No harassment and student Code of Conduct policy
KCAI is committed to maintaining an educational and work environment that is free from
discrimination and harassment in which all members of the KCAI community (e.g., faculty, staff, students, visitors, donors, vendors) are able to devote their full attention and best efforts to the job, educational pursuits, or other association with KCAI. KCAI believes that each person should be given an equal right to succeed based on his or her abilities and academic or job performance, without being bothered or distracted by offensive behavior on the part of other individuals associated with the KCAI community. Each person has a right to personal privacy and dignity. All members of the KCAI community are responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, everyone is responsible for respecting the rights of all others at KCAI.
Harassment, either intentional or unintentional, has no place in the educational or work environment. Accordingly, KCAI does not authorize and will not tolerate any form of harassment of or by any student, employee (i.e., supervisory or non-supervisory) or others associated with KCAI based on race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law. The term “harassment” for all purposes includes, but is not limited to, offensive language, jokes, or other verbal, graphic or physical conduct relating to a person's race, color, national origin, ancestry, sex, age, creed, religion, disability, marital, parental or veteran status, sexual orientation, or any other factor protected by law, which would make a reasonable person experiencing such harassment uncomfortable in the educational or work environment or which could interfere with a person’s academic success or job performance.
To educate all students and employees and to comply with federal and state laws, KCAI has issued this policy together with an internal complaint procedure for investigation of allegations of harassment. KCAI takes the matter of harassment very seriously. All acts of harassment in the workplace or on or within the campus, whether or not specifically mentioned in this policy, are considered a major offense and will result in corrective action, up to and including discharge from employment or expulsion from the college.
Sexual harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that adversely affects the terms and conditions of educational pursuits or employment when:
- Submission to the conduct is made either explicitly or implicitly a condition of academic success or a condition of employment;
- Submission to or rejection of the conduct is used as the basis for an academic or employment decision affecting the harassed student or employee; or
- The sexual conduct substantially interferes with a student's academic performance or an employee’s work performance or creates an intimidating, hostile or offensive educational or work environment.
Prohibited acts of sexual harassment can take a variety of forms, ranging from off-color jokes to subtle pressure for sexual activity to sexual assault. With the exception of generally acceptable behavior such as a handshake, no person should intentionally touch another. People should not be questioned about their sex lives or sexual preferences. Sexual harassment can be of a male to female nature, female to male nature, male to male nature, or female to female nature.
It is not possible to identify in this policy each and every act that may constitute sexual harassment. The following are examples of prohibited conduct:
Examples of sexual harassment
- Threat, advance, or suggestion of sexual relations or sexual contact that is not freely or mutually agreeable to both parties.
- Threats or insinuation that the person’s grades, academic success, educational references or other conditions related to academics, or the person's employment, wages, promotional opportunities, job or shift assignments, or other conditions of employment may be adversely affected by not submitting to sexual advances.
- Repeated requests for social engagements or interactions, when prior social invitations have been refused or when the person has otherwise indicated such invitations are unwelcome.
- Continual or repeated verbal abuse of a sexual nature including graphic commentaries regarding a person’s body; comments regarding sexual behavior; sexually degrading words to describe a person; sexually suggestive gestures, including staring, leering, or ogling the person’s body; unwelcome requests for sexual behavior; lewd comments, sexual innuendoes, and other vocal activity such as catcalls, wolf whistles, etc.
- Unwanted touching, rubbing, patting, or other physical contact with a person.
- Display of photographs, cartoons, articles, or other written materials or images of a sexual nature in the educational environment or workplace which are outside of the context of art and design education. However, the art and design education context may not be used as a screen for harassment.
- Transmitting or accessing sexually explicit materials by computerized, electronic, or other means, such as email, voice mail, text messaging and social media which is outside of the context of art and design education. However, the art and design education context may not be used as a screen for harassment. KCAI may review, audit, intercept, access, and disclose all matters on KCAI’s computer, electronic, or telephone systems or equipment at any time, with or without employee notice, and that access may occur during or after working hours. The use of KCAI-provided password or code does not restrict KCAI’s from accessing communications on its computer, electronic, or telephone equipment or systems.
- Sexual violence, including sexual assault, rape, sexual battery and sexual coercion.
Mutually agreeable, or consent, means an informed agreement communicated in clear and understandable words or actions to participate in sexual activity. Consent cannot be inferred. A person incapacitated by alcohol or drugs, asleep, physically impaired or unable to communicate in clear and understandable words or actions is incapable of giving consent or mutual agreement.
Other forms of harassment
Harassment based upon race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law (“other harassment”) is equally serious and is expressly prohibited.
Other harassment includes any verbal, written, or physical act in which race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law is used or implied in a manner that would make a reasonable person uncomfortable in the educational or work environment or that would interfere with the person's ability to accomplish academic success or perform the job. Examples of other harassment include jokes that include reference to race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law; the display or use of objects or pictures that adversely reflect on a person’s race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law if the object or image is outside of the context of art and design education because the art and design education context may not be used as a screen for harassment; or use of language that is offensive due to a person’s race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law.
No retaliation
No reprisals will be taken against anyone who makes a discrimination, harassment, or sexual harassment complaint or who participates in an investigation. KCAI will also not tolerate any person retaliating against another who made a discrimination or harassment complaint or who participated in an investigation. Any person who feels that retaliatory action has been taken at any time because he or she complained of harassment or participated in an investigation immediately should report that action to the Director of Human Resources, the Vice President for Enrollment Management and Student Achievement, or the Executive Vice President for Administration.
Reporting discrimination, harassment and sexual harassment
KCAI cannot resolve matters that are not brought to its attention. Any person, regardless of academic standing, rank, status or position, who has a complaint of or who witnesses discrimination, harassment, or sexual harassment on or off campus by anyone, including KCAI peers, faculty, supervisors, managers, employees or even non-employees, and third parties has a responsibility to immediately report the incident. Incidents should be reported to the Vice President for Enrollment Management and Student Achievement, the Executive Vice President for Administration (the Title IX Coordinator), Director of Safety and Security, Dean of Students, or the Director of Human Resources. KCAI will investigate the complaint and determine appropriate action. In cases of student harassment or sexual harassment, reported incidents may follow KCAI’s Student Code of Conduct policies, procedures, and timelines. Anyone reporting sexual assault and other crimes should also consider the option to pursue criminal complaints with the Kansas City, Missouri Police Department or local law enforcement.
It should be remembered that absolutely anyone has the right to tell the discriminator or harasser that the conduct is offensive and to insist that the conduct stop and to report inappropriate actions.
KCAI will protect privacy to the fullest extent. However, confidentiality cannot be guaranteed. Under Title IX guidelines, in cases of sexual harassment, the college must investigate reports, as well as take action to stop sexual harassment and prevent recurrence with or without the cooperation of the person(s) filing the report and/or person(s) involved in the incident reported. The college may also investigate and take action if aware of an incident in which no formal report has been filed.
Reports should be made to:
Vice President for Enrollment Management and Student Achievement
Office of Student Life and Admissions, first floor, Vanderslice Hall
816-802-3473
Executive Vice President for Administration, Title IX Coordinator
Business Office, second floor, Vanderslice Hall
816-802-3431
Director of Safety and Security
Office of Safety and Security, second floor, Vanderslice Hall
816-802-3399
Dean of Students, Deputy Title IX Coordinator
Mineral Hall, first floor
816-802-3397
Director of Human Resources, Deputy Title IX Coordinator
Office of Human Resources, second floor, Vanderslice Hall
816.802.3434
Investigating complaints
KCAI will thoroughly and promptly investigate all claims of discrimination or harassment. Based on the investigation, KCAI will determine whether the complained-of conduct violates this policy. The totality of the circumstances, the nature of the discrimination or harassment, and the context in which the alleged incidents occurred will be considered in making this determination. If discrimination or harassment has occurred, appropriate corrective action will be taken, up to and including discharge from employment or expulsion from the college.
If an individual outside of student status at KCAI or not in the employ of KCAI has engaged in any form of discrimination or harassment of anyone at KCAI, then KCAI will take appropriate action to correct the situation.
Confidentiality
Confidentiality regarding discrimination and harassment complaints and investigations will be maintained to the extent possible. Information will be released only on a “need to know” basis. The complaining individual and the alleged discriminator or harasser will be informed of the determination.
KCAI’S commitment to effective anti-discrimination and anti-harassment policies
If any member of the KCAI community feels KCAI has not met its obligations under this policy, the person should contact the Director of Human Resources. Effective anti-discrimination and anti-harassment policies depend on everyone, working together, to address this very important subject.
KCAI Code of Conduct procedures
Student code of conduct proceedings do not follow formal criminal or civil court procedures, or formal standards of evidence. Student conduct of conduct proceedings are officiated by the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement.
Reporting Procedures
Inappropriate conduct by a student may be reported by Residence Life Staff, College Security, or any other member of the college community, including another student.
Reports of alleged violations are submitted in writing to the Dean of Students and the Vice President of Enrollment Management. Reports are accepted up to nine months after the date of the alleged violation, with the exception of sexual misconduct allegations, which may be reported beyond this time period. Reports will be taken unless it is impossible to do so based on the passage of time or the unavailability of evidence.
Review of Reports
The Dean of Students and the Vice President for Enrollment Management and Student Achievement will review all incident reports.
Processes
Incident Review Conference and Investigation
Upon determining that the alleged incident reported may be a violation of the Student Code of Conduct, KCAI will begin a full investigation.
Individuals involved in the alleged incident will receive notice to meet with the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement for an Incident Review Conference to discuss the allegations and options for appropriate resolution, including the determination of the appropriate code of conduct proceeding. Based on the conference and severity of the allegation, the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement will determine if the student will participate in a Minor Offense Hearing, Administrative Hearing, or a Code of Conduct Board Hearing.
Notice
Following the Incident Review Conference, KCAI will provide notice to the student of the determined code of conduct proceeding within 10 business days (defined as Monday through Friday 8:30 a.m. to 5 p.m. when the college is in session). Notice will include the date, time, location, and type of the alleged unacceptable conduct, as well as the time, date, and location of the hearing. Notice will be hand delivered by Security personnel to the student in a class or studio, delivered to rooms in the Living Center, or mailed via US postal service to the student’s local address.
If after receiving notice, the student and/or witnesses fail to appear at the designated time the conference or hearing will be held in the absence of these parties by the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement and the resolution and appropriate sanctions will be determined based on the available information. A conference and/or hearing may be postponed upon the student’s written request to and at the discretion of the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement.
Code of Conduct Review Proceedings
(1) Minor Offense Hearing:
A student who does not contest the allegations of a minor offense will meet with the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement. All decisions and sanctions are final with no right to appeal. In the event that the appropriate code of conduct proceeding is determined to be a Minor Offense Hearing, the Incident Review Conference may serve as the Minor Offense Hearing, and sanctions may be determined at the time of the conference.
(2) Administrative Hearing:
The Dean of Students and/or the Vice President for Enrollment Management and Student Achievement will conduct the Administrative Hearing. At the hearing, the charges and supporting information will be presented by the Dean of Students an/or the Vice President. The student is responsible for presenting his/her own position, and may make a verbal and/or written statement. The student and the administrators have the right to present witnesses. The Dean and/ or the Vice President will determine if the student is allowed in the same room as the witnesses. Sanctions are determined by the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement. In the event that the appropriate code of conduct proceeding is determined to be an Administrative Hearing, the Incident Review Conference may serve as the Administrative Hearing, and sanctions may be determined at the time of the conference. Administrative hearings may be appealed.
(3) Code of Conduct Board Hearing:
The Dean of Students and/or the Vice President for Enrollment Management and Student Achievement will conduct the Code of Conduct Board Hearing, and the board includes two additional faculty and/or staff members. The student is responsible for presenting his/her own position, and may make a verbal and/or written statement. The student and the board have the right to present witnesses. The Dean and/or the Vice President will determine if the student is allowed in the same room as the witnesses. The board will decide if the student is in violation and will determine the appropriate sanctions. Code of Conduct Board Hearings may be appealed.
The student may have an advisor of choice present at any code of conduct proceeding. Advisors are not permitted to participate directly in any conference or hearing, or act as legal counsel for purposes of such proceedings. The advisor may not ask questions or contribute to the discussion. The advisor may only talk with the student.
Code of Conduct Incident Review Conferences and hearings may be recorded. Recordings are erased/destroyed seven years after the date of the recording. Recordings will be available in the consideration of appeals. Deliberations are not recorded.
Determinations of code of conduct proceedings shall be made on the preponderance of evidence.
Students with an unresolved allegation who withdraw from KCAI cannot be readmitted until an incident is adjudicated.
Sanctions
A student’s history of inappropriate conduct and the nature and/or severity of the incident are considered in determining appropriate sanctions. More than one sanction may also be imposed upon a student. If a student does not comply with imposed code of conduct sanctions, holds may be placed on student accounts and/or more serious sanctions may be imposed.
The following is a list of possible sanctions and should not be regarded as all-inclusive:
Warnings:
Written or verbal warnings may be issued to the student. A warning indicates that if the student is found in violation of the student code of conduct again, further code of conduct proceedings may occur.
Restitution and Monetary Fines:
Reimbursement for damage to college and/or personal property, services, and repairs may be a sanction. Monetary fines are possible sanctions for all code of conduct violations. If the student resides in the Living Center or other leased housing, restitution and fines may be deducted from the student’s housing deposit. Some violations have specified monetary fines.
Apologies:
Students in violation may be asked to make apologies in writing and/or verbally to the victim and/or others involved in the incident.
Loss of Privileges:
The loss of privileges includes the denial of specific student privileges for a designated period of time.
Disciplinary Probation:
Probation is a specific period of time in which the student is expected to demonstrate acceptable behavior. In the event the student is found in violation of the student code of conduct while on disciplinary probation, additional sanctions may be imposed.
No Contact Order:
Students may be required to have no contact with another student specified by the Dean of Students and/or the Vice President of Enrollment Management and Student Achievement. This includes no talking, no virtual and social media communication, communication through others, possible reassignment of classes, etc. A no contact order may be issued pending the resolution of code of conduct proceedings.
Expulsion from the Living Center and/Chequers Apartments/or Oak Place Apartments and housing reassignment:
Expulsion from the Living Center and/Chequers Apartments/or Oak Place Apartments is the permanent removal of the student from campus-owned or leased housing and termination of the room and board contract or lease agreement. Housing reassignment is the relocation of a student to another room, floor, or building. If the student is deemed a danger to the safety of others, the student may be removed from housing or reassigned pending the resolution of code of conduct proceedings. The student may be expelled from campus-owned or leased housing without being expelled from classes. The student may be held responsible for costs associated with the termination of a housing contract/lease agreement.
Suspension:
Suspension is the exclusion from classes and school property for a designated period of time. If the student is deemed a danger to others, the student may be suspended pending the resolution of code of conduct proceedings.
Expulsion:
Expulsion is the permanent removal of the student from the Kansas City Art Institute and termination of student status. The expelled student does not have the opportunity for degree completion at KCAI.
Post Hearing
Following the determined code of conduct review proceeding, the student will be notified of the code of conduct resolution in writing within five business days. In cases of sexual misconduct and violent crimes (as defined by the Family Educational Rights and Privacy Act of 1974, as amended, and the U.S. Department of Education and Office of Civil Rights) both the victim and the accused student will be notified of the code of conduct resolution in writing within five business days. Based on the information presented during the code of conduct review proceeding, the student will be notified of one of the following outcomes:
A. The student was found in violation of the student code of conduct. A notification letter will detail the type, date and location of the violation, the imposed sanctions, and the information regarding the appeal process (if applicable).
Or
B. The charges have been dropped and the student was found not in violation of the student code of conduct.
A notification letter will be hand delivered by Security personnel to the student in a class or studio, delivered to rooms in the Living Center, or mailed via US postal service to the student’s local address.
Documentation of the findings of violations will be placed in the student’s disciplinary file but are not placed in the student record. Students may request to review disciplinary records by submitting a written request to the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement.
Appeals
The student may appeal the resolution of an Administrative Hearing or Code of Conduct Board Hearing in writing to the Dean of Students and/or the Vice President for Enrollment Management and Student Achievement within ten business days of the issued resolution letter. In cases of sexual misconduct and violent crimes (as defined by the Family Educational Rights and Privacy Act of 1974, as amended, and the U.S. Department of Education and Office of Civil Rights) both the victim and the accused student may appeal the resolution of an Administrative or Code of Conduct Board Hearing. If the student receives the resolution letter via US mail, the request for appeal must be submitted within ten business of the postmarked letter.
The Vice President for Enrollment Management and Student Achievement or the President of the college will consider the request for appeal and conduct the appeal hearing, if applicable. If the Vice President for Enrollment Management and Student Achievement participated in the initial hearing, the President will hear the appeal. If the Vice President for Enrollment Management and Student Achievement did not participate in the initial hearing, he or she will hear the appeal.
A code of conduct resolution will only be reversed or remanded if:
A. The college did not follow published code of conduct procedures.
B. New information is available that was unavailable at the time of the hearing, and the new information is relevant to the code of conduct resolution.
C. The sanction is inappropriate for the violation.
The written request for appeal must include:
A. Name of the student.
B. Time, date, and location of the violation.
C. Type of violation.
D. Resolution of the code of conduct process and imposed sanctions.
E. Reason for appeal (see reasons for reversal listed above).
F. Supporting material, if applicable.
The Vice President for Enrollment Management and Student Achievement or the President of the college will render a written decision to student within 10 business days of the appeal. In cases of sexual misconduct and violent crimes (as defined by the Family Educational Rights and Privacy Act of 1974, as amended, and the U.S. Department of Education and Office of Civil Rights) both the victim and the accused student will be notified of the resolution of the appeal. Notice will be hand delivered by Security personnel to the student in a class or studio, delivered to rooms in the Living Center, or mailed via US postal service to the student’s local address.
The Vice President for Enrollment Management and Student Achievement or the President of the college may:
A. Uphold the original resolution and sanctions.
B. Uphold the original resolution and alter the sanctions.
C. Dismiss original resolution and sanctions.
The decision of the Vice President for Enrollment Management and Student Achievement or the President of the college is final and binding. There are no further appeals available.