, and/or at KCTCS sponsored activities.

Sanctions

Under KCTCS policies and procedures, students who violate this standard of conduct are subject to disciplinary action from a minimum of a warning to a maximum of suspension from KCTCS.

Faculty and staff are subject to disciplinary action from a minimum of a warning to a maximum of termination from KCTCS employment.

Under state and federal drug laws, the gravity of the sanction depends on the classification of the controlled substance, the particular activity involved (possession or trafficking which includes manufacture, sale, and possession with intent to sell), and whether or not multiple convictions are involved.

Under Kentucky law, the most severe penalty for a drug law violation involves trafficking. On a first offense conviction, one may receive a fine of up to $10,000.00 and/or a sentence of up to ten years in the penitentiary; for subsequent offenses, the penalties may be doubled.

Under federal law, for simple possession of a controlled substance, one may be imprisoned for up to one (1) year and/or fined up to $1,000.00. For subsequent offenses, one may be imprisoned for up to three (3) years and/or fined up to $5,000.00. Under federal law, one may be fined up to $8,000,000.00 to $10,000,000 and/or may be sentenced from not less than 10 years up to life in prison for drug trafficking. For violations of other federal drug laws, one may receive life in prison or the death penalty.

Under both state and federal laws, one may suffer the loss of whatever property (house, farm) or possessions (vehicle) which one may have used in the drug trade.

Sanctions for violation of state alcohol laws vary from a fine of $10.00 to $2,000.00, a sentence of forty-eight (48) hours to twelve (12) months in jail, and/or suspension of one's operator's license.

Drug and Alcohol abuse programs

Students are encouraged to contact the Student Counseling Services at 859-246-6550 for information and appropriate referrals.

Other counseling, treatment, and rehabilitation services are available in the Bluegrass area.

Off campus

Additional services provided off-campus can be found on our Personal Counseling webpage.

Procedure 3.3.1A-P Title IX Sexual Harassment and Misconduct Procedure

Title IX Sexual Harassment and Misconduct Procedure

1. Purpose

   This is KCTCS’ Procedure for defining and responding reports of sex and/or gender-based harassment and misconduct under applicable KCTCS policy.

2. Scope

   This Procedure applies to the conduct of all KCTCS employees and students during KCTCS education programs or activities taking place in the United States. "Education program or activity" includes locations, events, or circumstances over which KCTCS exercises substantial control over both the Respondent and the context in which the sexual harassment occurs, including any building owned or controlled by an officially recognized student organization. Conduct that occurs outside of the United States or outside of a KCTCS education program or activity which is disruptive to the learning or work environment will be addressed through Administrative Procedure 3.3.1-P Anti-Harassment/Discrimination Procedure or other applicable KCTCS policies and procedures.

   This Procedure shall not improperly restrict valid academic freedoms, constitutionally protected expression, constitutional due process rights, or other constitutional rights.

3. Procedure

   1. Prohibited Conduct. The conduct described below is prohibited and will not be tolerated by KCTCS.
      1. For purposes of this Procedure, sexual harassment means:
         1. Unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to a KCTCS education program or activity; OR
         2. When an employee of KCTCS conditions the provision of an aid, benefit, or service of KCTCS on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo); OR
         3. Conduct that rises to the level of sexual assault, as defined in the Clery Act.  This can include any sexual act directed against another person, without the victim’s consent, including instances where the victim is incapable of giving consent.  It can also include the following:
            1. Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the victim’s consent (see section 3(A)(2) below for KCTCS’ definition of consent), including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental incapacity.
            2. Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
            3. Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.
            4. Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the victim’s consent; OR
         4. Conduct that rises to the level of dating violence, as defined in the Violence Against Women Act ("VAWA"), which is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
            1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
            2. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
            3. Dating violence does not include acts covered under VAWA’s definition of domestic violence; OR
         5. Conduct that rises to the level of domestic violence, as defined in VAWA, which is a felony or misdemeanor crime of violence committed by-
            1. A current or former spouse or intimate partner of the victim;
            2. A person with whom the victim shares a child in common;
            3. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
            4. A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
            5. Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; OR
         6. Conduct that rises to the level of stalking, as defined in VAWA, which means engaging in a course of conduct directed at a specific person that would cause a reasonable person to-
            1. fear for his or her safety or the safety of others; or
            2. suffer substantial emotional distress; OR
         7. Retaliation, which means no person who has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing related to this Procedure may be subject to intimidation, threats, coercion, or discrimination due to their actions.
            1. Retaliation under this Procedure includes charging an individual for conduct or policy violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of sexual harassment, for the purpose of interfering with any right or privilege under Title IX or any KCTCS policy or procedure.
            2. Students or employees who engage in retaliation against other students or employees will be subject to discipline up to and including suspension, expulsion, or termination of employment.
            3. Exceptions
               1. The exercise of an individual’s First Amendment rights do not constitute retaliation prohibited under this section.
               2. KCTCS will not be considered to have retaliated against an individual if it charges an individual for code of conduct or policy violations for making a materially false statement in bad faith during the course of any investigation or grievance proceeding under this Procedure. A determination of responsibility, alone, is insufficient to conclude that any party made a materially false statement in bad faith. 
      2. Consent. Consent to sexual activity is a factual determination that varies by circumstance. However, in all cases, consent must be clear, knowing, and voluntary.  Consent is active, not passive.  Consent can be given by words or actions. The words or actions must be sufficient to create mutually understandable clear permission regarding willingness to engage in, and the conditions of engaging in, sexual activity. Silence, in and of itself, is not consent, cannot be interpreted as consent, and, standing alone, cannot be relied upon as a defense in proceedings under this Procedure. Consent to one form of sexual activity does not imply consent to any other forms of sexual activity. Any person may withdraw consent at any point involved in sexual contact. Previous relationships or prior consent does not imply consent to future sexual activities.
         1. Pursuant to KRS 510.020, a person is legally deemed incapable of consent when that person is any of the following:
            1. Less than sixteen (16) years old;
            2. Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years older than the victim at the time of the sexual act;
            3. An individual unable to communicate consent or lack of consent, or unable to understand the nature of the act or its consequences, due to an intellectual disability or a mental illness;
            4. Mentally incapacitated;
            5. Physically helpless; or
            6. Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.
         2. An individual engaging in sexual activity with another individual who is reasonably known to be mentally incapacitated or physically helpless constitutes a violation of this Procedure. Mental incapacity or physical helplessness may be due to any of a variety of factors, including but not limited to use of alcohol, drugs, sleep, involuntary physical restraint, unconsciousness, or other inability to make rational, reasonable decisions.
         3. In general, sexual contact while under the influence of drugs or alcohol creates risk for all parties. Alcohol and drugs impair an individual’s ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the safest option is not to engage in sexual activity at all or halt any sexual activity.
      3. For purposes of this Procedure, the individual who is alleged to be the victim of prohibited conduct is called the Complainant.  The individual who is reported to be the perpetrator of prohibited conduct is the Respondent. Any person may report prohibited conduct. However, only the Complainant or the Title IX Coordinator may file a Formal Complaint. (See Appendix A)
      4. A Formal Complaint is a document filed by a Complainant or the Title IX Coordinator alleging sexual harassment or misconduct against a Respondent and requesting KCTCS to investigate the allegation. At the time of filing a Formal Complaint, the alleged victim must be participating in or attempting to participate in a KCTCS educational program or activity.
   2. Reporting Prohibited Conduct
      1. When persons or property are in danger, KCTCS strongly encourages the first report to be to the appropriate law enforcement agency.
         1. To help preserve evidence and timely initiate an investigation, those who have been subjected to sexual violence should seek immediate assistance from a medical provider and/or law enforcement as soon as possible after an assault.
         2. It is important for the individual to not bathe, douche, or change clothing prior to the medical examination in order to avoid inadvertently removing important evidence. The kind of evidence that supports a legal case against an accused should be collected within 72 hours of an assault.
      2. Any person may report prohibited conduct in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator. The Title IX Coordinators at KCTCS are as follows:

         Note: The Title IX Coordinator position at each KCTCS institution may experience turnover between updates to this Procedure. In that event, people should contact the College’s Chief Student Affairs Officer, or the System Title IX Coordinator to determine the name and contact information for the proper Title IX official. 

         College	Title IX Coordinator	Campus Address	Office Phone	Email Address
         Ashland	Steven Woodburn	1400 College Drive Room 213C Ashland, KY 41101	606-326-2077	steve.woodburn@kctcs.edu
         Big Sandy	Jimmy Wright	One Bert T. Combs Drive Room 100F Prestonsburg, KY 41653	606-886-3863 ext 67347	jimmy.wright@kctcs.edu
         Bluegrass (students)	Dr. Carlous B. Yates	210 Administration Building Newtown Campus Lexington, KY 40511	859-246-6937	carlous.yates@kctcs.edu
         Bluegrass (employees)	Deborah Lilly Catlett	164 Opportunity Way Leestown Campus C-110 Lexington, KY 40511	859-246-6810	deborah.catlett@kctcs.edu
         Elizabethtown	Dale Buckles	600 College Street Road RPC 1st Floor, Room 100-A Elizabethtown, KY 42701	270-706-8431	dale.buckles@kctcs.edu
         Gateway (students)	Mallis Graves	516 Madison Avenue Covington, KY 41011	859-442-1608	mallis.graves@kctcs.edu
         Gateway (employees)	Amy Hatfield	790 Thomas More Pkwy Edgewood, KY 41017	859-442-1701	amy.hatfield@kctcs.edu
         Hazard	Dr. Deronda Mobelini	One Community College Drive Hazard, KY 41701	606-487-3252	deronda.mobelini@kctcs.edu
         Henderson	Reneau Waggoner	2660 South Green Street  Henderson, KY 42420	270-831-9625	reneau.waggoner@kctcs.edu
         Hopkinsville	Angel Prescott	720 North Drive Admin Building 211 Hopkinsville, KY 42240	270-707-3801	angel.prescott@kctcs.edu
         Jefferson	Laura Smith	200 W. Broadway, Room 205 Louisville, KY 40202	502-213-2136	laura.smith@kctcs.edu
         Owensboro	Barbara Tipmore	4800 New Hartford Road Owensboro, KY 42303	270-686-4530	barbara.tipmore@kctcs.edu
         Madisonville	Jay Parrent	200 College Drive  Madisonville, KY 42431	270-824-8571	jay.parrent@kctcs.edu
         Maysville	Jessica Kern	1775 U.S. 68 Maysville, KY 41056	606-759-7141 ext 66271	jessica.kern@kctcs.edu
         Somerset (students)	Tracy Casada	808 Monticello Street Somerset, KY 42501	606-451-6631	tracy.casada@kctcs.edu
         Somerset (employees)	Kathy Patscheck	808 Monticello Street Somerset, KY 42501	606-451-6621	kathy.patscheck@kctcs.edu
         Southcentral (students)	David Travis	1845 Loop Drive  Bowling Green, KY 42101	270-901-4348	david.travis@kctcs.edu
         Southcentral (employees)	Sherri Forester	1845 Loop Drive  Bowling Green, KY 42101	270-901-1115	sherri.forester@kctcs.edu
         Southeast	Mike Ingram	164 Ball Park Road Harlan, KY 40831	606-589-3214	gingram@kctcs.edu
         West KY	Octavia Lawrence	4810 Alben Barkley Drive  Paducah, KY 42001	270-534-3479	octavia.lawrence@kctcs.edu
         System Title IX Coordinator	Terri DeAtley	300 North Main Street Versailles, KY 40383	859-256-3294	terri.deatley@kctcs.edu

      3. Anonymous reports will be taken seriously and reviewed thoroughly by KCTCS, but the ability to respond to such a report may be limited depending on the information provided. Reports may be filed anonymously using the EthicsPoint hotline using the internet portal or by calling 1-866-594-3115 toll free.  EthicsPoint should be used for anonymous on-campus reporting of non-emergency situations.

         For emergency situations or if there is immediate danger, call 911 or local emergency services.

      4. Required Action by Employees. KCTCS requires that all Responsible Employees promptly elevate reports of prohibited conduct to the Title IX Coordinator or security personnel for the school, KCTCS Office of Legal Services, or the Human Resources Department.
         1. Responsible Employees are KCTCS employees who have supervisory and leadership responsibilities, including division chairs, deans, provosts, administrators, faculty, and other employees in managerial positions.
         2. If a Complainant has concerns about a KCTCS representative’s ability to maintain confidentiality or privacy, the Complainant is encouraged to ask the representative about their reporting obligations before speaking with that person about prohibited conduct.
      5. Confidentiality in Reporting

         1. Certain mental health providers, ordained clergy, rape crisis counselors, and attorneys have legally protected confidentiality. KCTCS does not provide these services to employees or students, but the Title IX Coordinator at each college maintains a list of local services for referral. Please note that when a report involves suspected abuse of a minor under the age of 18, state law requires both KCTCS as well as entities who are entitled to maintain confidentiality to notify child protective services and/or local law enforcement.

            The following websites list resources available to victims of sexual assault and domestic violence in Kentucky and nationally:

            • Kentucky Association of Sexual Assault Programs
            • Kentucky Coalition Against Domestic Violence
            • Womenshealth.gov
            • RAINN
         2. KCTCS employees may access confidential assistance through the Employee Assistance Program by calling 888-293-6948 or visiting the Work Health Life website. College Human Resources Directors maintain login information for the website. College Title IX Coordinators maintain a list of local resources for each college community.
         3. When a Complainant requests that their identifiable information not be shared with the Respondent, that no formal action be taken, or that a Formal Complaint be filed, KCTCS will balance this request with its obligations to provide a safe and non-discriminatory environment for its stakeholders and its responsibility to provide proper due process to the Respondent. KCTCS may consider the nature and seriousness of the conduct, the ages and roles of the Complainant and Respondent, whether or not other reports or complaints against the Respondent have been received, and the rights of the Respondent to receive notice and relevant information before seeking disciplinary action.
         4. KCTCS will take reasonable steps to honor a request for confidentiality, to not file a Formal Complaint, or to forego a formal investigation. If KCTCS cannot take action due to the Complainant’s request, or must take action despite the request, the Title IX Coordinator will inform the Complainant accordingly.
      6. False Reports
         1. KCTCS shall not tolerate intentional false reporting of incidents.
         2. Parties or witnesses who make false allegations or given false, untruthful information with malicious intent or in bad faith may be subject to disciplinary action under KCTCS policies and/or the Code of Student Conduct.
         3. False reports may or statements may also constitute violations of state criminal statutes and civil defamation laws.
         4. A good-faith complaint that results in no determination of responsibility is NOT in and of itself evidence of false reporting.
      7. Timely Warning
         1. KCTCS or its College may be required to issue a crime bulletin if prohibited conduct represents an ongoing threat to the campus community.
            1. KCTCS will not release the Complainant’s name to the general public without the Complainant’s express consent.
            2. When a crime is reported to or brought to the attention of the College Safety Department, the College Safety Department shall determine whether to issue a Crime Bulletin notifying the campus community of the crime. To make that determination, the College Safety Department should promptly consult the KCTCS System Office Director of Safety and Emergency Services and KCTCS Office of Legal Services to review the available facts and determine the propriety and timing of a Crime Bulletin.
         2. Crime Bulletins may be distributed using a variety of methods, the most common being mass email distribution. Depending on the nature of the crime, a Crime Bulletin banner may be added to the front page of the College webpage and/or printed and distributed to any number of areas on campus, including  the library, bookstore, student centers, and any additional areas that may assist in alerting the campus community.
      8. Consolidation of Reports. KCTCS may consolidate Formal Complaints filed against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances.
   3. Responding to Reports of Prohibited Conduct
      1. Assessment, Investigation and Resolution. Upon receipt of a report of prohibited conduct, the institution’s Title IX Coordinator must immediately notify the System Title IX Coordinator. The System Title IX Coordinator will manage the review, investigation, and resolution of reports consistent with Appendix A, which describes the Complaint and Investigation Process.
      2. Mandatory Reporting of Suspected Child Abuse. If the reported victim is a minor under the age of 18, Kentucky law mandates that suspected abuse be reported.  Emergency reports may be made to local law enforcement, the Kentucky State Police, the Cabinet for Health and Family Services, the child abuse hotline, or the Commonwealth or county attorney.
         • Child abuse hotline: 1-877-597-2331 or 800-752-6200
         • Non-emergency reports may be made online at the Cabinet for Health and Family Services website
      3. Supportive Measures.
         1. Upon receipt of a report of prohibited conduct, KCTCS may offer and enact supportive measures to restore or preserve equal access to education programs or activities, to protect the safety of the educational environment, and/or to deter sexual harassment.
         2. Supportive measures are non-disciplinary, non-punitive individualized services offered as reasonably appropriate and available without fee or charge.  Supportive measures may be provided regardless of whether a Formal Complaint has been filed or formal disciplinary action is sought or pursued against the Respondent. Both Complainant and Respondent are eligible for appropriate supportive measures.  Such measures may include, but are not limited to:
            • referral to counseling services and other resources,
            • extensions of deadlines or other course-related adjustments,
            • modifications of work or class schedules,
            • campus escort services,
            • mutual restrictions on contact between the parties,
            • changes in work or class locations,
            • leaves of absence,
            • increased security and monitoring of certain areas of the campus, and
            • other similar measures that can be tailored to the involved individuals to ensure equal access.
         3. Supportive measures will be kept confidential to the extent possible, but some measures may require information to be provided to parties who are not involved with the report of prohibited conduct-for example, in order to receive flexibility on coursework, faculty may be notified that the student is experiencing a Title IX-related issue and requires extended time. As another example, supervisors may be notified that an employee’s Title IX-related issue requires additional approved leave or a flexible work schedule. Details of the issue itself would not be included in such notice.  The Title IX Coordinator will coordinate and implement supportive measures.
         4. The Title IX Coordinator will promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint.
      4. Sanctions
         1. Not all forms of prohibited conduct are equally serious offenses. KCTCS may impose different sanctions depending on the severity of the offense and other relevant factors. KCTCS will consider the rights of both the Complainant and the Respondent when contemplating sanctions. A Formal Grievance Hearing must occur (see Appendix B) before KCTCS imposes disciplinary sanctions against a Respondent, or other actions beyond supportive measures.
         2. Employees or volunteers who violate related KCTCS policy and procedure or who fail to make timely, proper required reports  are subject to disciplinary action, up to and including termination of employment or volunteer assignment, or other actions in accordance with KCTCS policies and procedures.
         3. Students who violate related KCTCS policy and procedure are subject to disciplinary action, up to and including expulsion in accordance with the KCTCS Code of Student Conduct and student policies and procedures.
         4. Guests or visitors who violate KCTCS policy and procedure may be immediately removed from KCTCS owned or controlled property and banned from returning to KCTCS owned or controlled property.
         5. Employees or students who are found in violation of this Procedure and are subject to disciplinary action hereunder have the right to appeal the action pursuant to KCTCS policies and procedures and/or the KCTCS Code of Student Conduct.
         6. Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein in accordance with Appendix B.
   4. Free Expression and Academic Freedom. When addressing reports of violations of this Procedure, KCTCS is also required to balance individuals’ rights of free expression and academic freedom.

4. Recordkeeping

   KCTCS will maintain records of the following for seven years:

   1. Each sexual harassment investigation including any determination regarding responsibility,
   2. any audio or audiovisual recording or transcript created during the hearing process, 
   3. any disciplinary sanctions imposed on the Respondent, 
   4. any remedies provided to the Complainant designed to restore or preserve equal access to a KCTCS education program or activity,
   5. Any appeal and its result,
   6. Any informal resolution and its result, 
   7. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. These training materials will also be posted online,
   8. records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. KCTCS’ documentation will include the basis for its conclusion that its response was not deliberately indifferent and the measures it has taken which were designed to restore or preserve equal access to KCTCS’ education program or activity, and
   9. Should KCTCS not provide a Complainant with supportive measures, documentation of the reasons why doing so was not clearly unreasonable in light of the known circumstances.

5. Revisions

   This Procedure is written to be in compliance with federal and state law as interpreted by the courts. If this Procedure in any way conflicts with, or becomes in conflict with new or existing statutes, regulations, or judicial opinions, KCTCS’ Procedure is automatically amended and shall be interpreted consistently with the decision, ruling, or legislative action to assure continued compliance. KCTCS may from time to time and without advanced notice amend this Procedure in whole or in part and the change shall become effective immediately upon publication.

6. Legal Notice

   1. Notice of Nondiscrimination. The Kentucky Community and Technical College System is an equal educational and employment opportunity institution and does not discriminate on the basis of race, religion, color, sex, national origin, age, disability, family medical history, or genetic information.

      Further, we vigilantly prevent discrimination based on sexual orientation, parental status, marital status, political affiliation, military service, or any other non-merit-based factor.

   2. External Assistance

      1. External remedies are available for students through the United States Department of Education Office for Civil Rights. For more information, you may contact the Philadelphia Office:

         U.S. Department of Education Office for Civil Rights Wanamaker Building, Suite 515
         100 Penn Square East
         Philadelphia, PA 19107
         Telephone: 215-656-8541
         FAX: 215-656-8605;
         TDD: 215-656-8604
         Email: OCR_Philadelphia@ed.gov

      2. External remedies are available to employees through the United States Equal Employment Opportunity Commission. Information about filing a complaint can be found online.

Appendix A: Assessment and Investigation Process

1. Overview
   1. Matters handled under this Procedure shall be resolved based on principles of thoroughness, fundamental fairness, and promptness.
   2. On receipt of a report of prohibited conducted as defined in the Title IX Sexual Harassment and Misconduct Procedure, the College Title IX Coordinator shall immediately determine what, if any, immediate supportive measures are appropriate, and as soon as possible notify the System Title IX Coordinator of the matter. The System Title IX Coordinator will manage the review, investigation, and resolution of reports. Following the initial assessment, the System Title IX Coordinator may recommend further action for processing and resolving the report.
   3. The initial steps for resolving a report are the same whether the Respondent is a student, employee, or visitor. Employee and visitor Respondents will be processed in accordance with KCTCS employment policies and procedures. Student Respondents will be processed in accordance with the KCTCS Student Code of Conduct and student policies. Formal complaints for violations of the Title IX Sexual Harassment and Misconduct Procedure may result in a Formal Grievance Hearing (see Appendix B).
2. Initial Assessment
   1. Immediate Threats. For every report of sexual harassment or misconduct, KCTCS will make an immediate assessment of any risk of harm to individuals or the campus community and take appropriate steps to address those risks.
   2. Where the Respondent’s behavior objectively appears to pose an immediate threat to any member of the college community, KCTCS shall take immediate action to provide for the safety of individuals and the campus community, while also ensuring the Respondent receives due process. Such action may include interim protective measures, such as:
      • Placing employee Respondents on administrative leave in accordance with applicable policies and procedures;
      • Immediately temporarily suspending student Respondents in accordance with Code of Student Conduct requirements;
      • Banning visitor Respondents from KCTCS owned or controlled property;
      • Notifying local law enforcement or other officials as appropriate; and,
      • Taking other appropriate actions.
      • KCTCS will also issue Crime Bulletins as appropriate.

      Appeals

      1. By Students. Students who are immediately temporarily suspended as a result of an interim protective measure may appeal the suspension in accordance with the Code of Student Conduct.
      2. By Employees. Employees who are suspended under this Procedure may appeal the sanction in accordance with the Complaint Resolution Procedure, wherein the Title IX Coordinator shall equate to the initial the supervisory action.
   3. The institution’s Title IX Coordinator shall also determine whether immediate supportive measures are appropriate for any person involved and reasonably provide same.
   4. Review, Investigation and Resolution of Reports of Prohibited Conduct. Once the immediate threat has been determined and acted upon, the System Title IX Coordinator will convene a System Title IX Committee to review the report and recommend an appropriate course of action. This interdepartmental team should be limited to a small number of officials who "need to know" in order to take appropriate action on the report, but may include the College Title IX Coordinator and officials from Safety and Emergency Services, Student Affairs, Human Resources, Academic Affairs, and Legal Services.
      1. The System Title IX Committee will make an Initial Title IX Assessment to provide a response to the report of prohibited conduct. The assessment will consider:
         1. The nature of the report
         2. The policies that apply to the reported conduct
         3. The safety of the involved individual and the campus community, and
         4. When possible, the Complainant’s expressed preference for resolution.
      2. Dismissal of Complaints
         1. The System Title IX Committee shall dismiss complaints must be dismissed under this Procedure if the conduct described does not:
            • Rise to the level of prohibited conduct as defined in the Administrative Procedure 3.3.1A-P Procedure;
            • Occur in the context of a KCTCS education activity or program; or
            • Occur in the United States.
         2. Complaints received under this Procedure may be dismissed under this Procedure if:
            • The Respondent withdraws from enrollment or resigns employment; or
            • The Complainant withdraws the complaint; or
            • KCTCS is prevented from gathering evidence in the investigation sufficient to determine responsibility.
         3. Upon dismissal, KCTCS will promptly send written notice of the dismissal and the reasons for dismissal simultaneously to the parties.
         4. The System Title IX Committee shall refer conduct dismissed under this Procedure for review by the Chief Student Affairs Officer or Human Resources, as appropriate, if the conduct appears to violate other KCTCS policies or procedures or the Code of Student Conduct.
3. Supportive Measures
   1. Upon receipt of a report of prohibited conduct, the institution’s Title IX Coordinator will promptly contact the Complainant to discuss the need and availability of supportive measures with or without the filing of a Formal Complaint and consider the Complainant’s wishes in this regard. Supportive measures will be implemented as appropriate during the initial assessment and at any time during the investigation process.
   2. The Title IX Coordinator shall explain to the Complainant the process for filing a Formal Complaint.

4. Formal Complaint

   Formal Complaints are documents filed by a Complainant alleging sexual harassment against a Respondent to request that KCTCS investigate the allegation of sexual harassment. Formal Complaints must be investigated.

   1. Who May File a Formal Complaint. The following people may file a formal complaint against a Respondent under this Procedure:
      1. A person who, at the time of filing a Formal Complaint, was participating or attempting to participate in a KCTCS education program or activity.
      2. Parents or legal guardians of such person with legal right to act on behalf of the Complainant.
      3. The Title IX Coordinator may also sign a Formal Complaint. This may also occur in cases where there is sufficient information set forth that, if proven, would constitute a Title IX violation, and no individual Complainant wishes to file a Formal Complaint. This does not make the Title IX Coordinator the Complainant or otherwise a party to the Formal Complaint.
   2. Method of Filing. Formal Complaints may be filed in person, by mail, by electronic mail, or by using the KCTCS hotline.

5. Informal Resolution

   1. A formal Complaint may be resolved by an informal resolution between the parties any time prior to reaching a determination regarding responsibility. However, complaints by students against institutional employees may not be resolved through informal resolution.
      1. An information resolution is not a formal hearing or resolution.
      2. An information resolution is a strictly voluntary process that aims to provide a mutually acceptable alternative to a full investigation and adjudication.
   2. Where eligible, KCTCS may invite the Complainant and Respondent to engage in informal resolution by written notice, provided however that the written notice must disclose
      1. The allegations,
      2. The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations; and,
      3. Any consequences resulting from participating in the informal resolution process, including that the records will be maintained or possibly shared.
   3. Each party must voluntarily consent in writing to participate in informal resolution, and may withdraw from informal resolution efforts and resume the formal resolution process at any time prior to full execution of a Resolution Agreement.
   4. Informal resolution will be conducted by a designated KCTCS agent without bias in regard to the parties.

6. Investigation

   1. General
      1. When the Initial Title IX Assessment concludes an investigation is required, KCTCS will designate an investigator(s) with specific training and experience investigating allegations of prohibited conduct.
      2. KCTCS may use a team of two investigators, which may include the College Human Resources Director with a System Office investigator, or two System Office investigators, or outside investigators working on behalf of KCTCS.
      3. The investigation will be an objective fact-gathering process conducted in a thorough, impartial, and fair manner. The investigation will be respectful of individual privacy but must be performed in a manner that will ensure KCTCS’ compliance with all state and federal laws, including affording due process to the parties.
         1. KCTCS will bear the burden of gathering evidence sufficient to reach a determination regarding responsibility by the applicable standard of proof. KCTCS will not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in such a capacity unless KCTCS first obtains that party’s voluntary, written consent.
         2. An investigation will normally include interviews with the Complainant, Respondent, and relevant witnesses. The investigation may also consider relevant physical, documentary, or other evidence that proves or disproves the allegations. Both Complainant and Respondent shall have an equal opportunity to present fact and expert witnesses and other evidence. Investigators shall make no credibility assessments or determinations based solely on the individual’s status as a Complainant, Respondent, or witness. KCTCS will not restrict the ability of the Complainant or Respondent to discuss the allegations under investigation or gather and present relevant evidence.
         3. Information gathered during the initial review or investigation will be used to evaluate the responsibility of the Respondent, provide for the safety of the Complainant and the campus community, and impose remedies as necessary to address the effects of the conduct cited in the report.
         4. The institution’s Title IX Coordinator will document each report or request for assistance in resolving a case involving charges of sexual misconduct, whether formal or informal, and will review and retain copies of all reports generated as a result of investigations for 7 years. These records will be kept confidential to the extent permitted by law.
      4. Completion of Investigation. KCTCS will seek to complete the investigation within 20 (twenty) business days of receiving the complaint.
         1. This timeframe may be extended depending on the circumstances of each case.
         2. Upon completion of the investigation, the investigators will forward the report to the System Title IX Committee for review and evaluation.
   2. Notice to Parties and the Investigative Report
      1. When the determination is made that a full investigation is required, both the Complainant and the Respondent shall be notified simultaneously in writing of the following:
         1. the applicable policies, procedures, and processes;
         2. the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
         3. available information about the incident(s) that are the basis of the complaint, including date(s) and time(s);
         4. that the Respondent is not presumed responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the process, utilizing a preponderance of the evidence standard;
         5. that each party has the right to an advisor of their choice, who may be but is not required to be an attorney;
         6. that each party has the right to inspect and review evidence provided or obtained during the investigation process;
         7. the citation for the policy or Code of Conduct section regarding providing false statements or false information; and
         8. that if additional allegations arise during the course of the investigation, additional written notice will be provided in accordance with these requirements for each allegation to be investigated.
      2. Prior to the completion of the investigation report, both the Complainant and the Respondent and their respective advisors (if any) shall be provided the opportunity to inspect any evidence obtained in the investigation directly related to the allegations, including evidence KCTCS does not intend to rely on in reaching a determination of responsibility and evidence which is exculpatory. Each party shall have 10 days from the date of their receipt to submit a written response that the investigators will consider prior to completing the report.
      3. Completion of the Report of Investigation.
         1. The investigators’ completed report will fairly summarize relevant evidence in a form substantially compliant with the Report of Investigation format established for this process.
         2. At least 10 days prior to a hearing or other time of determination regarding responsibility, the investigators will send the report to each party and party advisors, if any, in an electronic format or hard copy for their review and written response.
   3. Advisors During the Investigation Process.
      1. Complainant and the Respondent may choose to be assisted by an advisor of their choice during the investigation process. The advisor may accompany the student to any investigative or administrative meeting that is part of this process.
         1. Advisors cannot be witnesses in the investigation.
         2. Advisors’ schedules shall not cause undue delay to the investigation process. If a meeting cannot be scheduled with a party’s chosen advisor in a reasonable amount of time, the student may have to choose a different advisor for that meeting or choose to proceed without an advisor for that meeting.
         3. Advisors must be a silent, non-participating presence there solely to observe and provide moral support during the interviews. The advisor may not address the interviewers, except to request a short recess if his/her advisee requires a break.
      2. Absent extenuating circumstances, witnesses and others involved in an investigation are not entitled to have an advisor present.
      3. Attorney Advisors/Outside Agreements: Complainants and Respondents may at their own expense choose to retain the assistance of an attorney as his/her advisor.
         1. The advisor, including attorney and family member advisors, may not actively participate in investigatory interviews, informal or formal resolution proceedings, or the appeals process, and may not address, question, or cross-examine the investigators.
         2. Advisors, including attorney advisors, may be excluded from any hearing or meeting for failing to adhere to the applicable rules.
         3. KCTCS does not recognize or enforce agreements between the parties outside of these procedures.
   4. Witnesses
      1. The Complainant and Respondent have equal rights to present witnesses to be interviewed by the investigator(s). Fact witnesses must have observed the conduct in question or have relevant information. Witnesses may not speak solely to an individual’s character.
      2. The parties may, at their own expense, offer relevant expert testimony. Expert witnesses must be subject to cross examination during the hearing or their testimony may not be considered.
      3. The investigators will determine whether witnesses have provided relevant information and whether to include witness statements in the report of investigation.
   5. Refusal to Participate
      1. A party may refuse to participate in an investigation or hearing to prevent the possibility of self-incrimination, but such refusal shall not delay the KCTCS administrative process. However, KCTCS shall not draw or make adverse inferences or conclusions based on such refusal.
      2. KCTCS may agree to defer its Title IX fact gathering until after the initial stages of a criminal investigation. KCTCS will nevertheless communicate with the Complainant regarding Title IX rights, procedural options, and the availability of interim measures to assure safety and well-being.

7. Formal Resolution and Hearing Process

   When an investigation demonstrates that sufficient evidence exists that a violation of policy and procedure has occurred, KCTCS will initiate a hearing in accordance with the Formal Hearing Process outlined in Appendix B.

8. Time Frame for Resolution

   1. KCTCS shall use its best efforts to resolve all matters under this Procedure within 60 days of the initial report.
   2. Timeframes expressed in this Procedure are guidelines, not mandatory requirements.
   3. If the investigation and resolution must exceed these timeframes, KCTCS shall notify all parties of the reasons for the delay and the expected time of completion.
   4. Extenuating circumstances that may require the extension of timeframes may include the
      1. Complexity and scope of the allegations;
      2. Number of witnesses involved;
      3. Availability of the parties or witnesses
      4. Effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances.

Appendix B Formal Grievance Hearing Procedure

1. Hearing Procedure
   1. Title IX Hearing Officer: Once a case is referred for a formal hearing, KCTCS Legal Services will request a Hearing Officer from the pool available to Kentucky higher education institutions created by the personal services contract issued by the Kentucky Council on Postsecondary Education (CPE). The Hearing Officer will have appropriate training and meet all the requirements under federal law for serving as a Hearing Officer for Title IX sexual misconduct hearings.
   2. Conflicts of Interest: Should a Title IX Hearing Officer find a conflict of interest, they shall immediately recuse themself and a new Hearing Officer will be requested in accordance with paragraph A. Conflicts of interest include, but are not limited to, (1) personal knowledge of the facts and circumstances of the allegations or (2) having a family, personal, or professional relationship with either the Complainant or the Respondent. For purposes of this Appendix only, the terms "Complainant" and "Respondent" include their advisors.
   3. Challenge of Title IX Hearing Officer: Complainant or Respondent or KCTCS Counsel may challenge a Hearing Officer for Cause if there is a belief that the Hearing Officer cannot render a fair and impartial result. Challenges to any Hearing Officer must be made no later than ten (10) calendar days prior to the hearing. If Complainant or Respondent challenges the Hearing Officer, KCTCS Counsel will determine if Cause exists and if so, will excuse that Hearing Officer and request a new Hearing Officer. If KCTCS Counsel challenges the Hearing Officer, CPE General Counsel will determine if Cause exists and if so, will excuse that Hearing Officer and request a new Hearing Officer. Under no circumstance will a Hearing Officer be excluded for a reason that would violate the KCTCS Anti-Harassment/Discrimination Policy.
   4. Access to Evidence: Prior to the hearing, Complainant, Respondent, and KCTCS Counsel will have been provided access to all exculpatory and inculpatory evidence as part of their review of the investigation report.
   5. Hearings: Formal hearings will be conducted by the Hearing Officer according to the following procedures:
      1. When the process leads to a formal hearing to determine responsibility, KCTCS must hold a live hearing that permits for examination and cross-examination of Complainant, Respondent, and any witnesses called by the parties. The hearing will be held using videoconferencing technology so that the parties remain physically separated from one another but are simultaneously visible and audible. All portions of all hearings, with the exception of the deliberations, will be recorded and/or transcribed. Recordings and transcriptions are KCTCS property and records.
      2. KCTCS will provide reasonable accommodations for the hearing which are required by any participating party in accordance with state and federal laws. Parties requiring accommodations should submit their accommodation request to the System Title IX Coordinator at least 10 business days prior to the hearing date to permit KCTCS to engage in the interactive process with the party and/or procure necessary resources to provide the accommodation. However, no accommodation provided may violate the Respondent’s due process rights.
      3. Given the nature of sexual misconduct hearings and the impact on the overall KCTCS community, KCTCS through its Counsel has the burden of proving that Respondent violated KCTCS policy or procedure. Respondent is presumed innocent. While Complainant is an integral part of the process and the proof of KCTCS’ case, it is KCTCS’ responsibility—through its Counsel—to prove that it is more likely than not that the Respondent violated KCTCS policy or procedure.
      4. Complainant, Respondent, and KCTCS Counsel must submit to the Hearing Officer any information they wish to present at the hearing, the name(s) of their Advisor(s), a preliminary list of questions for direct examination of parties and witnesses;  and a possible list of witnesses ten (10) calendar days prior to the hearing. Absent good cause, as determined by the Hearing Officer, the parties may not submit information for the hearing after this deadline. Upon the receipt of information from all parties, the Hearing Officer will review the information submitted to eliminate any redundant, irrelevant, or prejudicial information.  Hearing Officers will relay their decisions regarding reviewed information and may permit a written reconsideration of those decisions.  However, in all cases, Hearing Officers make the final determination regarding the admissibility of information.
      5. Complainant and Respondent have the right to be assisted by up to two Advisors each, including attorneys, of their choice and at their own expense. Attorneys who represent a Complainant, a Respondent, or KCTCS may actively participate in the hearing. However, only one Advisor may actively participate in the hearing on behalf of each party. The other Advisor may provide emotional support and guidance to their advisee, but may not conduct any examination or cross-examination.
      6. If Complainant or Respondent does not have an advisor that can be present at the live hearing, KCTCS must provide, without fee or charge, an advisor of KCTCS’ choosing to conduct cross-examination on behalf of that party. The advisor may be, but is not required to be, an attorney.
      7. Complainant, Respondent, or KCTCS Counsel may request to postpone the hearing for good cause. The requesting party must submit to the Hearing Officer a written request for postponement, including the reason(s) for the request, no later than ten (10) calendar days prior to the scheduled hearing unless an unforeseen circumstance occurs. The Hearing Officer may accept or deny the request, after considering the nature of the request and the alleged sexual misconduct at issue.
      8. The System Title IX Coordinator or designee will arrange the attendance of witnesses who are members of the KCTCS community, if reasonably possible. Complainant and Respondent are responsible for arranging the attendance of their own witnesses who are not members of the KCTCS community.
      9. The System Title IX Coordinator or designee, in consultation with the Hearing Officer, will create the formal hearing file. Copies of the formal hearing file will be made available to all parties and the Hearing Officer at least three (3) calendar days prior to the hearing. The formal hearing file will contain the investigative report, any rebuttal submitted by Respondent or Complainant, any supplemental report, a list of witnesses, preliminary questions submitted by parties, and any other related information to be used during the hearing.
      10. Complainant, Respondent, and KCTCS Counsel have the right to call relevant and necessary witnesses and to present evidence. Complainant, Respondent, and witnesses, including expert witnesses should their information be declared relevant, will all be subject to cross-examination. The advisors for Complainant and Respondent and the KCTCS Counsel will be given an opportunity to examine and cross-examine witnesses who testify at the hearing. Complainant and Respondent may not ask any questions of any witness directly but must have their advisor do so.
      11. Before Complainant, Respondent, or a witness answers any cross-examination or other question, the Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about Complainant’s prior sexual behavior are offered to prove that someone other than Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of Complainant’s prior sexual behavior with respect to Respondent and are offered to prove consent.
      12. No portion of the investigative report, any rebuttal, or any supplemental report is admissible unless the person providing the information submits to cross-examination. If a party or witness, including any expert witness, does not submit to cross-examination at the live hearing, the Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, the Hearing Officer cannot draw an inference when determining responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
      13. Witnesses other than Complainant and Respondent will be excluded from hearings, except for the period of their own testimony.
      14. The hearing will be closed to the public. Complainant, Respondent, their respective Advisors, and KCTCS Counsel are allowed to attend the entire hearing, excluding deliberations.
      15. The Hearing Officer is responsible for maintaining order and determining the sequence of events during a hearing. The Hearing Officer may direct any person who fails to comply with procedures during the hearing or who disrupts or obstructs the hearing to leave the hearing. All questions of law, whether substantive, evidentiary, or procedural, will be addressed to and ruled upon by the Hearing Officer.
      16. If Complainant or Respondent fails to appear at the hearing without good cause or refuses to testify, be examined or cross-examined, KCTCS Counsel will present evidence regarding the allegations and the Hearing Officer will conduct the hearing in the party’s absence. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on Respondent’s absence from or refusal to participate in the hearing.
   6. Findings:
      1. Following the hearing, the Hearing Officer will issue an opinion, based on the preponderance of the evidence standard, as to whether the Respondent has violated any section of the Title IX Sexual Harassment or Misconduct Procedure (Administrative Procedure 3.3.1A-P). The Hearing Officer’s opinion will be directed to the System Title IX Coordinator and will include:
         1. Identification of the allegations potentially constituting sexual harassment as defined in the Title IX Sexual Harassment or Misconduct Procedure; and
         2. Findings of fact supporting the opinion; and
         3. Conclusions regarding the application of the Sexual Misconduct Procedure to the facts.
      2. The System Title IX Coordinator will consult with the College President or System Office Vice President to determine the appropriate sanctions if the Respondent is found to have violated policy or procedure.
      3. Following the consultation, the System Title IX Coordinator will issue a written Determination of Responsibility to both Complainant and Respondent and KCTCS Counsel simultaneously that includes:
         1. A copy of the Hearing Officer’s opinion that contains:
            1. identification of the allegations potentially constituting sexual harassment or misconduct as defined in Administrative Procedure 3.3.1A-P;
            2. a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
            3. findings of fact supporting the determination; and
            4. conclusions regarding the application of the recipient’s code of conduct or other policies to the facts; and
         2. A statement of, and rationale for, the result as to each allegation, including a determination of responsibility; and
         3. The disciplinary sanctions to which Respondent will be subject if found responsible; and
         4. Whether remedies designed to restore or preserve equal access to KCTCS’ education program or activity will be provided to Complainant; and
         5. The procedures and permissible bases for Complainant and Respondent to appeal.
      4. The Determination becomes final on either:
         1. if an appeal is filed, the date both parties are provided the written determination of the result of the appeal; or
         2. when the time given to appeal has expired and no appeal has been submitted.
      5. The Title IX Coordinator is responsible for ensuring the effective implementation of remedies designed to restore or preserve equal access to KCTCS’ education program or activity that is provided to the Complainant.
   7. Sanctions: 

      Sanctions will be ultimately administered by the appropriate responsible authority: Chief Student Affairs Officer (for students), the KCTCS President (for faculty), or the College President or SO Vice President (for staff). Responsible authorities do not have the authority to overturn or modify the Determination of Responsibility. Only the Title IX Appeals Committee may overturn the Determination of Responsibility on appeal, pursuant to Section IX of this Appendix.

2. Recommended Sanctions

   The chart below outlines the recommended sanctions for specific violations of the Title IX Sexual Harassment and Misconduct Procedure. Additional sanctions not specifically listed below may also be imposed when appropriate.

   Action	Recommended Range of Sanctions (Students)	Recommended Range of Sanctions (Employees)
   Sexual Assault	Suspension, Dismissal, Revocation of Admission	Suspension, Termination
   Dating Violence or Domestic Violence	Disciplinary Probation, Counseling Assessment, Social Restrictions, Social Suspension, Suspension, Dismissal, Revocation of Admission	Probation, Counseling Assessment, Suspension, Termination
   Stalking	Disciplinary Probation, Counseling Assessment, Social Restrictions, Social Suspension, Suspension, Dismissal, Revocation of Admission	Probation, Written Warning, Counseling Assessment, Suspension, Termination
   Sexual Harassment	Disciplinary Probation, Counseling Assessment, Social Restrictions, Social Suspension, Suspension, Dismissal, Revocation of Admission	Probation, Written Warning, Counseling Assessment, Suspension, Termination

3. Appeal Rights
   1. Jurisdiction: Because these processes occur outside the normal ones for addressing student and employee misconduct, appeals regarding Determinations of Responsibility or dismissal of Formal Complaints shall be made to the Title IX Appeals Committee (TIXAC).
   2. Grounds for Appeal: Respondent or Complainant may appeal a Determination of Responsibility or the dismissal of a Formal Complaint or any allegations therein on the following grounds:
      1. Procedural irregularity that affected the outcome of the matter; or
      2. New evidence that was not reasonably available at the time the Determination of Responsibility or dismissal was made, that could affect the outcome of the matter; or
      3. The Title IX Coordinator, investigator(s), or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

         Parties may not appeal the severity of sanctions, the types of remedies, or their general dissatisfaction with the Determination.

   3. Composition of TIXAC: The TIXAC shall be composed of three (3) members from the TIXAC pool. The TIXAC pool shall consist of the college Title IX Coordinators. For each appeal, the pool will nominate a member to serve as the Chair of the TIXAC for the submitted appeal. The Chair will randomly choose two (2) additional members to consider the appeal. The appeal will not include a new hearing. (See Section F below for Appeal Procedures.)
   4. Conflicts of Interest: Members of the TIXAC pool who have a conflict of interest shall immediately recuse themselves for consideration for serving on the TIXAC for the submitted appeal. Conflicts of interest include, but are not limited to:
      • personal knowledge of the facts and circumstances of the allegations;
      • having a family, personal, faculty/student, or professional relationship with Complainant or Respondent; or
      • Complainant or Respondent is a student or employee of their college.
   5. Challenge to TIXAC Members. Respondent, Complainant, or KCTCS Counsel may challenge any TIXAC Member if there is a belief that individual cannot render a fair and impartial result. The TIXAC Chair will determine if Cause exists and if so, will excuse that TIXAC Member and randomly choose a new member to serve from the TIXAC pool. If either party or KCTCS Counsel challenges the TIXAC Chair for Cause, the KCTCS Chief of Staff will determine if Cause exists. Under no circumstance will any TIXAC Member or the TIXAC Chair be excluded for a reason that would violate KCTCS’ Anti-Harassment and Discrimination Policy.
   6. Appeal Procedures: The following procedures apply to all appeals:
      1. An appeal is initiated by filing a Notice of Appeal with the System Title IX Coordinator within fourteen (14) calendar days of the date of the written Determination of Responsibility. Upon a showing of good cause, the System Title IX Coordinator may extend this time for filing a Notice of Appeal. The System Title IX Coordinator or their designee will convene the Title IX Coordinators for the TIXAC pool to establish the TIXAC within five (5) calendar days. If both parties appeal the decision, both appeals will be considered during the same appeal process.
      2. Any challenges to the committee members shall mean these timelines will be held in abeyance until committee membership is final.
      3. Within fourteen (14) calendar days of filing the Notice of Appeal, Appellant must file the Opening Brief, not to exceed twenty-five pages (25) double-spaced, to the TIXAC Chair. Appellant, their attorneys, and their support individuals have the right to review the hearing file, including any recording of the hearing, in preparation for filing an Opening Brief. Upon a showing of good cause, the TIXAC Chair may extend this time for filing the Opening Brief.
      4. Within three (3) calendar days of receiving the Opening Brief, the TIXAC Chair must provide a copy of the Opening Brief to KCTCS Counsel and the other party.
      5. Within fourteen (14) calendar days of the filing of the Opening Brief, KCTCS Counsel must file a Response Brief, not to exceed twenty-five (25) pages double-spaced, to the TIXAC Chair. KCTCS Counsel has the right to review the hearing file, including any recording of the hearing, in preparation for filing a Response Brief. Upon a showing of good cause, the TIXAC Chair may extend this time for filing the Response Brief.
      6. The other party may also file a Response Brief within fourteen (14) calendar days of the filing of the Opening Brief, not to exceed twenty-five (25) pages double-spaced, to the TIXAC Chair. The other party and their advisors have the right to review the hearing file, including any recording of the hearing, in preparation for filing a Response Brief. Upon a showing of good cause, the TIXAC Chair may extend this time for filing the Response Brief.
      7. Within three (3) calendar days of receiving Response Brief(s) from KCTCS Counsel and/or the other party, the TIXAC Chair must provide a copy of the Response Brief(s) to Appellant.
      8. Within seven (7) calendar days of the filing of the Response Brief by KCTCS Counsel, the Appellant may file a Reply Brief, not to exceed ten (10) pages double-spaced, to the TIXAC Chair. In this Reply Brief, the Appellant may address arguments raised by KCTCS Counsel and/or the other party.
      9. If both Complainant and Respondent appeal the same Determination on different bases, both appeals shall be considered during one process. Each party may file Response Briefs to each party’s appeal, with commensurate time frames and size limitations.  This may significantly extend the timeframe for filings.
   7. Appellate Review: On appeal, the TIXAC will resolve the following issues:
      1. Whether a procedural irregularity affected the outcome of the matter;
      2. Whether new evidence is now available that was not reasonably available at the time the Determination of Responsibility or dismissal of a Formal Complaint or any allegations therein was made, that could affect the outcome of the matter; or
      3. Whether the Title IX Coordinator, investigator(s), or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
   8. Appeal Record: In considering an appeal, the TIXAC will conduct a review of the entire record, including but not limited to:
      1. The hearing file that is given to the parties prior to the hearing;
      2. Any pre-hearing rulings from the Hearing Officer;
      3. The Determination of Responsibility;
      4. The recording or transcript of the formal hearing; and
      5. Any other materials admitted into evidence by the Hearing Officer; and
      6. All Opening, Response, and Reply Briefs.
   9. TIXAC Decision: Upon review of all the information, the TIXAC has the authority to do one of the following:
      1. Uphold the findings and recommendations in the Determination of Responsibility; or
      2. Remand the case back for a new investigation if the investigators were biased or new evidence is now available, which would then lead to a new Formal Hearing; or
      3. Remand the case back to a new Hearing Officer for a new Formal Hearing if there were procedural irregularities or Hearing Officer bias or conflict of interest; or
      4. Name a substitute Title IX Coordinator to administer remedies and interact with the parties going forward if there is a finding that the Title IX Coordinator involved in the case was biased such that their conduct affected the outcome of the matter.
   10. TIXAC Decision: The TIXAC Chair will communicate the outcome in writing simultaneously to the involved parties, including KCTCS Counsel, and the Title IX Coordinator involved.
       1. For students, the decision of the TIXAC is final and binding upon all involved. Suspension or expulsion decisions may be appealed to the KCTCS Board of Regents pursuant to KRS 164.370 in accordance with the Student Code of Conduct.
       2. For employees, the decision of the TIXAC may be appealed pursuant to applicable law (KRS 164.230) and/or KCTCS policies and procedures. 

Sex Offender Registry

In compliance with the Federal Campus Sex Crimes Prevention Act of 2000, KCTCS, through the Kentucky State Police, makes information available to the campus community concerning registered sex offenders who may be employees or students at your college.

The Kentucky State Police provides sex crime offender registration information to the public through the Sex Offender Registry website.

According to the Kentucky State Police, this website is for public safety and awareness. Pursuant to KRS 525.070 and 525.080, use of information from this website to harass a sex offender is a criminal offense punishable by up to 90 days in the county jail. More severe penalties apply for more severe crimes committed against a sex offender.

Procedures for Emergency Response and Evacuation

Security and Crisis Management

KCTCS Security and Crisis Management assists BCTC Campus Safety and Security departments with developing, maintaining, and implementing emergency operations plans, developing and conducting exercises, hazard and risk education, and building partnerships with external response agencies.

The System Office Crisis Management Team staffs the System Office Emergency Operations Center (EOC) and may be activated to provide resource and support services to BCTC EOC, if needed. The System Office Crisis Management Team is equipped to provide the following services to BCTC when requested:

• Public and media relations support
• Facilities support
• Temporary alteration of administrative and business policies and procedures
• Procurement of resource and support services
• After-action incident evaluation

Not all incidents will require an activation of your EOC. For smaller, routine campus incidents response operations may be managed virtually by several members of your Crisis Management Team.

Emergency Action Plans detailing evacuation routes are provided in every building and classroom at BCTC.

BCTC regularly works with local law enforcement to ensure any incidents reported in the area, that may affect the college, are communicated.

Emergency Notification

BCTC uses a Safety Notification Alert Process (SNAP) for communication information quickly. Students are automatically signed up when they enroll at BCTC. Faculty, staff and interested individuals can sign up to receive SNAP messages.

In the event of an incident that requires the immediate notification to the campus community, a SNAP Alert will be issued, that will provide text, voice, broadcast and e-mail messages to all members of the BCTC community. Face-to-face communication will be used in the event technology fails.

BCTC has a SNAP Team and uses a consultation approach to confirm there is a significant emergency or dangerous situation involving an immediate threat to the health or safety of student or employees occurring on campus. The BCTC Operations Manager for Safety and Security is responsible for confirming an emergency, with the assistance of BCTC administrators, local first responders and/or the national weather service. Upon confirmation, BCTC will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency.

The Operations Manager for Safety and Security in consultation with Safety and Security Officers and/or designated personnel, when possible, will determine the content of the notification, considering the scope of the notification based on the segment of the community at risk (e.g. targeted areas, campus wide, building specific)

The following personnel have the authority to activate an emergency notification in the event of an emergency, immediate threat, hazardous condition, natural disaster or other critical incident:

• Operations Manager for Safety and Security
• Safety and Security Supervisors
• College President
• Vice President of Finance/Operations
• Dean of Operations
• Leadership Executive Team (LET) Members

SNAP is not the only means the College uses to communicate emergency information to the College community. BCTC uses their website, local TV, radio, newspaper, and various social media.

Follow-up information will be provided to the BCTC campus community using some or all of the systems described above. The larger community, parents, neighbors, and other interested parties can access emergency information through the BCTC website or the media.

Training, Drills, and Exercises

The campus conducts regularly scheduled semester drills, exercises and appropriate follow-up training. These activities are designed to improve emergency response on an ongoing basis. After action report briefings and corrective actions plans are developed and conducted for each exercise or activation. Documentation of past exercises which include exercise descriptions, date, time, whether the exercise was announced/unannounced are available for review upon request. Contact the Operations Manager for Safety and Security at 859-246-6422 for more information or to make a request.

The Safety and Security Department documents and files each SNAP Alert test. This includes a description of the drill or exercise, date, time of test, and how the test was announced or it was unannounced. For more information, contact 859-246-6422.

Annual Crime Statistics

Disclosure and Format of Annual Crime Statistics

BCTC maintains a Daily Crime Log of all crimes reported or investigated to the department for the most recent 60-day period. The information includes the date, time, location, nature of the crime and disposition of the complaint. The log is available in-person during the weekdays from 9:00am-3:00pm. The log is also posted to the BCTC Safety and Security website.

In the event the there is an issue with the electronic log at BCTC, KCTCS has a centralized site where information can be obtained.

The Michael Minger Act is a Kentucky state law that requires public colleges and universities as well as private institutions licensed by the Kentucky Council on Postsecondary Education (CPE) to report campus crimes to their employees, students and the public on a timely basis.

The Minger Act requires a public crime log, to be available on-line, recording incidents known to campus police and other campus officials, as well as special reports when there is an ongoing threat to the safety of students and employees. Schools must also report their crime statistics annually to the CPE which has responsibility for developing formats for reporting crime statistics and for ensuring that annual reports are received from the institutions.

BCTC Michael Minger Act Reports for 2020 based on activity reported for calendar year 2019.

Crime Statistics

The Clery Act requires each institution to disclose crime statistics that occur on three types of property: On Campus, Non-Campus, and Public Property areas. The statistics must be gathered from campus security, local law enforcement, and campus security authorities.

Crime information and statistics are gathered from internal BCTC Security and Safety Incident Reports (IR), as well as from law enforcement agencies including the University of Kentucky PD, Lexington PD, Danville/Boyle County PD, Winchester PD, Anderson County PD, Georgetown PD, and Versailles PD.

*No hate crimes reported for this campus during the noted time-frame.