Title IX

This guide explains Garden City Community College's resources and options available to individuals impacted by sex-based harassment including sexual assault, domestic violence, dating violence, and stalking. Below, you will find valuable information and resources to familiarize yourself with options if you or another individual experiences sex-based misconduct.

 

In compliance with federal law (Title IX), Garden City Community College has appointed a Title IX Coordinator whose role is to ensure that members of the community receive Title IX protections as guaranteed by law and institutional policy. Contact information for the College's Title IX Coordinator and other key resources is listed in the next section.

 

This can be an overwhelming time for someone who has experienced sex-based misconduct. The College regrets that you may have had such an experience. We want you to know that we are here for you and want to ensure you are empowered to make the choices that are best for your needs, without pressure and with respect for your autonomy and privacy.

 

Choose how to proceed. You have options. You can: (1) do nothing until you are ready, (2) pursue a College resolution, (3) initiate criminal proceedings, (4) initiate a civil process against the perpetrator, and/or (5) pursue healing options that do not require reporting to any official. You may pursue whichever combination of options is best for you. If you pursue a College resolution, your options can include an investigation, formal grievance resolution (live hearing), informal resolution, and/or supportive measures. Those options are summarized below and explained in detail in the College's Policy and Procedures found here:  Non-Discrimination/Anti-Harassment Policy

 

This guide is intended to help explain Garden City Community College’s responsibility under Title IX and the Violence Against Women Act (VAWA).  Additionally, this guide will:

 

• Provide you with specific resources available both on and off campus.
• Provide you with details on available supportive measures.
• Educate you on your right to an Advisor and how they can assist you throughout the process.
• Inform of the Rights to both parties in the Title IX Resolution Process.
• Provide you with common questions and answers asked by parties (Complainants and Respondents).

If you are off campus and experiencing an emergency, CALL 911. You may also call the local police department’s non-emergency line at 620-276-1300.

1. Go to a safe location as soon as you are able. If on campus this would be your RA’s room, a friend’s room, or any open offices.
2. Contact any of the following for immediate assistance on campus or in the community:

• GCCC Campus Security at 620-272-6828, Day & Evening (24-7)
• GCCC Title IX Coordinator, Kellee Munoz, at 620-276-9574, Regular business hours, M-F.
• GCCC Deputy Title IX Coordinator, Dean of Student Services, Tammy Tabor, at 620-275-9508, Regular business hours, M-F.
• Vice President of Student Services, Colin Lamb, at 620-276-9683, M-F
• GCCC Counselor, JoAnn Garrier, at 620-276-9635, Regular business hours, M-F.
• GCCC Campus Health Nurse, Trisha Miller, R.N., B.S.N, at 620-276-9601, Regular business hours, M-F.
• Genesis Family Health, at 620-271-7411, Located in the Broncbuster Room of the Beth Tedrow Student Center.

additional content from previous item (community resources list):

• Local Law Enforcement and Emergency Services, CALL 911. Non-Emergency, 620-276-1300.
• Catherine Hospital @ Common Spirit, CALL 911, Non-Emergency 620-272-2222, Day & Evening (24-7). 401 E. Spruce Street, Garden City, Kansas.
• Compass Behavioral Health, Office 276-7689 or Hotline at 800-259-9576. 1111 E. Spruce, Garden City, Kansas.
• Family Crisis Services, 24-hour Helpline, at 620-276-5911. 106 W. Fulton, Garden City, Kansas.
• Kansas Coalition Against Sexual & Domestic Violence, Crisis Hotline at 888-END-ABUSE, 888-363-2287, kcsdv.org.
• National Sexual Assault Hotline, at 800-655-HOPE (4673). https://ohl.rainn.org/online.
• National Domestic Violence Hotline, at 800-799-SAFE (7233).

 

Medical Attention and Evidence Preservation

1. Medical attention: Seek immediate medical attention if you are injured or believe you may have been exposed to the risk of an STI/STD or pregnancy.
2. Evidence preservation: Physical evidence may be necessary to prosecute the offender and helpful in obtaining a protection order. Preserving evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time sensitive. The following steps will help preserve evidence:

 

 

 

For instances of sexual assault: 

• Catherine Hospital, Emergency – 911, Non-Emergency – (620) 272-2222, 24/7 (401 E Spruce St, Garden City, KS, St. Catherine Hospital - Garden City | Garden City | CommonSpirit Health )
• Sexual Assault Nurse Examiner (SANE),- Forensic examinations can be done at Southwest Medical Center, 315 W. 15th St, Liberal, KS 67901.

More information can be found online at Sexual Assault Care | Southwest Medical Center Or at Hays medical Center, 2220 Canterbury Dr, Hays, Ks 67601.

 

1. Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better).
2. Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
3. If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
4. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or a secure evidence container (if provided one by law enforcement).
5. If you are still wearing any clothes worn during the incident, wear them to the hospital, but bring a change of clothes, as the hospital will keep the clothes you are wearing as evidence.
6. Seeking medical treatment, in general, can be essential, even if it is not for the purpose of collecting forensic evidence.
7. Typically, police will be called to the hospital to take custody of the forensic kit, but it is up to you whether you wish to speak with them or file a criminal complaint.

For instances of stalking/dating violence/domestic violence/sex-based harassment:

1. Evidence in the form of text and voice messages will be lost, in most cases, if the impacted individual changes their phone number.
2. Make a secondary recording of any voice messages and/or save the audio files to a cloud server.
3. Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook).

Additional content from previous item (4.):

• Save copies of email and social media correspondence, including notifications related to account access alerts.
• Take time-stamped photographs of any physical evidence, including notes, gifts, etc., in place when possible.
• Save copies of any messages, including those showing any request for no further contact.
• Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible.

 

 

5. Contacting law enforcement:Other law enforcement agencies may have jurisdiction over the alleged misconduct. If the impacted individual wishes, Campus Police will provide assistance contacting law enforcement but is not required to receive support or to engage other options for resolution through the College. Law enforcement can assist with evidence collection, evidence preservation, taking statements, pressing criminal charges, and obtaining protective or restraining orders.

If any impacted individual would prefer to have a support person accompany them to any meeting or interview with law enforcement, the College can help find an appropriate resource at the institution or in the local community.

 

If any impacted individual is interested in support with contacting law enforcement, they should contact Rodney Dozier, Campus Police Chief, at 620-276-9536 or Kellee Munoz, Title IX Coordinator, at 620-276-9574.

To make informed choices, all parties should be aware of confidential and privacy considerations, as well as campus mandatory reporting requirements.

 

Confidential Reporting

If a Complainant wishes to keep the details of an incident confidential, they should speak with confidential resources on campus.  Campus counseling is available to help on an emergency basis.  Their service is free of charge.  In addition, Garden City Community College has designated the following as employees who can be consulted confidentially by students and employees:

• GCCC Health Nurse
• GCCC Licensed Professional Counselor
• Genesis Family Health -On Campus licensed professional counselors-

Local resources such as crisis centers are also confidential and have no duty to report disclosed information to the College.

• Off Campus (non-employees)
  • Licensed professional counselors and other medical providers
  • Local rape crisis counselors
  • Domestic Violence Resources
  • Local and state assistance agencies
  • Clergy/Chaplains
  • Attorneys
• Mandated Reporting:All full-time employees not designated as confidential above are mandated reporters. This means they are required to report disclosures about sex-based misconduct with the Title IX Coordinator. The Title IX Coordinator will reach out to offer support, explain Rights & Options, and the opportunity to initiate a complaint to the impacted party, but the impacted party can choose whether to respond or participate in any meeting or process.

6. Resolution options:Impacted parties have a variety of procedural options for resolution of a complaint of sex-based misconduct at Garden City Community College:

• Initiate a complaint and investigation with a hearing: An impacted party may initiate a complaint with the Title IX Coordinator and request the College open an investigation into the allegations. The assigned investigator(s) will interview parties and relevant witnesses, collect evidence, and write an investigation report. After the investigation is complete, a live hearing with a Decision-maker(s) will take place, and the Decision-maker(s) will determine whether a violation of College policy occurred. This is a College administrative process, not a criminal or civil process.

 

• Informal resolution: An impacted party may seek to resolve the allegations through an Informal Resolution, according to the parameters set out in the College's policy. All involved parties and the Title IX Coordinator must consent to Informal Resolution. Informal Resolution is a College administrative process, not a criminal or civil process.

 

• In compliance with federal Title IX regulations, the informal resolution process is strictly prohibited and unavailable in any matter involving allegations of misconduct or sex-based harassment by an employee against a student. When an alleged violation occurs between an employee and a student, the institution cannot offer, facilitate, or permit an informal or mediated resolution. The matter must proceed exclusively through formal grievance, investigation, and adjudication channels, regardless of the preference or voluntary consent of either party.

 

The College offers the following approaches to Informal Resolution:

 

• Supportive resolution: The College can provide individualized support measures designed to maintain or restore the impacted individual's access to the College's education program and activities. See below for a list of supportive measures.

Additional content from previous item: 

Possible supportive measures. For more information on supportive measures, contact the Title IX Coordinator at 620-276-9574.

                 

• Alternative resolution:Could include, but is not limited to mediation, shuttle negotiation, provided by a neutral mediator to reach an agreement without being in the same room, restorative practices, and facilitated dialogue as a means to reaching an agreed-upon resolution.

• Accepted responsibility: The person alleged to have committed the policy violation is willing to accept responsibility for violating policy and accept sanctions, and the impacted individual and College accept the resolution terms.

 

If the impacted party chooses to initiate an investigation, Informal Resolution is available at any time during an investigation prior to a final determination. No investigation is required, though, to have access to Informal Resolution options.

 

• No action taken: Unless an imminent and serious threat to the health or safety of the impacted individual, or the wider College community exists, if the impacted individual declines to pursue College action to resolve the allegations of sex-based harassment, the College will provide support but not pursue resolution. The impacted individual may pursue any of the above resolutions at any time.

 

Impacted individuals may also seek criminal charges or civil remedies, outside the administrative resolution options the College offers. For more information on criminal charges please reach out to Rodney Dozier, Campus Police Chief, or you may contact Kellee Munoz, the Title IX Coordinator.

 

7. Protection orders.Campus Police, local law enforcement or Family Crisis can provide information for obtaining a protection order, if desired. A protection order, imposed by a court, would prohibit proximity and/or contact between individuals.

• The College will assist any impacted party with accessing counseling, advocacy services, health care, counseling for student financial aid, both on campus and in the community. 
• The Title IX Coordinator will discuss the availability of supportive measures after an alleged incident of discrimination, harassment, and/or retaliation. No complaint or investigation, either campus or criminal, needs to occur before this option is available. Such measures may include, but are not limited to:
• Referral to counseling, medical, and/or other healthcare services
• Referral to the employee assistance program, ComPsych
• Referral to community-based service providers
• Student financial aid counseling
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student employees
• Providing campus safety escorts
• Implementing contact restrictions (no contact orders) between the Parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Issuing a College No Trespass Notice
• Issuing timely warnings
• Modification of class schedule, withdrawals, or leaves of absence
• Increasing security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

 

Right to an Advisor

Under the Title IX Harassment & Non-discrimination Policy and Procedures, the parties may each have an Advisor of their choice present with them for all meetings, interviews, and hearings within the Resolution Process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available. An advisor may be an attorney, advocate, or support person, and each party is allowed only one advisor.

 

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

 

Right to an Advisor is explained in detail in the college’s Policy and Procedure found here:

Non-Discrimination/Anti-Harassment Policy.

 

Rights of Parties in the College Title IX Resolution Process

Under the Title IX Harassment & Nondiscrimination Policy and Procedures, the parties have the right to:

• An equitable investigation and resolution of all credible allegations of prohibited discrimination, harassment, retaliation, and Other Prohibited Conduct, when reported in good faith to Recipient officials.
• A fundamentally fair resolution as defined in College procedures.
• Timely written notice of all alleged violations, including the identity of the parties involved (if known), the specific misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated Policies and procedures, and possible sanctions.
• Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the Resolution Process.
• Have College policy and procedures followed without material deviation.
• Be treated with respect by College officials.
• Have Campus Police and/or other College officials respond promptly with sensitivity to alleged policy violations.
• Have the College maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair the institution's ability to provide the supportive measures.
• Preservation of confidentiality/privacy, to the extent possible and permitted by law.

 

These rights are some of the most important, but not the only rights provided by College policy. For a full list of rights, please visit the College's policy at: Non-Discrimination/Anti-Harassment Policy

 

Can an attorney be my Advisor?

Yes. You have the right to an Advisor of your choice, which can include an attorney.

 

Will my parents/guardians find out about this incident?

It depends. If you are a minor, members of the Title IX team may have certain mandatory reporting obligations, which may include notifying your parents/guardians of the incident. 

If you are not a minor, any incident disclosed to a Mandatory Reporter is a part of your education record, which is protected under the Family Educational Rights and Privacy Act (FERPA).

This means that your education record cannot be shared with anyone with whom you have not given the College permission to share, except in emergency situations.

 

Do I have to resolve this through a Resolution Process with the College?

No. You have options, as outlined above. The Title IX Coordinator can explain those options and answer your questions.

 

Is there a time limit for reporting?

There are no time limits on initiating a complaint; however, the passage of time may impact your options.

 

Will I get in trouble if I was drinking underage during the incident? 

No. To encourage reporting and participation in the Resolution Process, the College offers parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident.

 

What happens if the Respondent fails to comply with the sanctions after a Resolution Process?

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or for any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination.

 

What happens if the Respondent transfers, leaves, or resigns prior to the conclusion of the Resolution Process?

It depends on the circumstances. The Title IX Coordinator can provide more information.

 

What if law enforcement is involved?

The College's action(s) or processes do not change, generally, because there are civil or criminal charges involving the underlying incident(s). The College may undertake a short delay in its investigation if circumstances require.