9. Safety and Emergency Procedures
9.1. Harassment and Code Violations
Bacone College does not condone and will not tolerate any behavior, verbal or physical, by members of the faculty, administration, staff or student body, that is:
1. unwelcome, unsolicited, or uninvited;
2. is regarded by the recipient as undesirable or offensive;
3. is directed or related to an individuals race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status, or any classification protected by law and;
4. implicitly or explicitly suggests that submission to or rejection of the conduct will be a factor in academic or employment decisions, evaluations, or permission to participate in a school activity or;
5. is offensive to a reasonable person under the circumstances in question and if not corrected, would interfere with an individual's academic or work performance or create or substantially contribute to an intimidating or hostile work, academic, or student living environment.
In determining whether the alleged conduct constitutes discrimination or harassment under this policy, consideration of the incident will include but not limited to the totality of the circumstances, the context in which the alleged incident(s) occurred, the relationship of the parties, whether the alleged offending party was asked to cease the offending conduct and principles of academic freedom.
Examples of types of harassment prohibited by this policy include:
a) Verbal harassment, such as harassing phone calls, jokes, slurs, epithets, anecdotes, or other derogatory statements directed to an individual or group of individuals’ race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such activity; or
b) Visual, through the use of writings, graffiti, e-mail, texting, social network media, posters, objects, or symbols that ridicule or demean an individual or group of individuals’ race, color, religion, ancestry, national origin, gender, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such material; or
c) Unwanted touching, stalking, or impeding an individual's free movement on the basis of a protected characteristic.
This policy applies to all members of the Bacone College campus community, including students.
The policy applies during:
a) On-campus activities. This policy applies to all on campus activities, Academic Centers, or any other College facility.
b) Off-campus activities. This policy also applies to "off campus" activities that are College related. Examples of activities that normally would fall into this category are:
• For all persons (College administrators, faculty, staff, and students):
• Off-campus activities that are sponsored by or associated with the College; or
• Off-campus activities that derive from class assignments or for which credit may
• Off-campus activities that involve students.
To the extent possible, the College will make a reasonable effort to conduct all proceedings
related to harassment allegations in a manner that will protect the confidentiality and privacy interests of all parties. Examples of situations where confidentiality cannot be maintained include circumstances when the College is required by law to disclose information and when disclosure
is warranted by the College in order to protect the rights of others. In addition to these efforts, all parties to the alleged complaint should treat the matter under investigation with discretion and respect for the reputation of all parties involved. Confidential reporting shall be made through the Campus Police at 918-781-7200
To Initiate a grievance of harassment students can inform in person to the campus police (firstname.lastname@example.org) or to the Vice President of Student Affairs.
Campus Police are headquartered out of the Conference Center room 101. The Vice President of Student Affair's Office is located inside the Student Center in the Student Life Suite. The Campus Police will investigate all grievances that are filed and ensure that both parties involved have the opportunity to present witnesses and evidence as necessary.
Harassment Complaints must be filed no later than six weeks after the most recent incident occurred. Investigations into Harassment cases will begin as soon as the allegations are filed. Please allow up to fifteen business days for the case to be resolved.
Written notice form the Office of Student Affairs will be sent to all parties involved once the case has been closed.
The College will take all necessary steps to ensure that there is not a repeat offense of the harassment. Including but not limited to, Campus restraining orders, campus ban orders, suspensions/expulsions, etc...
RESTATEMENT OF CLERY ACT POLICIES AND PROCEDURES
The following information is available in the Annual Clery Act Disclosures and is reproduced below.
Please visit http://www.bacone.edu and download the most recent copy of the Disclosures.
If you are a victim of a sexual assault at this institution, your first priority should be to get to a place of safety and call 911.
You should then obtain necessary medical treatment and report the incident in a timely manner. Time is a critical factor for evidence collection and preservation. An assault should be reported directly to a law enforcement officer, and college officials will facilitate this process. Filing a police report will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the victim to the extent provided for by Oklahoma state law, and provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later.
A victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to reporting the sexual assault and undertaking an examination. Law enforcement officers will facilitate access to confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.
When a sexual assault victim contacts a law enforcement officer, investigators from the agency having jurisdiction will be notified. A representative for the college will also be notified and guide the victim through the available options and support the victim in his or her decision.
Bacone College does not offer counseling options, but law enforcement officials and college representatives are available to facilitate access to support services, which may be obtained through the Oklahoma Coalition Against Domestic Violence & Sexual Assault. Several service organizations in Oklahoma have provided telephone numbers and made available other services for students, faculty, staff and campus community members.
The Bacone College Campus Police Department will assist any interested person in contacting these agencies.
IF YOU ARE A VICTIM OR WITNESS CALL 911 IMMEDIATELY AFTER A SEX OFFENSE OCCURS
Campus Police → 1-918-781-7200
Oklahoma Safeline → 1-800-522-7233 (SAFE)
Oklahoma Safeline - Oklahoma City Metro Area → 405-522-7233 (SAFE)
National Domestic Violence Hotline → 1-800-799-7233 (SAFE)
Rape, Abuse & Incest National Network Hotline → 1-800-656-4673 (HOPE)
Communication Services for the Deaf (TTY) → 1-800-252-1017 (TTY)
Communication Services for the Deaf (Voice) → 1-866-845-7445 (Voice)
Oklahoma Coalition Against Domestic Violence & Sexual Assault → 405-524-0700 (M-F/9-5)
The institution will change a victim’s academic and living situations after an alleged sex offense, if those
changes are requested by the victim and are reasonably available. The accuser and the accused are entitled
to the same benefits under the law.
Compliance with this policy does not constitute a violation of the Family Educational Rights and Privacy
Act (FERPA). For the purpose of this policy, the outcome of a disciplinary proceeding means only the
institution’s final determination with respect to the alleged sex offense and any sanction that is imposed
against the accused. A student in violation of the sexual misconduct policy will be subject to criminally proceedings in the courts and will be subject to expulsion proceedings.
Criminal violations may be reported by calling 911, by calling Campus Police at (918) 781- 7200, or in person to an officer.
Bacone College has its own campus police department, which has the same authority and arrest powers as a municipal police department. Each officer is duly sworn and commissioned in accordance with Oklahoma state law and peace officer training standards and may enforce both criminal laws and the rules and regulations of Bacone College. Additionally, all campus police officers hold a commission with the Muskogee County Sheriff's Office and have powers of arrest throughout all of Muskogee County.
Major criminal violations are reported and referred to either the Municipal Court of the City of Muskogee (many misdemeanor charges) or to the District Court for the County of Muskogee (some misdemeanor charges, all felony crimes).
More information about jurisdiction and authority may be found in the Clery Act Annual Disclosures, published on the College's website <http://www.bacone.edu>. Criminal violations are separate and distinct from College discipline.
CODE OF CONDUCT
Responsibility for the keeping of good discipline is vested in the Office of Dean of Students, and discipline may be applied in some order, any order, or no order provided that minimum due process is afforded to the student. The following policies and procedures are subject to change or modification at any time and serve only as a guideline to how disciplinary affairs are conducted to ensure due process is met:
It is expected that all Bacone College students conduct themselves in accordance with Bacone College expectations and standards as well as demonstrate a pattern of self-discipline. When a student violates standards of acceptable behavior at the College, the student breaks the agreement they made with the College to comply with its expectations and the expectations of society.
Students who violate the college behavioral expectations and standards are held accountable for their behavior. The principle of accountability promotes a climate of responsibility for one's own actions, which may include being counseled, advised, and when warranted, disciplined. Violations of local, state and federal law are also violations of the student Code of Conduct whether they occur on or off campus.
EXAMPLES OF CODE VIOLATIONS
The disciplinary authority of the College is vested in the President and the Dean of Students. Discipline may be applied in some order, any order, or no order.
While not an exhaustive list, the following is a guide as to some of the most serious violations of the Code of Conduct which may result in discipline up to and including suspension or expulsion:
1. Physical or Sexual Assault
2. Distributing and/or Possession or use of any controlled dangerous substance (including but not limited to marijuana).
3. Theft of any nature. Icluding Possesing Stolen Property
4. Tampering with life safety equipment (including but not limited to doors, cameras, fire extinguishers, alarms)
5.. Threats of violence or intimidation.
6.. Obscene, indecent, lewd, or salacious conduct.
7. Racial/ethnic slurs. (including but not limited to clothing, bumper stickers, verbal abuse, etc.).
8. Possession of replica firearms (including but not limited to pellet guns, paintball markers,
BB guns, airsoft guns), blowguns, crossbows, or any weapon.
9. Possession of firearms.
10. Falsification of official college documents; including admission.
11. Verbal and/or written abuse (including telephone calls, e-mails or letters).
12. False statement about a student, college official, or law enforcement officer.
13. Violation of local, state or federal law.
REPORTING CODE VIOLATIONS
Any member of the Bacone College campus community may report information regarding an alleged incident of non-academic misconduct to the Dean of Students and Campus Police, by the President's Hotline at <http://president.bacone.edu/?page_id=6> , Or by contacting Campus Police directly at 918-781-7200.
The Dean of Students shall assume responsibility for the resolution of the alleged incident and accept referrals for discipline from housing and Campus Police. All investigations are conducted by Campus Police.
SEARCH AND SEIZURE GUIDELINES
Because the College is private property, persons and vehicles are subject to search at all times. Students are entitled to some expectation of privacy in their dormitory rooms, and the College will generally not make entry into student rooms except:
1. By law enforcement officers in the performance of statutory duties and in accordance with legally defined procedures governing search and seizure.
2. By authorized College personnel or agents to make improvements and repairs and to provide routine maintenance services.
3. By authorized College personnel to ensure that health, fire, and safety regulations are maintained.
4. By authorized College personnel in emergency situations to protect the health and welfare of the student or to make emergency repairs to prevent damage to the property of the student and the College.
5. By authorized College officials when there is reasonable suspicion to believe violation of College rules or regulations has been, will be, or is being committed.
When it is necessary for authorized College personnel or their agents to enter a student’s room when the occupant(s) is not in, there will be two staff members present, if it is possible. The student(s) will be notified of the entry and reason for the entry by use of a printed notice.
Pass keys will only be used if the occupant of the room cannot be located, is not responding to college personnel, or if there is a reason to believe the delay would be potentially harmful to other residents or facilities, or would allow for disposing of evidence.
If contraband or items to be confiscated are found by Housing and are to be held as evidence in a student disciplinary hearing, Campus Police shall collect the items and Housing staff will notify the Dean of Students, either before the items are confiscated or as soon as practical afterward.
The following sanctions may be imposed:
A. Community Service - The student will be required to perform a service for the college or
the community. Total hours and assignment to be based on the nature and severity of the
B. Fines – A monetary fine may be assessed following the exhaustion of appeals. The fine
will be posted to the student account and may be paid at the Business Office during
normal business hours.
C. Damages – (for damage to college property only) The student will be required to pay for
any property damage or cost(s) of repair(s), separate from any fines.
D. Suspension – The student may be suspended from all classes, residential areas, activities and may not be present on campus.
E. Expulsion – The student is removed and permanently barred from attending any campus function.
All appeals shall be submitted to the Office of the Dean of Students and forwarded to the appropriate body under the Disciplinary Policies.
An Appeals Committee shall be convened as needed to evaluate appropriate actions related to student status based on complaints and/or incident reports:
• Athletic Director
• Housing Personnel
• Assistant Vice President of Christian Ministries
• A faculty representative and a student Representative appointed by the Student Government Association.
The appeals committee will make a recommendation to the Dean of Students. The Dean of Students can accept or reject their recommendation. If the outcome is not favorable to the student the student may appeal to the Office of the President. The President's decision is final and no other appeals may be made.
DIRECT THREAT AND DISABILITIES
The College has developed its discipline policies and procedures to ensure they do not discriminate against individuals with disabilities who may pose a direct threat to the health or safety of others. The direct threat policy and procedure is applicable in situations where the College proposes to take adverse action against a student whose conduct resulting from a disability poses a significant risk to the health or safety of others.
A significant risk constitutes a high probability of substantial harm and not just a slightly increased, speculative, or remote risk.
As it is inconsistent with the College's mission and purpose to subject students to adverse action on the basis of unfounded fear, prejudice and stereotypes, the The College Administration will make an individualized assessment as to whether a student with a disability poses a direct threat to the health or safety of others.
An individualized assessment is based on objective evidence and/or reasonable medical judgment(s) and requires consideration of the nature, duration, and severity of the risk and the likelihood, imminence and nature of the potential harm, as well as consideration of whether any reasonable modification of any relevant College policies, practices, or procedures will sufficiently mitigate the risk posed by the student without fundamentally altering the nature of the service, program or activity.
If an individualized assessment indicates that a exceptional circumstance exists, such as situations where safety is of immediate concern, the College may take interim steps including suspension.
The right to appeal will follow that of the Major Discipline policy, and the student will be notified by letter of any adverse action taken against them, applicable appeal procedures and deadlines.
Minor Discipline includes all parking actions and disciplinary actions involving damages and fines of one hundred dollars (<$100.00) or less and community service of twenty (20) hours or less.
Minor Discipline may be imposed at the discretion of the Dean of Students following a written notification to the student. Students can appeal their minor discipline tickets each Friday from 11:00A.M. - 12:00P.M. in the Student Life Center Conference Room. Appeal of a minor discipline sanction must be made by the student at the above outlined Hearing Room between 11:00A.M. - 12:00P.M. of the Friday immediately following the ticket/fine.
After that time, all tickets will stand as written and proposed fine placed on the student's account. Students are encouraged to bring a written explanation/appeal to the Hearing Room for the official record.
Major Discipline includes all disciplinary actions involving fines of more than one hundred dollars (>$100.00) or more, community service of more than twenty (20) hours, suspension of more than seven (7) days, and expulsion.
This process is meant to provide the broadest due process for the student and balance the actions of the administration. Students may elect to waive this process in writing, except in the case of expulsion.
Following initial referral for discipline, the Dean of Students will conduct a summary hearing in which the referral will be read to the Student, the Student will have the opportunity to present a written statement regarding the referral, and a prepared statement may be submitted by the Student for consideration. The Dean of Students will then make a written finding and impose discipline if warranted.
(In cases of urgency, such as those involving violence or behaviors that put the campus at risk, interim discipline may be imposed immediately with an automatic right to rehearing at the first practical opportunity.)
Students subject to Major Discipline have the right to request a rehearing from the Appeals Committee, provided that (i) the request is made in writing within ten (10) days of the imposition of discipline, (ii) the written request includes a basis for rehearing, (iii) and any statement, exhibit, or other evidence to be considered is included with the written request. (Appeal from expulsion is automatic.)
The rehearing shall be de novo with no formal rules of procedure or evidence or any requirement to hear witnesses. The Appeals Committee will MAKE RECOMMENDATIONS to the Dean Of Students for imposition of discipline.
Once the student has exhausted their appeal, a final appeal may be made to the President.
THE PRESIDENT MAY OR MAY NOT Hear an Appeal and may refer the Appeal to MANAGEMENT TEAM AND CONSIDER THEIR RECOMMENDATIONS.
If an appeal is heard, the President may affirm or remand to the Appeals Committee for reconsideration consistent with policy.
The decision of the PRESIDENT to hear an appeal, refer an appeal, or make a finding is final. CHANGES TO THIS HANDBOOK
The President, or someone or some committee appointed by the President, may decide to change this HANDBOOK AND THE POLICIES CONTAINED IN THE HANDBOOK. The College may change this HANDBOOK by POSTING THE REVISED COPY ON THE BACONE COLLEGE WEBSITE, at least thirty (30) days before the changes go into effect.