SAVE Act Policies and Procedures

Campus Security Service

In accordance with its policy Tillamook Bay Community College and its Board prohibits discrimination, harassment, or acts of bodily injury to any person in which the victim is intentionally targeted because of the actual or perceived race, religion, color, national origin, disability, sex, sexual orientation, age, height/weight ratio, marital status, gender, gender identity, organizational affiliation, political affiliation or veterans status. In addition, Tillamook Bay Community College prohibits sexual assault, domestic violence, dating violence and stalking.

The office of facilities, human resources and safety, is responsible for all safety activities on campus and will provide appropriate assistance as needed. All Tillamook Bay Community College employees have the authority to ask persons for identification and to determine whether individuals have lawful business at TBCC. Criminal incidents are referred to the Tillamook Police Department who has jurisdiction on the campus.

For the purpose of campus security policies, all criminal actions occurring on campus property will be investigated by the Tillamook Police Department, including sex offenses. TBCC maintains a highly professional relationship and works closely with Tillamook Police when incidents arise that require joint investigative efforts, resources, crime related reports, and exchanges of information, as deemed necessary. Tillamook Police Department regularly cruises the campus both during operational hours and after hours. They can be reached at (503) 842-2522. General facilities questions may be answered by the Director of Facilities, Human Resources, and Safety, Pat Ryan (503) 842-8222 ext. 1020 (office) or (503) 812-6404 (cell).

Crime Reporting

All employees, students, community members, crime victims and witnesses are strongly encouraged to immediately report crimes and campus safety related incidents occurring on property owned, leased, or otherwise controlled by TBCC to college authorities and the appropriate local law enforcement agency depending on where the crime/incident occurs. Prompt reporting will assure timely warning notices on campus and timely disclosure of crime statistics. To report an emergency dial 911 or Campus Safety at extension 1020 using any phone on campus. After receiving your call, Campus Safety will take the necessary action required to respond to the specific situation such as calling police, fire, or ambulance. All information of criminal actions will be forwarded to Tillamook Police Department.

To report a non-emergency, security or public safety related matter, call The office of facilities, human resources, and safety at (503) 842-8222 ext. 1020. Tillamook Police may be reached at (503) 842-2522.

An Incident Report should be completed and returned to the director of facilities, human resources, and safety in Room 122 within 24 hours of an incident. Incident Report forms are available on the TBCC website; Campus Safety page. Campus safety requires the combined efforts of staff, students and the community. Do your part by immediately reporting suspicious behavior, activity, or crimes to the director of facilities, human resources, and safety. Any suspicious activity or person seen in parking lots, or on campus, should be reported to Tillamook Police at 911 or (503) 842-2522 (non- emergencies), or Campus Safety at extension 1020. Criminal offenses may also be reported to one of the following authorities on campus who will in turn contact Tillamook Police Department or the appropriate local law enforcement.

TBCC encourages anyone who is the victim or witness to any crime to promptly report the incident to the police. Because police reports are public records under state law, the Police Department cannot hold reports of crime in confidence. Violations of the law will be referred to Tillamook Police and when appropriate, to the director of student services or the director of facilities, human resources and safety for review.

It is a victim’s right to choose whether or not to notify and seek assistance from law enforcement or campus authorities as described above, but is highly encouraged to do so.

Obtaining Sex Offender Information

Under current Oregon law, sex offenders information can be obtained through the State of Oregon Sex Offender Inquiry System at http://www. oregon.gov/OSP/SOR/

Information on offenders registered in Tillamook County can be obtained also from the Tillamook County Community Corrections website at http://www.tillamooksheriff.org/

Emergency Notifications

The TBCC Emergency Notification System will be used to communicate messages to segments of or to the entire TBCC population as quickly as possible after confirmation is made that a legitimate emergency or dangerous situation exists. The use of this system during a declared campus state of emergency must be authorized by TBCC’s Office of the President, or designee.

Emergency notifications/timely warning may include but are not limited to:

• Bomb threats or other imminent violent threats
• Fire alarms, and hazardous spills affecting the entire campus
• Building evacuations and lock downs affecting the entire campus
• Natural disasters
• Power outages and utility failures resulting in an imminent threat
• Campus closure due to declared civil emergency

Emergency notifications are sent out via the TBCC website and FlashAlert which sends to devices selected by the recipient. TBCC users will be directed to evacuate the building if required via notification by email, landline phone, or cell phone. The Emergency Notification System is based on requests only from authorized personnel. Messages conveyed through the TBCC Emergency Notification System will include specific information regarding evacuation, building lock downs, and other pertinent information directly related to student and staff safety. Contact Campus Safety (503) 842-8222 ext. 1020, to provide any information you may have about an emergency.

Weather closures or other emergency closures are recorded on (503) 842-8222 ext. 1100, TBCC website, and FlashAlert.

Timely Warnings

In the event that a situation arises, either on or off campus, that, in the judgment of the president or designee, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued. The warning will be issued through the college e-mail, voice mail, and FlashAlert emergency notification system to students and staff, as is deemed appropriate, excluding victim names to ensure confidentiality.

Depending on the particular circumstances of the crime, especially in all situations that could pose an immediate threat to the community and individuals, hard copy notices may be posted in campus classrooms and in other prominent locations on campus. Timely warnings may include the following information:

• Information about the incident that triggered the warning
• Date, time and location of the incident
• Suspect information & description (if applicable and available)
• Who to contact at TBCC to report additional information about the crime to (usually Campus Safety at 503-842-8222 ext. 1020)
• Anyone with information warranting a timely warning should report the circumstances to Campus Safety at (503) 842-8222 ext.1020 or in person to the Campus Safety Office in Room 122 of the main campus located at 4301 Third Street, Tillamook. Campus Safety will send a timely warning to the campus.

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

TBCC prohibits sexual assault, domestic violence, dating violence & stalking. Sexual Assault is defined as any offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the FBI.

Domestic Violence is defined as a felony or misdemeanor crime of violence committed by:

1. a current or former spouse or intimate partner of the victim,
2. a person with whom the victim shares a child in common,
3. a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
4. a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies (under VAWA), or
5. 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.

Dating violence means violence committed by a person:

1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
   • the length of the relationship;
   • the type of relationship; and
   • the frequency of interaction between the persons involved in the relationship.

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• fear for his or her safety or the safety of others; or suffer substantial emotional distress.

Although the State of Oregon does not define “consent” in reference to sexual activity, below are boundaries to adhere to when engaging in sexual activities:

• Both parties show a clear and mutual understanding of exactly what they are consenting to.
• There is no coercion, force, threats, intimidation, or pressuring.
• Both parties express in words or actions a clear willingness to do the same thing, at the same time, in the same way, with each other.
• Silence does not equal consent.
• Consent is not indefinite and consent may be withdrawn at any time. At any time sexual activity must cease unless and until additional effective consent is given.

If you are a survivor of domestic violence, dating violence, stalking, or a sexual assault at this institution, your first priority should be to get to a place of safety. You should then obtain necessary medical treatment. TBCC strongly advocates that a survivor of the above crimes report the incident in a timely manner. Time is a critical factor for evidence collection and preservation. Any of the crimes listed above should be reported directly to one of the following:

1. Call Tillamook Police by dialing 911
2. You may also contact Campus Safety by using one of the emergency phones located in classrooms and throughout the campus and dialing 1020. After receiving your call, Campus Safety will take the necessary action required to respond to the specific situation.

In the event a survivor is unable to report a sexual assault, domestic violence, dating violence or stalking crime, TBCC Safety will ensure that the survivor has available the necessary care deemed appropriate. TBCC Safety will also work with the appropriate law enforcement agency to ensure accurate and prompt reporting of the incident.

Filing a report with the above staff will not obligate the victim to prosecute; however, this will result in Campus Safety filing a report with the Tillamook Police Department.

Filing a police report will ensure that:

1. a survivor of sexual assault receives the necessary medical treatment and tests (at no expense to the survivor) providing the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later (ideally a survivor of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam)
2. assure the survivor has access to free confidential counseling from counselors specifically trained in sexual assault crisis intervention.

If an offense occurs, these services are available for survivors:

It is a survivor’s right to choose whether or not to notify and seek assistance from law enforcement or campus authorities as described above, but is highly encouraged to do so.

Students or employees who report they have suffered sexual assault, domestic violence, dating violence or stalking shall be provided with a written explanation of their rights and options at the time of an incident. They will receive written notification of available counseling, health, mental health, victim advocacy, and other services which may be available—whether they are part of the on-campus community or live in the community.

The college will change a survivor’s academic situation after an alleged offense listed above, if requested by the survivor and the changes are reasonably available regardless of whether the survivor chooses to report the crime to Campus Safety or local law enforcement. Options could include enrollment in a different section of a class, withdrawal without penalty, or other reasonable accommodations.

Bystander Assistance Guidelines

If you are a bystander to a domestic violence, dating violence, sexual assault or stalking incident, in order to try to prevent harm or intervene during such an incident, you should immediately call Tillamook Police at 911 or Campus Safety (Dial 1020 from any campus phone or 503-842-8222 ext.1020). If you witness something that does not look or sound right, don’t hesitate to call. Even if the situation resolves before police or campus personnel arrive, it still needs to be documented. If, on the other hand the situation continues to escalate, police or Campus Safety needs to be notified as soon as possible. Do not get yourself involved in a suspicious or threatening situation; immediately call and indicate that it is an emergency.

Recognizing Abusive Behavior

Domestic violence and abuse can happen to anyone. If you or if you suspect someone you know suffers abuse, contact Tillamook Police, Campus Safety, or the director of student services.

Tactics abusers may use towards victims can include the following:

• Blaming the victim or others and making the victim feel it is the victim’s fault for the abuser’s violent behavior. Many abusers also deny that the abuse even occurred.
• Dominating the relationship including making all decisions, treating you like a child or his/her property.
• Intimidating the victim by using threatening looks or gestures. May also include smashing/breaking things in front of victim. May show victim weapons abuser has, implying that there will be violent consequences.

Abusers are selective about whom they will abuse. They have the power to stop their abusive behavior, but choose not to do so unless it suits their purposes. They are also selective about the type of physical abuse they inflict so that it is on body parts that will not show.

If you suspect that someone you know is being abused, call Tillamook Police, Campus Safety or the director of student services. By speaking with the police or designated TBCC staff, they will be able to offer help to victims of abuse. If you are being abused, please contact any of the above staff. There is help and resources available to support you in this process.

Students or staff who have orders of protection, no contact orders, restraining orders, or similar lawful orders are encouraged to contact Campus Safety or the director of student services who will then be better able to respond in the event of an incident..

Victim’s Rights

A student or employee who reports to TBCC that they suffered domestic violence, dating violence, sexual assault, or stalking incident, whether or not the offense occurred on or off campus, will be provided with a written explanation of victim rights outlining the following:

• Possible sanctions or protective measures that may be imposed following the final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking.
• Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking incident has occurred including:
  • evidence preservation;
  • to whom to report the alleged offense;
  • notification of proper law enforcement authorities, including local police;
  • assistance available from campus authorities in notifying law enforcement;
  • declination of notifying authorities;
  • orders of protection, no contact orders, restraining orders, or similar lawful orders.

Procedures for TBCC disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, including:

• prompt, fair, impartial investigation/resolution;
• training officials have received who conduct investigations/hearing;
• accuser and accused rights, including:
  • who may accompany either party to meetings/proceedings;
  • being simultaneously informed of outcomes that include:
    • appeal procedures
    • changes in hearing results prior to finalization of results;
    • when results become final.

Information about how TBCC will protect the confidentiality of survivors, including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by the law.

Notification to victims about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims, both on campus and in the community.

If requested, options and assistance for changing academic situations may be available.

Standards for Investigation & Disciplinary Action in Alleged Sex Offenses, Domestic Violence, Dating Violence & Stalking

TBCC disciplinary action in cases of domestic violence, dating violence, sexual assault or stalking shall be prompt and fair, with an impartial investigation and resolution. Conduct hearings shall be conducted by the director of facilities, human resources, and safety; and director of student services who have been trained on issues related to these crimes and how to conduct a hearing process that protects the safety of victims and promotes accountability. The standard of evidence used during conduct proceedings will be a reasonable preponderance of evidence gathered during the investigation of an incident.

In cases of alleged offenses, both accuser and accused are entitled to have others present during a conduct proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. Both accuser and accused will be simultaneously informed in writing of the outcome of any campus conduct hearing brought alleging any of the above offenses.

Sanctions

The College Board has directed the college president, pursuant to ORS 341.290 to establish administrative rules to govern the college and its students, and to administer disciplinary action. Sanctions TBCC may impose following a final determination of disciplinary proceedings regarding rape, acquaintance rape, and forcible and non-forcible sex offenses, domestic violence, dating violence, and stalking are outlined in the Student Code of Conduct and may include but are not limited to:

• Disciplinary probation - A verbal or written warning by the appropriate College Administrator.
• Temporary exclusion - Removal from classes or privileges, for a specified period of time.
• Expulsion - Termination of student status
• Temporary or permanent trespassing from Campus or specific Facilities

Upon written request, TBCC will disclose to the alleged victim of the above crimes the results of any disciplinary hearing conducted by the college against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, TBCC will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.

All college-related criminal actions, including sex offenses, domestic violence, dating violence, and stalking are reported to Campus Safety and are investigated in cooperation with Tillamook Police.

The college will change a victim’s academic situation after an alleged offense listed above, if requested by the survivor and the changes are reasonably available, regardless of whether the victim chooses to report the crime to Campus Safety or local law enforcement. Options could include enrollment in a different section of a class, withdrawal without penalty, or other reasonable accommodations. In the event the accused or the survivor wants to appeal the results of a disciplinary proceeding, they may contact the chief academic officer.