Annual Security Report 2026

Each college of the Kentucky Community and Technical College System 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 non-campus buildings or property is recorded for inclusion in the annual crime statistics. This report provides crime statistics for the three most recent completed calendar years, 2023, 2024, and 2025. The statistics are requested annually from local law enforcement agencies and submitted to the Security Coordinator for collection and analysis. For statistical purposes, a reportable crime is included in the statistics for the calendar year in which the crime was reported to a Campus Security Authority or local law-enforcement agency.

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. SCC Somerset Community College does not currently recognize any student organization that owns or controls a noncamper housing facility or other non-campus property. Accordingly, SCC does not have a policy for monitoring criminal activity at such locations through local law-enforcement agencies. Reports involving student organizations are nevertheless evaluated under applicable Clery Act geography and reporting requirements.

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.

Somerset Community College distributes a notice of the availability of this Annual Security Report to all currently enrolled students and current employees by October 1 each year, via email. The notice briefly describes the report, provides the exact electronic address at which it may be accessed, and explains how to request a paper copy at no charge. The report is available online for prospective students and prospective employees.

For more information regarding campus safety or the contents of this report, contact Paul Smith – Security Coordinator at (606) 451-6938 or Christopher Olson – Security Coordinator at (606) 305-5878.

Campus Security Authorities, or CSAs, include Campus Security personnel; individuals with responsibility for campus security; individuals or organizations identified in College policy as locations to which students and employees should report crimes; and College officials who have significant responsibility for student and campus activities. At SCC, CSAs may include deans, directors, student-services personnel, athletic coaches, and faculty or staff advisors to student organizations.

A CSA who receives a good-faith report of a possible Clery Act crime must promptly report the available information to Campus Security. The report will be reviewed for inclusion in the annual crime statistics, timely-warning consideration, Clery geographic applicability, and emergency-notification consideration when applicable. CSAs should not investigate the report or determine whether a crime occurred before forwarding the information.

SCC does not have a campus police department. No campus personnel have arresting powers. 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 Memorandums of Understanding (MOU) with local or state law enforcement agencies. SCC 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.

Off-Campus Student Organizations

Somerset Community College does not currently recognize any student organization that owns or controls a noncampus housing facility or other non-campus properties. Accordingly, SCC does not have a policy for monitoring criminal activity at such locations through local law-enforcement agencies. Reports involving student organizations are nevertheless evaluated under applicable Clery Act geography and reporting requirements.

Student Housing

SCC does not operate student-housing facilities.

Procedures for Campus Crime Reporting

Students, staff, faculty, and guests are strongly encouraged to promptly report all criminal actions or other emergencies occurring on campus to a Campus Security Authority or local law-enforcement agencies, if necessary.

Crimes should be promptly reported to Campus Security, a Campus Security Authority, or local law enforcement so that the College can evaluate the report for emergency response, timely-warning or emergency-notification consideration, inclusion in the annual crime statistics, and other appropriate safety actions. Prompt reporting may help protect the community, support affected persons, preserve information, and increase the likelihood of an effective institutional or law-enforcement response.

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 is available. As an example, sex offenses may be reported to the college Title IX Coordinator.

To Report Crimes Please Contact:

Paul Smith, Security Coordinator
Laurel North Campus, Building 2 Suite 221
(606) 451-6938
SCCsecurity@kctcs.edu

Christopher Olson, Security Coordinator
Somerset North Campus, Blakley Building, Suite 101
(606) 305-5878
SCCsecurity@kctcs.edu

John Roberts, Director of Operations 
Somerset North Campus, Blakley Building, Suite 101
(606) 451-6671
johnp.roberts@kctcs.edu

Tracy Casada, Chief Student Affairs Officer, Title IX Coordinator
Somerset North Campus, Rodgers Building, Suite 132
(606) 451-6631
tracy.casada@kctcs.edu

An incident report form can also be completed anonymously on the SCC security web site.

After normal business hours, students, employees, and visitors may call 911 or the appropriate local law-enforcement agency, contact the location-specific security number listed below, submit the online incident-report form, or email SCCsecurity@kctcs.edu.

Voluntary Confidential Reporting

SCC/KCTCS does not have a Voluntary Confidential Reporting policy. Individuals may report crimes anonymously through the online reporting form or EthicsPoint. Anonymous reports will be reviewed for inclusion in Clery Act statistics, timely warnings, and other campus safety considerations when sufficient information is available. The ability to investigate anonymous reports may be limited by the information provided.

SCC will issue a Crime Bulletin, also known as a Timely Warning, when a Clery Act crime is reported to a Campus Security Authority or local law-enforcement agency, is reported to have occurred within SCC’s Clery geography, and is considered by the College to represent a serious or continuing threat to students and employees. Timely warnings will be issued in a manner that is timely and will aid in the prevention of similar crimes. The purpose of a Crime Bulletin is to provide the campus community with information that may assist individuals in protecting themselves, increasing awareness, and preventing similar incidents.

Examples of crimes that may result in a crime bulletin include but are not limited to:

• Criminal Offenses – Criminal homicide including Murder and non-negligent manslaughter, and manslaughter by negligence; sexual assault, including rape, fondling, incest, and statutory rape; robbery, aggravated assault, burglary, motor vehicle theft, and arson.
• Hate Crimes – Any of the above-mentioned offenses, and any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/ vandalism of property that were motivated by bias.
• Violence against Women Act Offenses - Domestic violence, dating violence, and stalking.

Crime Bulletins are intended to provide timely information that may assist members of the campus community in protecting themselves and preventing similar crimes.

SCC will withhold the names and other personally identifying information of victims from Crime Bulletins, consistent with Clery Act requirements and applicable law.

The decision to issue a Crime Bulletin will be made on a case-by-case basis after considering the nature of the crime, the continuing danger to the campus community, and the possible risk of similar incidents. The College Security Department may consult with the KCTCS System Office Director of Safety and Emergency Services and the KCTCS Office of Legal Services when evaluating the appropriateness, content, and timing of a Crime Bulletin. The College Chancellor, or their designee, will make a determination on whether a crime bulletin is issued.

Distribution of Crime Bulletins

If SCC determines that a Crime Bulletin is needed, SCC Security will work with the KCTCS System Office and SCC Marketing to design and distribute the bulletin.

Crime Bulletins may be distributed using a variety of communication methods, including mass email, the College website, campus notification systems, and printed notices. Depending on the nature and severity of the incident, a Crime Bulletin banner may be placed on the College's website, and printed notices may be posted in areas such as libraries, bookstores, student centers, and other locations deemed appropriate to effectively notify the campus community.

A Crime Bulletin will include the information available at the time that is necessary to help members of the campus community protect themselves and prevent similar crimes. Depending on the circumstances, the bulletin may include the nature of the incident, the date, time, and location, a summary of known facts, available suspect information, recommended protective actions, and reporting instructions. The College will withhold victim names and other personally identifying information.

SCC is an open campus. Normal operating hours are 8:00 a.m. – 4:30 p.m. Monday–Friday. Saturday hours vary by semester course offerings and events. All campuses and centers that have evening classes have security guards.

Laurel Security 
(606) 305-9398

McCreary Security 
(606) 875-5856

Russell Security 
(606) 875-5866

Somerset Security 
(606) 305-9390

Casey Security
(606) 875-5850

Clinton Security
(606) 305-9388

Valley Oak Security
(606) 875-5896

SCC campuses and centers are monitored by video surveillance cameras.

All special events scheduled by on or off campus entities must have prior authorization. Contact the Facilities Management Specialist for information on special event policies and procedures. Events may require additional approval, staffing and coordination with campus personnel to meet security, parking, and traffic needs.

KCTCS 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 and Operations (M&O) Dept. maintains the buildings and grounds. Campus facilities are inspected on a regular basis and repairs impacting safety and security are made promptly. Campus M&O 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.

M&O personnel regularly patrol the campus and report malfunctioning lights and other unsafe physical conditions to M&O Supervisor for correction. We encourage community members to promptly report any security concern, including concerns about locking mechanisms, lighting, or landscaping to the campus maintenance manager.

• Somerset North, Russell, Casey- Maintenance Manager – (606)305-9381
• Somerset South, McCreary, Clinton – Maintenance Manager – (606) 305-9383
• Laurel, Valley Oak – Maintenance Manager – (606) 305-5357

Information Sharing

SCC 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.

Information on crime prevention and personal safety best practices can be found on the SCC website, in the security section.

Programs and Prevention

SCC provides safety and contact information as well as assistance if special conditions require it. Contact the Security Coordinator, (606) 305-5878 to discuss any special needs that may arise. Some of the programs SCC offers are Run-Hide-Fight training and Stop-the-Bleed classes. These are offered upon request and periodically throughout the academic year.

SCC and KCTCS utilize Vector solutions to provide training content to new and current employees. This training covers a variety of topics, Title IX and Clery act, FERPA, Cyber Security, Hazing and others. Employees are assigned required Vector Solution courses to complete on an annual basis. This mandatory training also covers reviews of KCTCS policies.

Student Training

Students have access to various online training programs that are similar to staff, however there is not required safety or crime prevention training for students.

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.

Illegal Drug Policy

By KCTCS policy, by federal law, by state law, and, in some instances, by local ordinance; students, faculty, and staff are prohibited from the unlawful possession, use, dispensation, distribution, or manufacture of illicit drugs on KCTCS property, on KCTCS business and/or at KCTCS sponsored activities.

Alcohol Policy

Under KCTCS policy, students, faculty, and staff are required to abide by state laws concerning alcoholic beverages. Basically, Kentucky laws state that, if one is under the age of 21, it is unlawful to:

1. possess or consume alcoholic beverages,
2. misrepresent one's age for the purpose of purchasing alcoholic beverages, or
3. use a fake ID in an attempt to purchase alcoholic beverages.

No matter what one's age, Kentucky law states that it is unlawful to:

1. procure any alcoholic beverages for anyone under 21 years of age, or
2. drink or be drunk in a public place.

KCTCS campuses and buildings are considered as public places for purposes of these laws, except for a facility licensed to serve alcoholic beverages, and except for a facility used as a private residence, unless KCTCS policies state otherwise.

In addition, it is a violation of state law to operate a motor vehicle while under the influence of any substance (drugs or alcoholic beverages) which may impair one's driving ability.

Enforcement

Any member of the KCTCS student body, faculty, or staff who violates these defined standards of conduct shall be subject to appropriate disciplinary action up to and including suspension and/or termination. The specifically defined standards of conduct, the disciplinary procedures, and the appropriate sanctions are detailed in the codes of student conduct and in the Kentucky Community and Technical College System policies and procedures.

Suspected violations of this policy may be referred to appropriate law enforcement.

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 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.

Notice of Drug-Related Conviction

In compliance with the Federal Drug-Free Workplace Act of 1988, any employee shall notify the immediate supervisor if the employee is convicted of a criminal drug offense occurring in the workplace or while on KCTCS business within five (5) days of the conviction. KCTCS shall take appropriate sanctions and remedies in accordance within its policies. The provisions of this section are applicable to students who are employees of the KCTCS. If the employee is under a federal contract or grant, the KCTCS shall notify the contracting or granting agency of the conviction and of its actions. This section of this policy is also applicable to students who receive a Pell grant (federal grant).

Health Risk

The scope and impact of health risks from alcohol and drug abuse are both alarming and well-documented, ranging from mood-altering to life-threatening, with consequences that extend beyond the individual to family, organizations, and society at large. KCTCS, therefore, conducts regular programs to educate its students, faculty, and staff that consumption and use of drugs may alter behavior, distort perception, impair thinking, impede judgment, and lead to physical or psychological dependence.

Alcohol and/or drug abuse may lead to the deterioration of physical health by causing or contributing to various health conditions including but not limited to fatigue, nausea, personal injury, insomnia, pathological organ damage, some forms of cancer, pancreatitis, heart attack, respiratory depression, birth defects, convulsions, coma, and even death. Alcohol and drug abuse may also result in deterioration of mental health by causing or contributing to various conditions such as increased aggression, hallucinations, depression, disorientation, and psychosis.

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident.

Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse.

Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information.

Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

Training and Counseling Resources

Continuous efforts are made to make students, faculty, and staff aware of the on-campus and off campus programs which provide information and professional services on matters related to the abuse of alcohol and drugs.

Other counseling, treatment, and rehabilitation services are available in the communities throughout the state in which KCTCS employees are located.

Many other services are available and may be located by looking in the local phone directory yellow pages under "Social Services" or "Alcoholism" or in the "Community Service Guide" section at the front of the telephone directory.

Drug and Alcohol Abuse Programs

Students are encouraged to contact the Vice President of Student Affairs for information and appropriate referrals.

Other counseling, treatment and rehabilitation services are available in the Somerset Area.

Students, faculty, staff, and visitors to campus are encouraged to annually review and be familiar with the KCTCS Sexual Misconduct Policy.

Review of this policy is required for faculty, staff, and student employees yearly for continued employment.

The Kentucky Community and Technical College System is committed to creating and maintaining a community where all persons who participate in college programs and activities can work and learn together in an atmosphere free of sexual misconduct. Therefore, KCTCS will not tolerate sexual misconduct, dating violence, domestic violence, sexual assault, and stalking as defined in this its policies and procedures. Such acts are prohibited by KCTCS policy and procedure, as well as state and federal law. Persons whom KCTCS determines more likely than not have violated this procedure are subject to penalties up to and including expulsion or separation from KCTCS, regardless of whether they are also facing related criminal or civil charges before a government agency or court of law.

This Procedure applies to all KCTCS employees, students, stakeholders, campuses and operating locations without regard to any Protected Class outlined in 3.3.1. Anti-Harassment/Discrimination Policy.

Domestic Violence Action Plan

KCTCS officials have no duty to seek out or independently investigate incidents of domestic violence, but when a KCTCS employee, student, or other stakeholder informs a supervisor or other responsible official of physical and/or psychological abuse, KCTCS shall take reasonable actions appropriate to the report, considering the needs and wishes of the abused person.

Abuse may include sexual misconduct, or threats thereof, and may be perpetrated by an intimate partner, spouse, or other domestic relative. When an employee or other affiliated person reports abuse, KCTCS should consider offering a Domestic Violence Action Plan (DVAP) or other assistance under this Procedure or other policies.

1. When a KCTCS student reports abuse, the KCTCS official receiving the report must immediately refer the matter to the Chief Student Affairs Officer, and if the student issue involves an employee, the Human Resources Director. Student domestic violence issues shall be managed in accordance with policies and procedures specifically applicable to students, including but not limited to the Student Code of Conduct.
2. A DVAP is a protective and supportive plan created in collaboration with the employee or other affected person. It is intended to help victims of domestic violence maintain a safe, productive, and effective work/school environment.
3. A formal DVAP is not required. KCTCS may assist and support victims of domestic violence without a DVAP.
4. DVAPs or other support and assistance do not excuse employees from performing assigned jobs and meeting employment standards.
5. DVAPs, if used, may include:
   
   1. Flexible schedules;
   2. Use of sick leave to manage domestic violence issues in accordance with reasonable rules and procedures;
   3.  Additional paid time off for employees, not to exceed five (5) days; this additional PTO is intended to deal with domestic violence issues and may be used when all other applicable PTO has been exhausted; the Human Resources department and supervisor may extend paid time off beyond 5 days only when the KCTCS President or College Chancellor determines a legitimate need and approves the time requested;
   4. Accommodation of unexpected absences;
   5. Referral to services that assist victims of domestic violence;
   6. Approved leave to confer with the EAP;
   7. Private and appropriate workplans that assist completion of assignments;
   8. Coordination with Security to safeguard the victim and campus; and
   9. Other assistance or support that help the employee and KCTCS maintain a relationship that meets the needs of the individual and the institution.
6. KCTCS assistance does not require proof of a violation of law. The DVAP is intended to help employees who are victims of domestic violence continue successful job activities and does not depend on proof of abuse. An employee’s unwillingness to report domestic violence incidents or pursue charges should not determine whether a DVAP is appropriate. However, victims of domestic violence should understand that their unwillingness to formally pursue a matter may limit some forms of assistance available to them.
7. Responsible Parties for DVAPs. Employees, employees’ supervisors, HR Directors, Title IX Officers, academic officials, the KCTCS System Director of Employee Relations, and any other appropriate persons will work together, to develop a DVAP individual to the abused employee.
   
   KCTCS will attempt to honor requests by potential victims that specific people participate or not participate in the process but must consider the appropriateness of personnel necessary to meet campus needs for safety and productivity.

Confidentiality

KCTCS will maintain a victim’s privacy to the greatest extent possible, but the law may require KCTCS to provide information or documents about domestic violence and its victims or perpetrators to requesters. When required to provide documents or information, KCTCS will advise persons accordingly.

Interim Safety Measures

1. When aware of domestic violence issues affecting a KCTCS employee, student, or campus, KCTCS may implement reasonable interim safety measures to facilitate safety. Such measures may include:
   
   1. Separating the alleged perpetrator and victim in the campus environment while legal or administrative processes occur;
   2. Reasonable limitations to preserve safety, security, and peace of mind while on KCTCS owned or controlled property or at KCTCS events; or
   3. Other reasonable measures determined by appropriate officials.
2. Interim safety measures are not discipline.
   
   1. Interim safety measures shall not adversely affect a student or employee’s pay, status, other benefits, or academic status.
   2. Interim safety measures shall not become part of an employee’s permanent personnel record or student’s academic record or used as a basis for adverse action against them.

Disciplinary Action

1. Acts of violence, including domestic violence, sexual misconduct, or threats thereof, on KCTCS owned or controlled property, at a KCTCS-related event, or in connection with an employee’s KCTCS duties may be grounds for disciplinary action up to and including termination of employment. Such acts outside of a KCTCS campus or unrelated to KCTCS employment, study, or training may be a basis for disciplinary action if the conduct or its consequences substantially and adversely affect the KCTCS environment.
2. No KCTCS employee shall take disciplinary action against a KCTCS employee for domestic violence violations without advanced consultation with the College Human Resource Director and KCTCS Office of Legal Services or against a student without consultation with the College Chief Student Affairs Officer and the Title IX Coordinator and/or the System Office Student Services department and the KCTCS Office of Legal Services.
   
   1. Consultation with the KCTCS Office of Legal Services is required prior to taking disciplinary action against a KCTCS employee or student, in part, to ensure compliance with Title IX and Administrative Procedure 3.3.1A-P Title IX Sexual Harassment and Misconduct Procedure.
   2. Certain limited cases involving “sexual assault” as defined by the Clery Act or “dating violence”, “domestic violence”, or “stalking” as defined by the Violence Against Women Act may fall under Title IX and be governed by the processes set forth in Administrative Procedure 3.3.1A-P. Employees and students should consult that Procedure for additional details.
3. KCTCS may take reasonable action even if criminal or civil proceedings remain pending.
4. Employees. Consistent with law, policy, and procedure, KCTCS may take disciplinary action against KCTCS employees who perpetrate domestic violence, violate the terms of emergency protective orders (EPOs) or domestic violence orders (DVOs), act inconsistently with interim safety measures, or commit acts of retaliation, whether on or off KCTCS property and whether or not in direct connection with a KCTCS event or duties if the conduct bears any nexus to the reputation of or business effectiveness of KCTCS.
   
   1. KCTCS may consider a criminal conviction of or civil liability judgment against a KCTCS employee on a domestic violence charge as grounds for adverse employment action if the KCTCS President or College Chancellor determines the underlying conduct was substantial and is incompatible with the institution’s best interests.
   2. Because criminal proceedings employ the higher “beyond a reasonable doubt” standard of evidence, an acquittal on a criminal charge shall not preclude disciplinary actions that use a lesser standard of proof.
5. Students. KCTCS students who perpetrate domestic violence, violate the terms of emergency protective orders (EPOs) or domestic violence orders (DVOs), act inconsistently with interim safety measures, or commit acts of retaliation on campus or at or in connection with KCTCS events shall be disciplined pursuant to the Student Code and other policies applicable to Students.
   
   1. Policies and procedures specifically applicable to students shall govern disciplinary and other actions pertaining to students, except that when students are also employees, the student’s employment may be disciplined under this policy.

Disclosure of Protective Orders

1. KCTCS encourages employees who have obtained EPOs or DVOs against a perpetrator to report those orders to the HR Director who shall immediately notify the College Chancellor and local security personnel. Students with EPOs or DVOs should notify the college Title IX Coordinator, who shall immediately notify the College Chancellor and local security personnel. The employee/student may work through any of the personnel previously named in this procedure in connection with the DVAP or may make the report him- or herself.
2. KCTCS will reasonably assist in accommodating the EPO/DVP.

Education and Training

1. To increase domestic violence awareness and inform KCTCS stakeholders about available resources, KCTCS shall provide copies of the Domestic Violence Policy/Procedure and other domestic violence information, including current employee benefits such as the Employee Assistance Program and available external resources, to all employees and to all new employees during employee orientation. Chief Student Affairs Officers supported by the System Office Student Services Department will offer reasonable periodic training on domestic violence to students.
2. KCTCS shall post information about domestic violence resources in places where employees and students may view or obtain it without the need to request it or the probability of being seen accessing it. Such areas may include the intranet or lounge areas.
3. KCTCS shall ensure that human resources personnel and Title IX officials are trained to provide compassionate and private information about domestic violence resources.

Retaliation Prohibited

1. No KCTCS employee or student may retaliate against a victim of domestic violence, or anyone who reports domestic violence or cooperates in any investigation or prosecution thereof because that person is a victim of, reported, or cooperated in an investigation of domestic violence allegations. Employees or students victimized by domestic violence, or who report domestic violence, or who cooperate in an investigation or prosecution of domestic violence may only be disciplined for acts/omissions that violate applicable law or KCTCS policy, provided related disciplinary decisions are not retaliatory.
2. Retaliation may include, but is not limited to:
   
   1. Adverse employment actions (demotion, involuntary change in work hours/conditions, etc.);
   2. Adverse academic action;
   3. Objectively offensive behavior, whether on or off the job/KCTCS premises;
   4. Adverse action against a third-party such as a victim/witness’s close associate or relative employed at or attending a KCTCS institution;
   5. Use of social media to harass or retaliate against individuals involved in a sexual misconduct complaint.
3. Any person who believes he/she has been retaliated against may report it using the same procedures as allegations of harassment and/or discrimination or sexual misconduct.

Importance of Preserving Evidence

It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/ area where they were assaulted if the offense occurred within the past 72 hours so that evidence may be preserved. This evidence may also assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to college hearing boards/investigators or police.

How and to Whom

KCTCS strongly encourages all individuals to report incidents of prohibited conduct to include harassment, sexual assault, domestic violence, dating violence, and stalking to their college’s Title IX Coordinator and their local law enforcement. Reports to the Title IX coordinator can be made by phone, mail, email, in person, or 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.

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 located at: https://secure.ethicspoint.com/domain/media/en/gui/28458/index.html 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.

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.

Confidentiality in Reporting

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 https://www.kasap.org/
• Kentucky Coalition Against Domestic Violence https://kcadv.org/
• Resources by state on violence against women https://womenshealth.gov
• RAINN https://centers.rainn.org/

KCTCS employees may access confidential assistance through the Employee Assistance Program by calling 888-293-6948 or visiting the website at https://www.workhealthlife.com. College Human Resources Directors maintain login information for the website. College Title IX Coordinators maintain a list of local resources for each college community.

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.

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.

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.

Timely Warning

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.

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.

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.

Options About the Involvement of Law Enforcement

All individuals who make a report of sexual misconduct to their college’s Title IX Coordinator hold the right to decide whether to file a report with local law enforcement. They may choose to notify local police independently, request assistance from the college to file a police report, or decline to notify such authorities.

While KCTCS ultimately respects the rights of the complainant’s decision to involve local police authorities there may be some circumstances that pose an ongoing threat to the health and safety of the campus community that may warrant a police investigation. In these rare cases, a complainant still maintains the right to decide whether or not to cooperate with those authorities.

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 https://prd.webapps.chfs.ky.gov/reportabuse/home.aspx

Supportive Measures

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. 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.

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.

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.

Sanctions

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.

• 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. 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.
• 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.
• 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.
• Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein in accordance with Appendix B.
• 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.

Matters handled under this Procedure shall be resolved based on principles of thoroughness, fundamental fairness, and promptness.

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.

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).

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 of Immediate Actions

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.

By Employees. Employees who are suspended under this Procedure may appeal the sanction in accordance with the Complaint Resolution Procedure, directing the Step 1 appeal to the institution's Title IX Coordinator.

1. The institution’s Title IX Coordinator shall also determine whether immediate supportive measures are appropriate for any person involved and reasonably provide same.
2. 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.

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.

Dismissal of Complaints

The System Title IX Committee must dismiss complaints 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.

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.

Upon dismissal, KCTCS will promptly send written notice of the dismissal and the reasons for dismissal simultaneously to the parties.

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.

Supportive Measures

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.

The Title IX Coordinator shall explain to the Complainant the process for filing a Formal Complaint.

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.

Who May File a Formal Complaint. The following people may file a formal complaint against a Respondent under this Procedure:

A person who, at the time of filing a Formal Complaint, was participating or attempting to participate in a KCTCS education program or activity.

Parents or legal guardians of such person with legal right to act on behalf of the Complainant.

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.

• Method of Filing. Formal Complaints may be filed in person, by mail, by electronic mail, or by using the KCTCS hotline.

Informal Resolution

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.

An informal resolution is not a formal hearing or resolution.

• An informal resolution is a strictly voluntary process that aims to provide a mutually acceptable alternative to a full investigation and adjudication.
• 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 the allegations,
• 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,
• Any consequences resulting from participating in the informal resolution process, including that the records will be maintained or possibly shared.
• 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.
• Informal resolution will be conducted by a designated KCTCS agent without bias in regard to the parties.

Investigation

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.

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.

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.

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.

Notice to Parties and the Investigative Report

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.

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.

Completion of the Investigation Report

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.

Advisors During the Investigation Process

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.

Absent extenuating circumstances, witnesses and others involved in an investigation are not entitled to have an advisor present.

Attorney Advisors/Outside Agreements: Complainants and Respondents may at their own expense choose to retain the assistance of an attorney as his/her advisor during the investigation process.

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.

Witnesses

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.

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.

The investigators will determine whether witnesses have provided relevant information and whether to include witness statements in the report of investigation.

Refusal to Participate

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.

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, safety and well-being.

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.

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
   
   • Complexity and scope of the allegations;
   • Number of witnesses involved;
   • Availability of the parties or witnesses
   • Effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances.

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 and 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:
      • Identification of the allegations potentially constituting sexual harassment as defined in the Title IX Sexual Harassment and Misconduct Procedure; and
      • Findings of fact supporting the opinion; and
      • Conclusions regarding the application of the Title IX Sexual Harassment and Misconduct Procedure to the facts.
   2. The System Title IX Coordinator will consult with the College Chancellor 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:
      • 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;
        • 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;
        • findings of fact supporting the determination; and
        • conclusions regarding the application of the recipient’s code of conduct or other policies to the facts; and
      • A statement of, and rationale for, the result as to each allegation, including a determination of responsibility; and
      • The disciplinary sanctions to which Respondent will be subject if found responsible; and
      • Whether remedies designed to restore or preserve equal access to KCTCS’ education program or activity will be provided to Complainant; and
      • The procedures and permissible bases for Complainant and Respondent to appeal.
   4. The Determination becomes final on either:
      • if an appeal is filed, the date both parties are provided the written determination of the result of the appeal; or
      • when the time given to appeal has expired and no appeal has been submitted.
7. 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.

Sanctions will be ultimately administered by the appropriate responsible authority: Chief Student Affairs Officer (for students), the KCTCS President (for faculty), or the College Chancellor or System Office 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.

The chart above 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.

Sanctions of Policy Violation for Employees

KCTCS commonly uses the following progressive approach to corrective or disciplinary action:

1. Verbal Warning. The first notification to an employee regarding a specific problem may be done verbally. Because of the nature of a verbal warning, supervisors should document the warning and retain the documentation. The supervisor does not usually provide the documentation to the employee and does not give the documentation to the HR department for placement in the employee’s official personnel file.
   
   Documentation of the verbal warning should include:
   1. the date of the verbal warning;
   2. descriptions of performance problems, misconduct, or policy violations that prompted the warning;
   3. any relevant dates;
   4. the supervisor's expectations for the employee's improvement or correction; and
   5. the consequences of the employee's failure to meet expectations or for engaging in additional misconduct.
2. Written Warning. A written warning is usually appropriate when:
   1. An employee who previously received a verbal warning continues the same bad conduct or poor performance;
   2. An employee who previously received a verbal warning engages in new, additional/separate misconduct; or
   3. An employee who has not received a verbal warning engages in behavior sufficiently serious enough to warrant skipping a verbal warning and progressing directly to a written warning.
      
      Copies of written warnings are placed in the employee’s personnel file. The College Human Resources Director (or System Director of Employee Relations for System Office supervisors and managers) will assist supervisors with proper format and appropriate language.
3. Performance Improvement Plan (PIP). A PIP is not primarily a disciplinary action but may be used as a disciplinary tool or in conjunction with other disciplinary tools.

   When an employee’s behaviors and poor performance, if continued, will rise to the level of misconduct, the employee may be placed on a PIP. The PIP in this scenario is considered a disciplinary tool and should be provided to the employee in conjunction with a written warning. Misconduct that is not performance related should stop immediately and is not appropriate for a PIP. PIPs identify employee performance and/or behavioral deficiencies, outline the steps the employee must take to improve, and establish a timeline for improvement or correction of deficiencies. HR Directors or the System Director of ER, as appropriate, may assist with PIP format and counseling.

   For more information on PIPs that are not coupled with or prompted by poor performance equivalent to misconduct, see and Administrative Policy 2.5 KCTCS Performance Review.

4. Suspension Without Pay. Suspension is appropriate for serious offenses that do not warrant termination or when other discipline has not successfully corrected the employee’s behavior. Suspension without Pay may be imposed for a period of one to five days, depending on the nature and severity of the conduct or violation. Some offenses may merit suspensions without pay for longer than five days. Supervisors shall work with HR or ER to document suspensions without pay in the same manner as above and shall place documentation in the employee’s personnel file.

   There may be occasions when it is necessary to remove an employee while information is gathered to decide on next steps. This type of leave is called “administrative leave with pay” and is not a suspension or other disciplinary action. It is an administrative process which can be used when employees are under investigation.

5. Involuntary Demotion. An involuntary demotion may be warranted if an employee’s performance or behavior is consistently below expectation after reasonable efforts have failed to help the employee succeed. See Administrative Policy 2.15.2.11 regarding involuntary demotion.
6. Termination of Employment. Termination of employment should be a last option when performance is the reason for termination, and for conduct-based reasons, UNLESS the conduct was so egregious that it merits immediate termination of employment without following the progressive discipline model. If all reasonable efforts to correct the employee's deficiencies have failed, or if the employee’s actions are sufficiently egregious, the employee may be terminated from employment. Employees are terminated in accordance with the process established in Administrative Policy 2.8.2 Termination Procedures and in accordance with their employment status.

Discipline for Sexual Misconduct. If an allegation against an employee includes sexual misconduct, the matter may fall under Title IX and be governed by the processes set forth in Administrative Procedure 3.3.1A-P Title IX Sexual Harassment and Misconduct. Employees should consult that Procedure for additional details. Employees are subject to the appropriate disciplinary actions listed above as sanctions resulting from sexual misconduct violations.

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).

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:

Procedural irregularity that affected the outcome of the matter; or

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

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.

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.)

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.

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/Discrimination Policy.

Appeal Procedures:

The following procedures apply to all appeals:

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.

Any challenges to the committee members shall mean these timelines will be held in abeyance until committee membership is final.

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.

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.

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.

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.

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.

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.

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.

Appellate Review: On appeal, the TIXAC will resolve the following issues:

• Whether a procedural irregularity affected the outcome of the matter;
• 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
• 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.

Appeal Record: In considering an appeal, the TIXAC will conduct a review of the entire record, including but not limited to:

• The hearing file that is given to the parties prior to the hearing;
• Any pre-hearing rulings from the Hearing Officer;
• The Determination of Responsibility;
• The recording or transcript of the formal hearing; and
• Any other materials admitted into evidence by the Hearing Officer; and
• All Opening, Response, and Reply Briefs.

TIXAC Decision: Upon review of all the information, the TIXAC has the authority to do one of the following:

• Uphold the findings and recommendations in the Determination of Responsibility; or
• 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
• 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
• 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.

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.

• 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.
• For employees, the decision of the TIXAC may be appealed pursuant to applicable law (KRS 164.230) and/or KCTCS policies and procedures.

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.

• 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.
• 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.
• 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.
• The Title IX Coordinator will also promptly offer the Respondent appropriate supportive measures if a Formal Complaint is filed.

Resources for students and staff

On Campus Resources

• Campus Safety and Security
• Title IX Coordinator

Community Resources

National Resources

• Rape, Abuse, and Incest National Network (RAINN): (800) 866-HOPE (4673)
• The Trevor Project Hotline (Crisis Intervention for LGBTQ): (866) 488-7386
• National Suicide Prevention Lifeline: 988
• National Domestic Violence Hotline: (800) 799-7233

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. Search the KSP 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.

KCTCS Safety and Emergency Services assists Campus 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 college EOC, if needed. The System Office Crisis Management Team is equipped to provide the following services to colleges 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 the EOC. For smaller, routine campus incidents response operations may be managed virtually by several members of your Crisis Management Team. Tabletop exercises are held at least once a year for members of the EOC and Crisis Management Team.

SCC maintains an Emergency Operation Plan that can be activated during an emergency. This plan includes evacuation rally points, emergency procedures, and guidelines for implementing the Incident Command system.

Emergency Action Plans detailing guidelines for response to different types of emergencies are provided in every building and classroom on KCTCS campuses.

Prior to Evacuation

• Communications should be accomplished in person or through telecommunications.
• 911 should be contacted to advise of the emergency.

During the Evacuation

• Everyone that is able should evacuate.
• Remain calm.
• If you are the last one out of the room, close the door.
• If you encounter a physically disabled individual, assist that person out of the building or to the nearest stairwell and seek further assistance from an emergency responder outside the building.
• Do not use elevators, use the stairs.
• Once outside the building everyone should report to the rally point (a pre-designated location).
• Rally points are described in the Emergency Operations Plan.

Coordination with Law Enforcement

SCC does not currently maintain a written memorandum of understanding with a state or local law-enforcement agency concerning the investigation of alleged criminal offenses. SCC maintains working relationships with state and local law-enforcement agencies through joint training, meetings, communications, and coordination concerning criminal incidents affecting College locations.

SCC uses a Safety Notification Alert Process (SNAP) for communication emergency information quickly. Students and staff are automatically signed up when they enroll at a KCTCS college.

In the event of an incident that requires 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 college community. Face-to-face communication will be used in the event technology fails.

SCC has a SNAP Team that who are authorized to send out SNAP messages. SCC uses a consultation approach to confirm there is a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus. The college Chancellor is responsible for confirming an emergency, with the assistance of college administrators, local first responders and/or the national weather service. Upon confirmation, the college 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 SCC team 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).

SNAP Team Members by Title

• Chancellor
• Provost
• Chief of Student Affairs
• VC of Administration
• IT Staff
• Security Coordinator
• Safety Coordinator
• Director of Operations
• Operations Administrative Assistant
• M & O Supervisors
• Some select M & O Staff
• Campus and Center Directors and/or Coordinators
• VC of Institutional Effectiveness
• VC of Workforce Solutions
• Executive Administrative Assistant
• Senior Administrative Assistant - Office of the Provost
• Security Officers
• Other select facility and staff members.

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

Follow-up information will be provided to the 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 college website or the media.

Training, Drills, and Exercises

Somerset Community College conducts at least one test of its emergency response and evacuation procedures each calendar year. Tests may be announced or unannounced. In conjunction with at least one test each calendar year, SCC publicizes its emergency response procedures to students and employees. For each test, SCC documents the exercise description, date, start time, end time, and whether the test was announced or unannounced.

These activities are designed to improve emergency response on an ongoing basis. Contact the Safety and Security office for more information or to make a request.

The IT 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 unannounced.

Somerset Community College Hazing Transparency Report

There were no reports of hazing and no investigations of conduct defined as hazing between December 1, 2025, and July 1, 2026.

The purpose of the College Hazing Transparency Report is to summarize any findings of a hazing violation by student organizations at the college. Hazing is defined in the KCTCS Administrative Policy - 6.8, and violations of hazing would be adjudicated as outlined in the Code of Student Conduct. This report is different and distinct from the Annual Security Report, though statistical information may overlap.  

Report Requirements 

The Stop Campus Hazing Act requires the college to publish a Campus Hazing Transparency Report. The report must include each incident involving a student organization for which a finding of responsibility is issued relating to a hazing violation, including:

• The name of such student organization;
• A general description of the violation that resulted in a finding of responsibility, including:
  • whether the violation involved the abuse or illegal use of alcohol or drugs,
  • the findings of the institution, and
  • any sanctions placed on the student organization by the institution, as applicable; and
• The dates on which:
  • The incident was alleged to have occurred
  • The investigation into the incident was initiated
  • The investigation ended with a finding that a hazing violation occurred, and the institution provided notice to the student organization that the incident resulted in a hazing violation. 
• The Campus Hazing Transparency report cannot include personally identifiable information. 

Prevention  

Hazing prevention requires a proactive, education-based approach that promotes safe group membership, early intervention, accountability, and a culture of respect. National resources such as StopHazing.org, Hazing Prevention Network, the Piazza Center, the Gordie Center, and the Interdisciplinary Institute for Hazing Prevention provide research-informed guidance, toolkits, training materials, prevention frameworks, and educational resources to help institutions, student organizations, athletic teams, and campus leaders recognize, prevent, and respond to hazing. Individuals who are aware of, experience, or suspect hazing are encouraged to report concerns through appropriate campus channels, local law enforcement when there is an immediate safety concern, or the National Hazing Hotline at (888) NOT-HAZE for anonymous, non-emergency reporting.

Somerset Community College complies with Commonwealth of Kentucky law regarding protective orders. Protective orders may help protect a person from future violence, abuse, threats, or stalking by placing legal restrictions on the respondent’s conduct. A court may, for example, direct the respondent to have no contact with the protected person or to remain away from specified locations.

Somerset Community College does not issue court protective orders. Students and employees may request assistance from the College in understanding available reporting options, contacting law enforcement, and accessing reasonably available supportive or protective measures. The College will take reasonable steps to assist with a valid protective order when the order is brought to the attention of College officials.

Immediate Assistance and College Contacts

• For an emergency or an immediate safety threat, call 911.
• Somerset Community College Security: SCCsecurity@kctcs.edu
• Christopher Olson, Security Coordinator: (606) 305-5878
• Paul Smith, Security Coordinator: (606) 451-6938
• Tracy Casada, Chief Student Affairs Officer and Title IX Coordinator: (606) 451-6631 or Tracy.casada@kctcs.edu

After normal business hours, a person may contact local law enforcement for assistance. Campus Security can also be contacted at the location-specific telephone numbers listed in this Annual Security Report.

Who May Request Protection

Eligibility depends on the facts and the relationship between the parties. Qualifying relationships may include family members, members of an unmarried couple, people who are or were in a dating relationship, and persons seeking protection from stalking or other qualifying conduct. A petition may request protection for the petitioner and, when appropriate, children or other persons who may need protection.

How to Request a Protective Order

• Visit the Office of Circuit Court Clerk in the county where you reside or, when applicable, the county where you are currently residing after leaving to avoid the abuse or threat.
• Ask the clerk for the appropriate protective-order petition and provide as much identifying and incident information as reasonably available.
• Describe the protection being requested. The petition is submitted to a judge or trial commissioner for review.
• If a temporary order or summons is issued, the court will schedule a hearing. Law enforcement will attempt to serve the respondent.
• Attend the scheduled hearing and bring available witnesses and relevant documentation, such as police reports, photographs, messages, or medical records.
• Kentucky has an Office of Circuit Court Clerk in every county. Protective-order information and county contact information are available through the Kentucky Court of Justice. Kentucky Court of Justice County Information.

Possible Court-Ordered Protections

Depending on the circumstances and the court’s decision, an order may include one or more of the following:

• No contact with the protected person or other persons identified by the court.
• A requirement to remain away from a specified residence, school, or workplace.
• A prohibition against committing or threatening further violence or abuse.
• A prohibition against damaging or disposing of property.
• Removal from a shared residence, when ordered by the court.
• Temporary provisions relating to children, support, counseling, or other relief authorized by the court.

Somerset Community College Supportive and Protective Measures

Upon receiving a report, Somerset Community College may offer reasonably available supportive or protective measures. Measures are considered individually and may be available regardless of whether the person chooses to make a report to law enforcement. Depending on the circumstances, measures may include:

• Changes to class, work, or activity schedules.
• Changes to work or class locations.
• Campus escort assistance.
• Mutual restrictions on contact between involved parties.
• Leaves of absence or reasonable academic or workplace adjustments.
• Increased security or monitoring of appropriate campus areas.
• Referrals to counseling, advocacy, legal, medical, or community resources.

Supportive measures will be maintained as confidential to the extent possible when doing so does not impair the College’s ability to provide the measure. The Title IX Coordinator coordinates supportive measures associated with reports covered by applicable College policy.

How to Advise the College of the Order

It is the responsibility of students, faculty and staff with emergency protective orders to bring this to the attention of the Title IX Coordinator and Security for students and Human resources and Security for employees. If an individual is violating an emergency protective order on a KCTCS campus, we encourage the EPO holder to notify police and/or campus security immediately.

Confidentiality

KCTCS seeks to respect requests for confidentiality in its response to incidents of discrimination, harassment, and retaliation. However, it may be necessary to reveal certain personally identifying information to investigate and address complaints effectively. In such cases, the college takes steps to ensure that information is only shared as necessary, on a need-to-know basis, to resolve the underlying allegations.

College employees, including faculty, administrators, staff, and student employees, must report to the Title IX Coordinator any incidents of possible sexual harassment, sex discrimination, or retaliation on campus of which they are aware.

SCC will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by SCC against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.