SECURITY:  STUDENT RIGHT-TO-KNOW AND CAMPUS SECURITY ACT

SECURITY is in place on the Presentation College campus to protect the well being of all students and employees.  All unauthorized persons will be asked to leave the Presentation College buildings and grounds.  Persons sitting in cars in the parking lots and on the campus grounds will be asked to enter the buildings or leave the campus.  Security personnel notify the Police Department and when issues/problems arise, as appropriate.

The Student Right-to-Know and Campus Security Act of 1990 (PUBL. 101-542) requires each institution that receives federal aid funds to “publish and distribute an annual security report containing campus security policies and procedures as well as campus crime statistics for each campus.”  This report is on file in the Dean of Students Office and is also included in this document.  A Security Report is provided as a means to apprize prospective students as well as current students and staff of the Campus Crime incidents as gathered and reported by the Aberdeen Police Department.  The publication and distribution of this report are also mandated by the Federal Government as described in this manual.

Information regarding crimes, accidents or potentially sensitive incidents occurring on the Presentation College campus will not be released immediately to the general public without Presidential approval and the knowledge of the Public Relations Director.  In the event of an on-campus crime, certain information will not be released at any time.  This includes:  the victim’s name, exact location of the crime, the alleged perpetrator, and any details of the crime itself.  All inquiries about the crime and its investigation are to be referred to the Aberdeen Police Department.

In the event of a murder/death, information deemed public/directory by the Family Educational Rights and Privacy Act of 1974 may be released following the initial police investigation and notification of next of kin (by police, coroner or College official).  Inquiries regarding the circumstances of death are to be referred to the Brown County Coroner’s Office, while inquiries regarding the investigation are to be referred to the Aberdeen Police Department.  In the event of a student committing a crime on or off campus, the College will verify that the person is a student.

Only institutional officials (e.g. Registrar, Dean of Students, and Director of Communications) may release public information.  Information about academic performance (i.e. grades, probationary status, etc.) is not released under any circumstances. Presentation College’s crime report data may be viewed at http://ope.ed.gov/security. 

THE CAMPUS SECURITY ACT AS AMENDED BY THE SEXUAL ASSAULT VICTIMS BILL OF RIGHTS

The Campus Security Act (P.L. 101-542, November 8, 1990) requires that each institution receiving Title IV funds annually publish and distribute a Security Report to each current student and employee.  Prospective students and employees must also be informed of the availability of the report and be given a summary of its contents and an opportunity to request a copy.

Procedures and facilities for reporting crimes.  The security personnel employed by the College keep a detailed report of any happenings and crimes that may be reported.  The security personnel distribute their reports to the Director of Security/Buildings and Grounds and to the Dean of Students.

The institution’s policies for responding to these reports.The institution may respond to these reports through a number of administrative channels.  In most instances involving crimes, the institution will call upon the community Police Department to act as the patrolling agent and the College will work cooperatively with this agency.  In cases involving additional students and/or other concerns such as a major crime the institution may call on its Crisis Management Committee to address counseling concerns and the impact the crime may have on other students, staff, faculty or the entire College and Convent community.

The institution’s current policies with respect to the security of and access to its facilities.  The Campus in Aberdeen provides staff to lock the buildings and respond to any calls in the early evening Monday through Friday.  At night the security to the main building in Aberdeen is monitored through a Dentco Card system, and professional security personnel patrol the grounds and building and respond to any calls.  Surveillance cameras have also been installed at the entrance to the main building.  All student suite entrances are monitored through a Dentco Card system.  All suites and bedrooms are individually secured.  The resident suites manager and resident assistants provide security at the student suites.

The Fairmont facilities, located in the SMEC building, are locked by the city Police Department between 11:00 p.m. and 7:00 a.m., Monday through Friday and on weekends.

The Lakota Campus facility is locked during the evenings at 9 p.m. by the Campus maintenance worker, whose responsibilities include securing the building.  The building is opened in the morning by a member of the Lakota Campus staff.  The building opens at 8 a.m., dependant upon scheduled classes. 

The enforcement and arrest authority of campus police and their relationship to state and local police. 

The enforcement and arrest authority at Presentation College rests with the Aberdeen, Eagle Butte, and Fairmont Police Departments.  Currently, security personnel hired by the College and staff members who assist with monitoring the buildings contact local law enforcement, as appropriate.

Institutional policies that encourage accurate and prompt reporting of all crimes to campus security and appropriate police agencies. The College works closely with the community Police Departments to comply with the necessary reporting of all crimes on campus.  The Aberdeen, Eagle Butte, and Fairmont Police Departments agree to provide Presentation College with the statistics needed to file this and other reports.

A description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and encourage students and employees to be responsible for their own safety.

A description of programs to inform students and employees about crime prevention.  The College presently provides programs designed to inform students about the prevention of crimes through student programming sessions and leadership training programs.  Programs to inform employees on the prevention of crimes on campus are scheduled for the current academic year.

Statistics on the 2005-2006 occurrence of:

a.  Murder                                                         0

b.  Sexual offenses (forcible or non-forcible)    0

c.  Robbery                                                        0

d.  Aggravated Assault                                      0

f.  Burglary                                                         1

g.  Motor Vehicle Theft                                     0

h.  Manslaughter                                                0

i.   Arson                                                             0

e.   Statistics of crimes of murder, forcible rape, and aggravated assault where there is evidence or prejudice based on race, religion, sexual orientation or ethnicity.    0      

A statement of policy concerning monitoring and recording through local police of criminal activity engaged in at off-campus locations of student organizations recognized by the institution including their off-campus housing facilities. The Aberdeen, Eagle Butte, and Fairmont Police Departments publish an “incident listing by location” report.  This report includes the type of incident, incident number, date, and other descriptive data.  This report is made available to the Dean of Students upon request.

Statistics on arrests for:

a.  Liquor law violations                                      0       

b.  Drug abuse violations                                    0              

c.  Weapons possessions                                    0 

d.  Statistics on the above three that manifest evidence of prejudice based on race, religion, ethnicity, and sexual orientation                                         0

A statement of policy concerning the Campus Sex Crimes Prevention Act.  Under section 170101(j) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(j)), adds a new disclosure to the list of disclosures an institution must provide in its annual security report to students and staff.  In this disclosure, an institution must inform members of the campus community of the means by which they can obtain information about registered sex offenders who may be present on campus.  The sex offenders list may be found at the following websites through the internet:

 a.  Aberdeen, SD                     www.aberdeen.sd.us/police/offender/offenderlist.html

 b.  Eagle Butte, SD                  http://dci.sd.gov/Administration/id/sexoffender/index.asp

 c.  Fairmont, MN                      www.doc.state.mn.us/level3/Search.asp

 d.  Sioux Falls, SD                    www.siouxfalls.org/police/sexoffender

A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws.  South Dakota Law, in reference to underage drinking (35-9-2), states that purchase, possession or consumption of alcoholic beverages or, the misrepresentation of age is, classified as a Class 2 misdemeanor for any person under the age of twenty-one years; to purchase, attempt to purchase, possess or consume, except when consumed in a religious ceremony and given to said person by an authorized person, alcoholic beverages, except low-point beer, or to misrepresent age for the purpose of purchasing or attempting to purchase such alcoholic beverages from any licensee as defined by this title is illegal.

Minnesota Law, in reference to underage drinking (340A.503.1.A.2), states it is unlawful for a person under the age of 21 years to consume any alcoholic beverages.  If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian.

A statement of policy concerning the possession, use, and sale of illegal drugs and enforcement of federal and state drug laws.  Presentation College is a drug-free institution and has adapted a public policy stating such.  The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by students and employees is prohibited.  According to Federal guidelines, Presentation College must and will enforce this policy and will take action for violations.  Penalties can include fines and imprisonment for employees, and students are subject to suspension and loss of financial aid.  Persons in need of professional assistance should contact the Dean of Students Office for the proper referral to drug counseling, rehabilitation, or employee assistance programs.  Presentation College has in place a Crisis Management Committee to inform students and employees of serious and/or threatening situations, the procedures being followed, and counseling services available if needed.  A Crisis Management Plan is in place and is updated annually.

THE SEXUAL ASSAULT VICTIM’S BILL OF RIGHTS

Federal Law (P.L. 102-325) requires each institution receiving funding under Title IV to develop and distribute with the Security Report a policy statement regarding programs to prevent sexual offenses and procedures to follow when a sexual offense occurs.  The policy must include:

A description of the educational programs that promote awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses.  Programs currently offered by Presentation College include workshops available to the entire student body, educational and informational booklets available through the Dean of Students educational display area, and information addressed through Student Leadership training sessions.

Procedures to follow if a sex offense occurs including:

• Whom to contact
• The importance of preserving evidence
• To whom to report the crime.

This information is provided by Presentation College through programming sessions, the educational display area, and resident student information sessions.

Information on the option to notify law enforcement authorities including on-campus and local police and a statement that institutional officials will assist in that notification if requested.  Presentation College cooperates fully with the Aberdeen, Eagle Butte, and Fairmont Police Department involving any alleged sexual assault.  Students are instructed to notify any on-campus security personnel, College employee, or the local police department via 911, and are informed that College personnel will assist in notifying law enforcement, if the student prefers.

Notification of on/off-campus counseling and mental health or other victim services.  Presentation College offers professional counseling assistance to students through a referral program.  Students receive referral information by contacting the Dean of Students office at 229-8395.

Notification that the institution will change the academic and living situation of a victim after an alleged offense and the option for those changes if requested by the victim and reasonably available.

Presentation College will adapt the academic and living situation on-campus for any student involved in a sexual assault upon request and provide other courses/classrooms/residence accommodations when they are reasonably available.

Procedures for campus discipline including a clear statement that:

The accuser and the accused are both entitled to have others present during the hearing.

Both shall be informed of the outcome of the hearing in which a sexual offense was alleged (final determination and sanction if imposed).  The regulations state the compliance with this requirement will not violate FERPA.

The Code of Student Conduct at Presentation College provides for the procedures as required by the campus discipline process.  The Code of Student Conduct is printed in a separate section of this Handbook which is to all students.  Additional copies are available through the Student of Students Office.

NON-DISCRIMINATION AND HARASSMENT POLICY

Presentation College is committed to a learning and work environment in which all individuals are treated with respect and dignity.  Each individual has the right to learn in a professional atmosphere that promotes equal learning opportunities and prohibits discriminatory practices, including harassment.  Therefore, Presentation College expects that all relationships among persons in the College will be professional and free of illegal bias, prejudice and harassment.

Equal Employment Opportunity (EEO)

It is the policy of Presentation College to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, age, disability, marital status, citizenship or any other characteristics protected by law.  Presentation College prohibits any such discrimination or harassment.

Retaliation is Prohibited

Presentation College encourages reporting of all perceived incidents of discrimination or harassment.  It is the policy of the College to investigate such reports.  Presentation College prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports.

Definitions of Harassment

Sexual Harassment:  Sexual Harassment constitutes discrimination and is illegal under federal and state laws.  For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when for example:

·         Submission to such conduct is made either explicitly or implicitly a term of a student’s enrollment or continued enrollment.

·         Such conduct has the purpose or effect of unreasonably interfering with a student’s academic performance or creating an intimidating, hostile or offensive learning environment.

Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender.  Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature.

Harassment:  Harassment based on any other protected characteristics is also prohibited.  Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of race, color, religion, sex, sexual orientation, national origin, age, disability, marital status, citizenship or any other characteristics protected by law or that of relatives, friends or associates, and that (1) has the power or effect of creating an intimidating, hostile or offensive learning environment; (2) has the purpose or effect of unreasonably interfering with a student’s academic performance; or (3) otherwise adversely affects a student’s learning opportunities.

Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group and that is placed on walls or elsewhere on the College’s premises or circulated in the College. 

Individuals and Conduct Covered

These policies apply to all applicants, employees and students whether related to conduct engaged in by fellow students or someone not directly connected to Presentation College.  Conduct prohibited by these policies is unacceptable in the College and in any College-related setting outside the College, such as during field trips, meetings and school-related social events.

Reporting an Incident of Harassment, Discrimination or Retaliation

Presentation College encourages reporting of all perceived incidents of discrimination, harassment or retaliation, regardless of the offender’s identity or position within the College. 

Individuals who believe they have been the victims of such conduct should discuss their concerns with their advisor, the Security person on duty or the Director of Human Resources.  See the Complain Resolution Procedure described below.  In addition, Presentation College encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that her/his behavior is unwelcome and request that it be discontinued.  Often this action alone will resolve the problem.  Presentation College recognizes, however, that an individual may prefer to pursue this matter through informal or formal resolution procedures.

Complaint/Resolution Procedure

Informal Procedure

An individual reporting harassment, discrimination or retaliation should be aware that Presentation College may decide it is necessary to take action to address such conduct beyond an informal discussion.  This decision will be discussed with the offender/respondent.  The best course of action in any case will depend on many factors and, therefore, the informal procedure will remain flexible.  Moreover, the informal procedure is not a required first step for the complainant.

Formal Procedure

Presentation College encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained.  Early reporting and intervention have proven to be the most effective method resolving actual or perceived incidents of harassment.

Presentation College will assist the complainant with completing a Sexual Harassment Complaint Form.  To ensure the prompt and thorough investigation of a sexual harassment complaint, the complainant should provide as much of the following information as is possible.

·         The name, department, and position of the person or persons allegedly causing the harassment;

·         A description of the incident(s), including the date(s), locations(s), and the presence of any witnesses;

·         The steps already taken to try to stop the harassment; and

·         Any other information believed to be relevant to the harassment complaint.

Presentation College is responsible for ensuring that an impartial investigation begins within ten (10) working days after a complaint has been filed.  Presentation College attempts to complete investigations within fifteen (15) working days. Except in the most unusual circumstances, investigations must be completed within thirty (30) working days.

In most cases the Human Resources Department conducts the investigation.  However, the Human Resources Department might appoint an independent outside investigator to lead the investigation, if necessary to expedite the resolution of a complaint or resolve any potential conflict of interest.  In any case, a second person-usually a Human Resources representative-should accompany the primary investigator during all interviews with the complainant, respondent, and witnesses so that information obtained during the interviews can be corroborated.

The investigator contacts the respondent, gives him or her a copy of the complaint, solicits the respondent’s account of the alleged incidents, informs the respondent that a recommendation and report will be prepared, and advises the respondent of her/his right to be represented by legal counsel.

Human Resources or a designated investigator prepares a written report and recommendation immediately following the completion of the investigation.  Except in the most unusual circumstances, the report must be completed within 15 working days after the completion of the investigation.

The report and recommendation must include:

·         A summary of the complaint.

·         A summary of the response by the individual charged with harassment.

·         A summary of the statements and evidence obtained during the investigation.

·         A finding of whether a violation of this policy occurred and an explanation supporting the finding.  If a violation occurred, the finding must include a statement about the severity of the violation.  (NOTE: Policy violations can include prohibited sexual harassment as well as a frivolous sexual harassment complaint.)

·         A summary of prior settlements or substantiated complaints against the respondent.

·         A recommendation of a sanction, if appropriate.

·         A recommendation as to the restoration of any employment terms, conditions, or opportunities the complainant might have lost as a result of sexual harassment.

A copy of the report and recommendation must be sent to the College President.  After consideration of the report, the President may agree to one of the following:

• Sustain the complaint, order the harassment to stop, impose appropriate sanctions on the harasser, and provide any other relief necessary to remedy the situation, including but not limited to training, referral to counseling and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay or termination, or suspension from school, as Presentation College believes appropriate under the circumstances.

• Order further investigation, for a period not to exceed 10 working days, and require a supplementary report and recommendation.

• Dismiss the complaint, if it is found to be without merit.  The President must impose discipline against the complainant if she/he agrees with the investigation’s findings that the complaint was frivolous or malicious.

Once the recommendation and report have been approved, copies are provided to both the complainant and respondent. The Human Resources representative meets with the respondent to explain the decision and implement any corrective action or discipline.

Either party can respond in writing to the report and decision within 10 working days to begin an appeal under Presentation College’s grievance process.  Confidentiality will be maintained throughout the investigation process to the extent consistent with adequate investigation and appropriate corrective action.

Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed.  If a party to the complaint does not agree with its resolution, that party may appeal to the College President.  False and malicious complaints of harassment, discrimination or retaliation as opposed to complaints which, even if erroneous, are made in good faith, may be the subject of appropriate disciplinary action.

Conclusion

Presentation College has developed this policy to ensure that all its students can learn in an environment free of harassment, discrimination and retaliation.  The College makes every reasonable effort to ensure all concerned are familiar with these policies and aware that any complaint will be investigated and resolved appropriately.

These policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in school-related social activities or discussions.  No one should make the mistake of engaging in discrimination or exclusion in order to avoid allegations of harassment. The law and the policies of the College prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and prerequisites of employment.  The prohibitions against harassment, discrimination and retaliation are intended to complement and further those policies, not to form the basis of an exception to them.

FIREARMS AND OTHER LIFE-ENDANGERING INSTRUMENTS

Private possession of firearms, ammunition and life-endangering instruments, fireworks and water guns of any kind are prohibited on campus.  See the Code of Student Conduct for further information.

MAIN CAMPUS FIRE SAFETY PROCEDURES

Presentation College has established the following fire safety procedures:

In the event of any fire alarm at the College, all persons must respond immediately.

If a fire is discovered:

• evacuate the area immediately
• Notify the fire department by pulling the nearest pull station (located at the ends of each corridor of the main building) or to report the fire by phone, call 394 if on campus or from the suites, or dial 9-911.
• When evacuating, close all doors in the fire area including hallway doors.  Evacuate by the nearest exit.
• The first person exiting the building through any doorway is to brace the door open (when hooks are available) or hold it open for others exiting.
• After exiting the building, all persons must be at least 50 feet from the building.  If exiting through the foyer doors of the main building, continue across the street to the commons area between the Nursing/Social Work Building and the Wellness Center.

·         After exiting the Student Suites, go directly to the center of the parking lot.

·         Wait until the all-clear signal is given.

Each department area (offices, classrooms, student life areas, etc.) is to designate two monitors for that area.  In the event of any alarm, the monitor (or backup monitor) will be the last person to leave the area after checking to be certain all persons have left and windows and doors are closed.  The first concern is for the safety of people to be evacuated.  In the event of imminent danger, windows and doors are to be ignored.

PLEASE NOTE:  THESE PROCEDURES ARE STATE LAW AND MUST BE FOLLOWED. 

ALL PERSONS WITHIN THE BUILDINGS MUST EVACUATE WHEN AN ALARM SOUNDS.

Cooperation in ensuring safety for all is essential.

FIRE ALARM SYSTEM

Presentation College has heat and smoke detectors which will automatically react (alarm will sound) to heat, smoke or certain ionization changes.  The alarm system sounds at the closest fire station, dispatching fire fighters immediately.  The alarm also sounds in the College buildings.  Doors that divide main halls are automatically closed when a fire alarms is triggered to prevent fire, smoke and heat from traveling through halls.  These doors must never be encumbered by doorstops or other obstacles which prevent the system from functioning.  The Student Suites have heat and smoke detectors and a sprinkler system.

TORNADO SIRENS

If tornado sirens sound during regular business hours, all persons in and coming into the main building to go to the first floor, southeast and northeast hallways.   Presentation College Security or Maintenance personnel will unlock the main entrance door if tornado sirens sound after regular business hours and will provide direction to the first floor.  Students residing in the Student Suites should seek shelter in the interior hallway between the bedrooms and bathrooms. 

FAIRMONT CAMPUS FIRE SAFETY PROCEDURES

Routes for exit during an actual fire or fire drill are designated with illuminated “EXIT” signs on each floor of the SMEC Building.  The person finding the fire should:

1.       Alert personnel in immediate area, who will call the fire department.

2.       Close door in fire area to confine fire and smoke.

3.       Evacuate premises.

During evacuation, all faculty, employees and students will leave the building and travel to a predetermined point outside the building.  Those incapacitated should be assisted out of the building.

1.       Faculty, staff, and students will meet in the parking lot behind the building.

2.       Faculty are to escort their students out of the building and take a head count to ensure everyone is accounted for.

ALL CLEAR       No one is to enter the building until the ALL CLEAR has been given by the director or designee announcing: “All clear, you may return.”

Fire Procedure for School Personnel:

Immediately upon receiving a report of a fire, the school personnel has the following responsibilities

1.       Call the Fire Department, 911 or (235-5289) and give the exact location of the fire.

2.       The person in charge will activate the nearest fire alarm if it has not been activated.

3.       Person in charge will be the last the leave the building.

4.       Will announce the ALL CLEAR when it is deemed appropriate to do so.

Eagle Butte CAMPUS FIRE SAFETY PROCEDURES

Routes for exit during an actual fire or fire drill are posted in each room on the Lakota Campus.  The person finding the fire should:

1.    Alert personnel in immediate area, who will call the fire department.

2.    Close door in fire area to confine fire and smoke.

         3.        Evacuate premises.

During evacuation, all faculty, employees and students will leave the building and travel to a predetermined point outside the building.  Those incapacitated should be assisted out of the building.

1.       Faculty, staff, and students will meet on the west side of the building along the western perimeter of the fence.

2.       The Faculty members are to escort their students out of the building and take a head count to ensure everyone is accounted for.

3.       A monitor will be stationed at each of the exits to ensure that no one enters the building until it is safe to return to the building.

ALL CLEAR    No one is to enter the building until the ALL CLEAR has been given by the designated monitor announcing: “All clear, you may return.”

Fire Procedure for School Personnel:

Immediately upon receiving a report of a fire, the school personnel has the following responsibilities: