No discrimination, harassment and sexual misconduct policy

The Kansas City Art Institute is committed to maintaining an educational and work environment that is free from sexual misconduct, discrimination and harassment, in which all members of the KCAI community (e.g., faculty, staff, students, visitors, donors, vendors, etc.) are able to devote their full attention and best efforts to the job, educational pursuits or other association with KCAI. To this end, KCAI encourages and expects reporting of any and all behaviors of this nature so that they may be promptly addressed. 

KCAI believes that each person should be given an equal right to succeed based on their 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 sexual misconduct, discrimination and harassment on and off campus by not only following this policy, but also by engaging in appropriate bystander intervention should they observe inappropriate behavior. To ensure this vision is achieved, KCAI has put in place this policy on sexual misconduct, discrimination and harassment.  

Sexual misconduct, discrimination and harassment, either intentional or unintentional, has no place in the educational or work environment. Accordingly, KCAI prohibits any form of these behaviors of or by any student, employee (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, gender identity or any other factor protected by law. This means KCAI will investigate, remedy and do as much as possible to prevent unwelcome conduct of this nature and will impose serious sanctions on anyone who is proven to violate this policy. There is no statute of limitations for alleged violations of sexual misconduct and acts of violent crime. Sexual misconduct and violent crimes will be investigated and potentially adjudicated unless it is impossible to do so based on the passage of time or the unavailability of evidence. 
 
Definitions
 
The following terms are defined below to provide context and greater understanding of this policy and prohibited conduct.
 
Bystander intervention: The interruption of a person’s behavior or speech by a person who is present and had been a bystander prior to said interruption.
 
Complainant: The person(s) bringing the complaint.
 
Consent: Consent is clear sexual permission and can only be given by someone of legal age. Consent can be given by a word or action, but non-verbal consent is more ambiguous than explicitly stating one’s wants and limitations. Consent to one form of sexual activity should not, and cannot, be taken as consent to any other sexual activity. Consent cannot be inferred.  Individuals who consent to sexual activity must be able to fully understand what they are doing. A person incapacitated by alcohol or drugs, who is asleep, physically impaired or unable to communicate in clear and understandable words or actions is incapable of giving consent or mutual agreement. For example, when alcohol or other drugs have been used, a person is unable to give valid consent if they cannot appreciate the who, what, where, when, why or how of a sexual situation. Silence, without clear actions demonstrating permission, cannot be assumed to indicate consent. "Mutually agreeable," or "consent," means an informed agreement communicated in clear and understandable words or actions to participate in sexual activity.
 
Dating violence: Controlling, abusive or aggressive behavior in a romantic relationship. Includes verbal, emotional, physical and sexual abuse. 
 
Discrimination: The term discrimination is defined by verbal, written or physical acts indicative of unjust or prejudicial activity.
 
Domestic violence: Domestic violence is similar to dating violence, though distinguished by the fact that the involved parties live together and/or are joined through a marriage, civil union or other form of recognized domestic partnership.
 
Employee: An employee is defined as anyone receiving a paycheck from KCAI. This includes faculty and staff.
 
Hostile environment: When harassment is sufficiently severe, pervasive, persistent or objectively offensive to the point that it interferes with, limits or denies the ability to participate in or benefit from educational programs, activities or employment. The following standards can be used to assess whether a hostile environment exists:
  • Frequency of speech or conduct
  • Nature and severity of speech or conduct
  • Whether the conduct was physically threatening
  • Whether the conduct or speech was humiliating
  • The effect of the speech or conduct on the alleged victim’s mental and/or emotional state
  • Whether the speech or conduct was directed at more than one person
  • Whether the speech or conduct arose in the context of other discriminatory conduct
  • Whether the speech or conduct unreasonably interfered with the alleged victim’s educational or work performance
  • Whether a statement is a mere utterance of an epithet, which engenders offense in a student or employee, or offends by mere discourtesy or rudeness.
Other: “Other” is defined as an individual who is not an employee of the college but who is affiliated with the college. Examples may be, but are not limited to, vendors, volunteers, donors, contracted workers, etc.
 
Quid pro quo: Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature where submission to, or rejection of, such conduct results in adverse educational or employment action. Quid pro quo harassment also exists when a threat of adverse action or a promise of benefit is explicitly conditioned on submission to, or rejection of, such requests.
 
Respondent: The person(s) responding to the complaint.
 
Retaliation: Intimidating, coercing, or acting in any manner consistent with the intent to achieve reprisal against someone who has engaged in protected activity is defined as retaliation. Protected activities include:
  • Reporting sexual misconduct, discrimination, or harassment
  • Filing a complaint
  • Assisting someone in making a report, or filing a complaint
  • Participating, in any manner, in an investigation
  • Protesting any form of sexual misconduct, discrimination, or harassment 
Individuals accused of violating a policy may be held responsible for any retaliation that is done by a third party. KCAI will also not tolerate any person retaliating against another, and any person who feels that retaliatory action has been taken should report that action to the vice president for enrollment management and student achievement, dean of students, assistant dean of students, director of human resources, or the vice president for administration.
 
Seduction and coercion: Seduction is a reasonable amount of pressure to engage in sexual activity, where coercion is an unreasonable amount of pressure to engage in sexual activity.
 
Sexual assault: Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities such as non-consensual sexual intercourse, and non-consensual sexual contact.
 
Non-consensual sexual intercourse (or attempts to commit the same) is defined as:
  • Any sexual intercourse (anal, oral, or vaginal)
  • However slight
  • With any object
  • By a person upon another person
  • Without consent and/or by physical force 
Non-consensual sexual contact (or attempts to commit the same) is defined as:
  • Any intentional sexual touching
  • However slight
  • With any object
  • By a person upon another person
  • Without consent and/or by physical force 
Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit a person other than the one being exploited. Examples of sexual exploitation include but are not limited to:
  • Prostituting another student
  • Non-consensual video or audio recording of sexual activity
  • Exceeding the boundaries of explicit consent, such as allowing someone to hide in a closet and observe one’s consensual sexual activity
  • Engaging in voyeurism (peeping)
  • Knowingly transmitting a sexually transmitted disease/infection or HIV to another person 
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.
 
Sexual Misconduct
Sexual misconduct is a broad term that includes any unwanted or unwelcome conduct of a sexual nature that is committed without valid consent. In this respect, it serves as an umbrella term encompassing both sexual assault and sexual harassment. Sexual misconduct may occur between people of the same sex or between people of different sexes. Sexual misconduct can include both intentional conduct and conduct resulting in negative effects, even if those effects were unintended.
 
Student
A student is defined as an individual who is accepted until the time of graduation.
Stalking
A course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear. Because stalking is the sum of a series of actions, it is important to note that some of these actions may not, on their own, be prohibited, but in the context of stalking, would be considered a policy violation.
 
EXAMPLES OF SEXUAL MISCONDUCT, DISCRIMINATION, AND HARASSMENT
The list of prohibited conduct under this policy includes, but is not limited to:
-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 reference 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. The art and design education context, however, may not be used as a screen for harassment
-Transmitting or accessing sexually explicit materials by computerized, electronic, or other means, such as e-mail, voice mail, text messaging, and social media which is outside of the context of art and design education. The art and design education context, however, 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 notice, and that access may occur during or after working hours. The use of KCAI-provided password or code does not restrict KCAI from accessing communications on its computer, electronic, or telephone equipment or systems
-Sexual violence, sexual assault, rape, sexual battery, and sexual coercion
-Offensive language, jokes, or other verbal or non-verbal graphic or physical conduct relating to a person's race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, gender identity, 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
 
REPORTING SEXUAL MISCONDUCT, DISCRIMINATION, AND 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 sexual misconduct, discrimination, or harassment on or off campus by anyone, including KCAI students, employees (supervisors and non-supervisors), and others have a responsibility to immediately report the incident.
 
KCAI will investigate the complaint and determine appropriate action. In cases of student sexual misconduct, discrimination, and harassment, reported incidents will 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, 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 misconduct, the college must investigate reports, as well as take action to stop sexual misconduct 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: 
 
Rick Rieder, Vice President for Administration, (Title IX Coordinator), second floor, Vanderslice Hall 816.802.3431 rrieder@kcai.edu 
 
Bob Bayless, Director of Safety and Security, second floor, Vanderslice Hall 816.802.3399 rbayless@kcai.edu 
 
Gina Golba, Dean of Student Affairs, (Deputy Title IX Coordinator), first floor, Mineral Hall, 816.802.3397 ggolba@kcai.edu 
 
Dawn Taylor, Director of Human Resources, (Deputy Title IX Coordinator), second floor, Vanderslice Hall 816.802.3434 dtaylor@kcai.edu
 
Joe Timson, Assistant Dean of Students (Title IX Investigator), second floor, Vanderslice Hall 816-802-3419 jtimson@kcai.edu
 
Tabitha Schmidt, Director of the School for Continuing and Professional Studies School of Continuing and Professional Studies, 43rd Street Building 816.802.3445 tschmidt@kcai.edu 
 
Anonymous voicemail: If an individual wishes to report an issue anonymously, a message may be left at the following number. 816.802.3581 
 
INVESTIGATING COMPLAINTS
KCAI will thoroughly and promptly investigate all claims of sexual misconduct, discrimination, and 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 sexual misconduct, discrimination or harassment, and the context in which the alleged incidents occurred will be considered in making this determination. If sexual misconduct, discrimination or harassment has occurred, appropriate corrective action will be taken, up to and including discharge from employment or expulsion from the college. Interim measures such as relocation, and no contact orders may be used to ensure the safety of individuals and the community while an investigation is taking place. If an individual outside of student status at KCAI or not in the employment of KCAI has engaged in any form of discrimination or harassment of anyone at KCAI, then KCAI will take appropriate action to address the situation. 
 
CONFIDENTIALITY
Confidentiality regarding sexual misconduct, discrimination, and harassment complaints and investigations will be maintained to the extent possible. Most KCAI officials, depending on their roles, are required to report any allegations of sexual misconduct, discrimination, and harassment. Professional counselors or health care professionals have the ability to maintain confidentiality in a manner different from other staff members, and can keep things confidential as long as doing so does not place anyone at risk. KCAI staff endeavor to support those making reports who wish to keep information confidential, but also have a responsibility to protect the community should there be a situation involving pattern, predation, threat, or violence. If confidentiality is not possible due to one of the aforementioned conditions, privacy will be maintained as much as possible during the investigation, adjudication, and any subsequent record keeping. Individuals involved in a hearing may not share documents or details regarding the alleged incident or hearing, unless dictated by law. Advisors to the process are also bound to confidentiality. The complainant and the respondent will be informed, simultaneously and in writing, of all relevant information related to the case as the complaint process progresses and is resolved. 
 
RESOLVING COMPLAINTS
Once a thorough investigation has been completed, KCAI staff will determine if there is sufficient evidence to charge an individual with an alleged violation of this policy. When a charge is made, KCAI will determine the appropriate Student Code of Conduct Process to follow (Administrative Hearing or Student Code of Conduct Hearing Board). In the respective hearings, a determination of responsibility and sanctions will be assigned, if necessary. In determining responsibility, a preponderance of evidence standard is enforced. This standard can be defined simply as “more likely than not” that a violation of the policy occurred. Both the respondent and the complainant have the opportunity to appeal. The appeal process and complete Student Code of Conduct policy and procedures are defined in detail and can be found in the Student Handbook at www.kcai.edu in the Student Life section. While there may be exceptions, as a general rule, cases of this nature should be resolved within 60 days.
 
During the investigation and any subsequent hearing proceedings, both the complainant and the respondent have rights which are listed below:
-A safe environment
-Respect
-Resources and support
-Prompt and equitable conduct process
-Opportunity to have an advisor
-Opportunity to file a complaint with law enforcement
-Freedom from retaliation and harassment
-Privacy
-Timely communication and resolution
 
KCAI’S COMMITMENT TO EFFECTIVE NO SEXUAL MISCONDUCT, DISCRIMINATION, AND HARASSMENT POLICIES
If any member of the KCAI community feels KCAI has not met its obligations under this policy, the person should contact the Vice President for Administration (Title IX Coordinator). Effective no sexual misconduct, discrimination, and harassment policies depend on everyone, working together, to address this very important subject.
 
RESOURCES AND SUPPLEMENTAL INFORMATION
Campus Resources:
Dean of Students – 816-802-3397
Assistant Dean of Students – 816-802-3419
KCAI Counseling Services – 816-802-3354
Academic Support – 816-802-3440 
Anonymous voicemail – 816.802.3581
 
Local Resources:
Kansas City Missouri Police Department, call 911, www.kcpd.org
Metropolitan Organization to Counter Sexual Assault (MOCSA), www.mocsa.org
University of Missouri – Kansas City, http://www.umkc.edu/endviolence/
Kansas City Anti-Violence Project (LGBT resource), http://www.kcavp.org/site/
Rose Brooks Center – emergency shelter for women and children experiencing domestic violence, 816-861-6100 
 
National Resources:
National Sexual Violence Resource Center, http://www.nsvrc.org/
The United States Department of Justice, http://www.ovw.usdoj.gov/sexassault.htm
Rape, Abuse, and Incest National Network, http://www.rainn.org/
The Hotline (domestic violence resources), http://www.thehotline.org/
The National Center for Victims of Crime, http://www.victimsofcrime.org/
 
Hotlines:
MOCSA’s 24-hour Crisis Line: 816-531-0233 or 913-642-0233
RAINN’s 24-hour Crisis Line: 1-800-656-HOPE (4673)
Kansas City Anti-Violence Project’s Hotline: 816-561-0550
Domestic Violence 24-hour Crisis Lines: 816-461-HOPE and 816-HOTLINE
National Domestic Violence 24-hour Crisis Line: 1800799SAFE 
 
Local Hospitals:
St. Luke’s, 4401 Wornall Road, Kansas City, MO 64111, (816) 932-2000
University of Kansas Hospital, 3901 Rainbow Boulevard, Kansas City, KS 66160
Truman Medical Center, 2301 Holmes Street, Kansas City, MO 64108-2640 
 
FREQUENTLY ASKED QUESTIONS
 
Will my parents/guardians be notified?
Whether you are the respondent, or the complainant, KCAI’s primary relationship is with the student, not the parent. It is, however, recommended, that students contact their parents/guardians to seek support and assistance. KCAI staff may directly inform parents/guardians when requested to do so by a student, in a life threatening situation, if the health and well-being of the student is in question, or if the student is a minor.
 
Will I have to confront the respondent?
If you file a formal complaint and charges are filed, you will have the opportunity to participate in the Student Code of Conduct process. If desired, KCAI can create a situation where this process can take place without the complainant and respondent having to come into direct contact with each other.
 
Do I have to name the alleged perpetrator?
Yes. If formal conduct action is to be taken, the respondent must be named. Please review sections on reporting and confidentiality. Informal reports can be taken, and anonymous calls can be placed to the campus hotline, but these options place serious limitations on what KCAI can do to respond and remedy the situation.
 
What should I do if I am accused of sexual misconduct?
Do not contact the complainant. It is recommended that you contact the Dean of Students, or Assistant Dean of Students who can explain the procedures for dealing with complaints of sexual misconduct. Counselors are also available on campus and can speak with you confidentially.
 
How can KCAI support complainants and remedy potential effects of sexual misconduct?
Possible options include, but are not limited to:
-Changing rooms and or floors within the Living Center
-Inquiring about rescheduling exams or due dates for projects
-Taking an incomplete in a class
-Switching sections in a class
-Leave of absence from KCAI
-Alternative course completion options
-No contact order
-Counseling and Psychiatric services
-Escorts to and from campus buildings
 
What should be done to preserve evidence of sexual misconduct?
Physical evidence must be collected within approximately 120 hours in order to be used for criminal prosecution. If you feel you have been a victim of sexual assault, you should go to a hospital emergency room before washing yourself or your clothing. If you have changed clothes, bring the clothes that were worn at the time of the time of the alleged incident. It may also be advisable to take a change of clothes of possible. A SANE (Sexual Assault Nurse Examiner) Nurse will be on call for the hospital and can counsel you. Local police will be contacted. Unless you are a minor, you are not obligated to speak with them, or prosecute at that time. The exam done at the hospital will keep this option open for you should you decide to move in this direction at a later time.
 
Will either party’s use of drugs or alcohol be considered when reporting sexual misconduct?
This will only be considered if drug or alcohol use is a relevant factor in the complaint (i.e., consent, etc.), and in most cases amnesty in a related drug/alcohol violation is offered. This is not meant to excuse inappropriate use of drugs or alcohol, but rather to ensure that reporting of sexual misconduct is not inhibited.
 
RISK REDUCTION TIPS
Tips of this nature have the potential to make a complainant feel blamed sexual misconduct that has occurred. Sexual misconduct is never the fault of the complainant, and these tips are offered with the intent of helping recognize patterns that will reduce the risk of victimization. 
-Make your limits known before engaging in any sexual encounter or situation
-Give clear verbal messages such as “yes” or “no” and do not leave room for interpretation
-Remove yourself from situations with potential sexual aggressors if possible
-Ask someone nearby for assistance
-Be cautious about your alcohol intake, and be aware that it may lower your sexual inhibitions
-Watch out for your friends, and ask them to watch out for you
-Be mindful of non-verbal messages you are sending that may conflict with your verbal messages
-Be forceful and firm, do not worry about being polite
-Trust your feelings or instincts
 
TRAINING AND PREVENTION
KCAI is committed to educating students and employees about sexual misconduct, discrimination, and harassment. Students and employees are trained annually regarding related KCAI policies and reporting procedures, as well as prevention and bystander training. 
 
CAMPUS SEX CRIMES PREVENTION ACT
The Campus Sex Crime Prevention Act is a federal law that requires sex offenders who already must register in a state to indicate if they are employed or enrolled at an institution of higher education. The state collects information on the offender and then turns that information over to local law enforcement with jurisdiction where the institute of higher education is located. The Act further requires institutions of higher education, such as the Kansas City Art Institute, to inform the campus community how to obtain local law enforcement information on registered sex offenders. The Jackson County Sheriff Department Website www.jacksongov.org/sheriff, currently provides a link to the Missouri Sex Offender Registry Website and a link to the National Sex Offender Public Website. Registry lists may be obtained free of charge through these internet sites.
 
 
 
 
 
Revised, March 6, 2014

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