Title IX: Sexual Harassment, Prevention and Reporting | Bismarck State College

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Title IX: Sexual Harassment, Prevention and Reporting

BSC is committed to a positive learning, working and living environment. BSC will not tolerate acts of sexual harassment or related retaliation against or by any employee or student. In working to achieve this intent, BSC commits to: (1) taking action to stop sexual harassment; (2) taking action to remedy its effects by providing advocacy, support and appropriate referral services for complainants; (3) taking action to prevent recurrence; (4) educating individuals and promoting discussions on interpersonal abuse and violence; and (5) conducting impartial investigation of all reports/notices of sexual harassment through fair, equitable and prompt procedures. Investigations will be independent of and separate from law enforcement investigations of criminal activity.

This policy is required by federal law and implementation of this policy is guided by the U.S. Department of Education, Office of Civil Rights.

Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
  1. An employee of BSC conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to BSC’s educational program or activities; or
  3. “Sexual assault as defined in 20 U.S.C. ch. 1092(f)(6)(A)(v). ‘dating violence” as defined in 34 U.S.C. S 12291(a)(10), domestic violence” as defined in 34 U.S.C. ch. 12291(a)(8), or “stalking” as defined in 34 U.S.C. ch. 12291(a)(30).
BSC encourages all members of the campus community to seek support for and report any sexual harassment directly to the Title IX Coordinator who oversees the BSC’s Title IX compliance.

BSC’s Title IX Coordinator
 
Kaylyn Bondy, Vice President for Student Affairs/Title IX Coordinator
National Energy Center of Excellence, Room #331C
1200 Schafer Street
701-224-5638
kaylyn.bondy@bismarckstate.edu

Immediate confidential counseling is available 24 hours a day.
  • Abused Adult Resource Center 
    (assistance with sexual assault, dating violence, domestic violence, neglect or abuse)
    701-222-8370 or 1-866-341-7009
    abusedadultresourcecenter.com
    218 W. Broadway Ave., Bismarck, ND 58501
Title IX Explained
Title IX-part of a 1972 federal education law- prohibits discrimination on the basis of sex in any federally funded education program or activity. Sex discrimination and sexual violence are forms of sexual harassment. BSC is committed to providing an environment free from discrimination, including based upon sex/gender.

There are a variety of definitions for sexual harassment in both the legal and social realm. The federal definition and law are guided by the U.S. Department of Education, Office of Civil Rights.
 
Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
  1. An employee of BSC conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to BSC’s educational program or activities; or
  3. “Sexual assault as defined in 20 U.S.C. ch. 1092(f)(6)(A)(v). ‘dating violence” as defined in 34 U.S.C. S 12291(a)(10), domestic violence” as defined in 34 U.S.C. ch. 12291(a)(8), or “stalking” as defined in 34 U.S.C. ch. 12291(a)(30).
Next Steps
If someone experiences any form of sexual harassment, they may have a range of concerns, including; physical health, safety, emotional, mental well-being, or medical issues as sexually transmitted infections and pregnancy.  

Friends, loved ones and family members may have feelings regarding your response. The information on BSC’s webpages are meant to provide resources and information for you to make the decisions that are best for you.

Immediate actions to consider: 

Individuals who experience an incident of sexual harassment should consider the following immediate actions:
 
Contact Law Enforcement
Call 911
701-223-1212 - Bismarck Police (administrative)
701-667-3455 - Mandan Police (administrative)

Seek Medical Attention
701-530-7001 - CHI St. Alexius Medical Center (hospital-emergency room)
701-323-6150 - Sanford Health (hospital-emergency room)
 
A medical exam has two goals: first, to treat any injury or physical trauma and to consider the possibilities of sexually transmitted disease or pregnancy and, second, to preserve evidence if you decide to prosecute.

IMPORTANT: Do not bathe, douche, brush your teeth, drink or change your clothing, as you may be destroying evidence you will need if you decide to prosecute. 
 
Contact the Abused Adult Resource Center
 
Who To Contact at BSC
Report Sexual Harassment
 
BSC’s Title IX Coordinator oversees BSC’s Title IX compliance. Responsibilities include:
  • Ensuring prompt and equitable resolutions of complaints
  • Overseeing a centralized reporting process for all sexual harassment and misconduct allegations on campus
  • Tracking and monitoring these allegations
  • Coordinating training, education and prevention efforts
 
Kaylyn Bondy
Vice President for Student Affairs/Title IX Coordinator
National Energy Center of Excellence, Room #331C
1200 Schafer Street
701-224-5638
kaylyn.bondy@bismarckstate.edu
 
Free, Confidential Reporting
 
Students:
BSC Counseling and Advising Center
Bismarck, ND 58501
Student Union (1425 Schafer Street)
Phone: 701-224-2449
 
Employees:
CHI St. Alexius Health Employee Assistance Program (EAP)
Employees Only
1310 East Main Avenue
Bismarck, ND 58501
701-530-7195 or 1-800-327-7195
https://www.chistalexiushealth.org/bismarck/facilities/employee-assistance-program
 
Emergency Assistance
BSC’s Title IX team can assist in a connection with emergency services.
 
Law Enforcement
911 (emergency)
701-223-1212 - Bismarck Police (administrative)
701-667-3455 - Mandan Police (administrative)

Medical Assistance
701-530-7001 - CHI St. Alexius Medical Center (hospital-emergency room)
701-323-6150 - Sanford Health (hospital-emergency room)

Immediate confidential counseling is available 24 hours a day.
  • Abused Adult Resource Center 
    (assistance with sexual assault, dating violence, domestic violence, neglect or abuse)
    701-222-8370 or 1-866-341-7009
    abusedadultresourcecenter.com
    218 W. Broadway Ave., Bismarck, ND 58501
     
How To Report
BSC encourages any member of the campus community who experiences sexual harassment of any form to report directly to BSC’s Title IX Coordinator or fill out the General Concern Report. BSC will discuss supportive measures and information regarding options, including; grievance procedures, reporting options and ongoing support. BSC will assist with support, eliminating the harassment, preventing its occurrence and addressing its effects.

All BSC employees who become aware of an incident of sexual harassment must notify the Title IX Coordinator. The Title IX Coordinator is charged with responding to allegations of sexual harassment. BSC will strive to maintain confidentiality at all times during a grievance process as reports of sexual harassment will be shared only with individuals on a need-to-know basis or as required by law.
 
BSC’s Title IX Coordinator
 
Kaylyn Bondy, Vice President for Student Affairs/Title IX Coordinator
National Energy Center of Excellence, Room #331C
1200 Schafer Street
701-224-5638
kaylyn.bondy@bismarckstate.edu
 
Frequently Asked Questions
How do I file a complaint?

A person who has experienced sexual harassment may file a complaint by contacting the Title IX Coordinator  at 701-224-5638.
 
What should I do if I or a friend may have been sexually assaulted at BSC?

You should consider seeking medical care as soon as possible. Call BSC’s Title IX Coordinator at 701-224-5638 so they can connect you or your friend with medical care. You may consider calling the BSC Counseling and Advising Center for confidential counseling at 701-224-2449. If you need counseling assistance after hours, the Abused Adult Resource Center (701-222-8370) and West Central Human Services Center (701-321-8888) provide confidential crisis counseling to 24/7.

If you wish to pursue a complaint against the alleged perpetrator, or if you wish to discuss your options, you should consult BSC’s Title IX Coordinator at 701-224-5638.


What should I do about preserving evidence of a sexual assault?

Physical evidence of a sexual assault must be collected from the alleged victim’s person within 72 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for longer periods of time. If you believe you have been a victim of a sexual assault, you should go to the nearest emergency room (see Resources tab), before washing yourself or your clothing. Collecting evidence can assist in pursuing criminal charges, should you decide later to exercise it.  If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless).  If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. 

What should I do if I am uncertain about a sexual encounter I experienced?

If you have questions or uncertainty regarding a sexual encounter, you should contact the Campus Counseling Center, the Abused Adult Resource Center or BSC’s Title IX Coordinator (701-224-5638) who can help advise you of your options.

Does the complaint remain confidential?

BSC will make every attempt to safeguard the privacy of the complainant; however, BSC cannot ensure confidentiality in all cases. BSC must weigh the request for confidentiality against its obligation to protect the safety and security of the entire campus. Depending on the circumstances of the offense (the severity of the offense, the number of victims involved, involvement of a minor, etc.), BSC may be required to respond to an incident, even if confidentiality has been requested. Where privacy is not strictly kept, it will be controlled on a need-to-know basis. BSC will observe state and federal privacy laws.

BSC documents sexual harassment statistics consistent with the Clery Act, however no personally identifiable information is reported for the purpose of maintaining these statistics. Identities and specific facts remain anonymous.

Can I make a report anonymously?

Anonymous reports are accepted, however BSC's ability to investigate and resolve anonymous complaints may limited if the information contained in the anonymous complaint cannot be verified by independent facts. 

Do I have to name my assailant?

Yes, if you are seeking formal disciplinary action to be taken.  No, if you choose to informally report and do not file a formal complaint. Not identifying the assailant may limit BSC’s ability to comprehensively investigate or respond.

Will the accused individual know my identity?

Yes, if you file a formal complaint and identify the assailant. The accused individual has the right to know the identity of the complainant.  If no specific name or identity is provided, the data is recorded, but no formal investigation can be conducted.

If I report, I am afraid of retaliation from the assailant or their acquaintances.  What kinds of protection can BSC provide?

It is a violation of BSC policy to retaliate in any way because an individual or group of individuals reports an allegation of sexual harassment. Any acts of alleged retaliation should be reported immediately to the Title IX Coordinator for prompt investigation. BSC will take appropriate steps to protect individuals who fear or who have been subjected to retaliation.            

What if I have a relationship with the person who assaulted me?

It is never okay to force, threaten or coerce someone into a sexual act, even if they are in a relationship.   An intimate relationship does not mean automatic consent is given for any or future sexual acts.

Will my parents be told?

Whether you are the complainant or the respondent, BSC’s primary relationship is to the student and not the parent. BSC officials may directly inform parents when requested to do so by a student, or in certain instances where a health or safety emergency exist.

What do I do if I am accused of sexual harassment?
                                                                                                                                                                            
Do not contact the individual(s) bringing forth the allegations, contact BSC’s Title IX Coordinator who can explain BSC’s procedures for addressing sexual harassment complaints, explain the rights and responsibilities of the complainant and respondent, explain the prohibition against retaliation, and explain the investigation process.

My assailant lives in my residence hall or attends one of my classes.  I am also having difficulty concentrating on my coursework.  How can I change my residence hall and receive help with my courses? 

When warranted by the circumstances surrounding a sexual harassment report, BSC may implement supportive measures. Potential supportive measures may include: counseling, 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 on-campus work or housing locations, leaves of absence, increased security or monitoring of certain areas of campus, and law enforcement resource assistance.

Will an individual be punished when reporting sexual harassment if they have illegally used alcohol and/or drugs?

No. Bismarck State College's primary concern is the health and safety of its students.  BSC’s focus will address the sexual harassment and not lesser policy violations that may be discovered or disclosed.  BSC may, however, provide referrals to counseling or other educational options.

Will the use of alcohol or other drugs affect the outcome of a sexual harassment complaint?

The use of alcohol or drugs by either party will not diminish the responsibility of the accused.  However, alcohol or other drugs can affect memories and may affect the outcome of a case. 

Will either party's prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?

Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.

If I engage in a sexual activity with someone who has been drinking or using drugs, can I be accused of sexual assault?

Yes. It is against BSC’s policy to engage in any sexual activity with someone who is mentally or physically incapacitated, and therefore incapable of giving consent.  Alcohol or drugs may cause such a state of incapacitation. It is unwise to engage in sexual activity while intoxicated.  

Can I file a complaint with BSC and also with the police?  Can I do one and not the other?

Yes. You may take action through both the campus disciplinary system and the criminal justice system. BSC will assist a complainant in making a criminal report and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process to the extent permitted by law.  However, a complainant may also choose not to pursue criminal action, and under most circumstances, the Bismarck Police Department will not force a complainant to pursue charges if he/she is not willing to do so.
                                                                                                                                             
What is the role of the Title IX Investigator?

Designated by the Title IX Coordinator, the Title IX Investigator will conduct a thorough, impartial and fair investigation. The Investigator will coordinate the gathering of information from the complainant, respondent, and other individuals or entities with relevant information regarding the complaint using any of the following processes. The Investigator will prepare an Investigative Report summarizing and analyzing the relevant facts, but will not make a determination as to whether a violation occurred, reserving that decision for the Title IX Adjudicator.  

Who will determine sanctions?

The Title IX Adjudicator will determine the sanctions.

What is the time frame for resolution?

BSC offers both informal and formal resolution of sexual harassment complaints.  BSC will conduct an impartial, fair, and prompt investigation into the allegations, and ensure that actions will be taken to prevent similar actions in the future.  Typically, investigation/resolution of the complaint will occur within 60 calendar days from the time the case is assigned to investigators. If it is anticipated that the investigation/resolution process will take longer than 60 calendar days, parties will be notified in writing indicating the reason(s). 

What should I do if I or a friend experiences sexual harassment on another campus?

If you experience sexual harassment on another college campus, and don’t know how to report the incident to their campus, BSC's Title IX Coordinator can assist you with understanding your options and resources.
 
Resources

BSC Resources

BSC Campus Safety and Security
701-224-2700
Lower level, Student Union

BSC Counseling and Advising Center 
(Free Confidential Reporting)
701-224-5752
Lower level, Student Union
 

Community Resources

CHI St. Alexius Medical Center
st.alexius.org
900 E. Broadway, Bismarck
Emergency Room........................................701-530-7001
Archway Mental Health.................................701-530-7333
Information................................................701-530-7000

Sanford Health
bismarck.sanfordhealth.org
300 N. 7th Street, Bismarck
Emergency Room........................................701-323-6150
Sanford Behavioral Health……….....................701-323-6543
Information................................................701-323-6000
Walk in Clinic Appointments (North)...............701-323-8300
Walk in Clinic Appointments (Downtown) .......701-323-5740

West Central Human Services
nd.gov/dhs/locations/regionalhsc/westcentral/
1237 W Divide Ave #5, Bismarck
Information ………………..……….........................701-328-8888
Crisis Line………………………………….....................701-328-8899
Toll-free..................................................1-888-328-2112

EMERGENCY…………………………………….......................................911

Bismarck Police Department
bismarcknd.gov/
700 South 9th Street, Bismarck
Phone........................................................701-223-1212


Mandan Police Department
mandanpd.com/
205 1st Ave NW, Mandan
Phone........................................................701-667-3455

Abused Adult Resource Center (Abuse, Neglect & Rape)
abusedadultresourcecenter.com/
218 W. Broadway Ave., Bismarck
If a medical emergency or a crime is in progress call 911
Phone........................................................701-222-8370
Toll-free (after hours).............................. 1-866-341-7009
 
Rights and Responsibilities
The purpose of the BSC Student Rights and Responsibilities booklet is to protect individuals, the campus, and the college community as well as create an environment conducive to achieving the mission of the College.
 
Title IX Staff & Training
Title IX Coordinator     
Kaylyn Bondy, kaylyn.bondy@bismarckstate.edu, 701-224-5638

Deputy Title IX Coordinator     
Nicole Mikkelsen, nicole.mikkelsen@bismarckstate.edu, 701-224-5427

Title IX Investigators    
Heather Sheehan, heather.sheehan@bismarckstate.edu, 701-224-5456
Kate Millner, katharine.millner@bismarckstate.edu, 701-224-5666
John Carroll, john.w.carroll@bismarckstate.edu, 701-224-5491
 
Title IX Note Takers/Supportive Measures       
Rhea Messmer, rhea.messmer@bismarckstate.edu, 701-224-5761
Deann Burgard, deanna.burgard@bismarckstate.edu, 701-224-5684
 
Title IX Advisors           
Karen Erickson, karen.erickson@bismarckstate.edu, 701-224-5424        
Bruce Emmil, bruce.emmil@bismarckstate.edu, 701-224-5758
Mari Volk, mari.volk@bismarckstate.edu, 701-224-5580
Amy Juhala, amy.juhala@bismarckstate.edu, 701-224-5760
 
Title IX Adjudicator      
Jay Meier, jay.meier@bismarckstate.edu, 701-224-2701
 
Title IX Appeal Officers
Dan Leingang, daniel.leingang@bismarckstate.edu, 701-224-5525
Rebecca Collins, Rebecca.collins@bismarckstate.edu, 701-224-5476
 
BSC Law Enforcement  
Nate Welk, nathan.welk@bismarckstate.edu, 701-224-2649
Matt Giddings, matthew.giddings@bismarckstate.edu, 701-224-5789

BSC Title IX Staff Training Team