Sexual Assault Prevention and Response
SKC maintains the disciplinary powers to protect its educational purpose.  This is done through the setting of standards of scholarship and conduct and through the regulations of the use of its instructional facilities and Campus Residences.  See section on Campus Conduct Code in the SKC Student Handbook.

All Complaints are Directed to the Associate Vice President.
Whether the complaint is one of academic, personal, or sexual misconduct, the procedure is:

  1. Notify the Associate Vice President as soon as possible.  This notification need not be in writing.  Notification should be within 30 days of the misconduct.  Misconduct reported after 30 days may be investigated, but type and level of possible sanctions will be affected.  Incidents of sexual misconduct may be investigated up to 3 years after occurrence. 
  2. It is expected that any emergency or criminal misconduct will be reported to the CS&K Tribal Law Enforcement Department.  Campus code affects students/staff status only.
  3. Given the size and culture of the SKC community, informal resolution is the most desirable route.  A win-win agreement will be the goal.  This does not mean to indicate that a person will not be sanctioned as outlined in this code.  Rather, that the welfare of the person violated and the SKC community will be of higher priority. 
  4. A written statement will be generated.  This may be by the complainant/victim at the request of the Associate Vice President or may be compiled by the Associate Vice President from the verbal report given at the initial notification.  A written statement will be generated.  This may be by the complainant/victim at the request of the Associate Vice President or may be compiled by the Associate Vice President from the verbal report given at the initial notification. 
  5. The Associate Vice President or designee will attempt to reach agreement on resolution with appropriate parties within 5 days of the notification.

B. POLICY SPECIFIC TO SEXUAL HARASSMENT/ASSAULT

  1. Persons notifying the Associate Vice President of a sexual offense will be referred to an Advocate.  The advocate will inform the victim as outlined in the Sex Offense Guidelines under the Higher Education Act of 1992.  The Advocate will work with the victim as requested by the victim.
  2. Sexual Harassment potentially violates items 2, 3, and/or 6 of the Campus Code.  See Addendum for definitions.
  3. Procedure for reporting and resolution is outlined in A. above.

C. IF INFORMAL RESOLUTION IS NOT ACHIEVED

  1. Formal, written charges, indicating specific code violations are presented to the accused the 5th day after notification of the incident to the Associate Vice President.
  2. A hearing is set for no longer than 15 days after the charges are presented.
  3. A hearing is held before the Associate Vice President (or designee) OR in cases of a more serious nature, the student may choose a hearing before a Student Rights and Responsibilities Committee.
  4. Recommendations by a designee or the Student Rights & Responsibilities Committee are to be forwarded to the Associate Vice President no later than 3 working days after the hearing.  Decisions are to be communicated to the accused no later than 5 working days after receipt of the recommendations.  Victims may request to be notified of the outcome of the hearing, including sanctions.

D. HEARING PROCEDURES

  1. All hearings will be private if requested by the accused student.  In a hearing involving more than one student, severance will be allowed if requested.
  2. An accused student has the right to be represented by an advisor of his or her own choosing from within SKC.
  3. Any party to the proceedings may request the privilege of presenting witnesses subject to the right cross-examination by the other parties.
  4. Production of records and other exhibits may be required and a record will be kept of the proceedings.
  5. In cases of probation or suspension, the student may have a choice of one of the following:
  6. Recommendation for the imposition of sanctions is based upon evidence in support of the charges and not on the failure of the accused student to answer charges or appears at the hearing.
  7. A panel that includes the Associate Vice President or designee and 2 faculty/staff members will hear cases against a faculty/staff person.  The format will be the same as for student hearings. Decision is responsibility of the Associate Vice President, upon receiving recommendations from the panel.

E. RIGHT OF APPEAL

  1. The decision of the Associate Vice President is final unless the student elected to appear before the Student Rights & Responsibilities Committee.
  2. The decision of the Committee is final, subject only to the student's right of appeal to the President of the College.  The President may request a review, but the final decision rests with the Committee.

F. SANCTIONS
Following a hearing, any one or more of the following may be imposed:

  1. No action  - charges are dismissed.
  2. Warning:  a written or oral reprimand for violation of specific regulations, including the possibility of more severe discipline sanctions in the event of another violation within a stated period of time
  3. Disciplinary probation: exclusion from participation in privileged activities as specified in writing for a period of time not to exceed one school year.
  4. Educative/counseling/creative interventions with specific goals, related to the offense, and measurable.  Examples are:  counseling; attending workshops; community service; essay.
  5. Restitution:  Reimbursement for damage to or misappropriation of property.  This may take the form of appropriate service or other compensation at the discretion of the Associate Vice President.  This may include written or verbal apology.
  6. Suspension:  exclusion from classes, other privileges or activities as specified in writing for a definite period of time not to exceed two years.                         

G. INTERIM RESTRICTIONS

  1. The Associate Vice President or designee may impose interim sanctions on a student pending a hearing if there is reason to believe that the student's conduct poses an imminent and substantial threat of injury or interference with persons or property.
  2. The Associate Vice President will meet with the student and inform them of the basis of the interim sanction and offer the student an opportunity to explain.  The Associate Vice President may modify or delete the sanctions or may allow them to stand.

A hearing shall be scheduled as soon as possible and no later than 10 days after the interim sanctions are imposed.  The student may request a delay.