Sexual Assault Policy and Sex Predator Information

Sexual Assault and Misconduct Policy and Procedures

Sinclair Community College does not tolerate sexual assault, domestic violence, dating violence, stalking, coercion, exploitation, or other forms of sexual misconduct that offends the dignity of any member of the college community. Sexual assault, whether occurring on campus or at college-sponsored activities, is both a violation of the standards of the college and a criminal act within federal and state laws.

Individuals who believe they have been the victim of a sexual assault may pursue resolution on campus and/or criminal action against an alleged perpetrator. The college strongly encourages any person who has been sexually assaulted off-campus to contact Dayton Police and to notify Sinclair Police immediately. Anyone sexually assaulted on campus should contact Sinclair Police at 937-512-2700 or dial 9-1-1 from any campus telephone.

Filing a police report will not obligate the victim to prosecute or subject the victim to scrutiny or judgmental opinions from the College. Filing a police report will:

  • Ensure that the victim receives the necessary medical treatment and tests which are paid for by the college.
  • Provide the opportunity for the collection of evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical exam).
  • Assure the victim has access to confidential counseling through Counseling Services, the Montgomery County Victim/Witness Division and/or the City of Dayton Victim/Witness Office.

A victim of an assault has the option to notify law enforcement authorities. The victim may choose for the investigation to be pursued through the criminal justice system and the college judicial affairs process, or only the latter. Sinclair Police will guide the victim through the available options and support the victim in his or her decision. Various counseling options are available as noted above.

A Title IX investigation will also be conducted by the Sinclair Title IX Coordinator that is independent from any criminal investigation. The Title IX Coordinator is responsible for the prompt and impartial investigation of reports and allegations of sexual misconduct. The Title IX Coordinator will conduct a fact-finding process and effectuate steps to reasonably end any sexual misconduct, discrimination, or violence.

Victims of Sexual Assaults Procedures

If an individual becomes the victim of a sexual assault, the first priority should be for the victim to get to a place of safety.  The victim should then obtain the necessary medical treatment. Sinclair Police strongly advocates that a victim of sexual assault report the incident in a timely manner.  Time is a critical factor because of the importance for preserving evidence that may be needed for prosecution.

Sinclair Police will assist the victim in navigating through the criminal justice system. Sinclair Police will also pursue on-campus disciplinary procedures through Student Judicial Affairs.  Both the accused and the victim are entitled to the same opportunities to have others present and both parties will be informed of the outcome of any hearing.

Options and assistance in changing classes, transportation and/or working situations subsequent to an alleged sexual assault can be arranged, provided such options are reasonably available and will be provided to the victim in writing regardless of whether the victim chooses to report the crime to law enforcement or a Campus Security Authority (CSA). Sanctions imposed by Student Judicial Affairs range from verbal warnings to expulsion depending on the severity of the offense.

It is important to realize that on a national level, at least one third of all reported sexual assault victims know their attacker – this person may have been a date, steady boyfriend or girlfriend, or casual friend. This is called “acquaintance rape” and it can happen to anyone. A Sinclair Police official or a counselor from Counseling Services will guide the victim through the available options and support the victim in his or her decision.  Information regarding various counseling options available from the Dayton Campus’ Counseling Services Department and Campus Ministry from within the college will be provided in writing. Outside campus resources include the Abuse and Crisis Center of Montgomery County, the Victim/Witness Division in the City of Dayton Prosecutor’s Office (for misdemeanors only) and the Victim/Witness Division in the Montgomery County Prosecutor’s Office. The Sinclair Title IX coordinator will conduct an investigation of the incident independent of the police department in accordance with the Clery Act.

There are several educational programs, such as self-protection, date rape, sexual assault and domestic violence prevention seminars that are available for any group or organization on campus.  The RAD Program (Rape Aggression Defense course) is also available. RAD provides basic information on personal safety, awareness, risk reduction and avoidance. The program teaches practical defensive techniques that require no special skills.   In addition, Sinclair Police sponsors the annual Safety Awareness Expo that takes place during fall semester at the Dayton Campus. The Expo provides the opportunity for all students, staff and faculty to learn more about safety from a variety of area safety agencies. All personnel and students are encouraged to take advantage of these programs. For further information, contact Sinclair Police at 937-512-2700.

Sexual misconduct prevention

Within a relationship, there can be indicators of either partner’s propensity to become abusive.

Partner violence is any sexual, physical, verbal, or emotional abuse of one partner by the other in a romantic relationship. While arguing or fighting occurs in all relationships, partner violence is about power and control of one partner by the other.  Due to the nature of being in a relationship with the abuser, partner violence can be hard to identify and understand.  If you are in abusive relationship, you may find it difficult to acknowledge because the abuser is someone for whom you have feelings.

Abusive behavior can take many forms. Be concerned if your partner:

  • Is jealous and possessive
  • Tries to control everything you do
  • Tries to isolate you from family and friends
  • Has a quick temper or unpredictable reactions to ordinary things
  • Often exhibits violent behavior toward animals, children, or other people
  • Pressures you for sex
  • Has a history of bad relationships
  • Has a strong belief in extreme gender roles
  • Says things like:
    • "You'd be nothing without me."
    • "No one has ever loved/understood me like you do."
    • "You just don't understand…"
    • "If you really loved me…"

In all relationships, it is important to trust your instincts. If your intuition tells you something is wrong, you shouldn't ignore it.

Stalking

Stalking, similar to dating and domestic violence, is a crime of power and control. Stalking is a crime under the laws of all 50 states, the District of Columbia and the federal government. Stalking is defined as repeated (two or more occasions) visual or physical proximity, nonconsensual communication, or verbal, written, and/or implied threats, that would cause a reasonable person fear.

If you are being stalked, trust your instincts and don’t downplay the danger of your situation. Consider taking the following steps:

  • If you feel that you are in immediate danger, contact Sinclair Police at 937-512-2700, or if off campus, dial 9-1-1.
  • Assertively communicate that you want the behavior to stop and set and maintain personal boundaries.
  • Try not to be isolated with the person.
  • Tell family, friends, roommates, team members, faculty or staff members, and co-workers about the stalking and seek their support.

Substances

Drugs and alcohol play a significant role in sexual misconduct. Almost three-quarters of all sexual assaults on college campuses involve alcohol as a factor. Sinclair Police encourages students to engage in safe alcohol-consumption practices for both themselves and others. Sinclair’s Counseling Services offers services to students who are interested in learning how to safely and effectively confront issues of alcohol abuse on campus.

Rape drugs are substances used by predators to incapacitate a victim so that they cannot resist an assault. When these drugs are used, victims often cannot recall what happened to them. Most of these substances are colorless, odorless and tasteless so they can be slipped into a victim's drink or food without the victim noticing.

When someone appears extremely intoxicated after only a small amount of alcohol, a rape drug may be involved. Two prevalent rape drugs to be aware of are Rohypnol and GHB. Always keep an eye on any beverage you are drinking. Don’t hesitate to order a new drink if necessary.

Tips for Bystanders - It Only Takes One Person

Bystanders are the largest group of people involved in violence - they greatly outnumber both the perpetrators and the victims. Bystanders have a range of involvement in assaults. Some know that a specific assault is happening or will happen, some see an assault or potential assault in progress, and some know that assaults do happen.

Regardless of how close to the assault they are, bystanders have the power to stop assaults from occurring and to get help for people who have been victimized. We have all been bystanders in our lives, and we will all be in situations where we are bystanders in the future. The choice, then, becomes whether we are going to be active bystanders who speak up and say something, or whether we will be passive bystanders who stand by and say nothing.

Sinclair does not advocate that people risk their own safety in order to be an active bystander.

There is a range of actions that are appropriate, depending on the situation. If you or someone else is in immediate danger, call Sinclair Police at 937-512-2700 or dial 9-1-1 if off campus is the best action a bystander can take. As opposed to being the bystander who stands by and does nothing, we want to create a culture of bystanders who are actively engaged in the prevention of violence.

Resources for Students

  • Sinclair Campus Ministry 937-512-2768
  • Sinclair Title IX Coordinator 937-512-4294
  • Sinclair Counseling Services 937-512-2752
  • Sinclair Police: 937-512-2700

Resources for Employees

  • Sinclair Title IX Coordinator 937-512-4294
  • Employee Care (full-time employees): 937-208-6626 or 800-628-9343
  • Sinclair Police 937-512-2700

Off-campus Resources

Montgomery County

Services offered include crisis intervention, court advocacy and crime victim compensation assistance.

  • Dayton Children’s Hospital, Dayton
    Services offered are strictly for children and adolescents and include sexual assault examinations.
  • Good Samaritan Hospital, Dayton
    Services offered include sexual assault examinations, STI prevention treatment and 24 hour care.
  • Legal Aid Society of Western Ohio
    888-534-1435

Provides legal services to low-income residents of Montgomery County who are at or below 125% of the federal poverty guideline, elderly and/or disabled. The Legal Line provides advice in civil matters, including domestic violence, divorce, child support, education issues involving student discrimination and many other areas.

  • Miami Valley Hospital, Dayton: Services offered include SANE program and sexual assault examinations.
  • Victim/Witness Division / City of Dayton Prosecutor’s Office (misdemeanors only): 937-333-4100
  • Victim/Witness Division / Montgomery County Prosecutor’s Office Hotline: 937-225-5623  or www.mcpo.com

Services offered include hospital advocacy, SANE program, SART participant, police advocacy, court advocacy, protection order assistance, victim compensation assistance, case management, support groups, survivor needs kits and prevention education.

Provides professional mental health counseling in the form of brief treatment or long-term counseling for women, specializing in all women's issues, including depression, anxiety, relationship issues, self-esteem, coping skills, and sexual abuse recovery treatment.

  • YWCA of Dayton – Shelter Services
    24 Hour: 937-222-SAFE (7233)
    TTY: 937-461-7910
    937-461-5550

Services offered include protective temporary emergency shelter for women and their children in life-threatening situations, case management and referrals for legal and human services, support groups for women in the community and shelter clients who have left battering relationships, 30-60 day emergency housing for women, including meals, case management, basic skills and other supportive services.

Preble County

  • Butler County Rape Crisis Program, Oxford
    Hotline: 513-523-4149
    Phone: 513-523-4146
    Services offered include hospital advocacy, SART participant, police advocacy, court advocacy, protection order assistance, victim compensation assistance, support groups and counseling.
  • Preble County DV Shelter

Hotline: 937-456-5307

Services offered include protective temporary emergency shelter for women and their children in life-threatening situations, case management and referrals for legal and human services, support groups for women in the community and shelter clients who have left battering relationships, 30-60 day emergency housing for women, including meals, case management, basic skills and other supportive services.

Warren County

  • Victim Witness Services Division of the Warren County Prosecutor's Office: 937-456-8156. Services offered include 24 hour advocacy to victims of crime and their families 365 days a year, assist in obtaining Civil Protection Orders (CPOs), act as a liaison between victims and prosecuting attorneys, keep victims informed of court dates and case developments and offer emotional support to victims and their families throughout the Court process.
  • Abuse and Rape Crisis Shelter of Warren County: 513-695-1185 or www.arcshelter.com. Services offered include hospital advocacy, SANE program, SART participant, police advocacy, court advocacy, protection order assistance, victim compensation assistance, case management, support groups, survivor needs kits and prevention education.
  • Victim Witness Services Division of the Warren County Prosecutor's Office
    513-695-1325
    Services offered include 24-hour response to law enforcement requests for intervention and assistance, court advocacy, escorts and support during all stages of the criminal justice process, assistance in completing a Victim Impact Statement, assistance with VINE registration/State Victim Notification Program, referrals to appropriate social service agencies, notification and explanation of all court proceedings and Victims of Crime Compensation application assistance.

Sex Offender Registration Policy

1.1       Policy on Students with Registered Sex Offenses

Sinclair Community College is an open enrollment institution.  Except as set forth in this Policy, persons who are required to register as sex offenders are not prohibited from admission, enrollment, or attendance at Sinclair Community College and any of its classes, courses, or programs. This policy is intended to provide guidance for such persons and for Sinclair’s Department of Public Safety and other departments to deal fairly and appropriately with such persons and to protect the Sinclair community.

1.1.1    Federal and State Law Registration Requirements

Federal law (42 USC §16901), known as the Sex Offender Registration and Notification Act (SORNA), effective 7-27-2009, requires convicted sex offenders to register for the purpose of community notification.  In addition, federal law requires sex offenders, already required to register in a specific state, to provide notice of each institution of higher education at which that person is employed or enrolled as a student.  This registration is to be made available to law enforcement agencies with jurisdiction where the institution of higher education is located.

Ohio law (ORC §2950.04) requires convicted sex offenders to register with the County Sheriff: within three days of coming into a county in which the offender resides or temporarily is domiciled for more than three days; immediately upon coming into a county in which the offender attends a school or institution of higher education; and upon coming into a county in which the offender is employed.

1.1.2   Obligation to Self-Report

  1. Any person who is required by law to register as a sex offender and who as a condition of community control (or any similar program in any jurisdiction other than Ohio, such as probation or parole) which includes restrictions which prohibit contact with juveniles must self-report his or her status to the Sinclair Department of Public Safety within three (3) days of enrollment in any Sinclair class, whether on campus, at a remote location, or online.  For purposes of this Policy, enrollment means registering for any class, course, or program (regardless of payment status and whether the class has started) at any Sinclair location, including Dayton campus, the Courseview campus in Mason, the Learning Centers in Englewood, Huber Heights, and Preble County (Eaton), and any other sites where Sinclair offers such class, course or program.
  2. Any person who is already enrolled at Sinclair and who meets the criteria to self-report set forth in the preceding paragraph must self report his or her status within five (5) days of the restriction which prohibits contact with juveniles being imposed.
  3. Any person who is required to self-report under this Policy must provide documentation of convictions, conviction dates and, if applicable, contact information for community control, probation, or parole. All information collected will be entered into the Sinclair Department of Public Safety MIS database.
  4. Information regarding the self-reporting obligation is available at:  Sinclair Department of Public Safety, 444 West Third Street, Dayton, Ohio, 45402, Building 7, Room 7112, at (937) 512-2700, and at http://police.sinclair.edu.

1.1.3   Failure to Self-Report

A person’s failure to self-report as required by this Policy may result in disciplinary and/or legal action against a student, including but not necessarily limited to, suspension, expulsion, criminal trespass, or reporting to community control supervisor (probation or parole officer).  See Sinclair’s Student Judicial Affairs Code of Conduct Handbook, available at http://www.sinclair.edu/student/leader/handbook/index.cfm.

1.1.4   Specific Campus Location and/or Enrollment Restrictions

Any person who is required to self-report under this Policy is prohibited from:

  1. Entering Building 9 and its playground and adjacent parking lots (Lots E, EE, and J) because Building 9 houses the Sinclair Early Childhood Education Center.
  2. Entering any other area of the College in which services to children are being provided.
  3. Enrolling and/or attending any class, course, or program with other persons who are under age 18. Additional specific restrictions on campus location and/or enrollment may be imposed based on legal requirements associated with sex crime convictions as well as the conditions of community control (probation or parole). Restrictions on enrollment may include, but are not limited to:
  1. Restricted or prohibited access to certain classrooms or areas of campus;
  2. Restricted or prohibited internet access; and,
  3. Enrollment in online course sections only. Decisions about specific restrictions will be made by the Director of Public Safety in collaboration with the Director of Student Support Services.  Any person subject to such restrictions will be informed in writing of any decisions pertaining to any restrictions. All decisions are final.  However, a student may petition to have the restrictions reviewed if changes are made to his or her status as a sex offender or conditions of community control (probation or parole).

1.1.5 Review of Policy

This policy shall be reviewed at least annually by the Director of Public Safety and the Director of Student Support Services, effective May 14, 2013.

A list of all registered sex offenders are available on the web sites listed below.