2018 Annual Crime/Security Report

2018 Annual Security (Clery) Report

Purpose

 The Clark College Security & Safety Department (Campus Security) prepares this report to comply with the Clery Act. This report is prepared in cooperation with local law enforcement agencies and Student Affairs.

 Campus crime, arrest, and referral statistics include those reported to any campus security authority (see below) or local law enforcement agency. Counselors provided by Clark College to students inform their clients of the procedures to report crime to Campus Security and/or law enforcement on a voluntary or confidential basis, should they feel it is in the best interest of their client.

To obtain a copy of this report, please contact Campus Security at 360-992-2133 or at SecurityRequests@clark.edu.

Clery Act

In 1998, the Federal Government passed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act 20 U.S.C. §1092 (f). This law requires that post-secondary schools, participating in Title IV student financial aid programs, publish a statistical report of crimes occurring on or near the institution’s campus and provide information about security policies, procedures and programs.

To comply with the Clery Act, every institution must:

For more information, please visit the Clery Web Site at https://clerycenter.org/ under Policy & Resources.

About Clark College

Clark College is one of the  largest single-campus provider of for-credit classes in Washington's community and technical college system. Clark welcomes more than 12,000 students of all ages and backgrounds pursuing their educational or career paths each quarter. Students can earn high school diplomas, GEDs, certificates and degrees in a variety of programs including nursing, dental hygiene and mechatronics to name a few. Also, Clark's Running Start program is the largest in the state with more than 2,000 high school students earning college credit for little or no cost. 

Founded in 1933 as a private, two-year, junior college, Clark College received its first accreditation in 1937 and has been accredited by the Northwest Commission on Colleges and Universities since 1948. It was incorporated into the statewide community college system in 1967. 

Clark College's 100 acre main campus sits in  Vancouver’s beautiful Central Park in the heart of southwest Washington’ largest city. The college also offers classes on the campus of Washington State University, Vancouver and at a satellite location  in east Vancouver at the Columbia Tech Center. Economic & Community Development, offering corporate and continuing education classes, is located in downtown Vancouver at the Columbia Bank Building. The college opened a new STEM (Science, Technology, Engineering and Math) building on the main campus in 2016 and a new, state-of-the-art culinary arts facility in 2017.  Plans are underway to open the college’s first 70,000 square foot building at the new Boschma Farm’s location in Ridgefield in 2021.  Clark College has formal partnerships  with many regional colleges, universities, and technical institutions, allowing students to apply credits earned at Clark toward their bachelor's degree.

Clark College Properties and Clery Geography

Clark College operates within facilities at the following locations throughout Clark County that offer classes and limited support services:

 Main Campus

1933 Ft. Vancouver Way, Vancouver WA 98663

“Main Campus” encompasses the areas bordered by E.  McLoughlin Blvd, E. Reserve Street, 4th Plain Blvd. and Ft. Vancouver Way and those bordered by Interstate 5, E. McLoughlin Blvd, Ft. Vancouver Way and the property line between Clark College Property and the Portland VA Medical Center located at 1601 E. 4th Plain Blvd.  All structures, athletic fields, walkways, green spaces, and parking lots within these borders are considered to be part of Main Campus.

 Columbia Tech Center Campus (CTC)

18700 SE Mill Plain Blvd. Vancouver, WA 98683

 Clark College Economic and Community Development (ECD)

500 Broadway St. Suite 200, Vancouver, WA 98660

 Clark College at WSU Vancouver (CCW) 14204 NE Salmon Creek Ave, Vancouver WA 98686

 CCW is under the jurisdiction of the WSU-Vancouver (WSU-V) Department of Public Safety and will be included in the annual crime report generated by WSU-V and can be found at https://admin.vancouver.wsu.edu/clery-act/annual-security-report. WSU-V statistics are also included in this report.

 Physical Security–Facilities Hours of Use

Clark College buildings are locked by Security when the campus and grounds are closed and/or when the building is not used.  Administrative Procedure 501.000 Access and Allowable Activities in College Facilities governs building use and access, to include after-hours access for faculty and staff.

Main Campus hours are 6:30 am to 10:30 pm Monday through Thursday and 6:30 am to 6:00 pm on Friday through Sunday.

CTC hours are 7:00 am to 10:00 pm Monday through Thursday, Friday from 7:00 am to 4:00 pm and Saturdays 8:00 am to 5:00 p.m.

ECD hours are Monday through Friday 8:30 am to 5:30 pm unless specific classes are scheduled during the evening hours.

CCW hours are Monday through Thursday from 7:00 am to 9:30 pm, Friday from 7:00 am to 6:00 pm and Saturday from 8:00 am to 6:00 pm.

Student Housing

Clark College does not currently operate any on-campus or off-campus student housing facilities or residence halls.

Authority and Jurisdiction of Campus Security

On main campus, security is located on the 1st floor of Gaiser Hall. At CTC, the security office is located on the 1st floor adjacent to the Student Services Information desk. At CCW, the WSU-V Department of Public Safety is located in the Administration Building -VAM 160.

The Security & Safety Department is comprised of a Director, a Campus Security Sergeant, full-time and part-time Campus Security Officers, full-time and part-time dispatchers, part-time Parking Guides, and full-time and part-time support staff. Security is available on main campus 24 hours a day/365 days a year. CTC has a Campus Security Officer assigned Monday -Thursday from 6:30 am to 10:30 pm, Fridays 7:00 am to 4:00 pm, and Saturdays from 8:00 am to 5:00 pm. CTC is closed on Sundays. ECD has no Campus Security assigned to its location. Non-emergency security related matters at ECD can be referred to main Campus Security (360-992-2133) and requests for emergency and crime matters should be referred to 911. The WSU-V Department of Public Safety provides security at CCW.

Campus Security Officers act as first responders for all criminal incidents, provide general patrol of campus facilities and property, investigate  incidents, and enforce all traffic safety and parking regulations.  Campus Security coordinates emergency preparedness planning, and provides crime prevention programs. The department responds to all reports of fire and/or requests for medical aid while working in support of emergency responders such as the Vancouver Police Department (VPD) or Vancouver Fire Department (VFD).

Campus Security Officers do not have the authority to make arrests beyond the authority of a “citizen’s arrest.” See State v. Gonzales, 24 Wn. App. 437, 439, 604 P.2d 168 (1979); Guijosa v. Wal-Mart Stores, 101 Wn. App. 777, 791, 6 P.3d 583 (2000) and State v. Malone, 106 Wn.2d 607, 724 P.2d 364 at FN1 (1986). However, they work closely with state and local law enforcement agencies. In accordance with Washington Administrative Code (WAC) 132N-156-310, Security officers are authorized to issue parking and traffic citations, impound and/or immobilize vehicles, and control and regulate facilities use, traffic, and parking as prescribed.

Any person interfering with a Campus Security Officer in the discharge of the provisions of these rules and regulations shall be in violation of the Revised Code of Washington (RCW) 9A.76.020, Obstructing governmental operation, and may be subject to arrest by a peace officer

Trespass Situations

In the event that an individual or group is disruptive to the good order and/or safe operation of the College, the College President or designee shall have the authority to request such individuals leave College premises. This authority includes prohibiting entry and/or withdrawing the license, privilege, or permit of any individual or group to enter on or remain upon any portion of a College building. Individuals who persist in disruptive conduct, violate College policies and procedures, or remain upon College premises, may be subject denied access to campus or arrested under RCW 9a.52 BURGLARY AND TRESPASS. College personnel and students involved in disruptive or unlawful conduct shall be subject to appropriate disciplinary sanctions provided by law and College policy.

Campus security may deny access to the Clark College campus and/or other College facilities. Any person determined to be in violation of WACs, RCWs, Clark College Board Policies, and/or Clark College  Administrative Policies and Procedures, or any person determined to be a disturbance or otherwise violating the Code of Student Conduct. Persons excluded will be given a written trespass warning informing them that they must leave the property and not return, and that any return to Clark College facilities will subject them to arrest for criminal trespass under RCW 9A.52.070 and 080 and WAC 132N-120-065. Campus Security may provide copies of exclusion notices to law enforcement agencies to facilitate prosecution. 

Safety Escort Service

Campus Security Officers are available to provide security escorts to buildings and to parking lots on main campus and CTC. Please call 360-992-2133 (main campus) and 360-992-6133 at CTC.

At CCW, students can obtain security escorts by contacting the WSU-V Department of Public Safety at 360-546-9001 or paging an officer at 360-690-1527. Escorts at CCW are available weekdays until 1130 pm and weekends until 7:00 pm.

There is no security escort service available at ECD.

Local Law Enforcement Agencies

Campus Security maintains a close  working relationship with the Vancouver Police Department (VPD), which has primary jurisdiction over the area(s) that contain all current Clark College properties. All criminal incidents are referred to the VPD. All crime victims and witnesses are strongly encouraged to immediately report any incident  to Campus Security as well as the appropriate law enforcement agency. Prompt reporting will ensure timely warning notices on-campus and timely disclosure of complete crime statistics.

The Clark County Sheriff’s Office (CCSO) has secondary law enforcement jurisdiction on all Clark College properties. As a standard practice, the CCSO does not respond to campus property unless needed for emergency assistance and called by VPD, or for self-initiated activity by CCSO personnel.

The Washington State Patrol (WSP) also has secondary law enforcement jurisdiction on all Clark College properties. WSP personnel can conduct self-initiated activity on Clark College property. However, WSP does not typically conduct enforcement activity on campus property unless they are responding to a request for assistance from VPD.

Currently, no formal agreements exist between Clark College and local law enforcement specific to the investigation of alleged criminal offenses.  Such an agreement is in development as part of a Campus Programs Grant from the Office on Violence Against Women that was awarded to the college in Fall of 2017.

Daily Crime Log

Campus security maintains a daily case log that lists crimes that are reported to campus security and VPD. The log lists the type of offense, date, case number, general location and disposition of the complaint if known. The log can be accessed on the Clark College Security web site: http://www.clark.edu/student_services/security/daily_crime_log.php Individuals can also obtain neighborhood crime information that occurs in the city of Vancouver by accessing the VPD web site at: http://www.cityofvancouver.us/police/page/crime-map.

Incident Reporting

Immediate Action

Acts of harassment or abusive behavior, assaults, serious threats, or acts of violence by students shall be reported to student conduct, Campus Security or law enforcement as appropriate.  Violations of the Code of Student Conduct will be addressed through the conduct review process.  Criminal acts will be addressed through the criminal justice system.

Acts of harassment or abusive behavior, assaults, serious threats, or acts of violence by employees shall be reported to the appropriate supervisor or Human Resources, Campus Security or law enforcement, as appropriate.  Violations of college policy will be addressed through Human Resources.  Criminal acts will be addressed through the criminal justice system.

Incidents of any type can also be reported to any Campus Security Authority, who can assist in notifying Campus Security or law enforcement if the victim so chooses.

Reporting Options

Posted in each College building and on campus exterior location maps are lists of essential telephone numbers to call in case of specific emergencies. If a crime is in progress, the VPD can be immediately summoned by calling Emergency 911 (campus phones will dial 9-1-1 direct). From college phones, Campus security can be reached at extension 2133 on main campus and 6133 at CTC. From off-campus or cell phones, the number is 360-992-2133 main campus and 360-992-6133 at CTC. From college desk phones, Campus security can also be reached by pressing the “Security” button. Campus security will accept anonymous reports of crimes and will respond appropriately.

There are four emergency telephone kiosks (blue phones) located in the parking lot of CTC, one blue phone in the Yellow 1 parking lot near the T-Building and one blue phone in the Yellow 2 parking lot near the STEM building.  All blue phones are programmed to call the campus security office located on main campus and will default to the 9-1-1 system if not answered within 4 rings.

When an incident is reported to campus security, a written record may be generated depending on the nature and extent of the circumstances. Copies of incident reports are provided to appropriate campus departments. Reports can be made available to law enforcement and other outside entities through public records requests. Public records requests must be arranged through the Vice President of Administrative Services' office. Notices dealing with special concerns may appear in the college newspaper, on the college website, in the electronic student digest and posted on campus bulletin boards.

According to Administrative Policy 527.066 Threat and Violence, all Clark College employees shall immediately report acts of violence and/or any serious threats made against them or witnessed by them to 911 and Security at 360-992-2133. Nothing in this policy relieves a college employee from taking immediate action when the safety or security of employees, students, or members of the general public is threatened and time is critical. 

Reports of a student's criminal conduct or violations of the Student Code of Conduct will be forwarded to the Student Conduct Officer. Crimes should also be reported to Campus Security to ensure that they are included in the annual crime statistics and to assist in preparing and forwarding timely warnings to the college community.

Campus Security Authority

A campus security authority is a Clery Act-specific term that encompasses four groups of individuals and organizations associated with an institution.  The function of a campus security authority is to report to the official or office designated by the institution to collect crime report information, such as the campus police or security department, those allegations of Clery Act crimes that he or she receives. CSAs are responsible for reporting allegations of Clery Act crimes that are reported to them in their capacity as a CSA.

Clark College Campus Security Authorities

Voluntary Confidential Reporting

Victims of on-campus crime that do not want to pursue action within the Clark College System or the criminal justice system may still consider making a confidential report. With the victim’s  permission, a Campus Security Officer will file a report on the details of the incident without revealing your identity to the public. The purpose of a confidential report is to comply with the victim’s wishes to keep the matter confidential, while taking steps to ensure the future safety of the victim and others. With such information, the College can keep accurate records of the number of incidents involving students, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crime statistics.

What to expect if you report

If you decide to report to campus officials, you can expect the following:

As part of the investigative process, the institution will provide all parties with a written explanation of their rights and options.

Privacy Protection

Your privacy will be protected to the greatest extent possible. Information may be shared with certain College professionals to ensure safety and/or provide accommodations.

 Support and Safety Accommodations

Accommodations including: no contact orders, modifications to academic or work schedules, etc. will be offered to prevent further contact between you and the person who harmed you.

No Retaliation

Any attempt to intimidate, threaten retaliation, or otherwise attempt to prevent the reporting of an incident – or participation in a conduct process – is prohibited. Anyone who is intimidated or threatened in any way should report concerns to the Title IX Coordinator or the Security Department.

Interviews Conducted

To gather information about the incident, individual interviews will be conducted with you, the person who harmed you, and any identified witnesses.

Support Person Available

Both the accuser and the accused will be provided with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.  However, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

Informed of Decisions

Both parties will be informed of the decisions and outcome of any investigation/disciplinary hearing process.

Policy Statement Addressing Counselor Confidentiality

Counseling sessions and records are confidential, meaning that our work together will not be disclosed without your expressly written permission. Consultation with Clark College Counseling and Health Center providers and staff may occur to facilitate your care.

According to Washington State law, this confidentiality may be broken in the following situations:

  1. You pose an imminent danger to yourself or others;
  2. If you have a medical emergency during one of our sessions;
  3. You report knowledge of ongoing abuse of a child, an elderly person, or disabled adult;
  4. Legal situations in which your records are subpoenaed.

Timely Warnings

The campus community will receive warning regarding any Clery Act crime that is reported to campus security authorities that is considered to represent a serious or continuing threat to students and employees.

Timely warnings are governed by Clark College Administrative Procedure 527.067 Timely Warnings, which states in part:

In accordance with the federal Clery Act, timely warnings will be issued if:

  1. a crime is reported to campus security authorities;
  2. a crime is determined to pose a serious or continuing threat to students, faculty and staff;
  3. a crime occurred on college property, in or on non-college buildings or property owned by the college or on public property that is within college property or immediately adjacent to college property.


Crimes requiring timely warning under the Clery Act include: 

A timely warning may be issued for any other crime or incident as deemed necessary or appropriate by the college president or designee.

 To ensure compliance with the Clery Act, the following college personnel are authorized to issue a timely warning in this order:

  1. President
  2. Vice President of Administrative Services
  3. Director of Safety and Security
  4. Chief Communications Officer
  5. Vice President of Instruction
  6. Vice President of Student Affairs
  7. Vice President of Human Resources and Compliance
  8. Associate Vice President of Diversity, Equity and Inclusion


Warnings shall be provided to the college community in a manner that is timely, that withholds the names of victims as confidential, and that will aid in the prevention of similar occurrences.

 Timely warnings may be issued in multiple formats that may include, but are not necessarily limited to:

    1. Email to faculty, staff and students
    2. Messages on the online Penguin Digest
    3. Messages on the college website
    4. Alerts sent through the mass notification systems

Anyone with information warranting a timely warning should report the circumstances to Security or any Campus Security Authority.

Emergency Response and Notification

Emergencies or disasters can happen any time and usually occur with little or no warning. When an emergency occurs at Clark College, effective response and recovery depend on existing levels of preparedness and coordinated response from students, faculty and staff. Everyone should be aware of what to do in an emergency. During a time of emergency, Campus Security and/or a designated College administrator, (Executive Cabinet or Emergency Management Planning Committee (EMPC) member), shall immediately implement the appropriate emergency procedures based on the following priorities:

Upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health and safety of students, employees and visitors, Clark College will determine and employ the appropriate communication methods to notify the affected college community. Designated college personnel may include direct observation of a suspected threat to safety, seeking out secondary sources of information, or other means designed to assess the needs for emergency alerts as part of the confirmation process.  Steps taken to confirm an emergency should never cause a significant delay in transmitting emergency information or compromise the safety of those on college property.  For the purposes of this section, designated college personnel will primarily consist of personnel from Campus Security and Facilities Services.

Taking into account the safety of the community, Clark College will determine the content of the notification and initiate the appropriate elements of the emergency notification system unless the notification will, in the professional judgment of responsible authorities, compromise efforts to assist victims or to contain, respond to, or otherwise mitigate the emergency.

Examples of circumstances resulting in activation of the college’s mass notifications systems include, but are not limited to:

The college’s primary mass notification system (Informacast) is designed to send emergency notifications through network telephones, computers and common area speakers. Employees must familiarize themselves with the College emergency response protocols to effectively respond to emergency notifications.

Clark College may also utilize the RAVE Alert mass notification system as a secondary means to notify students, faculty and staff of emergency situations. RAVE Alert is designed to broadcast alerts in the form of emails and text messages to subscribed accounts and mobile devices. In January of 2018, Clark college transitioned RAVE Alert participated from an opt-in notification system, where individual users must voluntarily register to receive notifications, to an opt-out configuration where faculty, staff and students and automatically enrolled with an option to unsubscribe at any time.  Because of this change, RAVE alert enrollment increased from approximately 2,400 participants to over 13,000.

Training, Testing and Evaluation

All employees are required to review emergency protocols on an annual basis.  Emergency Response Guides (indexed booklets that serve as a reference for emergency response protocols) are widely distributed to all college departments, and are located throughout the institution.  Emergency Response Posters provide summary information about emergency protocols and are conspicuously displayed in employee work areas, common areas of all campus buildings and in all instructional areas.

Emergency preparedness drills are published based on schedule that is published annually.  Routine drills include quarterly lock down drills, one of which is “unannounced”, an annual earthquake drill and an annual fire evacuation drill.

After each scheduled exercise and actual emergency event, feedback from the college community is solicited as part of the evaluation process of our emergency response protocols.  The received feedback is evaluated by the Emergency Management Planning Committee (EMPC) that will recommend and implement changes designed to improve the preparedness program.

Clark College Emergency Operations Plan (EOP)

Since the tragedy at Virginia Tech in 2007, Clark College - like other colleges and universities across the country - has taken concrete actions to increase security. Examples: New classroom door locks, enhanced signage and a new phone system that allows emergency alerts to be broadcast instantly across the college.

The Emergency Operations Plan (EOP) document lays out a detailed and carefully-crafted plan that will be set in motion whenever an emergency reaches proportions that cannot be handled by standard operating procedures.  To request a copy, contact the Emergency Manager at emergencymanager@clark.edu or (360) 992-2449.

Administrative Procedure 521.030 EMERGENCY MANAGEMENT AND RESPONSE states:

In the event of a natural or human-made emergency, a state of emergency may be declared at the discretion of the College President or designee.  Once a state of emergency has been declared, Clark College will implement its all-hazards Emergency Operations Plan as appropriate for the specific event. The College’s response may include the activation of an Incident Command Post (ICS) or Emergency Operations Center (EOC) in accordance with the National Incident Management System (NIMS). Authority to manage the emergency will be transferred to Incident Command Staff by the College President or designee. During a declared state of emergency, standard or typical lines of reporting may be superseded by a structure that follow NIMS guidelines. Faculty and staff may be asked to support emergency response activities or efforts as needed.  These requests may come from sources outside of the faculty or staff member’s typical chain of command.

Communications with faculty, staff, students, local, state, and federal officials, and the broader community will be conducted in accordance with the established Emergency Communication Plan. All faculty, staff and students are encouraged to sign up with the designated alert system to ensure they receive the earliest possible notification of an event. Faculty, staff and students can register at https://www.getrave.com/login/clark.

At various times, the College will provide emergency response training to faculty, staff and students through a variety of venues (e.g., online, drills, etc.). At a minimum, faculty and staff should familiarize themselves with the Emergency Procedures posted in classrooms, offices and other work areas; keep the yellow Emergency Response Guide in an easily accessible location; and support operational planning necessary for business recovery and continuity.  

In the event of an emergency, faculty and other staff working with students are asked to encourage students to follow the Emergency Procedures and any other response instructions that come from the College. However, faculty and staff are not expected or required to compel students to remain in place. 

In the event of an infectious disease outbreak (e.g., measles, bird flu, etc.) the College will respond in accordance with procedure  521.035 – INFECTIOUS DISEASE RESPONSE.

Community  partners in law enforcement, firefighting, emergency dispatch and public health took a proactive role in customizing Clark College's EOP. The plan addresses the main campus and satellite sites. Order of priorities:

Clark College's EOP provides guidance to College personnel and local authorities. It covers management and coordination about any unplanned emergency event. Procedures are flexible to accommodate contingencies of all types and magnitudes. It is a living document that will be evaluated and updated as necessary.

The plan conforms to the National Incident Management System (NIMS), falls under the Washington State Plan, and incorporates guidelines for the Incident Command System.

Depending on the type of emergency or event circumstances, employees and students of the college may be ordered to lockdown, evacuate or shelter in place.

The EOP is maintained and updated as necessary by Clark College's Administrative Services unit. Expertise and advice is contributed by the Environmental Health and Safety Committee and the Emergency Management Planning Committee (EMPC), which also responds in emergencies.

Special Safety Teams at Clark College

Clark College has Emergency Building Coordinators (EBCs) and a  Campus Community Emergency Response Team (CERT) that focus on increasing safety during an emergency.

Emergency Building Coordinators (EBCs)
EBC team has learned the college's basic emergency protocols.. EBCs are strategically located in every college building, including satellite sites. They can explain emergency protocols and deliver on-the-ground direction during an incident. EBC’s assume a lead role during building evacuations that includes directing evacuees towards designated assembly areas, identifying those who require assistance and providing real-time information to college authorities responsible for managing emergency response.

Campus Community Emergency Response Team (CERT)
Working alongside EBCs are members of the College's Campus CERT team. CERT members receive training from certified personnel and are qualified to assist with basic emergency response. Examples include safety awareness, basic medical triage and light search and rescue.

Emergency Management Partnership Agreements

Clark College has entered into emergency management partnership agreements with the following local partners:

Within each agreement, our partners have committed to support Clark College's efforts to improve, and fully integrate a comprehensive, all-hazards plan for its main campus and off-site locations to include:

Provide any reasonable assistance to support the College in meeting grant requirements".

Weapons on Campus

Administrative Procedure 527.020 Weapons on Campus:

Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons which can be used to inflict bodily harm or to damage real or personal property is prohibited on the college campus, at any other facilities leased or operated by the college, or at any activity under the administration or sponsorship of the college.

Exceptions to this policy are permitted when the weapon is used in conjunction with an approved college instructional program, is carried by a duly constituted law officer, or is otherwise permitted by law. 

Threat and Violence Policy

Clark College Administrative Procedure 527.066 Threat and Violence:

Policy Statement

Serious threats, violence or acts of intimidation, with or without the presence of a weapon, will not be tolerated at Clark College. Violations of this policy may result in disciplinary action in accordance with collective bargaining agreements or Code of Student Conduct and including but not limited to possible suspension, termination, expulsion and/or the filing of criminal charges.

 Application

This policy applies to all situations involving acts of harassment or abusive behavior, assaults, serious threats, or acts of violence engaged in by any guests or volunteers, all college employees or students (full or part time). This policy applies to any acts of violence or threats made on Clark College property or locations, at Clark college classes and events, or under other circumstances that affect the College’s ability to operate.

Purpose

Clark College is committed to providing faculty, staff, and students with an environment that is safe, secure and free from threats of violence or intimidation. The safety of employees and students is important both to enhance the educational environment that Clark College strives to provide, and to promote a supportive working atmosphere for faculty and staff. The purpose of this policy is to establish a framework for responding to situations involving serious threats, harassment or acts of violence against employees and students in order to minimize the possibility of dangerous situations.

Individuals found engaging in behavior in violation of this policy will be subject to corrective action up to and including termination or expulsion. Conduct or behavior not tolerated by Clark College includes but is not limited to:

  1. Physical conduct that results in harm to people or property.
  2. Acts or threats in any manner made directly or indirectly to intimidate, coerce, or cause fear or harm.
  3. Violation of the weapons policy. (Weapons on Campus, 527.020)
  4. Intimidating conduct or harassment that disrupts the work environment, educational process, or results in fear of personal safety.

Definitions

Abuse, RCW 74.34.020
Assault, RCW 9A.36.011, 9A.36.021, 9A.36.031, 9A.36.041
Coercion, RCW 9A.36.070
Domestic Violence, RCW 10.99.020, 26.52.010
Harassment, RCW 9A.46.060
Intimidation RCW 28A.300.285
Malicious Harassment, RCW 9A.36.080
Mental Abuse, RCW 74.34.020
Sexual Assault/Sex Offenses/Rape 9a.44
Workplace Bullying, http://www.lni.wa.gov/Safety/Research/Files/Bullying.pdf

Immediate Action

All Clark College employees shall immediately report acts of violence and/or any serious threats made against them or witnessed by them to 911 and Security at 360-992-2133. Nothing in this policy relieves a college employee from taking immediate action when the safety or security of employees, students, or members of the general public is threatened and time is critical. 

 No Retaliation

No one shall be singled out, penalized, or retaliated against in any way for reporting concerns. Clark College will not tolerate retaliation against individuals making good faith reports as provided for in this policy even where the concerns prove ultimately to have been in error. Retaliation may be grounds for disciplinary action.

 Notification Procedures

Acts of harassment or abusive behavior, assaults, serious threats, or acts of violence by students shall be reported to the Behavioral Intervention and Threat Assessment (BITA) via electronic submission at https://clark-advocate.symplicity.com/care_report/index.php/pid711494?.

Acts of harassment or abusive behavior, assaults, serious threats, or acts of violence by employees shall be reported to the appropriate supervisor or Human Resources. 

 Behavioral Intervention and Threat Assessment (BITA)

The Clark College Behavioral Intervention and Threat Assessment (BITA) team, under the authority of the Clark College President, exists to provide a proactive approach to distressed student behavior that balances the individual needs of the student, faculty or staff and those of the greater college community. By formalizing an information sharing system, conducting threat assessments, and intervening with students at risk, the BITA team meets regularly to maximize early detection and engagement opportunities. BITA seeks to identify patterns of behavior that indicate possible risk or threat. Through training and education about effective referrals, BITA ensures that services, support, and resources are deployed effectively.

The BITA team consists of representatives from the following areas: Student Affairs, Office of Diversity and  Equity,  Campus Security, Student Conduct, Disability Support Services and Mental Health Counseling. Employees and students should report concerns about unusual or threatening behavior by students to BITA by submitting a referral form, even if such behavior is not perceived as a direct threat or an immediate danger. If the person shows evidence of immediate harm or self to others call 911 and then campus security at 360-992-2133.

Violence Against Women's Act (VAWA)

The Violence Against Women's Act Pub.L.103-322 (1994) (VAWA) has imposed additional reporting requirements. The Clery Act requires annual reporting of statistics for various criminal offenses, including forcible and non-forcible sex offenses and aggravated assault. The VAWA provision adds domestic violence, dating violence, and stalking to the categories. If the incident was reported to a campus security authority or local police agency, it must be reported under Clery.

 Domestic Violence

Domestic Violence is defined as a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Under Washington State law “Domestic Violence” is defined in RCW 26.50.010(3).

 Dating Violence

Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’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.

Under Washington State law “Dating relationship" in defined in RCW 26.50.010(2).

Stalking

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or 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 stalker 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 victim. Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

Under Washington State law “Stalking” is defined in RCW 9a.46.110.

Clark College Disciplinary Procedures for Allegations of Sexual Misconduct

According to WAC 132N 125 200 Supplemental sexual misconduct procedures.

Both the respondent and the complainant in cases involving allegations of sexual misconduct shall be provided the same procedural rights to participate in student discipline matters, including the right to participate in the initial disciplinary decision-making process and to appeal any disciplinary decision.

Application of the following procedures is limited to code of student conduct proceedings involving allegations of sexual misconduct by a student. In such cases, these procedures shall supplement the student disciplinary procedures in WAC 132N-125-005 through 132N-125-145. In the event of conflict between the sexual misconduct procedures and the student disciplinary procedures, the sexual misconduct procedures shall prevail.

WAC 132N-125-205 Supplemental definitions shall apply for purposes of code of student conduct proceedings involving allegations of sexual misconduct by a student:

(1) A "complainant" is an alleged victim of sexual misconduct, as defined in subsection (2) of this section.

(2) "Sexual misconduct" is prohibited sexual- or gender-based conduct by a student including, but not limited to:

(a) Sexual activity for which clear and voluntary consent has not been given in advance;

(b) Sexual activity with someone who is incapable of giving valid consent because, for example, she or he is underage, sleeping, or otherwise incapacitated due to alcohol or drugs;

(c) Sexual harassment;

(d) Sexual violence which includes, but is not limited to, sexual assault, domestic violence, intimate violence, and sexual- or gender-based stalking; and

(e) Nonphysical conduct such as sexual- or gender-based digital media stalking, sexual- or gender-based online harassment, sexual- or gender-based cyberbullying, nonconsensual recording of a sexual activity, and nonconsensual distribution of a recording of a sexual activity.

 WAC 132N-125-210 Supplemental complaint process shall apply with respect to complaints or other reports of alleged sexual misconduct by a student:

(1) The college's Title IX coordinator or designee shall investigate complaints or other reports of alleged sexual misconduct by a student. Investigations will be completed in a timely manner and the results of the investigation shall be referred to the student conduct officer for disciplinary action.

(2) Informal dispute resolution shall not be used to resolve sexual misconduct complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

(3) College personnel will honor requests to keep sexual misconduct complaints confidential to the extent this can be done without unreasonably risking the health, safety, and welfare of the complainant or other members of the college community or compromising the college's duty to investigate and process sexual harassment and sexual violence complaints.

(4) The student conduct officer, prior to initiating disciplinary action, will make a reasonable effort to contact the complainant to discuss the results of the investigation and possible disciplinary sanctions and/or conditions, if any, that may be imposed upon the respondent if the allegations of sexual misconduct are found to have merit.

(5) The student conduct officer, on the same date that a disciplinary decision is served on the respondent, will serve a written notice informing the complainant whether the allegations of sexual misconduct were found to have merit and describing any disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection, including disciplinary suspension or dismissal of the respondent. The notice will also inform the complainant and respondent of their appeal rights. If protective sanctions and/or conditions are imposed, the student conduct officer shall make a reasonable effort to contact the complainant to ensure prompt notice of the protective disciplinary sanctions and/or conditions imposed upon the respondent for the complainant's protection is given.

WAC 132N-125-045 Disciplinary sanctions-Terms-Conditions outlines the disciplinary sanctions that may be imposed upon students found to have violated the code of student conduct. Depending upon the misconduct, more than one sanction may be required. Other than college expulsion or revocation or withholding of a degree, disciplinary sanctions are not made part of the student's academic record, but are part of the student's disciplinary record. Violation of any term or condition of any disciplinary sanction constitutes a new violation and may subject the student to additional sanctions.

(1) Disciplinary warning. A verbal statement to a student that there is a violation and that continued violation may be cause for further disciplinary action.

(2) Written reprimand. Notice in writing that the student has violated one or more terms of this code of conduct and that continuation of the same or similar behavior may result in more severe disciplinary action.

(3) Disciplinary probation. Formal action placing specific conditions and restrictions upon the student's continued attendance depending upon the seriousness of the violation and which may include a deferred disciplinary sanction. If the student subject to a deferred disciplinary sanction is found in violation of any college rule during the time of disciplinary probation, the deferred disciplinary sanction, which may include, but is not limited to, a suspension or a dismissal from the college, shall take effect immediately without further review. Any such sanction shall be in addition to any sanction or conditions arising from the new violation. Probation may be for a limited period of time or may be for the duration of the student's attendance at the college.

(4) Disciplinary suspension. Dismissal from the college and from the student status for a stated period of time. There will be no refund of tuition or fees for the quarter in which the action is taken.

(5) Dismissal. The revocation of all rights and privileges of membership in the college community and exclusion from the campus and college-owned or controlled facilities without any possibility of return. There will be no refund of tuition or fees for the quarter in which the action is taken.

 Disciplinary terms and conditions that may be imposed in conjunction with the imposition of a disciplinary sanction include, but are not limited to, the following:

(1) Educational sanction. The college may require the student to complete an educational activity or experience directly related to the violation committed, at the student's expense.

(2) Professional evaluation. Referral for drug, alcohol, psychological, or medical evaluation by an appropriately certified or licensed professional may be required. The student may choose the professional within the scope of practice and with the professional credentials as defined by the college. The student will sign all necessary releases to allow the college access to any such evaluation. The student's return to college may be conditioned upon compliance with recommendations set forth in such a professional evaluation. If the evaluation indicates that the student is not capable of functioning within the college community, the student will remain suspended until future evaluation recommends that the student is capable of reentering the college and complying with the rules of conduct.

(3) Not in good standing. A student may be deemed "not in good standing" with the college. If so, the student shall be subject to the following restrictions:

(a) Ineligible to hold an office in any student organization recognized by the college or to hold any elected or appointed office of the college.

(b) Ineligible to represent the college to anyone outside the college community in any way, including representing the college at any official function, or any forms of intercollegiate competition or representation.

(4) Restitution or monetary fine. Reimbursement for damage to or misappropriation of property, or for injury to persons, or for reasonable costs incurred by the college in pursuing an investigation or disciplinary proceeding. This may take the form of monetary reimbursement, appropriate service, monetary fine, or other compensation.

(5) Hold on transcript or registration. This is a temporary measure restricting release of a student's transcript or access to registration. Upon satisfactory completion of the conditions of the sanction, the hold is released.

(6) Revocation of admission or degree. Admission to or a degree awarded from the college may be revoked for fraud, misrepresentation, or other violation of standards of conduct for students in obtaining the degree, or for other serious violations committed by a student prior to graduation.

(7) Withholding degree. The college may withhold awarding a degree otherwise earned until the completion of the process set forth in this chapter, including the completion of all sanctions imposed.

(8) No trespass order. A student may be restricted from college property based on his/her misconduct.

(9) No contact order. A prohibition of direct or indirect physical, verbal, or written contact (including electronic communication) with another individual or group.

 WAC 132N-125-215 (9) Supplemental appeal rights

Student conduct hearings involving sexual misconduct allegations shall be closed to the public, unless respondent and complainant both waive this requirement in writing and request that the hearing be open to the public. Complainant, respondent, and their respective nonattorney assistants and/or attorneys may attend portions of the hearing where argument, testimony, and/or evidence are presented to the student conduct committee.

 WAC 132N-125-220 Brief adjudicative proceedings - College record.

The college record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. These records shall be maintained as the official record of the proceedings.

 WAC 132N-125-225 Recordkeeping.
  1. The record in a brief adjudicative proceeding shall consist of all documents as required by law and as specified in RCW 34.05.476.
  2. The office of the vice-president of student affairs shall maintain records of student grievance and disciplinary proceedings for at least six years.
  3. The disciplinary record is confidential.
  4. Students may request a copy of their own disciplinary record at their own reasonable expense by making a written request to the vice-president of student affairs. Personally identifiable student information is redacted to protect another student's privacy.
  5. Students may authorize release of their own disciplinary record to a third party in compliance with FERPA, 20 U.S.C. Sec. 1232g, by making a written request to the vice-president of student affairs.
  6. The college may inform the complainant of the outcome of any disciplinary proceeding involving a crime of violence or nonforcible sex offense, as permitted by FERPA, 20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99.
  1. The college may not communicate a student's disciplinary record to any person or agency outside the college without the prior written consent of the student, except as required or permitted by law. Exceptions include, but are not limited to:
           (a) The student's parents or legal guardians may review these records if the student is a minor or a dependent, if the student is a minor and disciplinary action involves the use or possession of alcohol or controlled substance, or in connection with a health or safety emergency regardless if the student is a dependent or a minor, as permitted by FERPA, 20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99.
           (b) To another educational institution, upon request, where the student seeks to, intends to, or has enrolled.
           (c) Information concerning registered sex offenders. 

Standard of Proof

The standard of proof in student sexual assault, domestic violence, dating violence and stalking investigations is a preponderance of the evidence as outlined in WAC 132N-125-105(5) Appeal from disciplinary action.  For the purposes of this section “preponderance of the evidence” exists where it is determined more likely than not that the allegation did occur.

Harassment Prohibited

Administrative Policy 622.000 Discrimination and Harassment:

Clark College is committed to freedom from discrimination for all members of the College community. The College expressly prohibits discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal. In addition, the College is committed to freedom from all forms of harassment including sexual harassment, domestic violence and harassment in the workplace. All claims of discrimination and harassment will be investigated by the designee of the president.

Administrative Procedure 622.010 Discrimination/Harassment Grievance Procedures:

Introduction

Clark College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendments Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington State’s Law Against Discrimination, Chapter 49.60 RCW and their implementing regulations.  To this end, Clark College has enacted policies prohibiting discrimination against and harassment of members of these protected classes.  Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the College or from employment.

 The responsibility for, and the protection of, this commitment extends to students, faculty, administration, staff, contractors, and those who develop or participate in College programs.  It encompasses every aspect of employment and every student and community activity. 

 Any person who believes she or he has been discriminated against or harassed by Clark College or its employee(s) or agent(s) on the basis of any status listed above, may request informal assistance and/or lodge a formal grievance.  If the complaint is against that designee, the complainant should report the matter to the President’s Office for referral to an alternate designee. 

 The College president designates investigation of grievances on the basis of race, creed, religion, color, national origin, age, political affiliation, and/or marital status to:

 Associate Vice President of Human Resources & Title IX Coordinator

Baird Administration Building (BRD) 133

(360) 992-2619

 

The College president designates investigation of grievances on the basis of sex, sexual orientation, gender identity, or gender expression to:

 Special Advisor for Diversity and Equity & Title IX Deputy Coordinator

Office of Diversity and Equity

Gaiser Hall (GHL) 214

(360) 992-2355

 

Dean of Student Success and Retention & Title IX Deputy Coordinator

Student Affairs Office

Gaiser Hall (GHL) 204

(360) 992-2900

 

The College president designates investigation of grievances on the basis of any physical, sensory or mental disability, or status as a disabled, or honorably discharged veteran or military status to:

ADA Compliance Coordinator
Disability Support Services 
Penguin Union Building (PUB) 013
(360) 992-2065

The presidential designee:

 The College encourages the timely reporting of any incidents of discrimination or harassment. Complaints may be submitted in writing or orally. For complainants who wish to submit a written complaint, a formal complaint form is available online at http://www.clark.edu/clark-and-community/about/policies-procedures/grievance_procedure.php. Hardcopies of the complaint form are available at the following locations on campus: Office of Diversity and Equity, Gaiser Hall (GHL) 214; Student Affairs Office, Gaiser Hall (GHL) 204; or Human Resources Office, Baird Administration Building (BRD) 133.

Definitions


Complainant: Employee(s), applicant(s), student(s), or visitors(s) of Clark College who alleges that she or he has been subjected to discrimination or harassment due to his or her membership in a protected class.
Complaint: A description of facts that allege violation of the College’s policy against discrimination or harassment.
Consent: Knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

Discrimination: Unfavorable treatment of a person based on that person’s membership or perceived membership in a protected class. Harassment is a form of discrimination.

Harassment: A form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or their perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the College’s educational and/or social programs. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment. Examples of conduct that could rise to the level of discriminatory harassment include but are not limited to the following:

Protected Class: Persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal.

Resolution: The means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, mediation, or the formal imposition of discipline sanction.

Respondent: Person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons.

Sexual Harassment: A form of discrimination consisting of unwelcome, gender-based verbal, written, electronic and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s gender. There are two type of sexual harassment.

  1. Hostile Environment Sexual Harassmentoccurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the College’s educational and/or social programs.
  2. Quid Pro Quo Sexual Harassmentoccurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors.

Examples of conduct that may qualify as sexual harassment include:

Sexual Violence: Is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

  1. Nonconsensual sexual intercourse also known as Sexual Assaultis any sexual intercourse (anal, oral, or vaginal) however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
  2. Nonconsensual sexual contactis any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
  3. Domestic violenceincludes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
  4. Dating violencemeans violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
  5. Stalkingmeans intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such intent.

  Who May File a Complaint?

Any employee, applicant, student or visitor of the College may file a complaint. Complaints may be submitted in writing or verbally. The College encourages the timely reporting of any incidents of discrimination or harassment. For complainants who wish to submit a written complaint, a formal complaint form is available online at http://www.clark.edu/clark-and-community/about/policies-procedures/grievance_procedure.php. Hardcopies of the complaint form are available at the following locations on campus: Office of Diversity and Equity, Gaiser Hall (GHL) 214; Student Affairs Office, Gaiser Hall (GHL) 204; or Human Resources Office, Baird Administration Building (BRD) 133. Any person submitting a discrimination complaint shall be provided with a written copy of the College’s antidiscrimination policies and procedures.

 Confidentiality and Right to Privacy

Clark College will seek to protect the privacy of the complainant to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Clark College policies and procedures. Although Clark College will attempt to honor complainants’ requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the presidential designee.

 Confidentiality Requests and Sexual Violence Complaints 

The presidential designee will inform and obtain consent from the complainant before commencing an investigation into a sexual violence complaint. If a sexual violence complainant asks that his or her name not be revealed to the respondent or that the College not investigate the allegation, the presidential designee will inform the complainant that maintaining confidentiality may limit the College’s ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that his or her name not be disclosed or that the College not investigate, the presidential designee will determine whether the College can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of the College community, including the complainant.

 Factors to be weighed during this determination may include, but are not limited to:

 If the College is unable to honor a complainant’s request for confidentiality, the presidential designee will notify the complainant of the decision and ensure that complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

If the College decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the presidential designee will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.

 Investigation Procedure

Upon receiving a discrimination complaint, the College shall commence an impartial investigation. The presidential designee shall be responsible for overseeing all investigations. Investigations may be conducted by the presidential designee or his or her designee. If the investigation is assigned to someone other than the presidential designee, the presidential designee shall inform the complainant and respondent(s) of the appointment of an investigator.

 The college president designates investigation of grievances on the basis of race, creed, religion, color, national originagepolitical affiliation, and/or marital status to the Vice President of Human Resources and Compliance.  Investigation of grievances on the basis of sexsexual orientationgender identity, or gender expression to the Associate Vice president of Diversity, Equity and Inclusion and/or the Dean of Student Success and Retention. Investigation of grievances on the basis of any physical, sensory or mental disability, or status as a disabled, or honorably discharged veteran or military status to the ADA Compliance Coordinator.

 Personnel assigned as investigators receive training in Title IX, the Civil Rights Model of Investigation, and Trauma-Informed Interviewing techniques.  This training is ongoing, but is accomplished at least annually.

 Interim Measures

Clark College is obligated to consider all reasonable requests for interim measures.  The presidential designee may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the College’s student conduct code or the College’s employment policies and collective bargaining agreements.

Investigation

Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his or her findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the presidential designee. The presidential designee shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred; and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with the student conduct code or College employment policies and collective bargaining agreements.

Written Notice of Decision 

The presidential designee will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations:

 Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA confidentiality requirements.

Informal Dispute Resolution

Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

Final Decision/Reconsideration

Either the complainant or the respondent may seek reconsideration of the decision by the presidential designee. Requests for reconsideration shall be submitted in writing to the presidential designee within seven days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven days, the decision becomes final. If a request for reconsideration is received, the presidential designee shall respond within seven days. The presidential designee shall either deny the request or, if the presidential designee determines that the request for reconsideration has merit, issue an amended decision. Any amended decision is final and no further reconsideration is available.

Publication of Anti-Discrimination Policies and Procedures

The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president’s designee. Any person who believes he or she has been subjected to discrimination in violation of College policy will be provided a copy of these policies and procedures.

Limits to Authority

Nothing in this procedure shall prevent the College president or designee from taking immediate disciplinary action in accordance with Clark College policies and procedures, and federal, state, and municipal rules and regulations.

Non-Retaliation, Intimidation and Coercion

Retaliation by, for or against any participant (including complainant, respondent, witness, presidential designee, or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation or any resulting disciplinary proceedings is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the presidential designee immediately.

 Criminal Complaints

Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:

 Vancouver Police Department
605 E. Evergreen Blvd.
Vancouver, WA 98661
(360) 487-7400
vanpd@cityofvancouver.us

Clark County Sheriff’s Office
707 West 13th Street
Vancouver, WA 98660
Mailing Address: P. O. Box 410
Vancouver, WA 98666
Main Phone: (360) 397-2211
sheriff@clark.wa.gov

The College will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

 Other Discrimination Complaint Options

Discrimination complaints may also be filed with the following federal and state agencies:

Washington State Human Rights Commission
http://www.hum.wa.gov/index.html 

US Department of Education Office for Civil Rights

http://www2.ed.gov/about/offices/list/ocr/index.html

Equal Employment Opportunity Commission
https://www.eeoc.gov/

Bias Based Incident Protocol:

Purpose

This protocol is established to ensure a timely and effective response to bias-based incidents at any facility or venue owned, operated, or leased by Clark College.  A bias-based incident involves conduct – including words, slurs, graffiti, or actions - explicit, implied or perceived – that violates Clark College’s policy prohibiting discrimination.

Statement of policy

The college affirms a commitment to freedom from discrimination for all members of the college community. The responsibility for, and the protection of, this commitment extends to students, faculty, administration, staff, contractors, and those who develop or participate in college programs. It encompasses every aspect of employment and every student and community activity. The college expressly prohibits discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal. Harassment is a form of discrimination.

Protocol

Any person, including Clark College students, faculty, staff, and visitors, who sees, becomes aware of, or is subject to bias-based expression should immediately notify, in the following order until the first available person is contacted:

 Director of Safety and Security (360-992-2133)

Office of Diversity and Equity (360-992-2292)

 Callers are encouraged to say: “I want to report a bias-based incident.”  This will help the College understand the nature of the call and respond appropriately.  In addition, when calling Security after 5:00 p.m. callers are advised to let the phone ring several times and to leave a message in voice mail if no one answers immediately.  Security may be responding to another call at the time, but they will promptly reply to all messages. 

 Members of the college community who are deaf or hard-of-hearing can call Disability Support Services video phone at 360-991-0901 and an ASL Interpreter may be available. Interpreters are often in classrooms and you may be prompted to leave a video message. If your call is not answered immediately, please call the above College employees via your preferred relay service. 

 Employees who report an incident should also notify their direct supervisor through the chain of command.     

 The Director of Safety and Security or the Associate Vice President of Diversity, Equity and Inclusion will immediately notify the President when an incident has been reported. 

 The Director of Safety and Security or the Associate Vice President Diversity, Equity and Inclusion will make an initial assessment of the incident.  Should they find that the incident is of very limited scope and of a nature that does not require immediate response, they will document the incident for inclusion in a Bias Based Incidents data base. This data base will include the date, time, place, and succinct description of the event to include to whom and how reporting was made. This data base will be made available on the Office of Diversity and Equity web page in order that those interested in these incidents have access to them in a timely manner. Each academic quarter, the Associate Vice President of Diversity Equity and Inclusion will report on the number and nature of incidents contained in the data base with context regarding prior incidents at Clark College and the general national view of such incidents.

 Should the Director of Safety and Security or the Associate Vice President of Diversity, Equity and Inclusion find in their initial assessment that the incident is of a scope and nature to require further immediate action, they may call together the College’s Incident Response Team (IRT).  Members of the IRT include:

Associate Vice President of Diversity, Equity and Inclusion

Director of Safety and Security

Vice President of Human Resources and Compliance (or designee)

Vice President of Administrative Services (or designee)

Vice President of Student Affairs (or designee)

Director of Student Life (or designee)

Director of Counseling Services (or designee)

Assistant Director of Student Care and Community Standards

 IRT membership may be adjusted to reflect changes in position titles and reporting responsibilities in the College.

 The IRT may request the attendance of other College personnel as needed, such as the Vice President of Instruction, the Chief Communications Officer, a full time faculty counselor, and the Director of Facilities Services, and seek counsel from the College’s Assistant Attorney General (AAG) as appropriate.

The IRT will develop an Incident Action Plan (IAP) to be implemented within one business day of notification of the bias-based incident.  The IAP will include, but not be limited to, the following steps:

 Based on the scale and nature of the incident, the IRT may refer the matter to the Behavioral Intervention and Threat Assessment Team (BITA) for response.

Upon documentation of the incident the Director of Safety and Security or the Associate Vice President of Diversity, Equity and Inclusion, will determine whether there has been a violation of College policy, the Code of Student Conduct, Title IX, or other state of federal statute and will take appropriate steps to stop the bias-based activity.  Security may request support from local law enforcement as needed. 

Upon documentation of the incident, including but not limited to graffiti, Facilities Services will clean up or make repairs of any affected buildings, grounds or other College property as appropriate.  

Upon the advice of the IRT, the Associate Vice President of Diversity, Equity, and Inclusion-may issue a communication to the college community.

 The President or the Associate Vice President of Diversity, Equity, and Inclusion may continue to keep the College informed as advised by the IRT.  Follow up communication may include an open forum to address the incident further.

Student Affairs will provide - or arrange for - counseling and other crisis-intervention services for students as needed. 

Human Resources will provide - or arrange for - counseling and other crisis intervention services for faculty and staff as needed.

The Vice President of Administrative Services will notify the AAG and other officials as deemed appropriate.

The Director of Security and Safety or the Associate Vice President of Diversity, Equity and Inclusion will follow up with the student or staff member who reported the incident to describe the actions that have been or will be taken.

 Based on the nature of the incident, Associate Vice President of Diversity, Equity and Inclusion, Security Staff, or the Assistant Director of Student Care and Community Standards will conduct a thorough investigation of the incident. Results of the investigation will be shared with the IRT, the Social Equity Council, and the Executive Cabinet. 

 Where found warranted by the IRT, within 5 business days of the incident the Associate Vice President Diversity, Equity, and Inclusion will reconvene the IRT and lead an after action assessment of the College’s response. Where found warranted, the Associate Vice President of Diversity, Equity, and Inclusion will convene the IRT to assess quarterly reports, messaging, and recommendations. Recommendations for improvement will be shared with the President.

 Sexual Misconduct Prohibited

WAC 132N-125-035 Prohibited Student Conduct:

The college may impose disciplinary sanctions against a student who commits, or aids, abets, incites, encourages or assists another person to commit, an act(s) of misconduct which include, but are not limited to, the following:

  1. Sexual misconduct.The term "sexual misconduct" includes sexual harassment, sexual intimidation, and sexual violence.
           (a) Sexual harassment. The term "sexual harassment" means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious as to deny or limit, and that does deny or limit, based on sex, the ability of a student to participate in or benefit from the college's educational program or that creates an intimidating, hostile, or offensive environment for other campus community members.
           (b) Sexual intimidation. The term "sexual intimidation" incorporates the definition of "sexual harassment" and means threatening or emotionally distressing conduct based on sex including but not limited to, nonconsensual recording of sexual activity or the distribution of such recording.
            (c) Sexual violence. “Sexual violence” is a type of sexual discrimination and harassment.  Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.
           (i) Nonconsensual sexual intercourse is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
           (ii) Nonconsensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
           (iii) Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family law, or anyone else protected under domestic or family violence law.
           (iv) Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.
           (v) Stalking means intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intended to injure, intimidate, or harass that person. Stalking also includes instances where the perpetrator knows or reasonable should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such intent.
           (vi) Consent: knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
           A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.
           Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

 

Sexual Assault, Domestic Violence, Dating Violence, Stalking Policy and Response

The College is committed to establishing and maintaining a safe work and educational environment. Any act of sexual assault, domestic violence, dating violence, or stalking is strictly prohibited in the workplace or on campus.

Clark College is required by the Clery Act to adopt policies and programs aimed at prevention and response to these attacks. Campus Security does not have law enforcement authority so local law enforcement would have any arrest and legal investigative responsibilities. Clark College will address the incidents as violations of the Student Code of Conduct and Title IX. Sexual assault in any form, including acquaintance rape, violates criminal laws and Clark College's standards of conduct. Clark College has instituted procedures to respond to violations of these laws and standards, programs aimed at the prevention of such conduct, and intervention on behalf of the victims.

Campus Security will treat victims of sexual assault, domestic violence, dating violence and stalking with respect and dignity. Confidentiality is of the utmost importance and Campus Security will assist by providing resources to victims. Campus Security refers victims to the appropriate college and/or local community counseling and other resources devoted to assisting victims. Clark College will assist victims in notifying local law enforcement.

All employees, students, and visitors should immediately report threats, acts of violence that occur at Clark College. Students and visitors should report incidents to Campus Security and/or local law enforcement agencies. Employees may also report such incidents to their supervisor, Campus Security, local law enforcement agencies or Human Resources.

Level 3 Sex Offender Registration


Clark College provides notice to the college community regarding registered Level III sex offenders in accordance with the "Campus Sex Crimes Prevention Act" of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Clery Act and the Family Educational Rights and Privacy Act of 1974. This act requires institutions of higher education to issue a statement advising the college community where law enforcement information regarding registered sex offenders may be obtained. It also requires a registered sex offender to notify each institution of higher education in the state that they are employed, carries a vocation, or are a student. In the state of Washington, sex offenders who are enrolled in a public or private institution of higher education must also notify the local county sheriff immediately. Pursuant to the Community Protection Act of 1990, the Clark County Sheriff's Office is the lead agency for compiling and maintaining information on sex offenders residing in Clark County. Using this public information to threaten, intimidate or harass sex/kidnap offenders will not be tolerated by law enforcement agencies of Clark County. In addition any student violating this provision could be subject to the Clark College Student Code of Conduct.

Administrative Procedure 527.055 Notification Regarding Convicted Sex Offender:

This procedure is to inform the College community regarding the enrollment or presence, at the College, of a convicted Level 3 and/or Level 2 sex offender:

-Without creating excessive anxiety among the College community.

-Without contributing to a possible punitive reaction.

-Without causing undue damage to the positive College environment enjoyed by the College community.

 The College community is identified as faculty, staff, students, and the general public on or about the College campus.

 The following applies to identification and notification of a Level 3 sex offender:

  1. Law enforcement agencies will notify the College (if the offender is determined to be living near the College or if the law enforcement agency knows the offender is planning to attend the College).
  2. Each quarter, the College's director of security/safety will review the list of Level 3 offenders maintained by the law enforcement agencies. Names on the list will be checked to see if persons are enrolled or employed at the College.
  3. Information may be brought to the College administration by a member of the College community or the public.

 The vice president of administrative services and the vice president of student affairs are to be notified if it is determined that a Level 3 sex offender is attending or employed by the College.

 The following procedure will be utilized:

  1. Official communications regarding the offender will come only at the direction of the president or the vice president of administrative services.
  2. Upon notification by a law enforcement agency of the possible enrollment and/or identified presence of a convicted Level 3 sex offender, the vice president of administrative services, the vice president of student affairs, and the director of security/safety will meet and jointly determine the level of risk to the College community posed by the offender and the level of notification necessary. The following notification procedures will be invoked:
    Director of security/safety will notify the offender that his/her identity and relevant and necessary information will be released to the College community.
    b. Director of security/safety will notify the College through the campus master email list with a link to the sex offender page on the College website for more information.
    c. Vice president of student affairs will notify all students via the student email system with a link to the sex offender page on the College website for more information.
    d. The "Independent" or other appropriate means of communication will be used to notify the College student community of the presence of the Level 3 offender.
    e. Only the information that is relevant and necessary will be supplied by the College to the College community.  Requests for additional information will be referred to the appropriate law enforcement agency.
    f. At each Security Department office (main campus and CTC), a folder that includes the offender’s photo and criminal information sheet will be made accessible to the public. It is the responsibility of any satellite location to maintain their own information binder.
    g. Director of security/safety will notify officials at Hudson’s Bay High School and any other appropriate agencies.
    h. Director of security/safety will notify instructor(s) of the identity of any Level 3 sex offender who is registered in their class
  3. Other than the notification procedure, the offender will be provided the student rights and privacy protection that all other students receive.
  4. The offender is required to complete registration activity at least two weeks prior to the start of the academic quarter. Director of security/safety will notify local Department of Corrections and law enforcement personnel of this provision.
  5. Should the offender exhibit unacceptable behavior, he/she will be subject to the College disciplinary policy and/or referral to the appropriate law enforcement agency.
  6. In addition to notification, certain conditions may be placed on the offender if he/she becomes an employee of the College. The College maintains the right to assign employment hours, job duties, and work sites.
  7. Modified levels of notification may be appropriate depending on the level of risk. These will be determined jointly by the vice president of administrative services, the vice president of student affairs, and the director of security/safety.

 Upon notification by a law enforcement agency of the possible enrollment and/or identified presence of a convicted Level 2 sex offender, the director of security/safety shall notify the instructor(s) in whose class(es) the offender has enrolled.

 In the event the College employs a Level 2 or Level 3 sex offender, Human Resources will notify the employee's department.

Programs to Prevent Dating Violence, Domestic Violence, Sexual Assault, and Stalking

Clark College is committed to providing prevention programs and awareness campaigns to all members of our community.  Clark College is a community that values each individual, fosters inclusion, and cares about the well-being, health, and safety of each member. Clark offers two sets of online primary prevention and awareness courses (one for faculty/staff, and one for students) to provide more comprehensive education on sexual misconduct, VAWA, and Title IX.  The online courses for faculty/staff, titled Bridges: Building a Supportive Community, includes information on Title IX and the Campus SaVE Act as well as explaining consent, relationship violence, sexual assault, and sexual harassment. Additionally, this module outlines employees’ responsibilities for protecting students and offers practical advice and strategies. Training for faculty/staff is completed on an annual basis.

The online course for students, titled Think About It: Campus SaVE, includes information and definitions of sexual misconduct, consent, sexual assault, and domestic/dating violence. Additionally, this module includes information on bystander intervention, how to help a friend who is experiencing gender-based violence, and campus and community resources. This module is included as part of College 101, a required class for students seeking a transferrable degree.

In Fall 2017, Clark College received a Campus Programs Grant from the Office on Violence Against Women to reduce sexual assault, domestic/dating violence, and stalking. This grant is designed to strengthen campus response in three areas: strengthening campus security and investigation, implement prevention and education programs, and enhance victim services. Current efforts will be enhanced  by increasing training staff in the appropriate use trauma-informed interview and investigation techniques for cases involving sexual assault, domestic/dating violence, and stalking. Prevention and education will be expanded by requiring all incoming students to participate in a prevention program that includes information about the causes and effects of sexual assault, and domestic/dating violence, neurobiology of trauma, alcohol/drug facilitated sexual assault, and healthy relationships.

Additionally, students will be required to participate in a more comprehensive bystander intervention training based on the principles of the Green Dot curriculum. Both the prevention and bystander intervention programs will be adapted to the diverse and specific needs of historically underserved populations including students who are deaf/hard of hearing, LGBTQI+, blind/limited vision, of color, veterans, undocumented, on the autism spectrum, and/or have limited language proficiency. Prevention and bystander education will be expanded to provide more frequent and robust opportunities for all members of the campus community.

Victim services will be enhanced through training all members of campus disciplinary boards to respond effectively to situations involving sexual assault, and domestic/dating violence.  Additionally, our campus will have increased capacity to serve victims 24 hours a day, including those students from historically underserved groups (LGBTQI+, international, different cultural groups, etc.) with responsive referral and response protocols to support access to confidential victim services and advocacy. 

Clark College also offers on and off campus resources to student who may be impacted by sexual misconduct. For assistance with counseling, health or mental health related matters and victim advocacy, the Counseling and Health Center can be reached at (360) 992-2614 or chc@clark.edu.  For assistance with legal matters, the Associated Students of Clark College can be reached at (360) 992-2404 or studentlife@clark.edu.  For assistance with visa or immigration related matters, International Programs can be reached at (360) 992-2390 or international@clark.edu. For assistance with financial aid related Matters, the Financial Aid Office can be reached at (360) 992-2864 or finaid@clark.edu. For additional information, please visit the Title IX webpage @ http://www.clark.edu/clark-and-community/about/policies-procedures/title-IX/index.php) and the Resource Guide for Survivors of Sexual Misconduct.

Risk Reduction

The Clery Act defines "risk reduction" as, "Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence." (34 CFR 668.46(j)(2)(v))

Perpetrators, not victims, are responsible for dating violence, domestic violence, sexual assault, stalking, bullying and other crimes. However, the following information is available to faculty, staff and students:

 Personal Safety

If you are in immediate danger, call 911.

If you are concerned for your safety, and would like assistance in establishing a safety plan, in a confidential setting, a Counselor at the Counseling and Health Center (CHC), the YWCA Sexual Assault Program, or a Call to Safety Advocate (formerly known as Portland Women’s Crisis Line) can help you explore your options.

You CAN take some actions that may increase your safety and decrease the chances you will be targeted or victimized.

With regard to relationships:

 

More general safety tips:

 

Emotional Support

If you would like to speak with someone who might be able to help you make decisions and begin to heal, the Counselors at the Counseling and Health Center offer counselors offer free, confidential, individual counseling.

Medical Care

If you have been sexually assaulted or physically harmed, consider seeing a health-care provider to treat any injuries and discuss possible pregnancy concerns and/or sexually transmitted infections.

The Counseling and Health Center provides low-cost STI and pregnancy testing, treatment for injuries, and can assist with referrals.

Safe Kit – Evidence Collection

If you have been sexually assaulted and might want to press charges, it is ideal to have forensic evidence collected immediately by completing a Sexual Assault Forensics Exam (SAFE kit).

A SAFE kit can be obtained by visiting a local hospital’s emergency department within 84 hours of the assault. Choosing to get a SAFE kit does not obligate you to make a police report. Any evidence collected will be held for up to 6 months, giving you time to decide whether you would like to file a report in the future.

To preserve evidence, it is best to not change clothes or shower. If you do remove clothing, place them in a paper (not plastic) bag. If oral contact took place, try not to smoke, eat, drink, or brush your teeth until evidence can be collected. Preserving evidence may assist in proving the alleged criminal offense occurred or may be helpful in obtaining a protections order.

Helping a Friend

If you know someone who has experienced violence:

Believe them

Let them know it was not their fault

Avoid blaming or criticizing statements

Suggest they consider talking with a confidential support resource

Help them learn about their reporting and medical care options

Allow them to make choices

If you witness abuse or assault, intervene in a safe way.


If you would like more suggestions on how to help a friend, contact the Counseling and Health Center to speak with a Counselor.

 More information and options regarding this topic can be found on the Title IX page.

Bystander Intervention

The Clery Act defines bystander intervention as, "Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene." (34 CFR 668.46(j)(2)(ii))

Everyone has a responsibility to create a safe, supportive, and inclusive Clark College community. Bystander Intervention involves taking action in a situation when someone needs assistance. This should also include someone who is at medical risk due to using drugs or alcohol, or vulnerable to sexual or domestic/dating partner violence. To actively intervene:

  1. Pay attention to those around you
  2. Be aware that someone is taken advantage of, vulnerable, or in danger – Trust your feelings and react
  3. Take personal responsibility to intervene
  4. Make a decision how to respond appropriately –You don't have to put yourself at risk or make the situation worse
  5. Decide to intervene – take action and intervene at the earliest possible point – this may include:

 If you are not able to actively intervene in a situation, consider responding by asking the victim if they need help or assistance, contacting the police/security or seeking out others for help. Most importantly, "If you see something, say/do something!"

Drug and Alcohol Policies

Clark College has been designated "Drug Free". The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and/or federal laws. Employees are governed by Administrative Policy 615.017 DRUG FRE WORKPLACE, which states:

Any activities involving the use, possession, distribution, or sale of alcohol, unauthorized prescription drugs, controlled substances, or drug paraphernalia at College facilities are prohibited. Any exceptions must be approved by the College president in accordance with Administrative Procedure 510.040.

Employees will report to work in a fit condition, unaffected by alcohol, controlled substances, or unauthorized prescription drugs. Employees will not use alcohol, controlled substances, or unauthorized prescription drugs during working hours or while in paid standby status.

Employees will not utilize the College’s equipment, facilities, worksites, or properties for prohibited activities.

When there is a reasonable cause to believe that an employee’s work performance is affected by alcohol, controlled substances, authorized or unauthorized prescription drugs, Clark College may relieve the employee of duty, direct that the employee be tested for alcohol and controlled substances, and provide transportation to the employee’s personal residence. Such incidents will be documented and reported to the associate vice president of human resources and the appropriate Executive Cabinet member for further action, which may include disciplinary action.

Employees will not operate a state-owned, rented, or privately-owned vehicle while performing official duties if their performance is affected by alcohol, controlled substances, or unauthorized prescription drugs.

Employees using a prescription or non-prescription drug, which they believe may impair job performance, will inform their supervisor of such drug use. For the safety of all, supervisors may require employees to disclose use of prescription and non-prescription medication and provide information on potential job impacts. Employees whose work performance is temporarily impacted by prescription and non-prescription drugs may be reassigned productive alternate work if available or be required to take leave.

Employees convicted of a violation of a criminal drug statute occurring in the workplace must notify their immediate supervisor within five days of their conviction. Within 30 days of this notification, the College may impose appropriate disciplinary action, up to and including dismissal, and/or require that the employee satisfactorily complete an approved substance abuse rehabilitation program.

If at any time driving is a job assignment, employees will immediately notify their supervisor in writing of any driving citations involving controlled substances or alcohol and any convictions that result from the citations.

Employees must submit to alcohol and controlled substance testing when required by this procedure (Administrative Procedure 515.017). A refusal to test is considered the same as a positive test.

All employees will comply with these rules, and those found to be in violation will be subject to corrective/disciplinary action according to appropriate CBA’s, WAC’s, or College procedures.  Disciplinary action, up to and including dismissal, may be considered for any violation consistent with the appropriate collective bargaining agreement.

Students are governed by WAC 132N-125-035 Prohibited Student Conduct § (10) alcohol, drug and tobacco violations, which states;

(a) Alcohol. The use, possession, delivery, sale, or being visibly under the influence of any alcoholic beverage, except as permitted by law and applicable college policies.

(b) Marijuana. The use, possession, delivery, sale, or being visibly under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities.

(c) Drugs. The use, possession, delivery, sale, or being under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in chapter 69.41RCW, or any other controlled substance under chapter 69.50 RCW, except as prescribed for a student's use by a licensed practitioner.

(d) Tobacco, electronic cigarettes, and related products. Consistent with its efforts to promote wellness, fitness, and a campus environment conducive to work, study, and activities for staff, students, and the public, Clark College maintains a tobacco-free campus. The use of tobacco, electronic cigarettes, and related products in any building owned, leased, or operated by the college or in any location is prohibited. "Related products" include, but are not limited to, cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, and snuff.


Violators are subject to college disciplinary action from the Student Conduct office and criminal prosecution fines and imprisonment through local, state or federal law enforcement agencies. 

 Excessive drug and alcohol use can negatively impact your ability to be a successful student.  Use of these substances are also prohibited on campus according to the Code of Student Conduct (WAC 132N-125-035)

If students are concerned that their drug or alcohol use is affecting their lives in negative ways, the counselors at the Counseling and Health Center can help!  Call 360-992-2614 or email chc@clark.edu to schedule an appointment.

 Employee Training

All employees are required to review administrative policy related to the use of drugs and alcohol as well as complete in-service training on an annual basis.  Additional education and services are available to employees through the college’s Employee Assistance Program.

Crime Prevention Education and Security Awareness

The Campus Security Director and/or designee, meets with particular campus departments and personnel to assist with planning related to crime prevention, safety, and security. The Campus Security Director is available upon request to discuss similar issues with interested campus groups or student organizations, and meets with participants in off-campus student programs. VPD, CCSO and the Department of Corrections (DOC) also provide presentations to the college community.

College 101, which is a course that helps students make a successful transition to college.  The 2-credit class provides valuable information and introduces important campus resources.  As of summer quarter 2016, College 101 is required for all students pursuing an Associate of Arts – Direct Transfer Agreement degree from Clark College.  Topics discussed in College 101 include Title IX, Student Rights and Responsibilities, Bystander Intervention, Mass Notification Systems and Campus Safety.

Crime prevention information can also be obtained by accessing the VPD web site at http:///www.cityofvancouver.us/police/page/crime-prevention.

A common theme of all awareness and crime prevention programs is to encourage students and employees to be aware and responsible for their own security and the security of others. Students and employees must also be aware of their responsibility to protect their personal property and property belonging to the college. Information is disseminated to students and employees through crime prevention awareness pamphlets, e mails, security alert posters, displays and articles in the student newspaper. When time is of the essence, information is released to the college community through emergency notifications, timely warnings, and security alerts posted prominently throughout campus and communications methods. 

Campus Security maintains a bulletin board on main campus. Hard copies of the crime statistics for main campus, CTC and WSU-Vancouver for the past 3 years are available at the Lost and Found desk, which is located in Gaiser Hall

Annual Fire Safety Report

Clark College does not currently maintain any on-campus student housing facilities and does not prepare an Annual Fire Safety Report. 

Off-Campus Criminal Student Conduct

At this time Clark College has no off-campus housing nor does it have fraternity or sorority organizations. Campus Security maintains a close working relationship with local law enforcement. Campus Security will assist local law enforcement with Clark College student issues when requested but Campus Security Officers do not actively monitor off campus, non-college sponsored activities or individuals conduct. 

Missing Student Notification Policy

Clark College does not maintain on-student housing facilities and, therefore, is not required to have a missing student notification policy. If a Clark College student is reported missing,  campus security will assist the investigating law enforcement agency in any way possible. This includes posting notifications on the agency website as well as posting notifications physically on campus.

Disclosure of Crime Statistics

Annual Crime/Security Report Crime Statistics

Crime statistics include reports of, arrests for, and disciplinary actions arising from selected crimes. This is part of Clark College annual report, which we encourage you to read in full. The annual crime statistics are derived through a comparison of data collected throughout the calendar year Campus Security, Student Affairs and  VPD. The data collected from each source is compared to that collected from the other sources in order to eliminate double reporting of single instances and to ensure the hierarchy rule, as described below, is correctly applied.

Clark College has no off campus and resident facilities; therefore, no statistics are recorded for these locations. The college does not record statistics for crimes involving students or student organizations that occur off-campus as part of the Uniform Crime Report. However,

If you have questions regarding the statistics published in this report, please contact Campus Security.

The Annual Crime /Security Report contains statistics concerning the occurrence of crimes on campus, in or on non-campus buildings/ property, and on public property during the most recent calendar year and during the two preceding calendar years for which data is available-of the following criminal offenses reported to campus security authorities or local police agencies. The report is published on the institution’s website at http://www.clark.edu/campus-life/student-support/security/report.php and is made available to faculty, staff and students. 

Hate Crimes
Any of the above-mentioned offenses, and any incidents of Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property and other crimes involving bodily injury to any person, in which the victim is intentionally selected because of the actual or perceived race, gender, religion, national origin, sexual orientation, gender identity, ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies;

Clark College lists the domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.

The Hierarchy Rule
In cases that involve multiple offenses, Clark College uses the FBI's Uniform Crime Report
Hierarchy Rule. This rule requires the college to count only the most serious offense
when more than one offense was committed during a single incident. A single incident means
that the offenses were committed at the same time and place. That is, the time interval between the offenses and the distance between the locations where they occurred were insignificant.
Beginning with the most serious offense, the following list shows the hierarchy for Clery Act
reporting:

Murder and Non-negligent Manslaughter
Negligent Manslaughter
Sexual Assault
Robbery
Aggravated Assault
Burglary
Motor Vehicle Theft

 

Reported Incidents On or Near College Main Campus Facilities(1)

 

2017

 

2016

 

2015

 

ONC

OCC

NON

 

ONC

OCC

NON

 

ONC

OCC

NON

Criminal Offenses (Count by Occurrence) (2)

Murder

0

0

0

 

0

0

0

 

0

0

0

Manslaughter

0

0

0

 

0

0

0

 

0

0

0

Rape

0

0

0

 

0

0

0

 

0

0

0

Fondling

0

0

0

 

0

0

0

 

2

0

0

incest

0

0

0

 

0

0

0

 

0

0

0

Statutory Rape

0

0

0

 

0

0

0

 

0

0

0

Robbery

0

1

0

 

0

0

0

 

0

0

0

Aggravated Assault

0

4

0

 

2

0

1

 

0

0

0

Burglary

0

0

0

 

0

0

0

 

0

0

0

Motor Vehicle Theft

0

4

0

 

6

0

3

 

11

0

0

Arson

0

0

0

 

0

0

0

 

0

0

0

Arrests for Violations (Count by Individual)

Liquor Laws

0

0

0

 

0

0

0

 

0

0

0

Drug Laws

0

1

0

 

0

0

0

 

0

0

0

Illegal Weapons

0

0

0

 

0

0

0

 

0

0

0

Disciplinary Referrals for Violations

Liquor Laws

2

0

0

 

0

0

0

 

0

0

0

Drug Laws

1

0

0

 

0

0

0

 

1

0

0

Illegal Weapons

0

0

0

 

0

0

0

 

0

0

0

Relationship Violence and Stalking

Domestic Violence

0

0

0

 

0

0

0

 

1

0

0

Dating Violence

0

0

0

 

0

0

0

 

0

0

0

Stalking

0

0

0

 

0

0

0

 

0

0

0

Hate Related Crimes (Count by Occurrence and Category)

Race

1

0

0

 

0

0

0

 

0

0

0

Ethnicity

0

0

0

 

0

0

0

 

0

0

0

Gender

0

0

0

 

0

0

0

 

0

0

0

Disability

0

0

0

 

0

0

0

 

0

0

0

Religion

1

0

0

 

0

0

0

 

1

0

0

Sexual Orientation

1

0

0

 

0

0

0

 

0

0

0

National Origin

0

0

0

 

0

0

0

 

0

0

0

Gender Identity

0

0

0

 

0

0

0

 

0

0

0

Unfounded Crimes

Total Unfounded Crimes

0

0

0

 

0

0

0

 

0

0

0

 

  1. Includes incidents reported to College authorities and to the local law enforcement (VPD).
  2. ONC: On-Campus.) This category includes incidents that occurred on the main campus of the College.
  3. OCC: Off-Campus Contiguous. This category includes incidents that occurred on property immediately adjacent to and accessible from the campus. This includes incidents that have occurred in Water Works Park (City of Vancouver Parks Department) and reported to the VPD.
  4. NON: Non-Campus Facilities. This category includes incidents that occurred on property other than the main campus, was owned or controlled by the College

 

Reported Incidents On or Near Columbia Tech Center (CTC)(1)

 

2017

 

2016

 

2015

 

ONC

OCC

NON

 

ONC

OCC

NON

 

ONC

OCC

NON

Criminal Offenses (Count by Occurrence) (2)

Murder

0

0

0

 

0

0

0

 

0

0

0

Manslaughter

0

0

0

 

0

0

0

 

0

0

0

Rape

0

0

0

 

0

0

0

 

0

0

0

Fondling

0

0

0

 

0

0

0

 

0

0

0

Incest

0

0

0

 

0

0

0

 

0

0

0

Statutory Rape

0

0

0

 

0

0

0

 

0

0

0

Robbery

0

0

0

 

0

0

0

 

0

0

0

Aggravated Assault

0

0

0

 

0

0

0

 

0

0

0

Burglary

0

0

0

 

0

0

0

 

0

0

0

Motor Vehicle Theft

0

0

0

 

0

0

0

 

0

0

0

Arson

0

0

0

 

0

0

0

 

0

0

0

Arrests for Violations (Count by Individual)

Liquor Laws

0

0

0

 

0

0

0

 

0

0

0

Drug Laws

0

0

0

 

0

0

0

 

0

0

0

Illegal Weapons

0

0

0

 

0

0

0

 

0

0

0

Disciplinary Referrals for Violations

Liquor Laws

0

0

0

 

0

0

0

 

0

0

0

Drug Laws

0

0

0

 

0

0

0

 

0

0

0

Illegal Weapons

0

0

0

 

0

0

0

 

0

0

0

Relationship Violence and Stalking

Domestic Violence

0

0

0

 

0

0

0

 

0

0

0

Dating Violence

0

0

0

 

0

0

0

 

0

0

0

Stalking

0

0

0

 

0

0

0

 

0

0

0

Hate Related Crimes (Count by Occurrence and Category)

Race

0

0

0

 

0

0

0

 

0

0

0

Ethnicity

0

0

0

 

0

0

0

 

0

0

0

Gender

0

0

0

 

0

0

0

 

0

0

0

Disability

0

0

0

 

0

0

0

 

0

0

0

Religion

0

0

0

 

0

0

0

 

0

0

0

Sexual Orientation

0

0

0

 

0

0

0

 

0

0

0

National Origin

0

0

0

 

0

0

0

 

0

0

0

Gender Identity

0

0

0

 

0

0

0

 

0

0

0

Unfounded Crimes

Total Unfounded Crimes

0

0

0

 

0

0

0

 

0

0

0

 

 

Notes to crime statistics:

  1. NON: Non-Campus Facilities. This category includes incidents that occurred on property other than CTC, was owned or controlled by the College
  2. Includes incidents reported to College authorities and to the local law enforcement (VPD).
  3. ONC: On-Campus.) This category includes incidents that occurred on the CTC campus..
  4. OCC: Off-Campus Contiguous. This category includes incidents that occurred on property immediately adjacent to and accessible from the campus.


WSU-V Department of Public Safety is contracted to provide Facilities and Security Coverage at Clark College at WSU-Vancouver (CCW). The below crimes statistics have been taken from the Washington State University-Vancouver Annual Crime Report. Any Clark College student discipline referrals (drugs, alcohol, weapons) would be listed in the Clark College Main Campus statistics in the Non Campus section.

Reported Incidents On or Near College Facilities (CCW)(1)

 

2017

 

2016

 

2015

 

ONC

OCC

NON

 

ONC

OCC

NON

 

ONC

OCC

NON

Part I - Reported

Murder/Non-negligent manslaughter

0

0

0

 

0

0

0

 

0

0

0

Negligent Manslaughter

0

0

0

 

0

0

0

 

0

0

0

Sex Offense, (Forcible)a

0

0

0

 

0

0

0

 

0

0

0

Sex Offense, (Non-forcible)b

0

0

0

 

0

0

0

 

0

0

0

Robbery

0

0

0

 

0

0

0

 

0

0

0

Burglary

0

0

0

 

0

0

0

 

1

0

0

Arson

0

0

0

 

0

0

0

 

0

0

0

Aggravated Assault

0

0

0

 

0

0

0

 

0

0

0

Motor Vehicle Theft

1

0

0

 

0

0

0

 

0

0

0

Relationship Violence and Stalking

Domestic Violence

0

0

0

 

0

0

0

 

0

0

0

Dating Violence

0

0

0

 

0

0

0

 

0

0

0

Stalking

0

0

0

 

1

0

0

 

1

0

0

Hate Crimes by Category
[Hate Crimes are define and listed under the Timely Warnings section of this report]

Race

0

0

0

 

0

0

0

 

0

0

0

Ethnicity

0

0

0

 

0

0

0

 

0

0

0

Gender

0

0

0

 

0

0

0

 

0

0

0

Disability

0

0

0

 

0

0

0

 

0

0

0

Religion

0

0

0

 

0

0

0

 

0

0

0

Sexual Orientation

0

0

0

 

0

0

0

 

0

0

0

Part One Crime Totals

1

0

0

 

1

0

0

 

2

0

0

Part II - Reported

Liquor Law Violation

0

0

0

 

0

0

0

 

0

0

0

Drug Abuse Law Violation

0

0

0

 

0

0

0

 

0

0

0

Illegal Weapons Violation

0

0

0

 

0

0

0

 

0

0

0

Part Two Crime Totals

0

0

0

 

0

0

0

 

0

0

0

 

NUMBER OF ARRESTS AND CAMPUS DISCIPLINE REFERRALS

Arrests

18 Yrs.  And Over

0

0

0

 

1

0

0

 

2

0

0

17 Yrs. And Under

0

0

0

 

0

0

0

 

0

0

0

ARRESTS OR REFERRALS FOR CAMPUS DISCIPLINARY ACTION FOR:

Alcohol Abuse Violations

Arrests

0

0

0

 

0

0

0

 

0

0

0

Referrals

0

0

0

 

0

0

0

 

0

0

0

Drug Abuse Violations

Arrests

0

0

0

 

0

0

0

 

0

0

0

Referrals

0

0

0

 

0

0

0

 

0

0

0

Weapon Possessions/Violations

Arrests

0

0

0

 

0

0

0

 

0

0

0

Referrals

0

0

0

 

0

0

0

 

0

0

0


TABLE NOTES

  1. ONC: On Campus: This category includes incidents that occurred on the main campus.
  2. OCC: Off-campus contiguous. This category includes incidents that occurred on public property immediately adjacent to and accessible from the campus. The information in this category is provided by the Clark County Sheriff's Department. For additional information on crime statistics in Clark County, please contact the Clark County Sheriff's Department at: (360) 397-2211.
  3. NON: Non-campus facilities. This category includes incidents that occurred on property other than the main campus owned or controlled by the university and used in support of our educational purposes. WSU has no Non-campus facilities at this time.
  4. The F.B.I. defines forcible sex offenses as: rape and attempted rape, forcible sodomy, sexual assault with an object, and forcible fondling.
  5. The F.B.I. defines non-forcible sex offenses as: incest and statutory rape.
  6. The number of persons referred for disciplinary action does not include persons arrested and reported in the arrest categories above.

Effective from the 1999 calendar year, the Clery Act requires the reporting of crime statistics for an expanded area beyond WSU Vancouver's campus. The law and accompanying regulations also require these statistics to be shown in specific geographic categories (or venues) as defined below.

Federal regulations define On Campus as any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and any building or property that is within or reasonably contiguous to the said area and is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor) 34 CFR 668.46(a).

On campus–residential facilities only is a sub-category of On Campus showing the number of on-campus crimes that took place in dormitories or other residential facilities for students on campus 34 CFR 668.46(c)(4)(ii). NOTE: WSU Vancouver does not have residential facilities or a residential population. On adjacent public property is defined as all public property, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus, or immediately adjacent to and accessible from the campus 34 CFR 668.46(a). In or on a non-campus building or property is defined as any building or property owned or controlled by a student organization that is officially recognized by the institution and any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution 34 CFR 668.46(a). NOTE: WSU Vancouver has no property meeting this definition.

Hate Crimes: The Clery Act requires the separate reporting, by category of prejudice, of any crime reported in the classifications above and any other crime involving bodily injury that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability. No hate crimes were reported in the crime classifications in the above table at Washington State University Vancouver from 1998 to 2004.

The University does not record statistics for crimes involving students or student organizations that occur in other law enforcement jurisdictions as part of the Uniform Crime Report. However, the Washington State University Vancouver Department of Public Safety does maintain good communication with local law enforcement and tries to monitor incidents involving students that do occur in other jurisdictions.