2018 Campus Security & Fire Safety Report

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Table of Contents The Clery Act ................................................................... 3 Safety and Security ......................................................... 4 College Safety and Security Department .......................... 4 Coordination with Law Enforcement Agencies.......................................................................... 4 Timely Warning and Notifications .................................... 5 Accurate and Timely Reporting of Criminal Offenses (CSAs).................................................. 5 Sex Offender Registry ...................................................... 7 Missing Student Notification Policy.................................. 7 Access to and Security of Campus Facilities ............................................................. 8 Emergency Response & Evacuation ................................. 10 Alcohol and Drugs........................................................... 11 Drug Free Work Place Policy ............................................ 11 Alcohol and Illegal Drugs Policy........................................ 12 Sexual Misconduct .......................................................... 15 Sexual Misconduct and Title IX Compliance...................... 15 Campus Crime Statistics .................................................. 23 Preparation & Disclosure of Crime Statistics .................... 23 Definitions of Criminal Offenses....................................... 23 Definitions of Geography ................................................. 25 Annual Crime Statistic Data ............................................. 26 Clery Act Reporting Map.................................................. 27 Crime Prevention and Security Awareness ...................... 29 Educational and Risk Reduction Program ......................... 29 On Campus Programing ................................................... 29 How to Become an Active BystandeR............................... 30 Risk Reduction................................................................. 31 Fire Safety....................................................................... 32 Fire Safety Improvements and Upgrades .................................................................. 32 Residence Hall Fire Drill ................................................... 32 Fire Safety Policies in Student Housing Fac....................... 32 Fire Safety Inspection ...................................................... 32 Fire Safety Education ....................................................... 33 Smoking Policy ................................................................ 33 Reporting a Fire ............................................................... 33 Fire Safety Definitions ..................................................... 33 Fire Safety Systems in Resident Facilities ......................... 34 Fire Log ........................................................................... 34 Procedures for Student Housing Fire Evacuation................................................................ 34 Fire Statistics for Residential Facilities at BSC.............................................................................. 35

Quick Reference Resources Bismarck State College Safety and Security Department ......................... 701-224-2700 Bismarck Emergency (Police, Fire, Ambulance) ................. 911 Bismarck Police Non-Emergency .......... 701-223-1212 Bismarck Fire Department Non-Emergency ............................... 701-355-1400 Ambulance Non-Emergency .................. 701-223-1310 City/County Emergency Management & Communication Center ..................... 701-222-6727 CHI St. Alexius Medical Center Emergency Room............................. 701-530-7001 Sanford Health Emergency Room ......... 701-323-6150 Poison Control Center ........................... 1-800-222-1222 Suicide & Crisis Prevention Center ........ 701-328-8899 Rape Crisis Line & Abused Adult Resource Center .............................. 701-222-8370 24 Hour Crisis Line ................................ 1-866-341-7009 Road Report.......................................... 9-511 National Weather Services .................... 701-250-4224 Employee Assistance Program.............. 701-530-7195 or 1-800-327-7195 Occupational Safety and Health Hazard Administration ...................... 701-250-4521

Additional Campus Offices Office hours Monday – Friday 8 a.m. - 4 p.m., Athletics ............................................... 701-224-5480 Buildings & Grounds............................. 701-224-5790 Human Resources ............................... 701-224-5427 Mystic Advising & Counseling Center ... 701-224-5752 Student Affairs ..................................... 701-224-5684 Student & Residence Life ..................... 701-224-5464 Title IX Coordinator .............................. 701-224-5427 Campus Information Center.................. 701-224-5677

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The Clery Act The Clery Act, also known as The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act – 20 U.S.C. §1092(f), is a federal law requiring institutions of higher education who receive federal student financial aid funds to disclose campus crime statistics and provide information regarding safety and security policies.

The United States Department of Education (ED) is responsible for monitoring the compliance of this act and may impose financial penalties against institutions found in violation of the law in addition to suspending their participation in federal financial aid programs.

The Clery Act, formerly known as the Crime Awareness and Campus Security Act, was signed in 1990 and is named after a 19-year-old Jeanne Clery, who was raped and murdered in her Lehigh University residence hall in 1986.

Clery’s parents lobbied Congress to enact the law when they discovered students at Lehigh hadn’t been notified about 38 violent crimes that had occurred on campus in the three years prior to Clery’s murder.

When the Higher Education Opportunity Act (HEOA) was signed into law in 2008, it amended the Clery Act by adding a number of safety and security related requirements to the Higher Education Act of 1965. To be in full compliance with the law, BSC must do the following: •

Publish and distribute an Annual Security Report to current and prospective students and employees by October 1 of each year. The report must provide crime statistics for the past three years, detail campus and community policies about safety and security measures, describe campus crime prevention programs, and list procedures to be followed in the investigation and prosecution of alleged sex offenses.

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Provide students and employees with timely warnings of crimes that represent a threat to their safety. The Bismarck State College Safety and Security Department must also keep and make available to the public a detailed crime log of all crimes reported to them in the past 60 days. Crime logs must be kept for seven years.

Logs older than 60 days must be made available within two business days upon request.

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Keep the past three years of crime statistics detailing crimes that have occurred: on-campus; in campus residential facilities; in public areas on or near campus; and in certain non-campus buildings. BSC must also report liquor and drug law violations and illegal weapons possession if they result in a disciplinary referral or arrest.

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Disclose missing student notification procedures that pertain to students residing in any on-campus student housing facilities.

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Disclose fire safety information related to any on-campus student housing facilities. This includes maintaining a fire log that is open to public inspection and publishing an Annual Fire Safety Report containing policy statements and fire statistics associated with each on-campus student housing facility. These statistics must include the location, cause, date, time, injuries, deaths and property damage of each fire.

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Submit the collected crime and fire statistics to the Department of Education each fall.

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Inform prospective students and employees about the availability of the Annual Fire Safety Report.

Members of the Bismarck State College community are encouraged to use this report as a guide for engaging in safe activities on and off campus. The report is available on the Internet at bismarckstate.edu/security/securityreport/. Every employee of BSC receives an email that describes the report and provides its website address. For more information contact the Safety and Security Department at 701-224-2700.

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Safety and Security Bismarck State College encourages students and college community members to be fully aware of the safety issues occurring on campus and to take action to prevent and report illegal and inappropriate activities. Personal awareness and applying personal safety practices are the foundation of a safe community.

College Safety and Security Department Bismarck State College’s Safety and Security Department is in the Meadowlark Building located at 1700 Schafer Street in Bismarck, North Dakota. The department has three full-time members: two certified police officers licensed by the State of North Dakota, and a security guard. In addition, the department employs part-time security guards as needed. The officer(s) are trained and certified under guidelines of the state of North Dakota Post Board Police Officer Standards, and are sworn officer(s) with full powers of arrest; empowered and mandated to enforce all applicable federal and state laws, local ordinance, and State Board of Higher Education and College policies.

Because BSC has no fraternities, sororities, or any other institutionally-recognized off-campus student organizations, no monitoring or recording for criminal activity is required by law enforcement agencies.

The BSC Safety and Security Department’s primary mission is to maintain a safe and secure environment for the college community. The Department is committed to the prevention of crime and the preservation of peace, order and safety.

Coordination With Law Enforcement Agencies The BSC Campus falls under the jurisdiction of several police agencies. The Safety and Security Department maintains close working relationships with local, state, and federal law enforcement agencies in implementing and coordinating campus law enforcement operations. We rely on these relationships for support on several levels.

Bismarck State College’s Safety and Security Department has a direct working relationship with the Bismarck Police Department through a Memorandum of Understanding.

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Timely Warning and Notifications In cases of reported aggravated assault, burglary, motor vehicle theft, murder, manslaughter, arson, sex offenses or robbery where the Safety and Security Department determines there is a continuing danger to the college community, warnings will be issued through appropriate processes. Decisions concerning whether to issue a timely warning will be made on a case-by-case basis using the following criteria: • • •

Nature of the crime Continuing danger to the campus community Possible risk of compromising law enforcement efforts

The safety of students and employees is a top priority of Bismarck State College. BSC has implemented emergency notification systems to allow the campus to contact students, employees and other designated individuals or agencies rapidly during an emergency.

An emergency is defined as a situation that poses an immediate threat to the health and safety of someone in the institution or system community or significantly disrupts the institution or activities of the campus. Examples could include: active shooter, police initiated emergency, winter weather closing, fire emergency, tornado warning, hazmat emergency, severe weather alert, bomb threat, and hostage situation.

The college, in conjunction with various campus offices, will distribute timely warning announcements when there appears to be a threat to the safety and security of persons on campus. While every attempt will be made to distribute the timely warning as soon as possible after the incident or series of incidents is reported, the release will occur after a determination is made that the crime(s) represents a continuing threat to students and employees and is subject to the availability to accurate facts concerning the incident(s).

Timely Warnings will be distributed in a manner reasonably likely to reach the campus community. Depending on the circumstances, any of the following method, or combinations thereof, may be used: • • • • • • • • •

Emergency Notification System Campus Public Address System Phone Text Message Email Official BSC Website BSC Intranet/CORE Portal Press Release Targeted Communication-Poster, Letters, Group Meetings, etc.

Accurate and Timely Reporting of Criminal Offenses Prompt and accurate reporting of criminal offenses aids in providing timely responses and timely warning notices to the community when appropriate, and assists in compiling accurate crime statistics. Community members, students, faculty, staff and guests are encouraged to report all crimes and public safety related incidents in an accurate and timely manner to the Safety and Security Department or local law enforcement.

To report an emergency, call 911. To report a crime on the BSC campus, call BSC Safety and Security at 224-2700.

To report a crime after hours, or in the event that BSC Safety and Security is unable to respond, call the Bismarck Police Department.

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Individuals on campus may also report crimes to a designated Campus Security Authority (CSA). For Clery Act purposes, CSAs are Bismarck State College officials having significant responsibilities for student and campus activities including, but not limited to, student activities, student housing, student athletics, and student judicial and discipline proceedings. Each of the CSAs will be responsible for forwarding campus crime reports to the BSC Safety and Security Department for investigation and crime reporting.

BSC has identified the following as Campus Security Authorities (CSAs): Campus Police Officer.......................................................................................................

Campus Security Guard ....................................................................................................

Campus Safety Security Manager .....................................................................................

Chief Human Resource Officer/Title IX Coordinator/Deputies ...........................................

Dean of Humanities, Arts & Social Sciences .....................................................................

Dean of Current & Emerging Technology ..........................................................................

Dean of National Energy Center of Excellence ..................................................................

Associate Dean of Student Affairs .....................................................................................

Director of Counseling and Advising Services ...................................................................

Director of Student and Residence Life .............................................................................

Director of Athletics ...........................................................................................................

Coaches............................................................................................................................

Residence Hall Coordinators and Resident Assistants ......................................................

Faculty/Staff Advisors of BSC Student Clubs/Organizations..............................................

701-224-2700 701-224-2700 701-224-2700 701-224-5427 701-224-5760 701-224-5580 701-224-5758 701-224-2701 701-224-5666 701-224-5465 701-224-5512 701-224-5512 701-224-5464 701-224-5464

These designated individuals have significant responsibility for student and campus activities, and as such are provided notice by BSC as to the extent of their responsibility and how to report crimes to the Safety and Security Department.

A student’s privacy concerns are weighed against the needs of BSC to respond to certain incidents and crimes. To the greatest extent possible, all reports will remain private. However, information may be shared with appropriate departments and agencies under a need-to-know basis when it pertains to investigative needs and safety concerns of the campus community.

Information reported to BSC is treated as confidential during the investigative phase, except as required by law.

When major incidents occur, the Bismarck Police Department may also respond.

Applicable Campus Safety and Security incident reports are forwarded to appropriate campus department offices for review and potential action. Campus Safety and Security will investigate a report when it is deemed appropriate.

Additional information obtained via the investigation may also be forwarded to the appropriate campus department.

The campus counselor, when employed as a counselor and acting within the scope of their employment at Bismarck State College, is not considered to be a CSA and is not required to report crimes for inclusion in the annual disclosure of crime statistics. However, the campus counselor is encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion in the annual crime statistics.

BSC does not employ campus pastoral counselors.

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Sex Offender Registry Colleges and universities are required to disclose where to obtain information about registered sex offenders who are either students or employees at the institution. Information can be obtained from the Bismarck Police Records Department at 700 South 9th Street, Bismarck, ND 58504, or phone 701-223-1212. Information can also be found at the State of ND Attorney General’s Office at sexoffender.nd.gov/.

Missing Student Notification Policy Bismarck State College recognizes the importance of safety for our on-campus living community. This policy assists with procedures based on facts and circumstances known to Bismarck State College campus that a student has been determined to be a “missing person.”

Bismarck State College defines a missing student as a person enrolled at BSC, living on campus, whose whereabouts have not been accounted for by local law enforcement, and the absence is contrary to the usual pattern of behavior of the student and/or unusual circumstances may have caused the absence of the student. Circumstances may include, but are not limited to the following: a report or suspicion that the missing person may be the victim of foul play, a report the missing student has expressed suicidal thoughts, a report the missing student is drug dependent, a report the missing student is in a life threatening situation, or a report the missing student has been with or is in the company of persons who may endanger the student’s welfare.

Emergency Contact Information Designation Students have the opportunity during each semester to designate an individual or individuals to be contacted by BSC Safety and Security Department (or appropriate local law enforcement) in the event the student is determined missing.

This contact information is kept confidential and will only be used by authorized campus officials in a missing student investigation. Notification will be made no more than 24 hours after the time the student is determined to be missing in accordance with procedures in this policy. A contact designation will remain in effect until changed or revoked by the student.

If a student is under the age of 18 and is not an emancipated adult, the College is required to notify a custodial parent or guardian no more than 24 hours after the student is determined to be missing.

Official Notification for Missing Persons Any individual on campus who has information that a residential student may be a missing person must notify Bismarck State College Safety and Security Department (701-224-2700) or the Student and Residence Life Office/Staff (701-224-5464 or 701-224-5465).

The BSC Safety and Security Department will gather all essential information about the residential student from the reporting person and from the student’s acquaintances (description, clothes last worn, where student might be, who student might be with, vehicle description, information about the physical and mental well-being of the student, an upto-date photograph, class schedule, etc.) Appropriate campus staff will be notified to aid in the search for the student.

If the above actions are unsuccessful in locating the student or it is apparent immediately that the student is missing (i.e. a witnessed abduction), the BSC Safety and Security Department will contact the appropriate local law enforcement agency who will take charge of the investigation.

No more than 24 hours after determining that a residential student is missing, contact will be made by the BSC Safety and Security Department or local law enforcement to the designated contact.

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Campus Communication Regarding Missing Student In cases involving missing persons, law enforcement personnel are best situated to provide information to the media that is designed to elicit public assistance in the search for a missing person. Therefore, all communications regarding missing students will be handled by outside law enforcement authorities, who may consult with the College Relations Office. All inquiries to the college regarding missing students, or information provided to any individual at the college about a missing student, shall be referred to the BSC Safety and Security Department, who shall refer inquiries and information to law enforcement authorities.

Prior to providing the Bismarck-Mandan community with any information about a missing student, the College Relations Office shall consult with the BSC Safety and Security Department and with local law enforcement authorities to ensure that communications do not hinder the investigation.

Access to and Security of Campus Facilities Access to campus facilities is a privilege extended to students, faculty, staff, and authorized guests. Except for resident halls, which are limited to residence and their invited guests, most campus facilities are open during weekday business hours. Individuals who wish to access College buildings or property during non-business hours or for special events should contact the Campus Facilities Associate at 701-224-5686.

Bismarck State College is responsible for the security of buildings, including the locking and/or checking of BSC buildings and the opening of buildings on weekends and holidays and at the request of department heads, deans, or other authorized employees. Maintenance personnel make security inspections and repairs throughout the campus as needed.

Buildings have individual hours which may vary at different times of the year. In these cases the building will be secured according to the schedules developed by the department or the individual responsible for the building.

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Students, faculty, staff and visitors are encouraged to report needed repairs to the Chief Buildings and Grounds Officer for all buildings. Requests for repairs/maintenance in the residence halls should be addressed to the Director of Student and Residence Life.

The following guidelines are used to maximize safety for all and still provide convenient access to buildings: •

Keys are issued to authorized faculty, staff and students.

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Exterior building doors are prohibited from being propped open when the doors are locked.

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Building evacuation is mandatory for all fire alarms.

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Video security cameras are positioned to monitor all exterior doors and parking lots.

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Lighting on campus is periodically evaluated for safety purposes and added as needed.

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Shrubbery in proximity to doors and sidewalks is removed.

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Faculty or staff who come in contact with persons who behave in a suspicious manner or are involved in suspicious activities should report to Campus Safety and Security.

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On-campus telephones are located by entrances to buildings. These telephones are also capable of calling 911.

Security in Residence Halls Bismarck State College has four residence halls and two apartment halls. Each hall is staffed by a residence supervisor (RC) and student resident assistants (RAs) who reside on each floor.

All college residence life staff receive training on security measures and emergency crisis management. Residence hall staff inform residents of safety and security information via handbooks, floor meetings, and through programming. In addition, residence life staff work closely with the Safety and Security Department in dealing with situations that effect the safety of residents.

Residence hall exterior doors are locked twenty-four hours a day. Phones are available in each residence hall main entry, with the exception of Mystic Hall, to allow visitors to call hall residents. Residents are encouraged not to prop doors open and not to open these doors for anyone other than their guests. All guests must be escorted by the resident host at all times. Residence halls have security video monitoring of all exterior doors for protection.

Residents are encouraged to report lost key cards or lost or missing keys.

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Emergency Response and Evacuation In the event of an emergency or dangerous situation, the BSC Safety and Security Department has the responsibility of responding to and summoning the necessary resources to mitigate, investigate and document the situation. In addition, the BSC Safety and Security Department has the responsibility to respond to such incidents to determine if the situation does in fact pose a threat to the health and safety of the campus community.

Bismarck State College conducts drills and exercises throughout the year for the purpose of promoting safety on campus in numerous different situations. BSC conducts two evacuation drills each year for all on-campus student housing facilities, and annually for each of the remaining campus buildings. To ensure emergency plans are appropriate, BSC conducts emergency response exercises annually. BSC’s Emergency Procedure guide can be found at https://bismarckstate.edu/flipbooks/emergency/index.html Communication in an Emergency The College has developed a protocol for the notification of emergencies and will, without delay, immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health and safety of students or staff. Decisions concerning whether to issue a notification will be made by using the following criteria: • • •

Nature of the situation Continuing danger to the campus community Possible risk of compromising law enforcement efforts

The Crisis Management Team determines what content to include in the notification on a case-by-case basis.

Individuals responsible for putting out emergency notification to the campus community include, but are not limited to: • • • • •

Safety and Security Manager or designee Executive Vice President or designee Vice President of Student Affairs or designee Chief Building and Grounds Officer or designee Vice President of Academic Affairs or designee

Safety instructions for student, faculty and staff will be made available through any or all of the following methods: • • • • • • • •

Emergency Notification System Campus Public Address System Phone Text Message Email Official BSC Website Press Release Warning Sirens

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Alcohol and Drugs Drug Free Workplace Policy Bismarck State College has a genuine concern for the community and its people. For this reason, the college is committed to maintaining an academic and social environment conducive to the intellectual and personal development and to the safety and welfare of all members of the college community.

Bismarck State College recognizes the serious problems created by the use and abuse of alcohol and drugs. In response to this awareness, BSC has an alcohol and drug prevention program and is committed to: 1. Establishing and enforcing clear policies and regulations regarding the use of alcohol and drugs.

2. Educating employees about the dangers and health risks associated with the use of alcohol and drugs.

3. Conducting programming each year to provide activities, workshops, and events promoting a healthy lifestyle and environment.

4. Providing resources through counseling and referral services for employees.

Policy It is the policy of Bismarck State College that the unlawful manufacture, distribution, dispensation, possession or use of alcohol or a controlled substance in the workplace or when representing BSC in a working capacity off campus is prohibited. Responsible use of alcohol at BSC related social events (e.g. Alumni Dinner, Holiday Party, Bis-Man Chamber Mixer, etc.) or during designated social hours at conferences, seminars, etc. is exempt.

Enforcement 1. A supervisor can require an employee to undergo alcohol or controlled substance testing if the supervisor has reason to believe that the employee is under the influence of alcohol or a controlled substance.

2. Any employee who violates this policy is subject to discipline up to and including termination.

Terms and Conditions 1. Bismarck State College does not differentiate between drug users and drug sellers. Any employee who gives or in any way transfers a controlled substance to another person or sells or manufactures or uses a controlled substance while on the job or at a site at which the College’s work is performed will be subject to discipline up to and including termination.

2. The term “controlled substance” means any drug listed in 21 U.S.C. paragraph 812. Such drugs include, but are not limited to heroin, marijuana, cocaine, PCP, methamphetamine, opium/opiate, etc.

3. Each employee is required to abide by this policy as a condition of employment and is further required to inform his or her supervisor within five days following any conviction for violation of any federal or state criminal drug statute where such violation occurred in the College’s workplace.

4. A conviction means a finding of guilt (including a plea of guilty or of nolo contendere) or the imposition of a sentence by a judge or jury.

5. Bismarck State College is required to notify the U.S. government within ten days of receiving notice of a conviction. Therefore all supervisors must notify the President of the College within 24 hours of receipt of notice from an employee of a conviction.

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Health Risks of Alcohol and Other Substances of Abuse To find out more about these commonly abused agents and others substances of abuse not listed here visit the Drug Enforcement Administration - justice.gov/dea/index.shtml Hotline: The National Drug Abuse Hotline is (1-800-662-HELP).

Referral Services Employees may utilize the referral services provided by the Employee Assistance Program. For further information on the EAP, contact the Human Resources Office.

Treatment Full-time employees will be allowed up to six weeks leave from work for treatment of drug and/or alcohol abuse.

Alcohol and Illegal Drugs Policy Students at Bismarck State College are required to abide by all federal, state and local laws regarding the possession, sale, use and consumption of alcoholic beverages. In addition, they are required to obey campus regulations regarding alcoholic beverages, as stated in this policy.

The college also considers the use, possession, distribution, or sale of those drugs (hallucinogens, narcotics, stimulants, and depressants) which are illegal except when taken under a physician’s prescription as contrary to the welfare of the College. Students involved in such activities are subject to disciplinary action and will be prosecuted according to the law.

Statement of General Principles Bismarck State College recognizes the serious problems created by the use and abuse of alcohol and drugs.

In response to this awareness, Bismarck State College has an alcohol and drug prevention program and is committed to: 1. Establishing and enforcing clear policies and regulations regarding the use of alcohol and/or drugs.

2. Educating students about the dangers and health risks associated with the abuse of alcohol and/or use of illegal drugs.

3. Conducting programming each year to provide activities and events promoting a healthy lifestyle and environment.

4. Providing resources and referral services for students who experience alcohol and/or drug abuse.

Campus Regulations 1. A student who brings or uses intoxicating liquors, alcoholic beverages or illegal drugs on campus is subject to disciplinary action.

2. A student who attends class under the influence of alcohol or illegal drugs is subject to disciplinary action.

3. Faculty and staff are justified in contacting appropriate law enforcement authorities and/or campus security in the event a student is under the influence.

4. Students who are involved in illegal drug usage, off the premises of the campus, may also face disciplinary action.

5. Student organizations, societies and clubs are not allowed to sponsor on-campus or off-campus events at which alcohol or illegal drugs are consumed.

6. Sale of alcoholic beverages and/or drugs by student organizations, societies and clubs is strictly forbidden.

(This is to include any action that can be remotely construed as alcohol sale such as charging admission to parties, passing the hat, selling empty cups, selling drink tickets, etc.)

7. Alcoholic beverages and/or drugs may not be used as awards or prizes in connection with events or activities sponsored by student organizations, societies and clubs.

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8. Advertisements for alcohol sales and bars are not allowed to be posted on campus. These advertisements will also not be allowed electronically or printed in BSC publications. There could be an exclusion for community events as determined by the president.

9. Disciplinary action, which may include expulsion from the College, shall follow the procedures and regulations for disciplinary action that are found in the BSC Student policy titled “Student Conduct.� In addition, such matters may be reported by the College to the appropriate law enforcement authorities.

10. Since involvement with drugs may be associated with medical and/or psychological problems, students may be referred or may refer themselves to counseling or medical services.

North Dakota Law on Alcoholic Beverages 1. The state of North Dakota requires that individuals be at least 21 years of age to buy, possess and consume alcoholic beverages.

2. It is illegal to give or sell alcohol to an individual under the age of 21.

3. It is illegal to have an open container of alcohol in any vehicle.

4. It is illegal to serve alcohol to an intoxicated person.

5. It is illegal to sell alcohol of any kind without a license or permit.

6. Organizations are not immune from prosecution for a legal violation. The officers of that group are usually the parties cited, but every group member is liable.

7. Driving while intoxicated (.08 blood alcohol content) is a criminal offense.

8. Being intoxicated is not a legal defense for any charge, including assault, rape, vandalism, slander, manslaughter or accident.

9. If an underage person is involved in a drinking/driving crash after leaving a party, the victim(s) of the crash may sue both the person at fault and those who provided the alcohol.

North Dakota Law on Illegal Drugs North Dakota has adopted the Uniform Controlled Substances Act, which restricts the manufacture, transfer, and possession of narcotic drugs and other drugs that have a potential for abuse or that may lead to physical or psychological dependence.

1. In North Dakota, it is a Class A felony to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance such as methamphetamine or narcotic drugs such as opium or cocaine.

2. Felony Penalties: Class A (up to 20 years imprisonment and/or a $10,000 fine), Class C (up to five years imprisonment and/or $5,000 fine).

3. Possession of one-half ounce to one ounce of marijuana is a Class A misdemeanor.

4. Possession of less than one-half ounce (14.175 grams) is a Class B misdemeanor.

5. Inhaling vapors of a volatile chemical in a manner designed to create intoxication, hallucination, or elation is a Class B misdemeanor.

6. Possession of drug paraphernalia for controlled substances other than marijuana is a Class C felony.

7. Possession of drug paraphernalia for marijuana is a Class A misdemeanor.

8. It is a Class A misdemeanor to advertise drug paraphernalia.

9. Misdemeanor penalties: Class A (up to one year imprisonment and/or $2,000 fine), Class B (up to 30 days imprisonment and/or $1,000 fine).

Federal Law Federal law provides criminal and civil penalties for unlawful possession or distribution of drugs and alcohol. See justice.gov/dea/druginfo/ftp3.shtml for details on federal trafficking penalties for controlled substance violations.

Penalties include incarceration, fines, forfeiture of property, ineligibility to own firearms, and becoming ineligible to receive federal benefits such as student loans and grants.

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Disciplinary Action 1. Students are expected to obey the regulations of this policy and are obliged to obey the alcoholic beverage and drug laws of the State of North Dakota and federal laws regarding these matters. Failure to abide by the College regulations and North Dakota and federal law, will result in disciplinary action.

2. State law, Federal law and College policy will be regarded as the principle bodies of rules governing the use of drugs for BSC students.

3. Procedures and definitions of disciplinary action are found in BSC Student Policy titled, “Student Conduct.”

4. Each student will be held responsible for his/her own behavior, and it will not be regarded as “double jeopardy” for both civil authorities and the College to initiate disciplinary sanctions against a student who violates College policy or law.

5. A federal or state drug conviction can disqualify a student from Federal Student Aid eligibility. If a student is convicted of possession or sale of illegal drugs during a period of enrollment for which the student was receiving federal financial aid, the student will lose eligibility for federal student aid funding. The student can lose federal financial aid eligibility of one year from the date of the first conviction, two years from the date of the second conviction and indefinitely for a third offense for the possession of illegal drugs.

6. A student can lose federal financial aid eligibility for two years from the date of the first conviction and indefinitely for the second conviction for the sale of illegal drugs. A student can regain eligibility the day after the period of ineligibility ends or when he or she successfully completes a qualified drug rehabilitation program.

Students may initiate help for themselves or others by contacting any of the following: On Campus 1. Personal Counselor 224-2449; located in the Mystic Advising & Counseling Center (Lower level of the Student Union) 2. Alcohol and Other Drug Prevention Coordinator; 224-2449 3. Director of Student and Residence Life, 224-5465 Community Resources 1. “211” – 24 hour referral and crisis management hotline for North Dakota 2. West Central Human Services, 328-8888 3. Heartview Foundation, 222-0386 4. Alcoholics Anonymous, 222-2100 National Numbers 1. The National Drug & Alcohol Hotline: 1-800-711-6402

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Sexual Misconduct Sexual Misconduct and Title IX Compliance Policy Bismarck State College is committed to a positive learning, working and living environment. BSC will not tolerate acts of sexual misconduct or related retaliation against or by any employee or student. In working to achieve this intent, BSC commits to: (1) taking action to stop sexual misconduct; (2) taking action to remedy its effects by providing advocacy, support and appropriate referral services for recipients of the behavior; (3) taking action to prevent recurrence; (4) educating individuals and promoting discussions on interpersonal abuse and violence; and (5) conducting impartial investigation of all reports/notices of sexual misconduct through fair, equitable and prompt procedures. Investigations will be independent of and separate from law enforcement investigations of criminal activity.

This policy is required by federal law and implementation of this policy is guided by the U.S. Department of Education, Office of Civil Rights. a) Sexual misconduct is prohibited in all forms, regardless of intent to harm. Sexual assault, sexual exploitation, coercion and sexual harassment are examples of sexual misconduct, and all are prohibited. b) Also prohibited under Title IX is any rule violated on the basis of the recipient of the behavior’s sex/gender which is severe enough to cause a discriminatory effect. (Examples of this may include but are not limited to bullying, cyber-bullying, and relationship violence and stalking.)

Definitions: For the purpose of this policy, the following definitions apply: a) Consent: 1. Words or actions showing a clear, knowing and voluntary agreement to engage in mutually agreed upon sexual act; or 2. An affirmative decision given by clear actions or words.

3. Consent may not be inferred from: i.

Silence, passivity, or lack of active resistance alone.

ii. A current or previous dating or sexual relationship.

NOTE: It is important to obtain explicit consent from any sexual partner and not to make assumptions. If confusion or ambiguity on the issue of consent arises anytime during the sexual interaction, it is essential that each participant stops and clarifies, verbally, a willingness to continue. Consent to one form of sexual act does not imply consent to other forms of sexual act(s).

Age of Consent” – North Dakota – According to North Dakota Century Code (12. 1 – 20): • The “age of consent” is 18 years old in North Dakota; • A person under the age of 15 cannot legally consent to sexual activity under any circumstances; • A person between the ages of 15 – 17 is legally able to consent to sexual activity if the partner is less than three years older. For example, a 16 year old can legally consent to engage in sexual activity with a partner who is 18 years old, but not a partner who is 19 years old. b) Coercion: is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

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c) Incapacitation: a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). d) Intimidation: is implied threats or acts that cause an unreasonable fear of harm in another. e) Responsible employees (as defined in Title IX law): 1. Those with authority to address and remedy sex and gender-based discrimination and harassment; 2. Those with responsibility to report sexual misconduct to a supervisor; and/or 3. Those who a student would reasonably believe have such authority or obligation.

BSC has designated all employees as responsible employees. f)

Retaliation: Any adverse action taken against a person because of their participation in a protected activity.

Retaliation against an individual for alleging sexual misconduct, supporting a complainant or for assisting in providing information relevant to a claim of sexual misconduct will be treated as another possible instance of harassment or discrimination. Any acts of alleged retaliation should be reported immediately to the Title IX Coordinator or a Title IX Deputy and will be promptly investigated. BSC is prepared to take appropriate steps to protect individuals who fear that they may have been subjected to retaliation.

g) Sexual Acts include, but are not limited to, the following actions: 1. Sexual intercourse; 2. Sodomy (oral and/or anal); 3. Sexual penetration with any object; 4. Sexual touching of a person’s intimate parts (genitalia, groin, breasts, buttocks, mouth or other bodily orifice or the clothing covering them); or 5. Compelling a person to touch his or her own or another person’s intimate parts. h) Sexual Assault: Any sexual act between two or more people to which one person does not or cannot consent.

This includes sexual acts or contacts with others that can involve: 1. Compelling a person to submit to sexual acts or contacts by force, threat of force, or intimidation; 2. Use of intoxicants to substantially impair the person’s power to give consent; or 3. Engaging in such acts when the person suffers from a mental state that renders him or her incapable of understanding the nature of the contact. This includes, but is not limited to, situations when an individual is intoxicated, “high”, scared, physically or psychologically pressured or forced, passed out, unconscious, intimidated, coerced, mentally or physically impaired, beaten, isolated, or confined. i)

Sexual Exploitation: Taking sexual advantage of another person without consent. Examples include, but are not limited to: 1. Causing the incapacitation of another in order to take sexual advantage of the person; 2. Distributing or publishing sexual information; 3. Engaging in indecent exposure;

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4. Engaging in voyeurism (the viewing of another for sexual gratification); 5. Invasion of sexual privacy; 6. Knowingly exposing another to an STD or HIV; 7. Prostituting another person; or 8. Recording, photographing, or relaying sexual sounds or images. j)

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic achievement; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; or 3. Such conduct has the effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive environment.

k) Sexual Misconduct: Any non-consensual behavior of a sexual nature that is committed by force, intimidation, or is otherwise unwelcome that is sufficiently severe, persistent, or pervasive so as to limit a student’s/employee’s ability to participate in or benefit from a BSC program or activity. Depending on the circumstances, a single incident of sexual misconduct may be sufficient to limit a student’s/employee’s ability to participate in or benefit from a BSC program or activity. l)

Stalking: A pattern of behavior that makes you feel afraid, nervous, harassed or in danger. It is when someone repeatedly contacts you, sends you things, talks to you when you don’t want them to, or threatens you. You can be stalked by someone you know casually, a current boyfriend or girlfriend, someone you dated in the past or a stranger. Stalking is a crime and can be dangerous.

“Stalking” – North Dakota – According to North Dakota Century Code (12.1–17-07.1.)

Reporting/Confidentiality: Students/employees are encouraged to report incidents or information related to sexual misconduct as soon as possible. If criminal activity is involved, students/employees are encouraged to contact the BSC Campus Safety and Security Department or local law enforcement. BSC employees who become aware of a complaint or violation of this policy must report the complaint or violation either to the Title IX Coordinator or a Title IX Deputy: Coordinator Rita Lindgren, Chief Human Resources Officer Meadowlark Building (1700 Schafer Street) Phone: 701-224-5427; email: rita.lindgren@bismarckstate.edu Deputies Angie Friez, Human Resources Manager Meadowlark Building (1700 Schafer Street) Phone: 701-224-2414; email: angie.friez@bismarckstate.edu Carla Hixson, Dean of Current & Emerging Technologies Tech Center (1200 College Drive) Phone: 701-224-5580, email: carla.hixson@bismarckstate.edu

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Campus Safety & Security Manager Meadowlark Building (1700 Schafer Street) Phone: 701-224-5789 Jay Meier, Associate Dean of Student Affairs Jack Science Center (1420 Schafer Street) Phone: 701-224-2701, email: jay.meier@bismarckstate.edu Confidential Reporting BSC Counseling and Advising Center Student Union (1425 Schafer Street) Phone: 701-224-2449; email: mandi.talbacka@bismarckstate.edu The guiding principle in accepting reports of sexual misconduct is to avoid re-victimizing the recipient of the behavior by forcing them into any plan of action. BSC will make every attempt to safeguard the privacy of the complainant and/or recipient of the behavior; however, it is important that complainants recognize that BSC cannot ensure confidentiality in all cases. BSC must weigh the request for confidentiality against its obligation to protect the safety and security of the entire campus. Depending on the circumstances of the offense (the severity of the offense, the number of victims involved, involvement of a minor, etc.), BSC may be required to respond to an incident, even if confidentiality has been requested. Therefore, BSC employees cannot guarantee absolute confidentiality. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis.

Resources: The following are individuals and agencies that can assist victims of sexual assault and other sexual offenses:

BSC Resources •

BSC Campus Safety and Security o Meadowlark Building

224-2700

•

BSC Mystic Advising and Counseling Center o Student Union, Lower Level

224-2449

Community Resources • • • • •

• • •

Bismarck & Mandan Emergency Response 911 CHI St. Alexius Medical Center (hospital-emergency room) 530-7000 st.alexius.org 900 E. Broadway, Bismarck CHI St. Alexius Employee Assistance Program (EAP) 530-7195 Sanford Health (hospital-emergency room) 323-6000 sanfordhealth.org/bismarck 300 N. 7th Street, Bismarck Abused Adult Resource Center (for assistance with sexual assault, 222-8370 dating violence, domestic violence, neglect or abuse) or Crisis line 1-866-341-7009 abusedadultresourcecenter.com 218 W. Broadway Ave., Bismarck West Central Human Services (24 hour emergency line) 328-8888 nd.gov/dhs/locations/regionalhsc/westcentral/ 1237 W. Divide Ave. #5, Bismarck Bismarck Police (administrative) 223-1212 bismarcknd.gov 700 S. 9th Street, Bismarck Mandan Police (administrative) 667-3250 mandanpd.com 205 1st Ave. NW, Mandan

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Employee Responsibility: All employees are considered “responsible employees” (as defined above). When a responsible employee becomes aware of any complaint or type of sexual misconduct, they must report it immediately to either the Title IX Coordinator or a Title IX Deputy. Employees who fail to immediately report any complaint or type of sexual misconduct are subject to disciplinary procedures.

Informal/Formal Resolution: BSC offers both informal and formal resolution of sexual misconduct complaints involving BSC students, faculty or staff. Independent of the path chosen by the recipient of the behavior, BSC will conduct an impartial, fair, and prompt investigation into the allegations, and ensure that actions will be taken to prevent similar actions in the future. All parties have a responsibility to provide truthful information during the process. Typically, investigation/resolution of the complaint will occur within 60 calendar days from the time the case is assigned to investigators. If it is anticipated that the investigation/resolution process will take longer than 60 calendar days, parties will be notified in writing indicating the reason(s). Investigation/resolution (whether it is an informal or formal resolution) of the allegations shall include: a) The complainant and the accused having equal opportunities to present relevant witnesses and other evidence; b) Providing both sides with similar and timely access to any information that will be used during the process; c) Equal opportunity to have a support person present, and equal restrictions on how a support person may participate during the process; d) The right of the complainant and the accused to be informed of the outcome of the investigation/resolution, and the right of either party to appeal; and e) The right of the complainant and the accused to receive periodic status updates throughout the investigation/resolution process.

All sexual misconduct cases shall use a “preponderance of the evidence” standard; meaning that in order for the accused to be held responsible, the appropriate administrative officer, in conjunction with the Title IX Coordinator must determine that it is more likely than not that the sexual misconduct occurred.

Informal Resolution: Except in cases of sexual assault which always require a formal resolution, complainants may choose to pursue informal resolution of their complaint. Informal resolution is entirely voluntary and the complainant and accused may end informal resolution at any time and enter the formal process. Complainants should never attempt to resolve the complaint on their own or directly with the accused. In cases of informal resolution, the Title IX Coordinator shall assign a College official with the authority to remedy the alleged violation (e.g. Associate Dean of Student Affairs, the alleged perpetrator’s supervisor, etc.) to oversee the informal resolution process. The informal process provides the complainant and accused with a forum to address the behavior; to express how the alleged behavior has impacted them and those close to them; and to communicate to the parties involved and BSC how this behavior will be addressed so that the behavior will not reoccur.

The College official may impose a sanction warranted by the information gathered during the informal resolution, any supporting information known to the College. If the sanction is agreeable to the parties, the informal resolution is complete, and the sanction is imposed. In cases where the parties are not in agreement with the informal resolution, they could then enter the formal process.

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Formal Resolution: Formal resolution of sexual misconduct complaints will be resolved as follows: a) If the parties involved are employees, the College will follow the applicable policy(s) for the circumstances (e.g.

NDUS HR Policy Manual 25. Job Discipline/Dismissal—staff, NDUS HR Policy Manual 28. Grievance Procedures—staff, SBHE Policy 605.3 Nonrenewal, Termination or Dismissal of Faculty, SBHE Policy 612 Faculty Grievances, BSC General Harassment Policy). b) If the parties involved are students, BSC will follow the procedure outlined in the Student Rights & Responsibilities Policy and/or Student Harassment Policy.

Sanctions: Factors Considered in Determining Sanctions: Although not binding or definitive, the following factors may be considered in determining what sanctions are appropriate in a particular case: 1. The nature of the violation(s) 2. Prior violations and disciplinary history 3. Mitigating circumstances surrounding the violation 4. The student’s motive or purpose for engaging in the behavior 5. Sanctions which have been imposed in similar cases in the past 6. The developmental and educational impact on the student Possible Sanctions: A sanction is a consequence placed upon any student for conflicts with specified College policies. Sanctions help define the student relationship with the College in the context of current and potential future behavior including a notice that further conflicts may lead to more severe behavioral sanctions. Individual students who are found in violation of College policy may be subject to one or more of the sanctions below.

Possible disciplinary action may include: 1. Warning – A verbal or written notice to the student that the student is violating or has violated College regulations.

2. Probation – A written notification for violation of College policy. Probation indicates that continued enrollment is conditional upon review and observation in which the student demonstrates the ability to comply with College policies and any terms or conditions that have been imposed during a specified period. It is a matter of temporary record.

3. Suspension for Conduct – A written notification of denial of the privilege of enrollment in the College for a specific period. Conditions for re-enrollment may be specified. This is a matter of permanent record.

4. Expulsion from the College – A written notification that the student is permanently denied the privilege of enrollment at the College. This is a matter of permanent record.

5. Suspension from Class – The immediate revocation of the privilege of attending a class, using a laboratory, or participating in a shop.

6. Loss of Privileges – Denial of specified privileges for a designated period of time. Loss of privileges may include, but are not limited to participating in or attending an event, receiving guests in residence halls, using network services, representing the College, and receiving financial aid.

7. Discretionary Sanctions – Work assignments, service to the College, confiscation, educational projects, alcohol and drug testing and/or screening, participation in a specific program.

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8. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

9. Fine – The imposition of a monetary penalty.

10. Eviction – The formal removal of a student from College housing.

11. Revocation of Admissions and/or Degree – Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

12. Withholding Transcript (Grades) or Degree – Refusal by the College to provide transcripts or the degree to the student, to other institutions, to employers, and to other agencies until the completion of the process set forth in student conduct, including the completion of all sanctions imposed, if any.

13. Failing Grade – Possible penalty that may be used in the case of academic dishonesty. Depending on the circumstances, the failure may apply to a single assignment or exam, a unit of study, or an entire course.

14. Interim Action – A student may be temporarily suspended when the student actions or threats of actions indicate a serious threat to the welfare and/or safety of persons or property. Conditions under which emergency suspension may be imposed: to ensure the health, safety, or well-being of members of the College community; to preserve College property; to ensure the suspended student’s own physical and emotional safety and wellbeing; or to ensure against the disruption of, or interference with, the normal operations of the College.

Anonymous Complaints: Anonymous complaints will be accepted by the College. BSC’s ability to investigate and resolve anonymous complaints will be limited if the information contained in the anonymous complaint cannot be verified by independent facts.

Interim Measures: When warranted by the circumstances surrounding a complaint of sexual misconduct, the College may implement interim measures until its investigation concludes. Violation of these interim measures may be considered grounds for additional complaints of sexual misconduct or as retaliation for the ongoing investigation of sexual misconduct.

Potential interim remedies include, but are not limited to: a) Providing an escort to the complainant so that he/she may move safely on campus; b) Issuing a no contact order to the parties, prohibiting any contact between them; c) Moving the complainant and/or accused to different BSC housing; d) Altering the class schedule of the parties so that they do not attend the same classes; e) Providing counseling services; f)

Providing academic support services; and

g) Restraining order assistance and/or enforcement on campus.

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Prevention: BSC attempts to foster a safe living, learning, and working environment for all members of the campus community. To accomplish this, BSC considers the educational programming that addresses all aspects of domestic violence, dating violence, sexual assault, and stalking (safety precautions and prevention, crisis management, reporting, medical and counseling services, academic schedules, living arrangement, etc.), the campus response to sexual violence, domestic violence, dating violence, and instances of stalking, and physical surroundings throughout the campus community.

BSC develops programming concerning domestic violence, dating violence, sexual assault, and stalking. BSC Campus Safety and Security department supports the educational programs by providing input and personnel to accomplish this task. For additional information about campus programming concerning domestic violence, dating violence, sexual assault, and stalking, contact the Title IX Coordinator, Human Resources, Student and Residence Life Office, Mystic Advising and Counseling Center, and Student Affairs Office.

First year students are required to participate in a Title IX and VAWA education program that combines sexual assault and substance abuse prevention in a comprehensive online training program. This training program provides students with a comprehensive foundation in four areas: alcohol awareness, drug awareness, sexual violence awareness, and intimate partner violence. These courses prepare students before they begin their life in college.

BSC continuously considers the physical surroundings in addressing campus security to avoid assault and other crimes on campus. The physical surroundings are modified when seen as a possible threat to the safety of students, staff, and faculty. Campus administrators, Campus Safety & Security, and the BSC Student Government Association (SGA) tour campus on an annual basis to determine if there are any safety concerns. They assess campus signs, emergency phones, lighting, and locking procedures. For further safety information, contact BSC’s Campus Safety & Security Department.

Intervention: The BSC community actively supports individuals who experience sexual misconduct through a coordinated response system that attends to their physical and emotional well-being. BSC disciplinary efforts respect the personal rights of all parties. For further information, see BSC BSC Student Rights & Responsibilities and BSC Student Handbook. All reports/notices of sexual assault and sexual misconduct are handled in a manner designed to respect the privacy of the involved individuals, to the extent permitted by law. Incidents are reported to appropriate Departments and agencies in consideration of safety concerns and investigative needs. In addition, BSC publishes and disseminates annual statistics on incidents of sexual assault as required by the Clery Act. The annual Clery Act Report is available online at: https://bismarckstate.edu/students/resources/HealthandSafety/CampusSafety/CampusSecurity/.

False Complaints: Knowingly submitting a false report of sexual misconduct is prohibited. Anyone submitting a false report is subject to disciplinary action.

For More Information: FOR MORE INFORMATION regarding sexual misconduct and Title IX, visit the website or contact the BSC Title IX Coordinator – Rita Lindgren, Chief Human Resources Officer, Rita.Lindgren@bismarckstate.edu, 701/224-5427.

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Campus Crime Statistics Preparation and Disclosure of Crime Statistics Bismarck State College is responsible for preparing and disclosing crime statistics in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C. Section 1092.

This federal mandate requires the disclosure of certain crime statistics so current and potential families, students and employees, can be knowledgeable about the safety of college campuses.

The Vice President of Student Affairs and Campus Safety and Security Manager at Bismarck State College are responsible for collecting and reporting the annual crime statistics from the local police agencies, student conduct administrators, and Campus Security Authorities (CSA’s). This information is included in BSC’s Annual Security and Fire Safety Report. By October 1 of each year, notification of the new Annual Security and Fire Safety Report is emailed to current students and employees. A hard copy of the report is available upon request at the BSC Campus Safety and Security Department and the Student Affairs Office. The crime statistics are also submitted to the U.S. Department of Education on an annual basis.

Definitions of Criminal Offenses The following definitions are those used in the National Incident-Based Uniform Crime Reporting System of the U.S. Department of Justice, Federal Bureau of Investigation.

Aggravated Assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessarily that injury result from an aggravated assault when a gun, knife, or other weapon is used which could or probably would result in a serious potential injury if the crime were successfully completed.

Arson is any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another, etc.

Burglary is the unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with the attempt to commit larceny or a felony; breaking and entering with an intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

Dating Violence is violence by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Whether there was such relationship will be gaged by its length, type, and frequency of interaction.

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

Drug Abuse Violations are defined as the violation of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include; opium, or cocaine, and other derivatives (morphine, heroin, and codeine); marijuana; synthetic narcotics (demerol, methadone’s); and dangerous non-narcotic drugs (barbiturates, benzedrine).

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Hate Crimes are committed against a person or property which is motivated, in whole or part, by the offender’s bias.

Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin.

Liquor Law Violations are defined as the violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness. Included in this classification is the manufacture, sale, transporting, furnishing, possessing, and etc., maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and attempts to commit any of the above.

Motor Vehicle Theft is the theft or attempted theft of a motor vehicle.

Murder and Non-Negligent Manslaughter is the willful (non-negligent) killing of one human being by another.

Negligent Manslaughter is the killing of another person through gross negligence.

Robbery is the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Sex Offenses–Forcible is defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent . These offenses include forcible rape, sodomy, and sexual assault with an object or forcible fondling of both males and females.

•

Forcible Rape is the carnal knowledge of a person, forcibly and/or against the person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

•

Forcible Sodomy is oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

•

Sexual Assault With An Object is the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity An object or instrument is anything used by the offender other than the offender’s genitalia. Examples are a finger, bottle, handgun, stick, etc.

•

Forcible Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Sex Offenses–Non-Forcible is defined as unlawful, non-forcible sexual intercourse. These offenses include the non-forcible incest or statutory rape of both males and females.

•

Incest is non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

•

Statutory Rape is non-forcible sexual intercourse with a person who is under the statutory age of consent.

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•

is a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or to suffer substantial emotional distress.

Weapon Violations are defined as the violation of laws or ordinances prohibiting the manufacture, sale, purchasing, transportation, possession, concealment, or use of firearms, or deadly weapons; cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. Included in this classification: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the above.

Definitions of Geography As specified in the Clery Act, the following property descriptions are used to identify the location of crimes on and around BSC’s campus.

On-Campus Buildings or Property • Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of or in a manner related to the institution’s educational purposes, including residence halls.

• Any building or property that is within or reasonably contiguous to the area identified in the above paragraph, that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or retail vendor).

Non-Campus Buildings or Property • Any building or property owned or controlled by a student organization that is officially recognized by the institution.

• Any building or property owned or controlled by an institution that is used in direct support of or in relation to the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

Public Buildings or Property •

All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus.

The Bismarck State College crime statistics do not include crimes that occur in privately owned homes or businesses within or adjacent to the campus boundaries.

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Annual Crime Statistic Data On-Campus

2017 2016

On-Campus Residence*

2015

2017

2016 2015

Non-Campus

Public

2017 2016 2015 2017 2016 2015

Aggravated Assault

0

0

1

0

0

0

0

0

0

0

0

0

Arson

0

0

0

0

0

0

0

0

0

0

0

0

Negligent Manslaughter

0

0

0

0

0

0

0

0

0

0

0

0

Burglary: Total

1

0

0

0

0

0

0

0

0

0

0

0

Forcible Burglary

1

0

0

0

0

0

0

0

0

0

0

0

Non-Forcible Burglary

0

1

0

0

0

0

0

0

0

0

0

0

Attempted Burglary

0

0

0

0

0

0

0

0

0

0

0

0

Motor Vehicle Theft

0

0

0

0

0

0

0

0

0

0

0

0

Murder/Non-Negligent Manslaughter Robbery

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Sexual Offenses: Total

0

0

0

0

0

0

0

0

0

0

0

0

Rape

0

0

0

0

0

0

0

0

0

0

0

0

Fondling

0

0

0

0

0

0

0

0

0

0

0

0

Incest

0

0

0

0

0

0

0

0

0

0

0

0

Statutory Rape

0

0

0

0

0

0

0

0

0

0

0

0

Stalking

1

1

0

0

0

0

0

0

0

0

0

0

Domestic Violence

0

0

0

0

0

0

0

0

0

0

0

0

Dating Violence

0

0

0

0

0

0

0

0

0

0

0

0

Liquor Law Violations

0

1

5

0

1

0

0

0

0

0

0

0

Drug Violations

0

0

5

0

0

0

0

0

0

0

0

0

Weapon Violations

0

1

0

0

0

0

0

0

0

0

0

0

NON-ARREST CAMPUS REFERRALS Liquor Violations

85

64

79

85

64

76

0

0

0

0

0

0

Drug Violations

0

0

0

0

0

0

0

0

0

0

0

0

Weapon Violations

0

1

0

1

1

0

0

0

0

0

0

0

ARRESTS

There were no hate crimes reported in 2015, 2016, or 2017. * On-Campus Residence crimes are included in the On-Campus numbers.

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Crime Prevention and Security Awareness Educational and Risk Reduction Programming Bismarck State College is responsible for promoting campus security awareness and crime prevention in compliance with the Clery Act. Security awareness, crime prevention, and safety programs encourage students and employees to be aware of their responsibilities for their own security and the security of others.

The Bismarck State College Police Department, and in collaboration with other internal and external entities, provide awareness and programming through the dissemination of materials, presentations, and trainings on an ongoing basis.

The following is a listing of the crime prevention programs and projects employed by Bismarck State College for the year of 2017.

On-Campus Programming Program

Topic

Delivery

Audience

Stalking: Know It. Name It. Stop It “Mental Health First Aid Training Spring Break-Alcohol Awareness “There’s No One I Can Trust”

Stalking Awareness

Display board in JSC Hallway for month of January Speaker/Trainer

Students

Display Board in JSC Hallway for month of March Webinar

Students

Drills

All Campus

Session for students/parents including Safety & Security on campus CL Lindsey/Basin Auditorium

Student/Parents

SU activities planned during the week non-alcohol related SU many activities set up at tables for preventative health

Students

SU many activities planned during the academic year Mystic Mobile and posters

Students

Speaker-John Nagel, CEO and Founder of Cybernet Securities SU activity - Simple as serving Tea (tea/food and showing consent video) Drama-Play

All Campus

Mental Health Alcohol/Drinking Awareness

Fire Testing

LGBTQ - Rethinking Mandatory Reporting Practices Yearly Fire Testing-safety

Orientation

Mystic Monday

CL Lindsey “Sex and the Law” Oktoberfest

Cyber Bullying

Students understanding the pitfall of being careless online Many activities planned for the week Preventative Health Care (Including sexual activity, alcohol awareness, driving under the influence; etc.)

Student assisting students (bystander training) Preventative Programming on Consent Cyber Bullying

Tea Party

Consent

“How I Learned to Drive” Clothesline Project

Sexual Assault

Health Fair

Mystics for Mystics Poster campaign

A Culture of Consent Patrol and Escort Program

Sexual Assault/Bystander/ Speaking Out Consent/Sexual Misconduct/ Intervention/Reporting Escort Student/Staff

Staff/Faculty

Students, Staff & Faculty

All Campus

All Campus

Students

Students

Brochure created by MACC

All Campus/Open to public All Campus/Open to public All Campus

Safely Escort across campus

Students/Employees

Display in Gallery of Schafer Hall

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Safety & Security Web site Active Shooter Training

Safety for All Campus

http://www.bismarckstate.edu/security/

All Campus

Actions taken if active shooter encounter

In person training offered to departments on campus

All Campus Employees

CSA Training

Campus Security Authority Training (CSA)

CSA’s

Campus Safety Checks

Inspect campus on annual basis for safety concerns

Online training provided to CSA’s regarding responsibilities under the Clery Act Walk campus and document Safety concerns

Housing Residence Assistant/Residence Coordinator Training

Training on responsibilities of a CSA,Title IX, Crime Prevention, Safety, Security, and Emergency Preparedness Title IX and Violence Against Women Reauthorization Act is an education program combines sexual assault and substance abuse prevention Guide Book from Mystic Advising and Counseling Center (Counseling, Career, Advising, Substance Abuse, Multicultural, and Community) Set up on cell phones as a panic button to alert all participating federal, state, and local law enforcement officers.

Crisis line used after hours

Think About It

The MACC Resource Guide

Campus Guard 911

First Link After Hours

Training with Security Officer, Manager and Student & Residence Life

Campus Safety & Security/BSC Student Government Association (SGA) Housing-Residence Assistant and Residence Coordinator

Comprehensive online training (sex in college, partying smart, sexual violence, and healthy relationships

All first year students

Print and online

All Campus

Application installed for immediate alert of an emergency for on campus an off campus sites

Full time Campus Employees

Phones

Student hotline after Campus hours

How to Be an Active Bystander Bystanders play a critical role in the prevention of sexual and relationship violence. They are individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it. We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. We may not always know what to do even if we want to help. Below is a list of some ways to be an active bystander. If you or someone else is in immediate danger, dial 911. This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt.

• • • • •

Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are OK. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.

Speak up when someone discusses plans to take advantage of another person.

Believe someone who discloses sexual assault, abusive behavior, or experience with stalking.

Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

(Bystander intervention strategies adapted from Stanford University)

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Risk Reduction With no intent to victim blame and recognizing that only abusers are responsible for their abuse, the following are some strategies to reduce one’s risk of sexual assault or harassment (take from Rape, Abuse, & Incest National Network, www.rainn.org) • • • • • • • • • • • • • • •

Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.

Try to avoid isolated areas. It is more difficult to get help if no one is around.

Walk with purpose. Even if you don’t know where you are going, act like you do.

Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.

Try not to load yourself down with packages or bags as this makes you appear more vulnerable.

Make sure your cell phone is with you and charged and that you have cab money.

Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know.

Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.

When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.

Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by 911 in most areas of the U.S.).

Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.

Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.

Watch out for your friends, and vice versa. If a friend seems out of it, is way to intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.

If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possible other).

If you need to get out of an uncomfortable or scary situation here are some things that you can try: o o o o o o

Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who if making you uncomfortable that is to blame.

Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with.

Have a code word with you friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.

Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.

Try to think of an escape route. How would you try to get out of the room? Where are the doors?

Windows? Are there people around who might be able to help you? Is there and emergency phone nearby?

If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgement before doing anything you may regret later.

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Fire Safety Report The Higher Education Opportunity Act (Public Law 110-315) became law in August 2008. Beginning October 1, 2010, an institution that maintains any on-campus student housing facility must prepare an annual fire safety report that contains information about campus fire safety practices and standards of the institution.

Fire Safety Improvements and Upgrades The Bismarck State Colleges departments of Building and Grounds and Safety and Security annually reviews the fire systems in all residence halls and will make upgrades, repairs or revisions when problems are identified.

Residence Hall Fire Drills Fire drills are held once a semester for each residence hall. Fire drills are mandatory supervised evacuations of a building for a fire. The fire drill is scheduled with the Director of Student and Residence Life, the local fire department, the BSC Safety and Security Department, and the individual residence hall staff. Evacuation route maps are posted in each resident room showing where the closest egress route is and the assembly area outside.

Failure to leave during a fire alarm will result in a fine or disciplinary action.

Fire Safety Policies in Student Housing Facilities The Residence Hall contract prohibits usage of electrical cooking or heating appliances, such as electric fry pans, microwave ovens, hot plates, toasters, space heaters, and electric cords outside of building. Also prohibited are open fires, candles, candle warmers, or incense. Refrigerators may not exceed 4.5 cu. feet in capacity. The Residence Hall policy on evacuation from residence halls can be found in the Residence Hall Handbook, and is discussed with all residents when they move into the residence hall. Student and Residence Life Staff have mandatory fire drill training, fire systems training, and fire safety equipment training.

Fire Safety Inspections During the academic semester Student & Residence Life staff personnel conduct fire inspections. Students are notified of all upcoming inspections and are urged to participate. During the inspection if a violation is found, the student(s) will receive a letter indicating what the violation was, and will be expected to meet immediate compliance. A scheduled meeting with the student in violation is scheduled to insure compliance.

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Fire Safety Education The Residence Life staff has fire safety training as a part of their annual fall training session. The program is run by the Bismarck Fire Department and it is designed to teach and/or refresh student and full-time staff about fire safety and serve as the most effective leaders possible during emergencies. Included in this training is: a training video regarding different types of fires and fire extinguishers, fire extinguisher techniques, live fire extinguishing scenario with the local fire department, group scenario discussions, and what to do while waiting for fire and other emergency personnel. BSC Residence Life staff organizes this training and can be contacted at BSC.housing@bismarckstate.edu.

Smoking Policy Bismarck State College prohibits smoking on campus and in any of the residence halls.

Reporting a Fire If a fire occurs in a BSC Residence Hall facilities, individuals should immediately call 911. If an individual finds evidence of a fire that has been extinguished they should contact Safety and Security at the 701-224-2700 to investigate and document the incident.

Fire Safety Definitions Cause of fire – The factor or factors that give rise to a fire. The causal factor may be, but is not limited to, the result of an intentional or unintentional action, mechanical failure or act of nature.

Fire – Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.

Fire drill – A supervised practice of a mandatory evacuation of a building for a fire.

Fire-related injury – Any instance in which a person is injured as a result of a fire, including an injury sustained from a natural or accidental cause while involved in fire control, attempting rescue, or escaping from the dangers of the fire. The term person may include students, faculty, staff, visitors, firefighters, or any other individuals.

Fire-related death – Any instance in which a person is killed as a result of a fire, including death resulting from a natural or accidental cause while involved in fire control, attempting rescue, or escaping from the dangers of a fire, or deaths that occur within 1 year of injuries sustained as a result of the fire.

Fire safety system – Any mechanism or system related to the detection of a fire, the warning resulting from a fire, or the control of a fire including: sprinkler or other fire extinguishing systems, fire detection devices, standalone smoke alarms, devices that alert one to the presence of a fire, such as horns, bells, or strobe lights, smoke-control and reduction mechanisms, and fire doors and walls that reduce the spread of a fire.

Value of property damage – The estimated value of the loss of the structure and contents, in terms of the smoke, water, and overhaul, however it does not include indirect loss, such as business interruption.

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Fire Safety Systems in Resident Facilities (On Campus Housing) Building-Halls

Lidstrom

Mystic

Swensen

Werner

Ritchie

Year Built Sprinkler System Fire Alarm Smoke Detection Fire Extinguisher

2007 Full Yes Yes Yes

1978 N/A Yes Yes Yes

1971 N/A Yes Yes Yes

1964 N/A Yes Yes Yes

2015 Full Yes Yes Yes

Fire Evacuation Map Number of Annual Fire Precations or Fire Drills

Yes 1

Yes 2

Yes 2

Yes 2

Yes 2

Gate City Bank Hall 2017 Full Yes Yes Yes Yes 2

Fire Log The Bismarck State College Fire Log is maintained at the Student and Residence Life Office and is open for public inspection during normal business hours. Bismarck State College maintains a fire log that records any fire that occurred in an on-campus student housing facility and includes information such as the location, cause, date, time, injuries, deaths and property damage of each fire.

Procedures for Student Housing Fire Evacuation In case of a fire drill or real fire the procedures for evacuation in student housing are the following: 1. Stay calm.

2. Try to dress for weather (time permitting).

3. Open blinds, close window, leave light on.

4. Lock your door. Take your keys.

5. When exiting, check for heat.

6. Exit the building using the nearest stairway and exit. In Lidstrom Hall, DO NOT USE THE ELEVATOR. 7. Remain outside across the street from the building or at least 150 feet away from the exit until given clearance to return.

8. Do not attempt to re-enter building until fire department allows re-entry.

Please find the following gathering points when exiting your building during a fire alarm: Gathering Points and Cold Weather Spots Gate City Bank Hall - Across the parking lot from Gate City Bank Hall.

Lidstrom Hall - On the grass across the Lidstrom Hall parking lot.

Mystic Hall - On the sidewalk located in front of the Law Enforcement Center.

Ritchie Hall – Across the parking lot from Richie Hall.

Swensen Hall - On the sidewalk across the street (Schafer St.) from Swensen Hall.

Werner Hall - Near the benches on main campus across from Schafer Hall.

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Alternative Buildings for Shelter Lidstrom Hall – Student Union Mystic Hall – Student Union Swensen Hall – Student Union

Werner Hall – Armory Ritchie Hall – Student Union Gate City Bank Hall – Student Union

Residence hall staff may check rooms during fire alarms to ensure the safety of all residents. Failure to leave during a fire alarm will result in a fine or disciplinary action.

Alarm pull stations are located throughout the hallways and should be pulled when fires involve a large area or produce a large amount of smoke. Common sense will play a large role in the above information, and you should remember not to put yourself in a potentially dangerous situation.

Fire Statistics for Residential Facilities at Bismarck State College 2017 Location

Total Fires 0 0 0 0 0 0

Date

Time

N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A

Total Fires 0 0 0 0

Date

Time

N/A N/A N/A N/A

Ritchie Hall

0

Gate City Bank Hall

Lidstrom Hall Mystic Hall Swensen Hall Werner Hall Ritchie Hall Gate City Bank Hall

2016 Location Lidstrom Hall Mystic Hall Swensen Hall Werner Hall

2015 Location Lidstrom Hall Mystic Hall Swensen Hall Werner Hall

Cause of Fire N/A N/A N/A N/A N/A N/A

Injuries

Death

Property Value N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A

0 0 0 0 0 0

Injuries

Death

N/A N/A N/A N/A

Cause of Fire N/A N/A N/A N/A

N/A N/A N/A N/A

0 0 0 0

Property Value N/A N/A N/A N/A

N/A

N/A

N/A

N/A

0

N/A

0

N/A

N/A

N/A

N/A

0

N/A

Total Fires 0 0 0 0

Date

Time

Injuries

Death

N/A N/A N/A N/A

N/A N/A N/A N/A

Cause of Fire N/A N/A N/A N/A

N/A N/A N/A N/A

0 0 0 0

Property Value N/A N/A N/A N/A

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