Equal Opportunity, Harassment and Nondiscrimination

Bethel College does not discriminate in its employment practices or in its educational programs or activities on basis of race, religion, color, sex/gender, pregnancy, political affiliation, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability (including perceived disability), age, marital status, sexual orientation, gender identity, gender expression, veteran or military status (including disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, and Armed Forces Service Medal veteran), predisposing genetic characteristics, domestic violence victim status, or any other protected category under applicable local, state, or federal law. The College also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process internally or externally.

Bethel College is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination, harassment, and retaliation. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, Bethel College has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of protected class status, and for allegations of retaliation.

Bethel College values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.

Effective August 14, 2020, Bethel College will address all forms of harassment and discrimination—including sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation—through its Equal Opportunity, Harassment, & Non-Discrimination Policy and Procedures.

Bethel College is dedicated to ensuring a prompt, effective, and compassionate response to any report of discrimination. To report possible discrimination (including sexual harassment, sexual violence, dating/domestic violence, stalking, and/or retaliation), ask questions, or communicate concerns, contact the Title IX Coordinator at (316) 284-5248 (ext. 248) or email titleixcoordinator@bethelks.edu or the U.S. Assistant Secretary of Education within the Office for Civil Rights (OCR)

• To report a concern online, use the online incident form https://www.bethelks.edu/form/report-harassment-discrimination

Title VII of the Civil Rights Act of 1964, as amended, and the federal regulations adopted under the act, prohibit sex discrimination in the employment setting. The regulations define sexual harassment in the workplace as a distinct type of employment discrimination on the basis of sex. In 1980, the Equal Employment Opportunity Commission (EEOC) issued guidelines defining sexual harassment and stipulating that sexual harassment in the workplace is a violation of Title VII.

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex, including sexual harassment and sexual violence, in any educational programs and activities of educational institutions that receive federal funding. Bethel College students and employees are covered by Title IX.

Bethel College is dedicated to ensuring a prompt, effective, and compassionate response to any report of discrimination. To report possible discrimination (including sexual harassment, sexual violence, dating/domestic violence, stalking, and/or retaliation), ask questions, or communicate concerns, contact the Title IX Coordinator at (316) 284-5248 (ext. 248) or email titleixcoordinator@bethelks.edu or the U.S. Assistant Secretary of Education within the Office for Civil Rights (OCR)

• To report a concern online, use the online incident form https://www.bethelks.edu/form/report-harassment-discrimination

Read the full Bethel College Equal Opportunity, Harassment, & Non-Discrimination Policy and Procedures (Full Text)

Main Points:

• Bethel College policy protects being discriminated on the basis of many different areas, including but not limited to sex, gender, race, age, religion, and ethnicity.
• Discrimination can include sexual harassment, sexual violence, dating/domestic violence, stalking, retaliation, and/or other prohibited behavior.
• It is Bethel College’s duty to Stop, Prevent, and Remedy occurrences of discrimination and harassment.
• If you have experienced or witnessed any such prohibited behavior, you are entitled to make a report to or file a formal complaint with the Title IX Coordinator.
• Similarly, Bethel College will respect a reporting party’s choice not to file a formal complaint when doing so is in the best interest of the party as well as the campus community.
• After a report or formal complaint has been made, an initial assessment will be conducted and interim supportive measures may be enacted.
• If it is determined that there has been a possible violation of College policy, an investigation will proceed.
• Certain allegations may result in a hearing in addition to an investigation.
• You have the right to appeal the findings of an investigation and/or hearing.
• You are protected against retaliation for reporting an incident or participating in the investigation.

Summary of Procedures: 

In general, there are seven (7) steps to the resolution process to a formal complaint. There may be times when they do not fall in the same order as below or times when the investigation transitions back and forth between different steps of the process. For a full and complete description of the Bethel College investigation and resolution processes, please consult the Equal Opportunity, Harassment, & Non-Discrimination Policy and Procedures or contact the Title IX Coordinator.

1. Report or Notice
2. Formal Complaint
3. Initial Assessment: Review of Jurisdiction & Applicable Policy Process & Optional Informal Resolution 
4. Investigation (with possibility of optional informal resolution)
5. Formal Review of Evidence & Investigation Report
6. Live hearing & Determination 
7. Appeal

Explanatory Resources:

• Bethel College Equal Opportunity Policy and Procedures Pathways
• Bethel College Equal Opportunity Policy and Procedures Flow Chart
• Bethel College Intersection of Title VII & Title IX Flow Chart
• Bethel College Mandatory vs. Discretionary Dismissal Assessment Process
• Bethel College Informal Resolution Process Flow Chart
• Bethel College Investigation Report Process Overview
• Bethel College Evidentiary Categories Chart
• Bethel College Process A Investigation Flow Chart

Campus Documents:

• Bethel College Resource Wheel
• Know Your Rights: Title IX Requires Bethel College to Address Sexual Harassment & Sexual Violence
• Know Your Rights: Pregnant & Parenting Under Title IX at Bethel College
• Bethel College Guide on Sexual Misconduct (aka VAWA Brochure)
• Bethel College When in Doubt, Reach Out! (Red Flag Folder)
• Bethel College Employee Guide for Responding to Sexual Misconduct Disclosures
• Bethel College Student Life Staff Protocol for Sexual Misconduct Disclosures
• Bethel College Equal Opportunity, Harassment, & Non-Discrimination Policy & Procedures
  • Bethel College Equal Opportunity Policy and Procedures Pathways
  • Bethel College Equal Opportunity Policy and Procedures Flow Chart
• Bethel College Equal Opportunity Policy Due Process Rights
• Bethel College Resolution “Pool” Members

Campus Contacts (Confidential) for Parties:

• Student Wellness Counselor
  Percy Turner
  Will Academic Center, Rm 102
  Phone: (316) 284-5326
  Email: pturner@bethelks.edu
• Campus Pastor
  Michael Unruh
  Office of Student Life
  Administration Building
  Phone: (316) 284-5318
  Email: munruh@bethelks.edu
• Counslr mobile app, free mental health support
  Thanks to our partnership with Counslr, you have free access to mental health support, whenever and wherever you may need it. Learn more by visiting our counseling page. 

Campus Contacts for Parties:

• Assistance is available to Complainants and Respondents, through the Title IX Coordinator, to provide changes in housing, work schedules, and class sections. It is also available to help with no-contact orders, class assignments, communication with instructors and other needs or questions that may arise.
• Title IX Coordinator
  Janet Fulmer
  Administration Building
  Phone: (316) 284-5248
  Email: titleixcoordinator@bethelks.edu
• Director of Center for Academic Development
  Dan Quinlin
  Will Academic Center, Office 110
  Phone: (316) 284-5333
  Email: dquinlin@bethelks.edu

Local (Confidential) Resources for Reporting Parties:

• SafeHope – 24/7 Help Line: (800) 487-0510

  SafeHope provides advocacy and support to all survivors and secondary victims of sexual violence, dating/domestic violence, and stalking in Harvey County. SafeHope creates a safe environment for survivors to understand the resources and options available to them and get support as they begin their healing journey. Staff are available 24/7 off-campus, and are also typically on-campus Tuesdays between 1:00-3:00pm in a private office on the second floor of the Administration Building.

• Prairie View Mental Health Center – 24/7 Help Line: (800) 362-0180

State or National (Confidential) Resources for Reporting Parties:

• Kansas Coalition Against Sexual & Domestic Violence – 24/7 Help Line: (888) END-ABUSE or (888) 363-2287
• LoveIsRespect.org – 24/7 Help Line: (866) 331-9474
• National Domestic Violence Hotline – 24/7 Help Line: (800) 799-SAFE (7233)
• RAINN (Rape, Abuse, & Incest National Network) – 24/7 Help Line: (800) 656-HOPE (4673)
• Suicide Prevention Lifeline – 24/7 Help Line: (800) 273-8255

Medical Resources for Reporting Parties:

• For individuals experiencing sexual assault, completing a sexual assault medical exam is recommended in order to identify and address physical injuries. Exams are performed by a Sexual Assault Nurse Examiner (SANE). Seeking such service does not obligate a person to file a criminal report with law enforcement, nor does it require a person to pursue a formal complaint through Bethel College.
• Newton Medical Center, Emergency – 9-1-1, Non-Emergency – (316) 283-2700 600 Medical Center Dr., Newton, KS 67114
• Ascension Via Christi Health – St. Joseph Hospital (SANE), Emergency – 9-1-1, Non-Emergency – (316) 268-5000, 24/7 3600 E. Harry St., Wichita, KS 67218
• Ascension Via Christi Health—St. Francis Hospital, Emergency – 9-1-1, Non-Emergency – (316) 268-5000, 24/7 929 N. Saint Francis, Wichita, KS 67214
• Wesley Medical Center (SANE), Emergency – 9-1-1, Non-Emergency –  (316) 962-9122, 24/7 550 N. Hillside St., Wichita, KS 67214

State & National Organizations:

• Center for Changing Our Campus Culture
• EROC (End Rape on Campus) –works to end campus sexual violence through direct support for survivors and their communities 
• GLAAD – LGBTQ Resources
• It’s On Us – bystander intervention tips and PSA campaign against sexual violence
• Jana’s Campaign – education about and prevention against gender and relationship violence
• Know Your IX – empowering students to stop sexual violence
• National Coalition Against Domestic Violence
• National Sexual Violence Resource Center
• No More – dedicated to ending domestic violence and sexual assault by increasing awareness, inspiring action and fueling culture change
• Red Flag Campaign –public awareness and prevention campaign designed to address dating violence on college campuses

Bethel College has an administrative, not a criminal, process to follow when harassment, discrimination, or sexual misconduct is reported. Typically, the Complainant determines any law enforcement involvement, though Bethel College will contact law enforcement in situations of imminent student safety or where otherwise required by law. Individuals are encouraged to file a report or to contact law enforcement when a sexual misconduct situation occurs.

Bethel College will comply with law enforcement requests for cooperation to the extent possible permitted by law, and such cooperation may require the College to suspend the fact-finding aspect of a College investigation while the law enforcement agency is in the process of gathering evidence. The College will promptly resume its investigation as soon as notified by law enforcement agency that it may do so.

Bethel College will implement appropriate interim steps (supportive measures) during the law enforcement agency’s investigation period for the safety of the participating individuals and the campus community, and to mitigate retaliation.

Local Law Enforcement:

• North Newton Police Department
  Randy Jordan, Chief of Police
  2601 N. Main, North Newton, KS 67117
  Phone: (316) 283-3191 or call 9-1-1 if it is an emergency
  Email:    nnpd@northnewton.org

Glossary:

• Advisor means a person chosen by a party or appointed by Bethel College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.

• Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.

• Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the Bethel College investigate the allegation.

• Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).

• Decision-maker is the person, panel, and/or Chair who hears evidence, determines relevance, and makes the Final Determination of whether this Policy has been violated and/or assigns sanctions.

• Education program or activity means locations, events, or circumstances where Bethel College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by Bethel College.

• Final Determination: A conclusion by the preponderance of the evidence that the alleged conduct did or did not violate policy.

• Finding: A conclusion by the preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).

• Investigator means the person or persons charged by Bethel College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

• Mandated Reporter means an employee of the Bethel College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator.

• Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.

• Official with Authority (OWA) means an employee of Bethel College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the Bethel College.

• Parties include the Complainant(s) and Respondent(s), collectively.

• Relevant Evidence is evidence that tends to prove or disprove an issue in the complaint.

• Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the Bethel College’s educational program.

• Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.

• Resolution means the result of an informal or Formal Grievance Process.

• Sanction means a consequence imposed by Bethel College on a Respondent who is found to have violated this policy.

• Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence.

• Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Bethel College’s education program or activity, including measures designed to protect the safety of all parties or Bethel College’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

• Title IX Team refers to the Title IX Coordinator, any deputy coordinators (if applicable), and any member of the Grievance Process Pool.

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined below. Further information regarding specific definitions and potential examples of misconduct are provided in the Bethel College Equal Opportunity, Harassment, & Non-Discrimination Policy and Procedures.

Conduct on the basis of sex or that is sexual that satisfies one or more of the following:

• Quid Pro Quo:
  1. an employee of Bethel College,
  2. conditions the provision of an aid, benefit, or service of Bethel College,
  3. on an individual’s participation in unwelcome sexual conduct.
• Sexual Harassment:
  1. unwelcome conduct,
  2. determined by a reasonable person,
  3. to be so severe, and
  4. pervasive, and,
  5. objectively offensive,
  6. that it effectively denies a person equal access to Bethel College’s education program or activity.

Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

• Sexual assault, defined as:
  1. Any sexual act directed against another person,
     1. without the consent of the Complainant,
     2. including instances in which the Complainant is incapable of giving consent 
  2. Incest:
     • Non-forcible sexual intercourse,
     • between persons who are related to each other,
     • within the degrees wherein marriage is prohibited by Kansas law. 
  3. Statutory Rape:
     • Non-forcible sexual intercourse,
     • with a person who is under the statutory age of consent of 16.
• Dating Violence, defined as:
  1. violence,
  2. on the basis of sex,
  3. committed by a person,
  4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—

• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
• Dating violence does not include acts covered under the definition of domestic violence.

• Domestic Violence, defined as:
  1. violence,
  2. on the basis of sex,
  3. committed by a current or former spouse or intimate partner of the Complainant,
  4. by a person with whom the Complainant shares a child in common, or
  5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
  6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Kansas, or
  7. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Kansas.

To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

• Stalking, defined as:
  1. engaging in a course of conduct,
  2. on the basis of sex,
  3. directed at a specific person, that
     1. would cause a reasonable person to fear for the person’s safety, or
     2. the safety of others; or
     3. Suffer substantial emotional distress.         

For the purposes of this definition—

• Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Bethel College additionally prohibits the following offenses as forms of discrimination when the act is based upon the Complainant’s actual or perceived membership in a protected class.

• Sexual Exploitation, defined as: taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment. Including but not limited to:
  • Sexual voyeurism
  • Invasion of sexual privacy
  • Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography
  • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection
  • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
  • Knowingly soliciting a minor for sexual activity
  • Engaging in sex trafficking
  • Creation, possession, or dissemination or child pornography

• Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities.

• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.

• Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the Bethel College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity.

• Bullying, defined as:
  • repeated and/or severe
  • aggressive behavior
  • likely to intimidate or intentionally hurt, control, or diminish another person, physically and/or mentally
  • that is not speech or conduct otherwise protected by the First Amendment.

Consent is:

• knowing, and
• voluntary, and
• clear permission
• by word or action
• to engage in sexual activity.

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Resources for Understanding Consent:

• It’s as simple as Tea
• Consent with Siri
• 10 Ways to Distinguish Consent

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me, I’ll do what you want.”).

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

Bethel College policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

The topics of consent, force, and incapacitation are addressed in greater detail in the full Bethel College Equal Opportunity, Harassment, & Non-Discrimination Policy and Procedures.

Take action if you see someone in need!

You have the ability to Take Action to intervene or prevent a potentially harmful situation.

• Bystander, is any person who notices a behavior or situation that could lead to something bad, and are faced with the choice to help, to do nothing, or contribute to the negative behavior.
• Active Bystander, is any person who does something to decrease the likelihood that something bad will occur or get worse. As an active bystander, there are positive and safe ways to prevent or intervene when there is a risk of behaviors such as discrimination, harassment, sexual violence, dating/domestic violence, stalking, or any other type of behavior that could occur on a college campus.

What you can do to help:

• Recognize behaviors that might be high risk for violence or harm
• Attempt to help, but keep yourself safe.
• Intervene in a way you feel comfortable:
  • Check in with the person to see if they are OK or needs help
  • Create a distraction
  • Call for help or delegate someone else to call

Even if there is a delay, follow-up with the person and see if there’s any support they may need

Bethel College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Bethel College’s education program or activity, including measures designed to protect the safety of all parties or Bethel College’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, Bethel College will inform the Complainant, in writing, that they may file a formal complaint with Bethel College either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.

Bethel College will maintain the privacy of the supportive measures, provided that privacy does not impair Bethel College’s ability to provide the supportive measures. Bethel College will act to ensure as minimal an academic and/or occupational impact on the parties as possible. Bethel College will implement measures in a way that does not unreasonably burden the other party.

These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the Bethel College community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation accommodations
• Implementing contact limitations (no-contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely Warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no-contact orders will be referred to appropriate student or employee conduct processes for enforcement.

You can file a police report with local law enforcement or a report with Bethel College about sexual misconduct you experienced.

File a Police Report

For an emergency, call 9-1-1. Otherwise, you may call the non-emergency number to file a police report.

• North Newton Police Department
  2601 N. Main, North Newton, KS 67117
  Phone: (316) 283-3191 or call 9-1-1 if it is an emergency
  Email: nnpd@northnewton.org

Typically, the following steps will occur when filing a police report:

• You’ll meet with a police officer to discuss what happened. The officer will give you information about services and resources.
• An official police report will be generated. If the incident is determined to be criminal in nature, the police may continue to investigate.
• When the investigation is complete, criminal charges may be brought against the alleged offender and the Harvey County District Attorney may become involved in the matter.
• A warrant for the alleged offender’s arrest may be issued if they were not already arrested.

A police report is separate and distinct from any report filed with Bethel College. When filing a report with North Newton Police, the Title IX Coordinator will only be informed of your decision if you specifically request that the information be shared with Bethel College.

• Note: Issues pertaining to criminal investigations can be complicated and confusing. This webpage is intended only to provide a brief outline about a Complainant’s rights and options in a criminal investigation and is not meant to serve as legal advice.

File a Sexual Misconduct Report or Complaint with Bethel College

If you would like to file a report or complaint of harassment, discrimination, or sexual misconduct, you may do so through the options detailed below. Filing a report or a complaint with Bethel College does not constitute filing a police report.

When to submit a report:

• If you are unsure if you want to pursue an investigation at this time, but are interested in receiving supporting measures.
• If you are reporting actual or suspected misconduct that someone else experienced. All Bethel College employees, unless specifically identified as confidential resources, are Mandated Reporters and are thus obligated to report incidents disclosed to them or which they witness first-hand. But students and community members are also encouraged to utilize the reporting resources.
• Reporting ensures that individuals have access to all of the available support services and options afforded to them by both law and policy. This also helps Bethel College identify and address any trends or systemic problems. Reporting harassment, discrimination, or sexual misconduct helps keep our campus community safe.

If a report of harassment, discrimination, or sexual misconduct is filed:

• Filing a report does not mean a formal investigation will automatically occur. Rather, it helps ensure the Complainant is connected to rights and options—including the option to file a formal complaint necessary for any investigation. The alleged offender will not be notified until if or when a formal complaint is filed.
• The Title IX Coordinator will contact you to discuss the availability of supportive measures, your rights and options, and will describe the process for filing a formal complaint.
• Possible supportive measures include, but are not limited to, a no-contact order, changes to campus living, academic, or workplace arrangements.
• Supportive measures will be kept confidential unless disclosure is necessary to provide them.

Please Note: Bethel College’s ability to remedy and respond to reports of misconduct may be limited if the Complainant does not want Bethel College to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing Bethel College’s obligation to protect its community.

When to submit a formal complaint:

• If you are reporting misconduct that you experienced and
• You would like to begin the Bethel College formal grievance resolution process (which includes an investigation).

If a formal complaint of harassment, discrimination, or sexual misconduct is filed:

• The Bethel College formal grievance resolution process will be initiated, which includes an investigation.
• Both you (Complainant) and the alleged offender (Respondent) will be notified in writing that the complaint was filed and an investigation has begun.
• An Investigator(s) will gather evidence and separately interview you, the Respondent, and any witnesses.
• You and the Respondent will both receive a report summarizing the evidence obtained during the investigation and have an opportunity to respond to it.
• When the investigation is finished, a hearing will occur (regarding incidents of sexual harassment, sexual assault, dating violence, domestic violence, stalking, and/or retaliation) during which you and the Respondent will be present, with an Advisor, so that a Decision-maker(s) can make a determination of whether the Respondent violated the Bethel College Equal Opportunity, Harassment, & Non-Discrimination Policy & Procedures.
• During the hearing, you and the Respondent will be able to ask questions of each other and the witnesses regarding the incident, through your Advisor.

If you would like to file a report of harassment, discrimination, or sexual misconduct, you may do so through the options below.

• Contact the Bethel College Title IX Coordinator by phone, email, or in-person.
  Janet Fulmer
  Administration Building, Main Floor
  300 E. 27^th St.,North Newton, KS 67117
  Phone: (316) 284-5248
  Email: titleixcoordinator@bethelks.ed
• Online Reporting Form

In the case of an emergency, CALL 9-1-1 for immediate assistance. The Online Reporting Form and email are typically monitored during regular business hours and are not intended for emergency reporting.

The rights afforded to parties involved with the Bethel College resolution processes, as set forth by the Equal Opportunity, Harassment, & Non-Discrimination Policy and Procedures., are outlined in the resource(s) below:

Bethel College Equal Opportunity Policy Due Process Rights

The following are the usual sanctions that may be imposed upon students singly or in combination:

• Warning
• Required Counseling
• Probation
• Suspension
• Expulsion
• Withholding Diploma
• Revocation of Degree
• Organizational Sanctions
• Other Actions: In addition to or in place of the above sanctions, Bethel College may assign any other sanctions as deemed appropriate.

Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include: 

• Warning – Verbal or Written
• Performance Improvement Plan/Management Process
• Enhanced supervision, observation, or review
• Required counseling 
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Reassignment
• Assignment to a new supervisor
• Restriction of stipends, research, and/or professional development resources
• Suspension with pay
• Suspension without pay
• Termination

Other Actions: In addition to or in place of the above sanctions/responsive actions, Bethel College may assign any other responsive actions as deemed appropriate.

• Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal law requiring colleges and universities participating in federal financial aid programs to maintain and disclose campus crime statistics and security information. Reporting is completed and publicized annually by Bethel College.

• FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. This limits Bethel College’s ability to provide certain information to others without your express permission.

• TITLE VII

Title VII of the Civil Rights Act of 1964 (Title VII) is a federal law that prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (CRA) and the Lily Ledbetter Fair Pay Act of 2009 amend several sections of Title VII. In addition, section 102 of the CRA amended the Revised Statutes by adding a new section to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. To ensure compliance with Title VII and other federal and state civil rights laws, Bethel College has developed policies and procedures that prohibit sex discrimination in all of its forms.

• TITLE IX

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. To ensure compliance with Title IX and other federal and state civil rights laws, Bethel College has developed policies and procedures that prohibit sex discrimination in all of its forms.

• VAWA

The Violence Against Women Act of 1994 (VAWA), reauthorized in 2000, 2005, and 2013, is a federal law that expanded the juridical tools to combat violence against women and provide protection to women who had suffered violent abuse. VAWA seeks to prevent and respond to domestic violence, sexual assault, dating violence, and stalking. This law limits Bethel College’s ability to disclose reported incidents to law enforcement without the permission of the reporting party, while also requiring Bethel College to guarantee certain rights, resources, and options are provided to reporting parties in response to any such incidents.

Introduction

As Bethel College employees you are uniquely positioned to assist students and peers who have experienced sexual harassment, sexual violence, dating/domestic violence, stalking, and other forms of discrimination because you often see the warning signs first (e.g., absence from class or work, decreased productivity, lower grades, social withdrawal, etc.). Students and peers typically tell people they trust, so you may be one of the first to whom someone confides.

Mandatory Reporting

All Bethel College employees not identified as confidential or specifically exempted otherwise by College policy are designated as Mandated Reporters for all the details they are aware regarding an incident(s) of discrimination and harassment. They are required to share this information with the College’s Title IX Coordinator. Incidents of discrimination and harassment will be taken seriously when official notice is given and will then be addressed through the Bethel College Equal Opportunity, Harassment, & Non-Discrimination Policy and Procedures.

If Someone Discloses Sexual Misconduct to You … Remember LASRR (‘laser’)

Step 1: Listen

• care for the individual and ensure they are safe
  • If safety is an immediate concern, call 9-1-1
• avoid judgmental questions—don’t ask questions that start with “Why?”

• How to help others? Stay in ‘Car Wreck Mode.’
  • Don’t ever say “It’s going to be ok” or that you “understand.”
  • Don’t ever try to relate your own experience to theirs. Your experience is not theirs.

Step 2: Accept

• tell the individual that you believe them and acknowledge the courage they have shown in talking to you
  • “You are not alone. I believe you. It’s not your fault.”
• don’t blame them or let your facial expression or body language convey doubt or judgment
• because you are not an investigator or adjudicator, your concern should focus on the individual who has disclosed the information to you, rather than on fact gathering or unbiased assessment

Step 3: Support

• tell the individual you are going to help them
  • “Are you Ok? What can I do to help you?”
• your support and belief in the individual may be critical to their safety and healing
  • “You have the right to choose to whom you will speak, what resources you will use, what you say, and when you will say it.”

Step 4: Resources

• refer them to options (e.g., Safehope, local law enforcement, campus counseling, etc.)
• help them make plans, but let them make their own decisions

Step 5: Report

• inform the individual of your reporting obligations
  • “I may be required to report to the Title IX Coordinator, who will oversee your case and make sure you have received appropriate care.”
  • “The Title IX Coordinator will keep your information private and will only share it with those who need to know in order to provide resources to you.”
• report all details to the Title IX Coordinator ASAP

What Do I Say?

Discrimination and harassment—particularly sexual harassment, sexual misconduct, or dating/domestic violence—can be a difficult topic to discuss, particularly given your reporting responsibilities. Below is a suggestion for how you might approach the conversation:

“I appreciate what you have been able to share with me. Before you tell me more, I want to let you know that I will need to contact our Title IX Coordinator. He is the person on campus whose responsibility is to know about incidents like this and he helps support students and coordinate possible next steps. If you would prefer to speak with someone confidentially, let me guide you to our Campus Counselor, our Campus Pastor, or an advocate at Safehope.”

Resources for Employees to Use:

• Bethel College When in Doubt, Reach Out! (Red Flag Folder)
• Bethel College Guide on Sexual Misconduct (aka VAWA Brochure)
• Bethel College Employee Guide for Responding to Sexual Misconduct Disclosures
• Bethel College Student Life Staff Protocol for Sexual Misconduct Disclosures

Oversight Agencies for Reporting Parties, Respondents, & Campus Community:

The following external agencies are available to you should you feel dissatisfied with Bethel College’s response to your situation or if you believe that Bethel College is violating federal or state law.

 

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-1100

Consumer Service Hotline: (800) 421-3481

Fax: (202) 453-6012

TDD: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.edu.gov/ocr

Office for Civil Rights (OCR) Regional Office, Kansas City

U.S. Department of Education

One Petticoat Lane

1010 Walnut Street, 3rd floor, Suite 320

Kansas City, MO 64106

Phone: (816) 268-0550

Fax: (816) 268-0599

TDD: (800) 877-8339

Email: OCR.KansasCity@ed.gov

Kansas Human Rights Commission

900 SW Jackson, Suite 568-South

Landon Office Building

Topeka, KS 6612-2818

Phone: (785) 296-3206

Fax: (785) 296-0589

Email: khrc@ink.org

Website: http://www.khrc.net/

The U.S. Attorney’s Office, District of Kansas

Wichita Office

1200 Epic Center

301 N. Main

Wichita, KS 67202

Civil Rights Hotline: (855) 321-5549

Phone: (316) 269-6481

Fax: (316) 269-6484

 

For complaints involving employees:

Equal Employment Opportunity Commission (EEOC)

Kansas City Area Field Office

Gateway Tower II

400 State Ave., Suite 905

Kansas City, KS 66101

Phone: (800) 669-4000

Fax: (913) 551-6957

TTY: (800) 669-6820

ASL Video Phone: (844) 234-5122

Email: kansascityintake@eeoc.gov

Web: https://www.eeoc.gov/