Sexual misconduct/sexual violence is a fundamental violation of an individual. It threatens the person’s safety, well-being, educational experience, and career. The Kilgore College Sexual Misconduct Policy has been developed to ensure that a consistent procedure and coordination of College and community resources is followed in the unfortunate event of having to investigate a report sexual violence. Our policy is intended to meet the medical, legal, safety, and psychological needs of the victim and to maintain confidentiality, to the extent possible. This policy is applicable to both on- and off-campus students and College employees.
The policy also provides for measures and structures that will deal with the prevention of sexual misconduct through educational programming as well as a continuing institutional dialogue to assess services for victims.
Sexual misconduct violates the standards of conduct expected of every member of the College community and is strictly prohibited.
1.a Sexual Violence
Physical Acts (such as rape, attempted rape, sexual touching and sexual battery) perpetrated against an individual without consent or who does not have the capacity to give knowing consent due to alcohol, drugs or disability. Examples of Sexual Violence include: any sexual activity performed in the absence of consent or through coercion; forced oral, anal, or vaginal sex with any body part or object; unwanted rough or violent sexual activity; rape or attempted rape, keeping someone from protecting themselves from unwanted pregnancies or STIs; sexual contact with someone who is very drunk, drugged, unconscious or unable to give a clear and informed yes; and threatening or pressuring someone into sexual activity.
1.b. Intimate Partner Violence (Dating Violence, Domestic Violence)
A pattern of abusive behaviors used to exert power and control over a current or former partner. It can include emotional, sexual, verbal or economic actions, or physical threats of violence. Acts may include any behaviors that intimidate, isolate, manipulate, humiliate, coerce, frighten, blame or hurt someone. It can happen to anyone, regardless of race, sexual orientation, age, education, religion, etc. General patterns of behavior may include: Tension Building-relationship begins to get strained or tense between partners; Explosion-outburst that includes verbal, emotional, or physical abuse; and Honeymoon-apologies where the abuser tries to re-connect with his/her partner by shifting the blame onto someone or something else.
A pattern of unwanted conduct directed at another person that threatens or endangers the safety, physical or mental health, or life or property of that person, or creates a reasonable fear of such a threat or action. Signs that it could be stalking include: following you, with or without your knowledge; calling or texting excessively; knowing your schedule and/or showing up at places you go; threatening to hurt you, your friends, family, pets, or themselves; or damaging your property; It can even look romantic or non-threatening, like cards, flowers, emails, etc, but if this behavior is unwanted, it could be stalking.
1.d. Gender-Based Harassment
Kilgore College also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
The individual’s well-being is of primary concern if any form of sexual misconduct occurs at Kilgore College. In such a case, the college’s role is to assist the victim in making the best decisions for his or her welfare. In the event that a sexual assault occurs, we want to ensure that the victim receives the kind of support and information that will help clarify the issues and facilitate recovery.
Sexual misconduct may fall within the parameters of assault upon another person or the threat thereof while on campus as well as violations of any federal, state or local criminal law. While most victims of sexual assault are typically women, men may also be victimized. Regardless of gender, all victims have access to the appropriate campus services.
Kilgore College will act swiftly to protect the rights of all its members. Students who are the victim of sexual misconduct have a variety of campus and area resources that are available to them. The College supports the victim’s right to choose which avenues of assistance are most appropriate. These resources include: the Title IX Coordinator; Kilgore College Police, to whom all crimes (including sexual assaults) should be reported; the Residential Life Office, Counseling Services, the Vice President of Student Development, the local police agency with jurisdiction, The Women’s Center of East Texas, and the emergency department of the local hospital. Victims of sexual misconduct have the following rights:
Requests for accommodations may be made to the Vice President of Student Development’s Office. In addition, if accommodations are necessary due to an injury or disability, you may contact:
Kilgore College takes the well-being of our students very seriously. All incidents of sexual misconduct should be reported to the Title IX Coordinator, however in cases of an emergency, we recommend that sexual assaults be reported immediately by calling the emergency telephone number 9-1-1 or 903-983-8650 or by visiting the Kilgore College Police Department Office in the Devall Student Center on the Kilgore Campus or in the Hendrix Building on the KC-Longview Campus.
Here is what to expect:
Unless there are compelling circumstances, the College will typically not file an independent police report without the consent of the victim. Victims are encouraged to cooperate with law enforcement in such cases. Depending on your preference, it may be possible for you to make a statement to the Title IX Coordinator and the KC police at the same time. However, reporting an incident is a separate step from choosing to prosecute. When you file a report you are not obligated to continue with legal proceedings or college disciplinary action. As a victim, you control whether or not the case is adjudicated through the college system, the criminal justice system or both.
Reporting an Incident:
Due to the violent and extremely serious nature of sexual misconduct/sexual violence, the College strongly encourages individuals who have been sexually assaulted to contact the police. Reporting the assault to the police soon after the incident occurs may greatly increase the possibility of successful prosecution, should the victim decide to pursue criminal charges. It is extremely important to preserve all evidence of a sexual assault if criminal prosecution is to be considered.
A Sexual Assault Forensic Examination (SAFE) conducted at a local hospital emergency room will preserve evidence and may be done up to 84 hours after an assault. A SAFE may be done regardless of whether or not the student receiving the examination wants to pursue criminal charges. The student does not need to provide his/her name to police to have the exam and for the evidence to be preserved; furthermore, preserving evidence, including from a SAFE, does not obligate the student to pursue criminal charges or appear in court.
Steps to preserve evidence include:
Describing an assault is difficult but it is not something a victim must go through alone. Sexual assault victims may choose to have a support person with them during investigative interviews.
This does not mean you are obligated to proceed with criminal charges. You may request that your identity be kept confidential until/unless you make a commitment to proceed with criminal or college prosecution.
Victims of sexual assault will be offered the opportunity to make a formal complaint through the College’s judicial system against the offender under the College’s Code of Conduct, if the offender is a member of the Kilgore College community. The College may pursue code of conduct charges regardless of whether any criminal charges are filed. However, the College’s judicial process is not intended to serve as a substitute for the criminal justice system. The College will initiate internal judicial proceedings in incidents of sexual misconduct when a student requests it and/or when subsequent investigation produces substantial evidence of a violation of College policy. Students will receive a copy of the Student Planner, which includes the College’s sexual misconduct and harassment policies, as well as complete information on the College’s judicial process.
If an individual who reports a sexual assault is harassed by anyone in connection with the incident, the harassment should be reported immediately to the Title IX Coordinator. Reporting such harassment will enable the College to investigate the allegations. Individuals have the option to have a victim’s advocate and/or any other advisor with them at all times throughout such procedures. Both the accuser and the accused shall be informed simultaneously of the outcome of any institutional disciplinary proceeding alleging a sexual offense. This includes the College’s final determination as well as any sanctions against the accused.
If a police investigation indicates that criminal charges are warranted, the alleged assailant(s) will be charged with the appropriate offense(s) at a preliminary arraignment. Victims do not need to be present at this stage. The defendant(s) may be jailed or released on bail depending upon the circumstances of the crime. Suspects are typically ordered by the Court to have no contact with the victim as a condition of bail. A victim who is contacted by an alleged assailant or who feels threatened in any way should immediately call the police. In such cases, bail can be revoked and additional charges filed, if necessary.
Responding to assaults:
If you have been sexually assaulted or harassed by a member of the college community, such complaints should be filed with the Title IX Coordinator. In addition, the Vice President of Student Development, the Executive Dean of KC-Longview or the Chief of Police are available to assist you with this process.
Maintaining personal security:
At the victim’s request, the Vice President of Student Development may be able to make special provisions for an alternate class schedule during the period of investigation. Other special support can also be provided upon request.
College disciplinary action:
In addition to potential criminal court proceedings, perpetrators of sexual misconduct face significant potential sanctions under the College’s judicial affairs system. If you have been assaulted and are considering whether or not to pursue campus disciplinary action, you are encouraged to discuss the matter with the Title IX Coordinator (See Contact Information). This will enable you to review procedures should you decide to file formal charges through the College’s disciplinary system. This discussion does not obligate you to pursue official action. If you decide to pursue the disciplinary process, charges may be filed directly by you or by the college on the basis of your written statement. Such charges would be handled in accordance with the procedures relating to violations of the College’s Student Code of Conduct. For more information on these proceedings, consult the student handbook.
To recap, a student who is the victim of a rape or sexual assault has several options with regard to how the case is handled. The student may choose to:
If you are raped or sexually assaulted:
Non-emergency medical procedures:
Even if you do not have evidence collected at a hospital emergency room, it is still important to get medical attention. An examination in this case will include treatment of any physical problems and various lab tests for sexually transmitted diseases and pregnancy. Such non-emergency treatment can be arranged through your family doctor or other healthcare provider.
Counseling is available to Kilgore College students at both campuses. Counseling may be accessed by appointment in Kilgore by calling (903) 983-8206. For counselors in Longview, call (903) 236-2033. Student Services hours of operation may be found at https://www.kilgore.edu/future-students/student-services/counseling-and-academic-advising. Counselors are available to confidentially discuss crisis or non-emergency matters related to rape, sexual assault, victimization or abuse. They can help you obtain medical assistance, psychological counseling, understand victim’s rights and learn coping methods to assist you following the assault. Discussing your concerns with a counselor will help you sort through feelings and make decisions. Counselors will not reveal your identity to anyone without your permission.
Off-campus: Women’s Center of East Texas is a local crisis center with a 24-hour emergency hotline – (800) 441-5555. Trained volunteer counselors can provide information and confidential options to victims of sexual assault. The Women’s Center also offers support groups for survivors of rape, incest and other forms of sexual abuse. All services are free. http://www.wc-et.org
A Word About Date Rape Drugs:
Some predators may employ date rape drugs such as Rohypnol and GHB to incapacitate their victims. Such drugs can be easily mixed into drinks. When mixed with alcohol they can be harmful or even fatal. Suggestions for avoiding date rape drugs include:
See the Kilgore College Non-Discrimination and Grievance Policy for detailed grievance procedures.