Reporting Incidents of Sexual Misconduct or Relationship Violence


Rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking are serious crimes whether the act of violence is by a stranger or someone known to the victim.

Victims of rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking have the option for and will receive assistance from the university in changing academic, living, transportation and working situations, if such accommodations are reasonably available regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

Pittsburg State University prohibits retaliation by its officers, employees, or agents against a person who exercises his or her rights or responsibilities under any provision of the Campus SaVE Act.

Submit a Report

  • What to do
  • Reporting
  • Resources
  • Policy
  • Definitions

What to do if you have been a victim:

Go to a safe location as soon as possible. If you can find a friend to accompany you, that would be even safer. From the safe location call:

Available 24/7, 365 days per year:

  • Pittsburg State University Police - (620) 235-4624
  • City of Pittsburg Police Department - (620) 231-1700
  • Crawford County Sheriff's Department - (620) 724-8274
  • Safehouse Crisis Hotline - 1-800-794-9148
  • Via Christi Medical Center - (620) 231-6100
  • PSU Residence Hall Staff (resident assistant, assistant hall director, area coordinator)

Available Monday-Friday, 8 am – 4:30 pm:


Alternatively, you may go directly to the University Police Department, 1501 S. Joplin (open 24 hours a day, 7 days a week) or to the Via Christi Medical Center Emergency Room, 1 Mount Carmel Place.


Rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking are serious crimes whether the act of violence is by a stranger or someone known to the victim. The university strongly encourages and supports victims to report the crime immediately to the University Police or City Police.  As an alternative, the victim may report the crime to the Assistant Vice President for Student Life, or a resident assistant, assistant residence hall director or area coordinator. University personnel will assist in the report process if requested by the victim. As a victim, the individual has the option to decline to notify law enforcement or campus authorities.  University procedures are designed to protect the student who has been hurt by these behaviors and to stop the offensive behavior. The due process rights of alleged offenders are protected, as well as the rights of the victim.

Victims of rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking have the option for and will receive assistance from the university in changing academic, living, transportation and working situations, if such accommodations are reasonably available regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

Pittsburg State University prohibits retaliation by its officers, employees, or agents against a person who exercises his or her rights or responsibilities under any provision of the Campus SaVE Act.

Importance of preserving evidence to prove a criminal offense occurred or in obtaining a protection order

Time is of the essence. Victims should NOT change clothes, shower, bathe, or douche. If possible, do not go to the toilet. Save all clothing, linens, or other items that may have been touched by the assailant for the police officers who will be responsible for evidence. Do not wash clothing, linens or other items that may have been touched by the assailant. All physical evidence, including seminal fluids, hair, blood types and scrapings of flesh from the victim's fingernails will be used in prosecution of the crime.

You may request that the police investigation be conducted by a police officer of your gender (i.e. a female police officer for a female student, a male police officer for a male student) if available. As a victim of rape, acquaintance rape, domestic violence, dating violence, sexual assault or stalking, your name will not be released to the news media.

Be prepared to go to the Via Christi Medical Center Emergency Room, 1 Mount Carmel Place, and request a medical examination by the Emergency Room physician using the Sexual Assault Kit required for evidence in cases of sexual assault. This is done free of charge to the victim. You should get to the hospital as soon as it is safe and possible. The University Police or City of Pittsburg Police or Crawford County Sheriff's Deputy will be able to arrange transportation to the hospital as soon as an assault that has taken place is reported.

A formal complaint for legal action against the assailant should be made to the County Attorney through the police (no fee will be charged). For criminal prosecution a victim has two years to file a report from the day of the crime but it should be done as quickly as possible.

In order to be eligible for compensation under the Kansas Crime Victims Compensation, the crime must be reported to the law enforcement agency where the crime was committed within 72 hours of the event unless the Crime Victims Compensation Board finds there was good cause for the failure to report. The victim must be completely cooperative with the law enforcement agency. The victim must file a claim with the Crime Victims Compensation Board within one year of the occurrence of the crime.

The university strongly encourages and supports victims to report the crime immediately to:

  • University Police - 620 235-4624 or at their office, Lower Level of Shirk Hall, 1501 South Joplin Street, or
  • City of Pittsburg Police - 620 231-1700 or at their office, 201 North Pine Street

As an alternative, the victim may report the crime to the University’s:


University personnel will assist in the report process if requested by the victim. As a victim, the individual has the option to decline to notify law enforcement or campus authorities.  University procedures are designed to protect the student who has been hurt by these behaviors and to stop the offensive behavior. The due process rights of alleged offenders are protected, as well as the rights of the victim.

Pittsburg State University Campus Resources

  • TITLE IX COORDINATOR
    Russ Hall 218
    620-235-4189
    As the university’s Title IX Coordinator, the Director of Institutional Equity will investigate allegations of sexual misconduct (often concurrently with law enforcement and/or student discipline) to determine what occurred and will inform and obtain consent from the victim before beginning the investigation. If the victim requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation.


  • VIOLENCE PREVENTION & VICTIM ADVOCACY
    104 Bryant Student Health Center
    620-235-4831
    24 - Hour Crisis Hotline: 800-794-9148
    http://www.safehousecrisiscenter.org/
    Campus Advocate provides on-campus support and referral for survivors of sexual assault, domestic violence and stalking. The campus advocate is a contracted employee of SafeHouse, Inc. which serves survivors of sexual assault, domestic violence and stalking with crisis intervention advocacy, individual supportive counseling, a temporary emergency shelter, survivor support groups, and a 24-hour crisis hotline.


  • STUDENT LEGAL RESOURCE CENTER
    108 Overman Student Center
    620-235-6026
    Provides free legal resources to students to address their legal needs. An attorney is available part time to help students resolve their legal matters and/or refer a student to an attorney that specializes in the area of law in which the student is seeking advice.


  • STUDENTS FOR VIOLENCE PREVENTION
    103 Bryant Student Health Center
    620-235-4831
    Ongoing presentations, programs, and events that raise awareness and educate the student body on the issues of dating violence, domestic violence, healthy and unhealthy relationships, bystander behaviors, sexual assault, sexual consent and communication, stalking, and bystander intervention. 


  • BRYANT STUDENT HEALTH CENTER
    620-235-4452
    1801 S. Broadway
    8 a.m. to 4 p.m. Monday through Friday
    Outpatient ambulatory care supported by a physician supervised medical staff. Services include: treatment for mild to moderate illness and injuries, women’s/men’s health, immunizations/allergy injections, contraceptive counseling, pharmacy/lab services, radiology services, specialty clinics, and referral services.


  • OFFICE OF STUDENT LIFE
    221 Russ Hall
    620-235-4945
    Receive reports of crimes or violations of university police and/or the Code of Student Rights and Responsibilities, advise victims of rights and assist with options for resolution, conduct investigations of allegations of misconduct, and administer discipline process on behalf of the university.

  • UNIVERSITY COUNSELING SERVICES
    Bryant Student Health Center
    1801 S. Broadway
    620-235-4452
    Confidential counseling provided in a variety of problem areas, such as:   depression, anxiety, family problems, communication skills, relationships, self-esteem, stress management and substance misuse/abuse. Sessions are from 25 to 50 minutes in length depending on the needs of the student.

     
  • UNIVERSITY POLICE AND PARKING SERVICES
    620-235-4624
    Lower Level Shirk Hall
    Police protection services are provided to the campus, PSU Foundation property, parking lots, residence halls, and the fraternities and sororities 24 hours per day, 365 days per year. PSU police officers have the same law enforcement powers and responsibilities as the local police and sheriff and are responsible for a full range of public safety services, including all crime reports, investigations, medical emergencies, fire emergencies, traffic accidents, enforcement of underage drinking laws, use of controlled substances, weapons, and all other incidents requiring police assistance.

Pittsburg Community Resources

  • CITY OF PITTSBURG POLICE
    620 231-1700
    201 North Pine Street
    http://www.pittks.org/index.aspx?nid=17
    The City of Pittsburg Police Department provides police protection within the city of Pittsburg.  While the city and the university police departments have concurrent jurisdiction for areas adjacent to the campus, reporting of allegations of criminal activity that happens on property not owned or controlled by the university is under the primary jurisdiction of the City of Pittsburg Police department.


  • KANSAS LEGAL SERVICES 
    620-232-1330 
    408 N. Walnut 
    Toll free application: 800-723-6953 
    www.kansaslegalservices.org
    Kansas Legal Services provides free legal advice and representation to victims of domestic violence, sexual assault, stalking and victims of crime, including representation to obtain Protection From Abuse and Protection From Stalking restraining orders in Court.


  • SAFEHOUSE CRISIS CENTER, INC.
    620 231-8692
    24-Hour Crisis Hotline: 800-794-9148
    SafeHouse Crisis Center, Inc. serves victims of sexual assault, domestic violence and stalking with crisis intervention advocacy, individual supportive counseling, a temporary emergency shelter, victim support groups, and a 24-hour crisis hotline.

     
  • VIA CHRISTI MEDICAL CENTER
    620 231-6100
    EMERGENCY ROOM, 1 MOUNT CARMEL PLACE
    Full service hospital with emergency room with expertise to conduct examination and complete evidence gathering necessary in cases of sexual assault. This is done free of charge to the victim.

National Resources

If you have a life-threatening emergency, always call 911 for ambulance transportation to a hospital.

Policy on Sexual Misconduct & Relationship Violence

Pittsburg State University prohibits all forms of sexual misconduct and relationship violence to include rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking.


The University may investigate incidents of sexual misconduct or relationship violence committed by or against a student, regardless if the alleged incident occurred on or off campus. The investigation may be pursued through the criminal justice system and/or the University discipline proceedings. Internal and University discipline proceedings are independent of criminal or external proceedings. Should the criminal or external proceedings be dismissed, or reduced, the University may continue to pursue disciplinary action.

University personnel will assist in the report process if requested by the victim. A representative from the University Police, the Office of Student Life, and/or the Office of Institutional Equity will guide the victim through the available options and support the victim in his or her decision. As a victim, the individual has the option to decline to notify law enforcement or campus authorities or to participate in an investigation.  However, circumstances may dictate that the university pursues investigation and response even without the victim’s assistance.


Investigating Alleged Sexual Misconduct
When the University receives any report of a sexual assault, the University's Title IX Coordinator will be immediately notified of the alleged assault by the office receiving the report.  The Title IX Coordinator will work directly with the Office of Student Life, and will promptly begin an investigation to determine what occurred and will inform and obtain consent from the victim before beginning any disciplinary proceedings.

If the victim requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a victim insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the University's ability to respond may be limited.

The University will not tolerate retaliation in any form against anyone raising a concern of sexual misconduct in good faith as a complainant or participating as a witness, an investigator or in any other capacity. Retaliation is typically a significant adverse action taken against an individual because the individual participated in an internal complaint process. University policy and state and federal law prohibit retaliation against an individual for reporting discrimination, sexual violence or harassment, or for participating in an investigation. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the allegation. Allegations of or questions about retaliation should be directed to the Title IX Coordinator or to any one of the designated University resource offices.

The responsibility to investigate and possibly adjudicate anyone for violations of this policy is provided by the Violence Against Women Act (VAWA). Compliance with the provisions of VAWA does not constitute a violation of the General Education Provisions Act, commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).



Possible Protective Measures
In an effort to protect those directly involved in an alleged incident of sexual misconduct or relationship violence, protective measures may be implemented where reasonably available. The measures may include, but are not limited to:
A.    No Contact Order
B.    Change in on-campus housing location to a different on-campus option
C.    Adjusting a student’s class schedule
D.    Altering course assignments with assistance of the assigned faculty member
E.    Assistance with transportation and working situations

In instances where the University determines there to be a risk to members of the University community, or where continued class attendance will disrupt normal operations of the University, the respondent may temporarily be suspended. This suspension may limit the respondent’s access to various University buildings, services, activities, and privileges. If a student who was temporarily suspended is later found “not in violation” all rights, responsibilities, and privileges will be restored. Any academic work missed by the student due to the suspension will be given an opportunity for completion, at the reasonable discretion of the faculty.
        

University Discipline Process
Special guidelines for cases involving sexual misconduct, rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking are detailed in Article 34 of the Code of Student Rights and Responsibilities, available at www.pittstate.edu/audiences/current-students/policies/rights-and-responsibilities/student-conduct-code.dot. 

The Code of Students Rights and Responsibilities provides, in part, that the discipline process will
  • provide for a prompt, fair, and impartial investigation and resolution of allegations;
  • be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
  • provide the accuser and the accused equal opportunity to have others present during an institutional disciplinary proceeding including the opportunity to be accompanied to any related meeting or proceedings by an advisor of their choosing (not as a representative or presenter of information, but as an advisor);
  • inform in writing both the accuser and the accused simultaneously of the notice of hearing(s), the outcomes of any institutional disciplinary proceeding that arises from an allegation, the procedures for the accused and the victim to appeal the results of the proceedings, any change to the results that occurs prior to the time that such results become final, and the date when such results become final.


Standard of Evidence: For any Pittsburg State University disciplinary proceedings (including those arising from allegations of rape, acquaintance rape, domestic violence, dating violence, sexual assault or stalking) the “preponderance of evidence” standard of proof will be utilized.  A preponderance of evidence standard evaluates whether it is more likely than not, based on the evidence available, that a violation occurred.


Conduct Sanctions
The purposes of imposing sanctions are twofold: to protect the University community from behaviors that are detrimental to the educational process of the community; and to assist students and student organizations in identifying acceptable parameters of their activities and consequences of future behaviors. The severity of the sanctions imposed is intended to correspond with the severity or frequency of violation, as well as the willingness of the accused to recommit to good citizenship through behaviors that fall within the conduct regulations of the University. The following disciplinary sanctions may be imposed upon students, or student organizations, found responsible of a violation either singly and/or in combination:

  1. Expulsion
  2. Suspension
  3. Residence Hall Eviction
  4. Disciplinary Probation
  5. Disciplinary Warning
  6. Restitution
  7. Suspension of the Privileges of a Registered Student Organization
  8. Termination of the Registration of a Registered Student Organization
  9. Specifically Defined Sanction
  10. Summary Suspension

 

Appeals
A decision reached by the Hearing Officer or Campus Judicial Officer may be appealed by the accused to the Vice President for Student Life within five (5) school days of the Hearing Committee’s decision.  Such appeal shall be in writing and shall be delivered to the Vice President for Student Life.  A student, or student organization, is entitled to only one appeal and the decision of the Vice President for Student Life shall be final.  An appeal may be sought on only two grounds:

  1. on a claim of error in the hearing procedure.
  2. on a claim of new information or information material to the case which was not available at the time of the hearing.
The appeal shall state its grounds.  The Vice President for Student Life has five (5) school days to make a written determination on the appeal.  Notification of decision regarding the appeal shall be sent to the accused, the Hearing Officer, and to the complaining party.  If the Vice President for Student Life finds that one of the two grounds for appeal existed, the matter shall be returned to the Hearing Officer for re-opening of the hearing to allow reconsideration of the original determination and/or sanctions.


Definitions

A.    Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system.

B.    Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

  • 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 consent of the victim.
  • Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  • Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.

C.     Domestic Violence: A felony or misdemeanor crime of violence committed:
  • By a current or former spouse or intimate partner of the victim;
  • By a person with whom the victim shares a child in common;
  • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  • By 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;
  • By 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.

D.    Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
  • 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.
  • For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.
  • Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

E.     Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
  • Fear for the person’s safety or the safety of others; or
  • Suffer substantial emotional distress.
For the purposes of this definition:
  • Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  • Reasonable person means a person under similar circumstances and with similar identity to the victim.
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  • Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

F.      Programs to prevent dating violence, domestic violence, sexual assault, and stalking: Comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that:
  • Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome; and
  • Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.
Programs to prevent dating violence, domestic violence, sexual assault, and stalking include both primary prevention and awareness programs directed at incoming students and new employees and ongoing prevention and awareness campaigns directed at students and employees.

G.    Awareness programs: Community-wide or audience specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

H.    Bystander intervention: Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking.

Bystander intervention includes:
  • Recognizing situations of potential harm.
  • Understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking actions to intervene.

I.       Ongoing prevention and awareness campaigns: Programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution.

J.       Primary prevention programs: Programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in a healthy and safe direction.

K.    Risk reduction: Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

L.     Prompt, fair, and impartial proceeding: A proceeding that is completed within reasonably prompt timeframes designated by an institution’s policy, including a process that allows for the extension of timeframes for good cause and with written notice to the accuser and the accused of the delay and the reason for the delay.
Conducted in a manner that:
  • Is consistent with the institution’s policies and transparent to the accuser and accused;
  • Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
  • Provides timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings; and
  • Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.

M.   Advisor: Any individual who provides the accuser or accused support, guidance, or advice.

N.   Proceeding: All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings.
Proceeding does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.

O.   Result: Any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution.
The result must include any sanctions imposed by the institution.


NOTE: The above definitions are a requirement for compliance with federal mandates. Violations of Kansas State Statutes relating to sexual assault or sexual misconduct may also be adjudicated as part of this policy.