Grace College and Seminary Policy on Sexual Harassment, Sexual Misconduct, and Sexual and Physical Assault Policy: Harassment based on protected characteristics, physical and sexual offenses and assault, stalking, and battery violate our federal and state laws as well as the overall policies of Grace College and will not be tolerated. Grace College and Seminary is committed to the views outlined in Scripture regarding sexual misconduct (I Thess. 4:3–8, I Cor. 6:12–20). Sexual misconduct is a serious violation of Grace regulations. Sexual purity is the standard for moral behavior for the believer, and members of the Grace College community are to abstain from sexual behavior explicitly prohibited in Scripture. These include, but are not limited to, rape, sexual assault, sexual harassment, sexual promiscuity, adultery, oral sex, sex outside of marriage, homosexual acts, homosexual behavior, or promotion of a homosexual lifestyle, and/or overly affectionate or prolonged public displays of affection. All members of the Grace community are expected to abstain from sexual immorality and misconduct. Grace College and Seminary teaches and promotes abstinence from any and all sexual activity or expression outside the covenant of marriage. Applicability: This policy applies to all employees and all students in all divisions (e.g., graduate, seminary, and undergraduate), all delivery formats (e.g., online or residential), all locations (e.g., on the Winona Lake campus and at other locations), and all use of social media (e.g., Facebook, Twitter, cell phones). This policy is intended to protect and assist victims of assault, battery, stalking and other harassment as well as others involved during the investigation of reports of assault. This protection is extended during all stages of the process, from investigation to the disposition of the allegation. Definitions Protected Characteristics Race, ethnicity, sex, age (over 40), national origin, disability, or Vietnam era veteran status. Transsexualism, transgenderism, and gender identity are not protected characteristics but the fact that they are not protected characteristics does not mean that harassment or other objectionable conduct based on those characteristics is condoned by Grace College. Assault An intentional act that causes someone to have reasonable fear of imminent bodily harm. For cases involving actual bodily harm, see "Battery." Intent That which is done for the purpose of causing a particular result or with the knowledge that the result is likely to occur. The actor does not have to want the result to occur if he/she is, or should be under all the circumstances, aware that the result is likely to occur. 340486 v5 11/21/14, revised o9/24/15 Battery Intentional and wrongful physical contact with a person causing injury or offensive touching. Battery includes rape, whether or not accompanied by force (including “date rape” or “acquaintance rape”). Sexual Harassment Any uninvited sexual advances, touching, fondling, or bodily contact, requests for sexual favors, other verbal or physical conduct of a sexual nature, and any other contact which creates or tends to produce a hostile environment based on an individual’s sex. Protected Characteristic Harassment Any uninvited conduct that creates or tends to produce a hostile environment based on an individual’s protected characteristic. Consent Voluntary agreement or acquiescence. Stalking Unwanted, unprivileged following, contacting or pursuing. Counseling Center The institution’s counseling center will provide counseling support to local students who are victims of conduct that is the subject of this policy or others affected by the conduct, and it will make available to all students and employees a list of off-campus counseling and mental health agencies that provide services for victims of this conduct. Procedures A. Victims/Witnesses to Offenses Individuals who have been the victim of conduct that is the subject of this policy or who have witnessed such conduct should take the following immediate steps: 1. Students or employees living locally near the Winona Lake campus should immediately call 911 or contact the Winona Lake Police Department (574-267-8622) or the Warsaw Police Department (574-372-9511). All others should call 911 or contact their local law enforcement office. a. Victims of sexual assault may request that authorities refer to them using a pseudonym when making a report to law enforcement to preserve confidentiality, but law enforcement will generally require individuals to supply their real name to authorities. 340486 v5 11/21/14, revised o9/24/15 b. Interviews with law enforcement professionals will also include options related to filing criminal charges and the pursuit of a restraining or protective order. 2. If the accused perpetrator is a Grace student or employee, all victims, in addition to reporting to local law enforcement, should report the incident to their Grace Campus Safety Office or Site Director. 3. To avoid destroying forensic evidence, victims of sexual battery should not bathe, shower, or change clothing until appropriate evidence can be evaluated and preserved. 4. Seek professional attention from available medical, counseling, and/or mental health resources. B. Institutional Procedures Independent of decisions made by the victim or witness to address the issue, Grace retains the right to investigate and impose disciplinary action in a case of offenses alleged against by or against a Grace student or employee. C. Students Institutional investigations of students related to conduct that is the subject of this policy follow the disciplinary procedures outlined in the Student Handbook (including, where specified in the handbook, that both the accuser and accused are entitled to the same opportunities to have others present during disciplinary proceedings and that both will be informed of the outcome of any disciplinary proceeding). The Vice President of Academic and Student Services or the Dean of Students may choose to meet with the victim prior to notifying the accused perpetrator. Discipline that may be imposed upon a student found to have perpetrated an offense referred to herein includes, but is not limited to, disciplinary probation, required counseling, residential relocation, academic rescheduling, and/or suspension or dismissal from Grace. The institution will, upon written request, disclose to the alleged victim of any violation of this policy the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of the crime or offense, the information shall be provided, upon request, to the next of kin of the alleged victim. D. Employees Institutional investigations of employees related to physical and sexual assaults follow the involuntary dismissal procedures outlined in the Employee Handbook. This includes causes for 340486 v5 11/21/14, revised o9/24/15 immediate termination (i.e., not requiring a two-week notice) such as, but not limited to, sexual harassment. Any employee who believes that he/she has been the subject of conduct that is the subject of this policy should report the alleged act immediately to his/her supervisor and Director of Human Resources. The complaint will be investigated and may include local law enforcement involvement. The employee will be advised of the findings, which, to the extent possible under the law, will be kept confidential. E. Reporting Assault and Misconduct All students, faculty, and staff are asked to report to the Title IX Coordinator cases of conduct that violates this policy by or against any student, employee, volunteer, or vendor. F. Title IX Coordinator and Investigators The Grace College Title IX Coordinator is Dr. Carrie Yocum, Vice President of Administration and Compliance. Title IX investigators are Lisa Harman, Director of Human Resources (for those involving employees), and Dr. Jim Swanson (for those involving students). Anyone can make a complaint about conduct that violates this policy to the Title IX Coordinator; however, complaints involving a student who has allegedly committed the discrimination/ harassment will be referred to the Vice President of Student and Academic Services. Vice President, Administration and Compliance ...................574-372-5100 x6491 Director, Grace College Human Resources ............................574-372-5100 x6074 Vice President, Student Affairs and Academic Services ........574-372-5100 x6473 Educational Programming The Student Affairs staff provides educational programs for students and employees to promote the awareness of sexual assault and sexual misconduct, including the type that are the subject of this policy. Campus safety also provides basic information regarding safety and reporting procedures. R.A.s and R.D.s are trained to report such offenses and how to provide support to a student who has experienced a physical or sexual offense. The Department of Human Resources provides education to employees regarding the awareness and reporting of sexual assault and sexual misconduct. Support for Victims Grace’s Counseling Center, located in Indiana Hall, provides counseling, support, and assistance for students who are victims of physical and sexual assault and harassment regardless of whether the incident happened on campus or was perpetrated by another Grace student or employee. 340486 v5 11/21/14, revised o9/24/15 In addition, the Grace Counseling Center provides more information about local resources for residential students and assists in making referrals for employees or commuter, online, and other Grace students who desire counseling, support, or information in their local communities. The Office of Student Affairs will also discuss options regarding changes to a victim's academic and living situation. Local Assistance Winona Lake Police Department ..........................................911 or 574-267-8622 Warsaw Police Department ...................................................911 or 574-372-9511 Grace College Campus Safety ................................................574-269-5344 Grace College Counseling Center ..........................................574-372-5100 x6472 Kosciusko Community Hospital .............................................574-267-3200 Kosciusko County Sheriff’s Department ................................574-267-5667 Bowen Center – 24 hour emergency service .........................800-342-5653 Bowen Center – Warsaw ......................................................574-267-7169 Victims Service Center – Warsaw ..........................................574-372-9539 Ft. Wayne Sexual Assault Treatment Center hotline .............260-423-2222 340486 v5 11/21/14, revised o9/24/15