Sexual Misconduct

Table of Contents

Sexual Misconduct/Sexual Violence

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.

Sexual Misconduct Defined
Members of the Kilgore College community, guests and visitors have the right to be free from sexual violence. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The College believes in a zero tolerance policy for gender-based misconduct. Sexual misconduct offenses include, but are not limited to:
  1. Sexual Harassment (including sexual violence, intimate partner violence, stalking and gender-based harassment)
  2. Non-Consensual Sexual Contact (or attempts to commit same)
  3. Non-Consensual Sexual Intercourse (or attempts to commit same)
  4. Sexual Exploitation
1. Sexual Harassment
Sexual Harassment is unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent or pervasive that it, has the effect of unreasonably interfering with, denying or limiting someone’s ability to participate in or benefit from the college’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

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.

1.c. Stalking

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.

2. Non-Consensual Sexual Contact
Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, which is without consent and/or by force. Sexual Contact includes: intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
3. Non-Consensual Sexual Intercourse
Non-Consensual Sexual Intercourse is any sexual intercourse however slight, with any object, by a man or woman upon a man or a woman, which is without consent and/or by force. Intercourse includes: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
4. Sexual Exploitation
Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy; prostituting another student; non-consensual video or audio-taping of sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); engaging in voyeurism; knowingly transmitting an STI or HIV to another student; exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; sexually-based stalking and/or bullying may also be forms of sexual exploitation.
If you are a Victim of Sexual Assault

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.

  • Off-Campus Emergency: Dial 9-1-1
  • On-Campus Emergency: Dial 9-1-1 or call 903-983-8650
Campus Sexual Misconduct Victims’ Rights

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:

  • To be treated with dignity.
  • To be treated in a confidential manner consistent with applicable legal requirements. As a public institution, KC cannot promise complete confidentiality. Each situation is resolved as discreetly as possible, maintaining confidentiality to the extent allowed under state and federal laws.
  • To contact local police and/or the district attorney to report the crime. Kilgore College will assist the student in notifying proper law enforcement officials, if requested.
  • To be informed of mental health counseling services on campus or in the community.
  • To be free from pressure to not report the crime or to report it as a lesser offense.
  • To be transported to the nearest medical facility approved for the collection of sexual assault evidence.
  • To be informed of any federal or state rights to test sexual assault suspects for communicable diseases.
  • To choose whether or not to have the case adjudicated through the College system, the criminal justice system, or both concurrently.
  • To have the same opportunities for representation as the accused, and to have others present in campus proceedings.
  • To be informed about the outcome of any investigation by the Title IX Coordinator, including any disciplinary action against the accused.
  • To be afforded accommodations and other assistance if requested and reasonably available. The College may assist in:
  • Exploring options to address academic concerns, such as transferring class sections, taking an incomplete in a class or filing a grade appeal
  • Exploring options to address residential concerns
  • Dealing with financial concerns, including providing financial aid guidance

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:

  • For students: Contact the Office of Disability Services at (903) 983-8682, or by emailing hadavis@kilgore.edu.
  • For faculty and staff: Contact the Office of Human Resources at (903) 983-8102, or by e-mailing ksharman@kilgore.edu.
  • To be given a copy of the College’s Sexual Misconduct Policy. Individuals have the right to have any questions about college policy and the college judicial process answered.
Reporting Sexual Misconduct

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:

  • The Title IX Coordinator or his designee will meet with you in a private setting. You may bring a support person with you to meetings.
  • A statement will be taken from you regarding what occurred. A full description of the incident in writing is very helpful. The more details you can provide, the better. Remember, the person or persons named in the complaint have a right to see the report.
  • You will be asked to identify your assailant(s) or describe them if they are not known.
  • Questions may be asked about the scene of the misconduct, potential witnesses, as well as what happened before and after the incident.
  • These inquiries are a standard part of the investigation. If you wish, you may have a support person with you during the interview.
  • Once the complaint is filed, the Title IX Coordinator is responsible for notifying the accused student or student group of the charge, conducting a timely investigation (within 45 days), and determining if there is a violation of policy.

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.

Title IX Report
Criminal Investigation

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:

  • Do not shower or douche
  • Try not to urinate. Urinating may reduce the ability to detect “date rape” drugs
  • If there was oral contact, do not smoke, eat, or brush teeth
  • Do not change clothes. If you have already changed your clothes, place them in a paper bag (plastic may destroy evidence) If you haven’t changed, keep the original clothes on and bring an extra set to wear home from the hospital
  • Go to a hospital with the capability of providing a SAFE exam and request the exam. The cost of a SAFE examination is paid for from a state fund

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.

  • An assistant district attorney from the Gregg County Districts Attorney’s office will represent the victim at no cost throughout the criminal proceedings. You may choose to have a representative accompany you to all criminal proceedings. You may speak with your personal or family attorney for legal advice. 
  • The Kilgore College Police Department will supply the District Attorney’s office with a written copy of its report. If you are considering filing a criminal complaint, a police officer will be a part of the interview process.

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.

Charges

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:

  • Press charges through the local police;
  • Press charges through the college disciplinary system;
  • Press charges through both systems concurrently;
  • Press no charges but alert the college to the incident.
Sexual Violence Education and Support

If you are raped or sexually assaulted:

  • Get to a safe place.
  • Try to preserve all physical evidence. Do not wash, take a shower, use the toilet or change clothing. If you do change clothes, put all the clothing you were wearing at the time of the attack in a paper rather than a plastic bag.
  • Contact someone you trust. If you prefer, you may ask a trusted friend or family member to join and support you through the decision-making, medical treatment, and interviews which will follow.
  • Get medical attention. A special examination should be conducted as soon as possible following an assault to determine your physical condition and to collect evidence that may be used in future proceedings. An emergency room physician or gynecologist will perform the examination. Even if you have not been physically injured beyond the assault itself, this examination is recommended to maintain your legal options as physical evidence should be collected within the first 24 hours following an assault. While evidence may be collected later, delay brings the risk that the usefulness of evidence may be diminished. You may request a support person of your choice to be present throughout the procedure. Ordinarily, hospital personnel will contact the local police department when providing treatment for injuries resulting from a sexual assault or other violent crime. However, it is the victim’s choice whether or not to proceed with criminal charges.
  • Contact Police by dialing 9-1-1 or call Kilgore College Police at 903-983-8650.
  • Talk with a counselor. A counselor can explain your options, give you information, and provide emotional support. Counselors are available on campuses and off campus from the Women’s Center of East Texas. Counselors will maintain your privacy and confidentiality.
  • If You Need Transportation. The KCPD will transport sexual assault victims to the hospital if necessary; however the preferred method of transportation is always via ambulance. To request transportation call KCPD at (903) 983-8650.

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 Resources:

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:

  1. never accept a beverage from a stranger and never leave your drink unattended;
  2. if you begin to feel ill or uneasy while on a date or in a social situation, follow your instincts and leave;
  3. let friends know where you will be and keep them updated;
  4. stay sober and aware.
Grievance Procedures

See the Kilgore College Non-Discrimination and Grievance Policy for detailed grievance procedures.

Important Contact Information