2020-2021 MISSOURI VALLEY COLLEGE
VIKINGS STUDENT-ATHLETE HANDBOOK DEPARTMENT OF INTERCOLLEGIATE ATHLETICS
2020-2021 MISSOURI VALLEY COLLEGE ATHLETIC DEPARTMENT DIRECTORY
NAME SPORT/OFFICE PHONE # Tom Fifer Executive Vice President of Operations/ Athletic Director ………………..… 4219 Mike Machholz Senior Associate Athletic Director ………………………………………... 4158 Colin Smith Associate Athletic Director/ Director of Game Day Operations ….….……...…4020 Debi Bultmann Assistant AD Administrative Assistant/ Spirit Squad Coord. …………………4220 Andy Pulverenti Assistant AD Sports Information Director …………...……………………… 4230 Shelby Scott Assistant Sports Information Director………………………………………… 4229 Ken Kujawa Viking Sports Network Director …………………………………………..…4152 John Bartholomew A.T. Program Director …………………………………………………....… 4161 Vince Fedorowich Head Athletic Trainer ……………….…………………………………….…4195 Jenalee Cologna Assistant Athletic Trainer………………….…………………………………....4195 Kimberly Pechanec Assistant Athletic Trainer ………………………………………………..…..4695 Richelle Perkins Assistant Athletic Trainer ……………………………………………………....4695 Kiyomasa Komatsu Assistant Athletic Trainer ………………………………………………..…. 4656 Joshua Laird Assistant Athletic Trainer ……...…………………………………………….4195 Danielle Riley Graduate Assistant Athletic Trainer…………………………………………….4195 Stan Laboube Head Bowling …………………………………………………………………. Berkay Okandar Head Esport Coach………………………..……………………………………. Paul Troth Head Football …………………………………..………………………….. 4118 Monty Roe Assistant Football ………………………………………..……………,,…. 4155 Johnny Stilwel Assistant Football ………………………………………………..……...….4161 Shawn Daniel Assistant Football …….…………………………………………………....4191 Adam Peterson Assistant Football ……………………………………………….……....…4197 Greg Purdum Assistant Football ………………………………………………………….. Vladimir Simic Head Men’s Soccer …………………………………….……………………4251 Alex Cordon Graduate Assistant Men’s Soccer ....………………………...…….…..………4217 Charley Dukes Graduate Assistant Men’s Soccer ………………………………………….…..4217 Drew Hawkins Head Women’s Soccer ……………………………………………………... 4218 Ana Bejarano Assistant Women’s Soccer ………………………………. ……...…………….4218 Julia Amador Mejias Graduate Assistant Women’s Soccer ………………………………………….4218 Victoria Vinokur Head Cross Country & Track ……………...…….....………………………… 4095 Antwain Morgan Assistant Cross Country/Track ……………………………………...... 4092 Martin Mena Graduate Assistant Cross Country/Track.……..………………………………. 4092 Tamika Drake Head Women’s Volleyball ………………………………………...……….. 4194 Shelby Scott Assistant Women’s Volleyball/Assistant SID………………….. …………...... 4229 Nia Bell Graduate Assistant Women’s Volleyball ………………………………………4194 Omar Sanchez Head Men’s Volleyball ……………………………………………. ……….. 4258 Tsvetan Todorov Graduate Assistant Men’s Volleyball ….……………………………………. 4258 Nicholas Lutz Head Cheerleading …….. ………………………………………………….…. 4119 Jessie Ayala Head Cheerleading…………………………………………………….………...4262 Kelby Hogan Head Dance Coach ………………………………………………………..……4594 Chad Lance Head Men’s Basketball/Facilities Coordinator …………………………..….4189 Ramone Powell Assistant Men’s Basketball ………………………………………………....4192 Bobby Collins III Graduate Assistant Men’s Basketball………………………………………….. 4192 Jhacoby Cochran Graduate Assistant Men’s Basketball …………………………………………..4192 Mike Machholz Head Men’s Wrestling ……………………………………………………..… 4158 Patrick Giangrosso Assistant Men’s Wrestling…………………………………………………..….4163 Richard Pocock Graduate Assistant Men’s Wrestling………………………………………..…. 4163 Andre Scott Head Women’s Basketball ……………………………………………….… 4104 Chardonnay Parker Graduate Assistant Women’s Basketball …………………………………..….4104 Payton Funk Graduate Assistant Women’s Basketball …………………………………….....4104 Ryan Carney Head Men & Women’s Tennis ……………………………………………....… 4090 Joseph Straznicky Graduate Assistant Tennis …………………………………………………..….4090 Nathan Young Head Men’s Lacrosse………….……………………………………………...... 4636 Tyler Wollenburg Graduate Assistant Men’s Lacrosse .….……………………………...... ……....4072 JD Lemay Head Women’s Lacrosse ……………...….…………………..……………….. 4072 Shaye Jenrich Assistant Women’s Lacrosse ………………………………………………….. 4072 Adam Enright Head Baseball …………………………………………………………….… 4113 Tyler “TJ” Marik Assistant Baseball …………………………………………………...…….. 4598 JP Rodriguez Graduate Assistant Baseball………………………………………………….... 4598 Ryan Carney Head Tennis ……………………………………………………………..…. 4090 Joseph Stranznicky Graduate Assistant Tennis……………………………………………………....4090 Doug Wilkinson Head Golf …………………………………………………………….…… 4235 Kelsea Miller Graduate Assistant Golf ...………………………………………….....………4235 Ken Mason Head Rodeo ……………………………………………….……..…… 831-5286 Keri Mason Rodeo Assistant Coach …………………………………………....…... 831-5286 Jason Marcum Head Softball ………………………………………………………..……... 4111 Reese Weber Graduate Assistant Softball………………..……………………...... …4267 Carl Murphree Head Women’s Wrestling ………………………….….…………………..... 4090 Samantha Higa Graduate Assistant Women’s Wrestling ………………,.………………....……4090 Delmer Croka Shooting Sports Coach..………………..…………………………………….....4011 John Mceachern Assistant Coach Shooting Sports…………………………………………….....4281
MISSOURI VALLEY COLLEGE ATHLETIC DEPARTMENT MISSION STATEMENT
The Missouri Valley Athletic Department is committed to an Intercollegiate Athletic Program that supports the college as a whole by providing opportunities for its student-athletes in accordance with the rules and regulations of the National Association of Intercollegiate Athletics. As a member of the Heart of America Conference, Missouri Valley College is committed to the fulfillment of academics and athletic excellence while practicing sound fiscal management practices. Missouri Valley College is proud to be a charter member of the NAIA Champions of Characters program, with its five core values of Respect, Responsibility, Integrity, Servant Leadership, and Sportsmanship.
NAIA and Conference Affiliation* MVC competes in the National Association of Intercollegiate Athletics (NAIA), and is a member of the Heart of America Athletic Conference (HAAC). There are 14 members of the HAAC:
School: Mascot: Location: Baker University Wildcats Baldwin City, Kansas Benedictine College Ravens Atchison, Kansas Central Methodist University Eagles Fayette, Missouri Clarke University Crusaders Dubuque, Iowa Culver-Stockton College Wildcats Canton, Missouri Evangel University Crusaders Springfield, Missouri Graceland University Yellowjackets Lamoni, Iowa Grand View University Vikings Des Moines, Iowa MidAmerica Nazarene University Pioneers Olathe, Kansas Missouri Valley College Vikings Marshall, Missouri Mount Mercy University Mustangs Cedar Rapids, Iowa Peru State College Bobcats Peru, Nebraska William Penn University Statesmen Oskaloosa, Iowa Park University Pirates Parkville, Mo.
MVC sports for which the Heart currently recognizes conference champions are baseball, men's and women's basketball, men's and women's cross country, football, men’s and women’s golf, men’s and women’s indoor and outdoor track, men’s and women’s soccer, women’s softball, competitive cheer, competitive dance, men’s and women’s tennis and women’s volleyball, men’s wrestling and women’s wrestling. MVC also sponsors varsity sports in Esports, men’s volleyball, men’s and women’s lacrosse, men’s and women’s rodeo.
Basic NAIA Eligibility Rules
1. Entering freshmen must meet two of the three following criteria: a.) Achieve a minimum of 18 on the Enhanced ACT or an 860 on the SAT. b.) Have had a minimum of a 2.0 high school grade point average. c.) Have graduated in the top half of his/her high school graduating class. d.) Register and be cleared to participate through the NAIA Eligibility Center.
2. Each athlete must register for at least 12 hours for the Fall and Spring semesters.
3. IMPORTANT: Dropping below 12 hours will render you ineligible. You must obtain your coach's approval to drop a course.
4. All student-athletes must have passed 24 hours in the previous two semesters in order to be eligible. Up to 12 hours earned during the summer may be applied to the 24-hour rule.
5. Upon reaching your junior academic standing, you must have at least a 2.0 GPA.
6. To play a third season, you must have earned 48 hours; to play a fourth season, 72 hours.
7. Repeat Courses: There are special rules, depending on the grade earned in the previous course as to whether or not it can be counted towards the 24-hour rule. Check with your coach and Registrar for clarification.
Student Athlete Code of Conduct
Each student-athlete associated with the intercollegiate athletics program is expected to represent MVC in an honorable and respectful manner at all times. Student-athletes are highly visible College representatives to the student body and the community.
MVC student-athletes are expected to adhere to the Student-Athlete Pledge as set forth by the NAIA "Champions of Character" program emphasizing these five core values: Respect, Responsibility, Integrity, Servant Leadership and Sportsmanship. The Pledge is located at the back of this Handbook and you are expected to sign and return the Pledge to the athletic department.
While participating in the athletic department, student-athletes are expected to accept the following responsibilities:
At Missouri Valley College, we respect the right of every individual to peacefully express their views. We are a multicultural campus and we fully embrace our diversity. We are proud of our ability to expand our thinking as a community of learners by respectfully listening to and recognizing the opinions of others and trying to see issues from viewpoints other than our own. An important part of becoming a member of our campus is to respect and honor the valued tradition here at Missouri Valley College.
Athletics: • Provide all correct information and/or documents pertaining to age, experience and past collegiate/professional participation and attendance. • Maintain academic eligibility as defined by MVC and the NAIA. • Adhere to the institutional and Athletic Drug and Alcohol policies as defined by MVC and the NAIA • Represent your athletic program in a positive manner at all times on and off of campus.
Infractions Possible offenses include, but are not limited to, the following: ∙ falsifying documents. ∙ using false identification during competition ∙ non disclosure of past playing experience in collegiate, club or professional leagues. ∙ possessing, distribution or use of illegal substances. ∙ submitting false medical documentation required by the college. ∙ altering or falsifying academic records in any way. ∙ Failed drug testing
Penalties A student guilty of an infraction will be subject to a penalty appropriate to the nature and seriousness of the offense. The following penalties may be applied: ∙ suspension from athletic team. ∙ loss of eligibility ∙ dismissal from the athletic team and/or MVC
Academics: • Attend classes regularly and complete all academic assignments. • Maintain academic eligibility as defined by the NAIA. • Be honest and truthful in all academic work, contacts with faculty/staff and interactions with fellow students. Academic integrity is expected and required of all students. Students and faculty are responsible and accountable for personally upholding that integrity. Cheating will not be tolerated, and students found guilty of cheating in any way will be disciplined according to the following policy.
Cheating Offenses Cheating offenses include, but are not limited to, the following: ∙ Copying from another student in a test or examination situation. ∙ Using unauthorized material or aids in the preparation of an assignment or project. ∙ Possessing unauthorized material or aids in a test or examination situation. ∙ Allowing another person to take a test or examination in one's place. ∙ Altering or falsifying academic records in any way. ∙ Submitting false medical, academic or other documentation required by the college. ∙ Improperly obtaining through theft, bribery, collusion, or otherwise any test or examination paper prior to the date and time for writing such test or examination. ∙ Aiding or abetting anyone in a cheating offense. ∙ Plagiarizing materials or works, in whole or in part, prepared by another person without citing appropriate reference credit.* ∙ Copying and submitting, in whole or in part, the work of another in an assignment, report, project, etc. as one's own.* ∙ Claiming to have completed assigned tasks that were, in fact, completed by another person.* ∙ Failing to accurately document information, wording, or visual images obtained on the World Wide Web.* ∙ Violating federal copyright laws including unauthorized duplication of copyrighted materials. *Students are required to take the Plagiarism Tutorial at the Moodle site.
Procedure 1. When a student is suspected of cheating, the instructor or other individual who suspects the student of cheating will, at the earliest opportunity, investigate the situation, discuss the matter with the student and come to a decision regarding the student's guilt or innocence. 2. In the event a decision is made that the student is guilty of cheating, before determining an appropriate penalty, the course instructor will ascertain from the Chief Academic Officer’ assistant whether the student has been found guilty of any previous cheating offense while enrolled at Missouri Valley College. 3. In the event that the instructor determines this to be a first offense for the student, the instructor will apply an appropriate penalty. The instructor should give due consideration to the seriousness of the offense as well as the impact of the penalty imposed on the student's education. The penalty should also be consistent with the range of penalties outlined in this policy.
4. In the case of a student’s first offense, the instructor imposing the penalty will complete the College’s Academic Dishonesty Documentation Form, providing copies to the student and the Chief Academic Officer. If the offense is plagiarism, the student must complete the plagiarism tutorial within one week of the date they are given the Academic Dishonesty Documentation Form. Where the instructor has determined that this is not the student’s first offense and has concluded the student is guilty of a further offense, the instructor will complete the College's Academic Dishonesty Documentation Form. All copies of the form should then be forwarded to the student’s program division chair. 5. In the case of a second offense by the student, the student’s program division chair will determine the appropriate penalty for this offense and will ensure that the penalty is more severe than the penalty imposed for the previous offense. The program division chair will complete the penalty section of the College’s Academic Dishonesty Documentation Form, providing copies to the student, instructor, the Chief Academic Officer, and retain a copy for the division records. The student will be advised on the Academic Dishonesty Form that if found guilty of a third offense of academic dishonesty at Missouri Valley College, an automatic penalty of expulsion from Missouri Valley College will result.
Penalties A student guilty of cheating will be subject to a penalty appropriate to the nature and seriousness of the offense. A record of all such cases will be kept in the Chief Academic Officer’s Office. Second offenses for the same individual will be subject to a more serious penalty than the one previously imposed.
The following penalties may be applied: 1. Reprimand. 2. Requirement that the student repeats and re-submits the same or alternate assignment. In such cases, the grade or mark awarded will be reduced or limited at the discretion of the faculty member. 3. Completion of the Plagiarism Tutorial found at the student’s Moodle site. (Must be completed if this is the student’s first plagiarism offense) 4. A mark of "0" will be given for the assignment with no opportunity to resubmit. This may result in failure of the course. 5. A failing (F) grade will be awarded in the course. 6. Automatic failing (F) grades in all courses in which the student is registered, and no fees will be refunded for that semester. This penalty will only be imposed by the student's program division chair or the Chief Academic Officer. 7. Expulsion from Missouri Valley College, permanently recorded on the student's record. This penalty will result in automatic failing (F) grades in all courses in which the student is registered, and no fees will be refunded for that semester.
Student Appeals A student may appeal a decision that he/she is guilty of cheating or the appropriateness of the applied penalty by submitting an appeal to the Chief Academic Officer. Any such appeal must be made within 15 days of the student’s learning of the penalty. Any decision following the appeal will be final. During an appeal of suspension or expulsion, if there is no issue of safety to others, the student will be allowed to continue in the course or program until any appeal has been heard and resolved.
This policy was based on the Cheating Policy at Fanshawe College (Policy Number 2-G-4) http://www.fanshawec.ca/admissions/registrars-office/policies/cheating-policy
Athletic Competition:
1. All student athletes must have an athletic based personal insurance policy* and current physical on file with the athletic training office to participate in preseason, in season or postseason workouts. * (it is required that each athlete has a 9 month policy covering the full academic year)
2. You are expected to conduct yourself in competition in a respectful and sportsmanlike manner. Unacceptable behavior includes, but is not limited to: a. Taunting opponents, coaches or fans. b. Abusing officials, either physically or verbally. c. Using profanity in practices or games. d. Fighting with an opponent, before, during or after a competition. e. Throwing objects in an attempt to cause harm or express anger. f. Making derogatory statements to the media directed at fellow athletes, coaches or MVC. g. Failure to follow COVID -19 guidelines.
General Conduct:
1. Abide by the rules and regulations of Missouri Valley College.
2. Refrain from consuming alcoholic beverages or illegal drugs. Student-athletes are randomly tested for these substances (see policy that follows this section.)
3. Refrain from participating in any gambling activity that involves intercollegiate or professional athletics.
Specific Team Rules:
Coaches may have team rules that may be more stringent than the athletic department's rules and may cover areas not cited above or in the MVC Student Handbook.
Student-Athlete Grievance Procedure:
The following procedures have been established to help guide a student-athlete through a potential grievance (with a staff member of the Athletic Department) and hopefully settle the matter in a professional manner:
1. The student-athlete should meet with the staff member with whom he/she has a grievance.
2. If the grievance is not resolved to the satisfaction of the student-athlete, the student-athlete should write a statement in full detail about the grievance and submit that statement to the Athletic Director. The AD's office will then set up an appointment between the student-athlete and the AD
3. After the first meeting between the student-athlete and the AD, a second meeting may be called to include the person against whom the grievance has been filed.
4. If the grievance is still not resolved to the satisfaction of the student-athlete, the student-athlete may submit his/her statement to the Vice President of Academics. The Vice President will respond to the student-athlete within five (5) working days and may subsequently call for a meeting between any or all of the aforementioned parties.
5. If the grievance is still not resolved to the satisfaction of the student-athlete, he/she may submit a written appeal to the President.
Missing Classes Due to Competition:
Student-athletes are expected to inform instructors as to when they will miss classes due to competition. This must be done in advance of a contest. If a contest is rescheduled due to a rainout or if a team is playing in postseason, student-athletes are expected to also communicate this information to instructors.
If final exams need to be taken early or rescheduled, a "Request for Change in Examination Schedule" form will be distributed by the coach to his/her athletes. The student-athlete must take the form to each instructor for signature and then return the form to the Vice President for Academic Affairs, who gives final approval to requests.
Athletic Scholarships:
Any student-athlete who receives an athletic scholarship or an MVC scholarship and fails to fulfill their commitment to the College, either athletically, academically or socially may lose part or all of their athletic scholarship.
Athletic Training Facility Hours
Fall Semester Monday - Friday 8am to 12pm Treatment/Evaluation Hours 12pm to 1pm Closed for Lunch 1pm to 3pm Treatment/Evaluation Hours by Permission of a Certified Athletic Trainer Only 3pm to 6pm Practice Coverage Only (No Treatments/Evaluations during this Time) 6pm to 8am Closed (If emergency, call 9-1-1)
Saturday/Sunday Weekends we are only available for practice/game coverage. Any treatments/evaluations need to be set-up with a Certified Athletic Trainer. If there is an emergency, call 9-1-1.
Spring Semester Monday - Friday 10am to 12pm Treatment/Evaluation Hours 12pm to 1pm Closed for Lunch 1pm to 3pm Treatment/Evaluation Hours by Permission of a Certified Athletic Trainer Only 3pm to 5pm Practice Coverage Only (No Treatments/Evaluations during this Time) 5pm to 10am Closed (If emergency, call 9-1-1)
Saturday/Sunday Weekends we are only available for practice/game coverage. Any treatments/evaluations need to be set-up with a Certified Athletic Trainer. If there is an emergency, call 9-1-1.
Finals Week/Holidays Anyone who wishes to schedule any treatments or an evaluation during this time period will need to contact a Certified Athletic Trainer
Athletic Training Room Rules 1. Treatment times are scheduled on an appointment-only basis— walk-ins do not guarantee treatment at busy times. 2. Treatment hours are from 8am to noon in the fall and 10 am to noon in the spring. Any additional treatment times must be scheduled with the certified athletic trainer in charge of your sport. 3. If you need taped, be here at least 30 minutes before regular practice. 4. All student-athletes must sign-in prior to receiving any kind of treatment or evaluation 5. Always treat the athletic trainers and athletic training students with respect. 6. Pick up after yourself. Put it back if you get it out. 7. No removal of equipment or supplies from the athletic training facility unless approved by a staff member.
8. No use of athletic training facility equipment unless supervised by a staff member 9. No cleats 10. Dress properly when entering the training room. Pull up your shorts/pants and wear a shirt. 11. No loitering - do not hang out with your friends who are doing treatment. 12. Horseplay and loud, obnoxious behavior will not be tolerated 13. Shower quickly after practice and before coming into the training room to receive any post-practice needs. 14. NO CELL PHONE/ELECTRONICS USE- Including headphones, tablets, etc.
MISSOURI VALLEY COLLEGE ATHLETIC DEPARTMENT SUBSTANCE ABUSE POLICY
Statement of Philosophy Missouri Valley College is dedicated to promoting and preserving the integrity of athletics for the benefit and welfare of student-athletes. Consistent with that goal, MVC is concerned about assisting student-athletes to cope with the substance abuse problem in our society. Through this policy, MVC desires to communicate a clear message of zero tolerance to student-athletes about substance abuse in a positive, forceful, and straightforward manner. Sports participation at MVC is considered a privilege. Substance abuse is considered an abuse of this privilege and will be addressed with the following policy.
Random Drug Testing Policy I. Drug Testing Consent Form All athletes are required to sign a Drug Testing Consent Form before being allowed to participate in sports at MVC. This form allows the athletic director, athletic trainer, or head coach to request that an athlete test for substance abuse at any time during the school year for the banned drugs that appear on the MVC Banned Drug List in addition to anabolic steroids, HGH, diuretics, urine manipulators, and any drug masking agents.
II. Athlete Notification of a random test selection All athletes are required to have a current method of contact for his/her coaching staff and the athletic training staff at all times. Athletes are subject to random drug testing at all times throughout the academic year. A. Athletes will be notified by phone the evening before the test date by 10:00pm. B. Drug testing begins at 6:00am. Athletes will have a 2 hour time window in which he/she must report for testing. C. If athlete is a no show, administrator will call coach of the athlete at 7:00am D. All testing closes at 8:00am. You must produce a sample in the 2 hour window given. E. Failure to report to the testing sight will result in a failed test.
III. Refusing Drug Testing/Failure to test An athlete who refuses to take a drug test when requested is considered to have a failed drug test and will continue the process that he/she falls under in the substance abuse policy until it is completed. An athlete who fails to attend a scheduled drug test and provides a sampling during the allotted testing window is considered to have a failed drug test and will fall into the appropriate category and continue the process that he/she falls under in the substance abuse policy until it is completed.
IV. Collection of Specimen A. Athletes must have a photo ID for identity verification. B. Athletes can choose a collection kit and fill the collection cup to the line indicated in the presence of a certified athletic trainer. The athletic director and coach may also be present during the collection of the specimen. C. Athletes will be shown that the ID number on the sealed collection cup matches the ID number on the chain of custody form ID. D. Athletes will observe the sealing of the specimen bottle with the placing of a seal over the lid of the cup. E. Athletes will read, complete, and sign the donor affidavit.
V. Results Once an athlete has submitted a specimen, he/she will remain eligible until the results of the drug test are secured by the head athletic trainer. All results are confidential. The only people who will be contacted about the results of the drug test will be the athlete/donor, the head athletic trainer, the head coach of the specific sport, the athletic director and the Campus Life Office.
A. Negative Results If the results of the test come back negative, the cost of the drug test will be paid by MVC. The athlete will be contacted by the head athletic trainer about the results and remain eligible to participate in athletics at MVC. The results of the test will be shared only with the athlete/donor, the head athletic trainer, the head coach of the specific sport, and the athletic director. Even if an athlete tests negative for a drug test, he/she may be tested again during the year as agreed to by signing the MVC Drug Testing Consent Form.
B. Positive Results If the results of the test come back positive, the cost of the test will be paid by the athlete. The athlete will be contacted by the head athletic trainer and immediately suspended from participating in all MVC athletic functions (practices & games) for "Violation of Athletic Department Policy".
All positive test results are accumulative for the duration of the athlete’s tenure at MVC.
If the event date coincides with Christmas break or while there are no games or practices scheduled due to a break in classes, the suspension will commence when the team returns to campus for the continuation of their season or if needed at the beginning of the following season.
1. First Positive Result If the results of the test come back positive, the cost of the test will be paid by the athlete and immediately suspended from participating in all MVC athletic functions. The athlete has 48 hours to contact the MVC counseling center and set an appointment date for substance abuse counseling. Upon verification of the pending appointments by the counseling center, the AD’s office will notify the head athletic trainer, coach and athlete donor that the athlete will be able to resume team practices but will be suspended for one of the two following athletic competition dates to be determined by the coach and filed with the AD’s office.
During this event date suspension period, the athlete will be expected to attend all team practices and functions as determined by the coach and the athlete will be expected to undergo counseling that will be set up through the MVC counseling center at the discretion of the athletic director, coach and head athletic trainer. The Office of Campus Life will be notified of a failed test result but the name will remain confidential and will not be released to any other campus faculty, campus staff, campus administrators, or the media If the athlete is under 18, the parent(s)/guardian(s) will be notified by the athletic director. If the athlete is 18 or older, the parent(s)/guardian(s) will not be notified. The head athletic trainer, the head coach of the specific sport, and the athletic director will attempt to provide the athlete with all the help that he/she feels is necessary. This period should be dedicated to helping the athlete work through his/her substance abuse problem and any other problems that he/she may have academically, personally, etc.
After the event date suspension has been completed, the athlete may or may not be reinstated onto the team at the discretion of the athletic director and head athletic trainer. Reinstatement will be partially based upon whether the athlete has satisfied all counseling requirements or other activities that were deemed necessary by the athletic director and head athletic trainer. Information on reinstatement will be offered at a scheduled meeting between the athlete, athletic director, and the head athletic trainer, and the head coach of the specific sport. The athlete may be retested for substance abuse again at any time during the academic year. Retesting may be a requirement for sports reinstatement.
*The event date suspension period is mandatory for all sports. If this event date coincides with Christmas Break or while there are no games or practices scheduled due to a break in classes, the suspension will commence when the team returns to campus for the continuation of their season.
2. Second Positive Result If the results of the test come back positive, the cost of the test will be paid by the athlete. The athlete will be contacted by the head athletic trainer and immediately suspended from participating in all MVC athletic functions
(practices & games) for 2 weeks for "Violation of Athletic Department Rules".
During this 2 week period, the athlete will be expected to undergo counseling that will be set up at the discretion of the athletic director and head athletic trainer. In addition, the athletic director may inform the parent(s)/guardian(s) of the athlete, the Campus Life Office and the Financial Aid Office of the results of this second positive test.
The athlete may or may not be reinstated onto the team at the discretion of the athletic director, coach and head athletic trainer. Reinstatement will be partially based upon whether the athlete has satisfied all counseling requirements or other activities that were deemed necessary by the athletic director, coaching staff and head athletic trainer. Information on reinstatement will be offered at a scheduled meeting between the athlete, athletic director, and the head athletic trainer, and the head coach of the specific sport. The athlete may be retested for substance abuse again at any time during the academic year. Retesting may be a requirement for sports reinstatement.
*The 2-week suspension period is mandatory for all sports. If this 2-week suspension coincides with Christmas Break or while there are no games or practices scheduled due to a break in classes, the suspension will commence when the team returns to campus for the continuation of their season.
3. Third Positive Result
If an athlete is re-tested and the results come back positive a third time, the cost of the test will be paid by the athlete. The athlete will be prohibited from participating in athletics at MVC for the one calendar year from the date of the third test. In addition, the athletic director will inform the parent(s)/guardian(s) of the athlete, the Campus Life Office and the Financial Aid Office of the results of this third positive test. This could result in the athlete being removed from campus housing and losing all financial aid for schooling. If the athlete remains enrolled at MVC, the head athletic trainer, coaching staff and athletic director will try to help the athlete in any way possible in regards to counseling and finding professional help.
After one calendar year, the athlete may or may not be reinstated onto the team at the discretion of the coach and athletic director. Reinstatement will be partially based upon whether the athlete has satisfied all counseling requirements or other activities that were deemed necessary by the athletic
director, coaching staff and head athletic trainer during the suspension period. Information on reinstatement will be offered at a scheduled meeting between the athlete, athletic director, and the head athletic trainer, and the head coach of the specific sport. The athlete may be retested for substance abuse again at any time during the academic year. Retesting may be a requirement for sports reinstatement. *The 1 year suspension period is mandatory for all sports.
4. Fourth Positive Result
If an athlete is re-tested and the results come back positive a fourth time, the cost of the test will be paid by the athlete. The athlete will be banned from participating in athletics at MVC for the remainder of the athlete's attendance at MVC.
The athletic director will inform the parent(s)/guardian(s) of the athlete, the Campus Life Office and the Financial Aid Office of the results of this positive test and the ban from athletics. This will result in the athlete being removed from campus housing and losing all financial aid for schooling in the next immediate session. The institution will try to help the athlete in any way possible in regards to counseling and finding professional help.
C. Positive Results Dispute Procedures
If the results of the screening comes back positive and the athlete donor disputes the results he/she may request an independent lab process the sampling by the end of the work day (not to exceed 5:00pm) to verify the findings of the initial screening. All costs of the independent testing will be paid by the athlete. The athlete will continue the suspension process as stated in the MVC Substance Abuse Policy for the athlete donors numbered offense.
If the verification process findings come back from the independent lab as a negative test result the athlete donor will be offered immediate reinstatement at a scheduled meeting between the athlete, athletic director, head athletic trainer, and the head coach of the specific sport. Upon verification of a Positive test result the athlete donor will continue the process that he/she falls under in the substance abuse policy until it is completed. One of the testing centres an athlete can go to to produce a secondary lab screening is at:
Missouri Valley Sports Medicine Orthopedics 910 Thompson Blvd. Sedalia, MO 65301 (660) 826-5750
D. Penalties for Cheating on a Drug Test
If an athlete is caught trying to cheat on a drug test (ie. providing fake urine, supplying bottled urine from an outside container, using an aid to adjust the temperature of the specimen, etc.) the penalty will be more severe than the regular penalty for admitting or producing a positive test. The penalty shall range from adding an additional step in the process to dismissal from MVC. (example: if an athlete is caught attempting to alter the results on the First positive test it would automatically be considered a failed test and move the athlete into the Second positive tests required steps for reinstatement and continue from there in subsequent failed tests)
VI. Drug Testing Frequency The MVC Athletic Department will conduct random drug testing throughout the academic year for the banned drugs that appear on the MVC Banned Drug List in addition to anabolic steroids, HGH, diuretics, urine manipulators, and any drug masking agents. All teams/programs within the MVC Athletic Department will participate.
Initial team testing will include up to 10% of the programs athletes listed on the eligibility roster but may be broken into separate test dates. Teams will be subject to random testing a minimum of 2 times per academic semester. Initial team testing may be extended throughout the academic year to include pre-season, in-season and postseason time frames. Individual programs may choose to random test the team as many times throughout the academic year as they deem necessary.
A. Athletes with positive results Athletes testing positive may be retested without notification at any time throughout their career at MVC.
B. Retesting athletes Continued retesting may be a requirement by the coaching staff, athletic administration or counseling center for sports reinstatement of athletes that have previously tested positive.
Coach Requested Drug Testing Policy
Coaches Requesting student/athlete to be Tested for Drugs and Controlled Substances
If a coach is suspicious of a student-athlete using drugs or alcohol and wants to initiate a test, the coach must:
1. Write a memo outlining the basis for suspicion and submit the memo to the AD Office.
2. Meet with the AD Office to determine if further investigation or other intervention is necessary.
a. If approved, AD will notify Athletic Training staff and a testing day will be determined.
3. All Athletic Department Requested Testing will follow the same protocol as the random drug testing.
4. A coach from the program of the student-athlete will be required to be in attendance during testing.
Alcohol & Tobacco Products
The use of alcohol, tobacco, and tobacco products is not permitted by participants, coaches, cheerleaders, athletic trainers, game administrators, or officials in the playing areas of all NAIA sanctioned competition and practices for such competition. The institution's coaching staff, event games committee, administrators, or host site coordinator shall enforce this NAIA policy through the following steps.
A. On the first offense, the individual(s) shall receive an official warning.
B. A second and subsequent offense will cause expulsion from the game, tournament or event.
C. Continued offenses could result in removal from the program for the remainder of the season.
MISSOURI VALLEY COLLEGE BANNED DRUG LIST:
(a) Stimulants: (b) Anabolic Agents: anabolic steroids (c) Substances Banned for Specific Sports: (d Diuretics: (e) Street Drugs: (f) Peptide Hormones and Analogues: (g) Definitions of positive depends on the following: for caffeine—if the concentration in urine 2 exceeds 15 micrograms/ml. for testosterone—if the administration of testosterone or use of any other manipulation has the result of increasing the ratio of the total concentration of testosterone to that of epitestosterone in the urine to greater than 6:1, unless there is evidence that this ratio is due
3 to a physiological or pathological condition. for marijuana and THC—if the concentration in the urine of THC metabolite exceeds 15 nanograms/ml.
For a Full listing of the the NAIA Banned Substance list go to the following link: http://www.naia.org/fls/27900/1NAIA/resources/csa/NAIA_Banned_Substances_List.pdf?DB_OE M_ID=27900
WEIGHT ROOM POLICIES
● All participants must obtain a physical checkup and insurance coverage before working out in the weight room facility. ● Clean each item that has been used by you. ● Use a spray bottle and cleaning rag. ● Dirty rags will be placed in a small can next to cubbies. ● Avoid using multiple stations. ● Do Not share equipment. ● Athletes will enter into the first door from entry way, and will exit from either the garage door or the second door from entry way depending on weather. ● All participants are working out at their own risk. ● All participants must have a valid MVC identification card with them to use the facility unless participating in a scheduled Varsity team lifting session. ● Wear proper training attire, particularly shirts and athletic shoes at all times. (no open ended shoes ie. flip flops) ● Shoes must be tied in the weight room ● NO other College or University gear is to be worn in the weight room. ● NO sleeveless shirts, tank tops are to be worn during any session. ● Music played in the weight room will be clean and edited and controlled by the coach on duty ● Do not bring backpacks or bags in the facility. ● Do not lean wt. plates or bars against equipment or walls AT ANY TIME. ● Do not drop dumbbells or weight plates AT ANY TIME. ● Always return dumbbells and weights to the rack in their proper order after exercising. ● All squatting types of exercises must be performed inside the squat rack with the safety catches in place AT ALL TIMES. ● Use bumper plates only on the platforms for power-oriented exercises ● Move the weights from the rack to the bar only. Re-rack your weights after each time of use. ● NO kettlebells, plates, or dumbbells are to leave the weight room without permission from Director of Strength and Conditioning ● Use spotters for structural exercises ● Use collars and spring locks on the ends of bars at all times. ● Do not wear weight belts if they contact equipment upholstery. ● Keep feet off the walls. ● Show respect for equipment and facilities at all times; spitting in or defacing the facility is not tolerated and will result in immediate expulsion. ● Do not engage in horseplay, use loud or offensive language, or have temper tantrums. ● Do not bring tobacco, food, chewing gum, glass bottles, cans, alcohol, drugs, or banned substances in the facility; plastic water bottles are acceptable. ● No supplements, coffee, or energy drinks are to be brought into the weight room ● Guard personal belongings, as the supervisors are not responsible for them. ● Do not wear jewelry such as loose necklaces, bracelets, hanging earrings, or watches. ● Minimize chalk and powder on the floor. ● General Students (including former varsity athletes) must sign a waiver form and have permission from either the Athletic Director or the Director of Strength and Conditioning to participate. ● Report any facility-related injury, or facility or equipment irregularity to the supervisor on duty. ● Non-Athletic Department personnel are allowed to use the facilities with permission of the athletic director after signing waiver forms. ● Recognized users may include current MVC athletes, MVC students, faculty and staff, and with permission visiting teams. ● Understand all visitors need to report to the Facility Director's Office to sign a waiver form prior to using the facility. ● Understand that on-duty supervisors, MVC coaches and the Athletic Director's Office have authority over all weight room conduct and use of equipment and may expel any participant or athlete from the facility for failure to follow these instructions
Appendix A MISSOURI VALLEY COLLEGE SEXUAL HARASSMENT POLICY
Missouri Valley College (“MVC” or the “College”) is committed to providing a learning, working, and living environment that promotes personal integrity, civility, and mutual respect in an environment free of Sexual Harassment. Consistent with the U.S. Department of Education’s implementing regulations for Title IX of the Education Amendments of 1972 (“Title IX”) (see 34 C.F.R. § 106 et seq.), the College prohibits Sexual Harassment that occurs within its education programs and activities.
As further defined herein, Sexual Harassment includes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. Administrators, faculty member, staff, students, contractors, guests, and other members of the College community who commit Sexual Harassment are subject to the full range of College discipline including verbal reprimand; written reprimand; mandatory training, coaching, or counseling; mandatory monitoring; partial or full probation; partial or full suspension; fines; permanent separation from the institution (i.e., termination or dismissal); physical restriction from College property; cancellation of contracts; and any combination of the same.
The College will provide persons who have experienced Sexual Harassment ongoing remedies as reasonably necessary to restore or preserve access to the College’s education programs and activities.
Scope
This policy applies to Sexual Harassment that occurs within the College’s Education Programs and Activities and that is committed a student, faculty member, staff member, administrator, contractor, guest or other member of the College community. This policy does not apply to Sexual Harassment that occurs off-campus, in a private setting, and outside the scope of the College’s Education Programs and Activities; such Sexual Misconduct may be prohibited by the Student Code of Conduct if committed by a student, the Faculty Handbook if committed by a faculty member, or other College policies and standards if committed by an employee.
Consistent with the U.S. Department of Education’s implementing regulations for Title IX, this policy does not apply to Sexual Harassment that occurs outside the geographic boundaries of the United States, even if the Sexual Harassment occurs in the College’s Education Programs and Activities, such as a study abroad program. Sexual Harassment that occurs outside the geographic boundaries of the United States is governed by the Student Code of Conduct if committed by a student, the Faculty Handbook if committed by a faculty member, or other College policies and standards if committed by an employee.
The policy prohibits Sexual Harassment when the Complainant and Respondent are members of the same or opposite sex, and it applies regardless of national origin, immigrations status, or citizenship status.
Reporting Sexual Harassment
Any person may report Sexual Harassment to the Title IX Coordinator. Reports may be made in person, by regular mail, telephone, electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. In-person reports must be made during normal business hours, but reports can be made by regular mail, telephone, or electronic mail at any time, including outside normal business hours.
The name and contact information for the Title IX Coordinator is:
Dr. Heath Morgan Vice President of Student Affairs/Dean of Students/Title IX Coordinator (660) 831-4087 500 E. College Street Marshall, MO 65340 [email protected] Located in the Student Affairs Office in the Malcolm Center
The College has also designated the following Deputy Title IX Coordinators to assist the Title IX Coordinator in carrying out his/her duties under this policy:
Elizabeth Bellamy, J.D. Associate Dean of Students, Director of Student Success/Title IX Deputy Coordinator (660) 831-4199 500 E. College Street Marshall, MO 65340 [email protected] Located in the Student Success Office on the bottom level of the Ferguson Center
Conner Swift Associate Dean of Students, Director of Residence Life and Housing/Title IX Deputy Coordinator (660) 831-4652 [email protected] Located in the Student Affairs Office in the Malcolm Center
College Community members can also report Sexual Harassment to:
Nick Boehmer Director of Public Safety (660) 831-4228 [email protected] Located in the Student Affairs Office in the Malcolm Center
Confidential Resources to report Sexual Harassment(Members of the college community that can receive a report without the responsibility of notifying the Title IX coordinator or Deputy Coordinators:
Teresa Ceselski Director of Student Health Counseling (660) 831-4139 [email protected] Located in the Student Health Office in the Malcolm Center
Tammy Lambrecht Student Health Counselor (660) 831-4082 [email protected] Located in the Student Health Office in the Malcolm Center
Nick Petrov Campus Chaplain (660) 831-4276 [email protected] Located in the Ferguson Center room 227
A person may also file a complaint of sex discrimination with the United States Department of Education’s Office for Civil Rights regarding an alleged violation of Title IX by visiting www2.ed.gov/about/offices/list/ocr/ complaintintro.html or by calling 1-800-421-3481.
In addition to reporting to the Title IX Coordinator, any person may report Sexual Harassment to any College employee, who must promptly forward such report of Sexual Harassment to the Title IX Coordinator.
MVC encourages timely reporting of sexual misconduct because the College can most effectively investigate and respond to an incident if the complaint is made as promptly as possible after the incident occurs. Delayed reporting may limit the College’s ability to investigate and respond to the conduct complained of.
Special Guidance for Individuals Reporting Sexual Assault, Domestic Violence, Dating Violence, or Stalking
If you believe you are the victim of Sexual Assault, Domestic Violence, or Dating Violence, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. For those who believe that they are victims of Sexual Assault, Domestic Violence, or Dating Violence, the College recommends the following:
● Get to a safe place as soon as possible. ● Try to preserve all physical evidence of the crime—avoid bathing, using the toilet, rinsing one’s mouth or changing clothes. If it is necessary, put all clothing that was worn at the time of the incident in a paper bag, not a plastic one. ● Do not launder or discard bedding where the assault occurred- preserve for law enforcement ● Preserve all forms of electronic communication that occurred before, during, or after the assault
● Contact law enforcement by calling 911. ● Get medical attention - all medical injuries are not immediately apparent. This is also necessary to collect evidence in case the individual decides to press charges. Local hospitals have evidence collection kits necessary for criminal prosecution should the victim wish to pursue charges. Take a full change of clothing, including shoes, for use after a medical examination. ● Contact a trusted person, such as a friend or family member for support. ● Talk with a professional licensed counselor, College chaplain, or resident health care provider who can help explain options, give information, and provide emotional support. ● Make a report to the Title IX Coordinator. ● Explore this policy and avenues for resolution under the Title IX Grievance Process.
Rape examinations are available at Fitzgibbon Hospital located at 2305 S Highway 65, Marshall, MO 65340, and having such an examination does not require an individual to press charges.
It is also important to take steps to preserve evidence in cases of Stalking, to the extent such evidence exists. Such evidence is more likely to be in the form of letters, emails, text messages, etc. rather than evidence of physical contact and violence. This type of non-physical evidence will also be useful in all types of Sexual Harassment investigations.
Once a report of Sexual Assault, Domestic Violence, Dating Violence, or Stalking is made, the victim has several options such as, but not limited to:
● obtaining Supportive Measures ● contacting parents or a relative ● seeking legal advice ● seeking personal counseling (always recommended) ● pursuing legal action against the perpetrator ● filing a Formal Complaint ● requesting that no further action be taken
The College’s Department of Public Safety can assist individuals in obtaining a personal protection order.
Definitions of Terms
Sexual Harassment is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.
Quid Pro Quo Sexual Harassment is an employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual contact.
Hostile Environment Sexual Harassment is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the College’s education programs and activities.
In determining whether a hostile environment exists, the College will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the Complainant; the nature and severity of the conduct at issue; the frequency and duration of the conduct; the relationship between the parties (including accounting for whether one individual has power or authority over the other);
the respective ages of the parties; the context in which the conduct occurred; and the number of persons affected. The College will evaluate the totality of circumstances from the perspective of a reasonable person in the Complainant’s position. A person’s adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment.
The College encourages members of the College Community to report any and all instances of Sexual Harassment, even if they are unsure whether the conduct rises to the level of a policy violation.
Some specific examples of conduct that may constitute Sexual Harassment if unwelcome include, but are not limited to:
● Unreasonable pressure for a dating, romantic, or intimate relationship or sexual contact ● Unwelcome kissing, hugging, or massaging ● Sexual innuendos, jokes, or humor ● Displaying sexual graffiti, pictures, videos, or posters ● Using sexually explicit profanity ● Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities ● E-mail and Internet use that violates this policy ● Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin ● Sending sexually explicit emails, text messages, or social media posts ● Commenting on a person’s dress in a sexual manner ● Giving unwelcome personal gifts such as lingerie that suggest the desire for a romantic relationship ● Insulting, demeaning, or degrading another person based on gender or gender stereotypes
Sexual Assault includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, 1 Incest, and Statutory Rape.
Rape is the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sexual organ of the other person. Attempted Rape is included.
Sodomy is oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Sexual Assault with an Object is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age 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.
1 The College’s definition of “Sexual Assault” is mandated by federal regulations implementing Title IX of the Education Amendments of 1972. Those regulations require the College to adopt a definition of “Sexual Assault” that incorporates various forcible and non-forcible sex crimes as defined by the FBI’s Uniform Crime Reporting System. See 34 C.F.R. § 106.30(a).
Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Missouri law.
Statutory Rape is sexual intercourse with a person who is under the statutory age of consent as defined by Missouri law.
Domestic Violence is felony or misdemeanor crimes 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 Missouri, or 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 Missouri.
Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.
Consent refers to the expectation that all individuals participating in sexual activity give and receive consent prior to and during any type of said activity. Consent is defined as when, through mutually understandable words or actions, that a reasonable person in the perspective of the Respondent would understand as agreement and permission to engage in mutually agreed upon sexual activity; the acknowledgment and approval of actions, without coercion, force, intimidation, and opportunity to say no. A person who is Incapacitated is not capable of giving Consent. Individuals must be awake, have the mental capacity to make such decisions, and not be impaired by alcohol, drugs, or other intoxicants.
Consent may be withdrawn at any time before or during said activity. Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity. Current or previous sexual relations do not imply consent; consent is not open-ended and must be obtained each time sexual activity occurs. Being in a romantic relationship with someone does not imply consent.
Lack of consent is a critical factor in determining whether Sexual Harassment has occurred. A verbal “no” constitutes lack of consent, even if it sounds insincere or indecisive. Silence or an absence of resistance does not imply consent. When consent is withdrawn, sexual activity must immediately stop.
Incapacitated refers to the state where a person does not appreciate the nature or fact of sexual activity due to the effect of drugs or alcohol consumption, medical condition or disability, or due to a state of unconsciousness or sleep.
Incapacitation can only be found when the Respondent knew or should have known that the Complainant was incapacitated when viewed from the position of a sober, reasonable person. One’s own intoxication is not an excuse for failure to recognize another person’s incapacitation.
Incapacitation may result from the use of alcohol and/or other drugs; however, consumption of alcohol of other drugs, inebriation, or intoxication alone are insufficient to establish incapacitation. Incapacitation is beyond mere drunkenness or intoxication. The impact of alcohol or drugs varies from person to person, and evaluating incapacitation requires an assessment of how consumption of alcohol and/or drugs impacts an individual’s:
● Decision-making ability
● Awareness of consequences
● Ability to make informed judgments
● Capacity to appreciate the nature of circumstances of the act.
No single factor is determinative of incapacitation. Some common signs that someone may be incapacitated include slurred speech, confusion, shaky balance, stumbling or falling down, vomiting, and unconsciousness.
Retaliation is intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX and its implementing regulations or because an individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.
Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.
Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the College investigate the allegation of Sexual Harassment in accordance with this policy. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the College’s education programs and activities. A “document filed by a Complainant” means a document or electronic submission (such as an email) that contains the Complainant’s physical or electronic signature or otherwise indicates that the Complainant is the person filing the Complaint.
Supportive Measures are non-disciplinary, non-punitive individualized services offered, as appropriate, and reasonably available, and without fee or charge, that are designed to restore or preserve equal access to the College’s Education Programs and Activities without unreasonably burdening another party, including measures designed to protect the safety of all parties implicated by a report or the College’s education environment, or to deter Sexual Harassment. Supportive measures may include: counseling, extensions of academic or other deadlines, course-related adjustments, modifications to work or class schedules, campus escort services, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar measures. Supportive Measures may also include mutual restrictions on contact between the parties implicated by a report.
Education Programs and Activities refers to all the operations of the College, including, but not limited to, in-person and online educational instruction, employment, research activities, extracurricular activities, athletics, residence life, dining services, performances, and community engagement and outreach programs. The term applies to all activity that occurs on campus or on other property owned or occupied by the College. It also includes off-campus locations, events, or circumstances over which the College exercises substantial control over the Respondent and the context in which the Sexual Harassment occurs, including Sexual Harassment occurring in any building owned or controlled by a student organization that is officially recognized by the College.
Preliminary Assessment
Upon receipt of a report of Sexual Harassment, the Title IX Coordinator will conduct a preliminary assessment to determine:
● Whether the conduct, as reported, falls or could fall within the scope of the policy specified above; and
● Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.
If the Title IX Coordinator determines that the conduct reported could not fall within the scope of the policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter and may notify the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”). The Title IX Coordinator may refer the report to other College offices, as appropriate.
If the Title IX Coordinator determines that the conduct reported could fall within the scope of the policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant.
As part of the preliminary assessment, the Title IX Coordinator may take investigative steps to determine the identity of the Complainant, if such identity is not apparent from the report.
Contacting the Complainant
If a report is not closed as a result of the preliminary assessment specified above and the Complainant’s identity is known, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures specified below; to discuss and consider the Complainant’s wishes with respect to such Supportive Measures; to inform the Complainant of the availability of such Supportive Measures with or without filing a Formal Complaint; and to explain the process for filing and pursuing a Formal Complaint. The Complainant will also be provided options for filing complaints with the local police and information about resources that are available on campus and in the community.
Supportive Measures
If a report is not closed as a result of the preliminary assessment specified above, the College will offer and make available Supportive Measures to the Complainant regardless of whether the Complainant elects to file a Formal Complaint.
Contemporaneously with the Respondent being notified of a Formal Complaint, the Title IX Coordinator will notify the Respondent of the availability of Supportive Measures for the Respondent, and the College will offer and make available Supportive Measures to the Respondent in the same manner in which it offers and makes them available to the Complainant. The College will also offer and make available Supportive Measures to the Respondent prior to the Respondent being notified of a Formal Complaint, if the Respondent requests such measures.
The College will maintain the confidentiality of Supportive Measures provided to either a Complainant or Respondent, to the extent that maintaining such confidentiality does not impair the College’s ability to provide the Supportive Measures in question.
Interim Removal
At any time after receiving a report of Sexual Harassment, the Title IX Coordinator may remove a student Respondent from the College’s education programs and activities on an temporary basis if an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal. In the event the Title IX Coordinator imposes an interim removal, the Title IX Coordinator must offer to meet with the Respondent within twenty-four (24) hours and provide the Respondent an opportunity to challenge the interim removal.
In the case of a Respondent who is a non-student employee (administrator, faculty, or staff), and in its discretion, the College may place the Respondent on administrative leave at any time after receiving a report of Sexual Harassment, including during the pendency of the investigation and adjudication process.
For all other Respondents, including independent contractors and guests, the College retains broad discretion to prohibit such persons from entering onto its campus and other properties at any time, and for any reason, whether after receiving a report of Sexual Harassment or otherwise.
Formal Complaint
A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the College investigate and adjudicate a report of Sexual Harassment in accordance with this policy. Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the College’s education programs or activities.
A Complainant may file a Formal Complaint with the Title IX Coordinator in person, by regular mail, or by email using the contact information specified above. No person may submit a Formal Complaint on the Complainant’s behalf.
In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the College if doing so is not clearly unreasonable. Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community.
If the Complainant or the Title IX Coordinator files a Formal Complaint, then the College will commence an investigation and proceed to adjudicate the matter as specified herein. In all cases where a
Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation.
In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.
Consolidation of Formal Complaints
The College may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Sexual Harassment arise out of the same facts or circumstances. Where the investigation and adjudication process involve more than one Complainant or more than one Respondent, references in this policy to the singular “party,” “Complainant,” or “Respondent” include the plural, as applicable. A Formal Complaint of Retaliation may be consolidated with a Formal Complaint of Sexual Harassment.
Dismissal Prior to Commencement of Investigation
In a case where the Complainant files a Formal Complaint, the Title IX Coordinator will evaluate the Formal Complaint and must dismiss it if the Title IX Coordinator determines: ● The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or
● The conduct alleged in the Formal Complaint falls outside the scope of the policy (i.e., because the alleged conduct did not occur in the College’s Education Programs and Activities and/or the alleged conduct occurred outside the geographic boundaries of the United States).
In the event the Title IX Coordinator determines the Formal Complaint should be dismissed pursuant to this section, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal as specified below. The Title IX Coordinator may refer the subject matter of the Formal Complaint to other College offices, as appropriate. A dismissal pursuant to this section is presumptively a final determination for purposes of this policy, unless otherwise specified in writing by the Title IX Coordinator in the written notice of dismissal.
Notice of Formal Complaint
Within five (5) days of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes:
● A physical copy of this policy or a hyperlink to this policy;
● Sufficient details known at the time so that the parties may prepare for an initial interview with the investigator, to include the identities of the parties involved in the incident (if known), the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident (if known);
● A statement that the Respondent is presumed not responsible for the alleged Sexual Harassment and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal;
● Notifying the Complainant and Respondent of their right to be accompanied by an advisor of their choice.
● Notifying the Complainant and Respondent of their right to inspect and review evidence.
● Notifying the Complainant and Respondent of the College’s prohibitions on retaliation and false statements specified herein.
● Information about resources that are available on campus and in the community.
Should the College elect, at any point, to investigate allegations that are materially beyond the scope of the initial written notice, the College will provide a supplemental written notice describing the additional allegations to be investigated.
Investigation
A. Commencement and Timing
After the written notice of Formal Complaint is transmitted to the parties, an investigator selected by the Title IX Coordinator will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory and exculpatory evidence. The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the College and not with the parties. The investigation will culminate in a written investigation report that will be submitted to the adjudicator during the selected adjudication process. Although the length of each investigation may vary depending on the totality of the circumstances, the College strives to complete each investigation within thirty (30) to forty-five (45) days of the transmittal of the written notice of Formal Complaint.
B. Equal Opportunity
During the investigation, the investigator will provide an equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence. Notwithstanding the foregoing, the investigator retains discretion to limit the number of witness interviews the investigator conducts if the investigator finds that testimony would be unreasonably cumulative, if the witnesses are offered solely as character references and do not have information relevant to the allegations at issue, or if the witnesses are offered to render testimony that is categorically inadmissible, such as testimony concerning sexual history of the Complainant. The investigator will not restrict the ability of the parties to gather and present relevant evidence on their own.
The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint. A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify
particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.
C. Documentation of Investigation
The investigator will take reasonable steps to ensure the investigation is documented. Interviews of the parties and witnesses may be documented by the investigator’s notes, audio recorded, video recorded, or transcribed. The particular method utilized to record the interviews of parties and witnesses will determined by the investigator in the investigator’s sole discretion, although whatever method is chosen shall be used consistently throughout a particular investigation.
D. Access to the Evidence
At the conclusion of the evidence-gathering phase of the investigation, but prior to the completion of the investigation report, the Investigating Officer will transmit to each party and their advisor, in either electronic or hard copy form, all evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence the College may choose not to rely on at any hearing and inculpatory or exculpatory evidence whether obtained from a party or some other source. Thereafter, the parties will have ten (10) days in which to submit to the investigator a written response, which the investigator will consider prior to completing the investigation report.
The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not duplicate or disseminate the evidence to the public.
E. Investigation Report
After the period for the parties to provide any written response has expired, the investigator will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree. When the investigation report is complete, the investigator will transmit a copy to the Title IX Coordinator. The investigator will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form.
Adjudication Process Selection
After the investigator has sent the investigation report to the parties, the Title IX Coordinator will transmit to each party a notice advising the party of the two different adjudication processes I. The notice will explain that the hearing process is the default process for adjudicating all Formal Complaints and will be utilized unless both parties voluntarily consent to administrative adjudication as a form of informal resolution. The notice will be accompanied by a written consent to administrative adjudication and will advise each party that, if both parties execute the written consent to administrative adjudication, then the administrative adjudication process will be used in in lieu of the hearing process. Parties are urged to carefully review this policy, consult with their advisor, and consult with other persons as they deem appropriate (including an attorney) prior to consenting to administrative adjudication.
Each party will have three (3) days from transmittal of the notice specified in this section to return the signed written consent form to the Title IX Coordinator. If either party does not timely return the signed written consent, that party will be deemed not to have consented to administrative adjudication and the Formal Complaint will be adjudicated pursuant to the hearing process.
Adjudication
A. Hearing Process
The default process for adjudicating Formal Complaints is the hearing process specified in this section. The hearing process will be used to adjudicate all Formal Complaints unless both parties timely consent to administrative adjudication as specified above.
1. Hearing Officer
After selection of the hearing process as the form of administrative adjudication, the Title IX Coordinator will promptly appoint a hearing officer who will oversee the hearing process and render a determination of responsibility for the allegations in the Formal Complaint, at the conclusion of the hearing process. The Title IX Coordinator will see that the hearing officer is provided a copy of the investigation report and a copy of all evidence transmitted to the parties by the investigator.
2. Hearing Notice and Response to the Investigation Report
After the hearing officer is appointed by the Title IX Coordinator, the hearing officer will promptly transmit written notice to the parties notifying the parties of the hearing officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; setting a date for the pre-hearing conference; setting a date and time for the hearing; and providing a copy of the College’s Hearing Procedures. Neither the pre-hearing conference, nor the hearing itself, may be held any earlier than ten (10) days from the date of transmittal of the written notice specified in this section.
A party’s written response to the investigation report must include:
● To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement;
● Any argument that evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition on the use of sexual history, or for any other reason;
● A list of any witnesses that the party contends should be requested to attend the hearing pursuant to an attendance notice issued by the hearing officer;
● A list of any witnesses that the party intends to bring to the hearing without an attendance notice issued by the hearing officer;
● Any objection that the party has to the College’s Hearing Procedures;
● Any request that the parties be separated physically during the pre-hearing conference and/or hearing;
● Any other accommodations that the party seeks with respect to the pre-hearing conference and/or hearing;
● The name and contact information of the advisor who will accompany the party at the pre-hearing conference and hearing;
● If the party does not have an advisor who will accompany the party at the hearing, a request that the College provide an advisor for purposes of conducting questioning.
A party’s written response to the investigation report may also include:
● Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; and
● Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment.
3. Pre-Hearing Conference
Prior to the hearing, the hearing officer will conduct a pre-hearing conference with the parties and their advisors. The pre-hearing conference will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the pre-hearing conference will be conducted with the hearing officer, the parties, the advisors, and other necessary College personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.
In the hearing officer’s discretion, the pre-hearing conference may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.
During the pre-hearing conference, the hearing officer will discuss the hearing procedures with the parties; address matters raised in the parties’ written responses to the investigation report, as the hearing officer deems appropriate; discuss whether any stipulations may be made to expedite the hearing; discuss the witnesses the parties have requested be served with notices of attendance and/or witnesses the parties plan to bring to the hearing without a notice of attendance; and resolve any other matters that the hearing officer determines, in the hearing officer’s discretion, should be resolved before the hearing.
4. Issuance of Notices of Attendance
After the pre-hearing conference, the hearing officer will transmit notices of attendance to any College employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness. The notice will advise the subject of the specified date and time of the hearing and advise the subject to
contact the hearing officer immediately if there is a material and unavoidable conflict.
The subject of an attendance notice should notify any manager, faculty member, coach, or other supervisor, as necessary, if attendance at the hearing will conflict with job duties, classes, or other obligations. All such managers, faculty members, coaches, and other supervisors are required to excuse the subject of the obligation, or provide some other accommodation, so that the subject may attend the hearing as specified in the notice.
The College will not issue a notice of attendance to any witness who is not an employee or a student.
5. Hearing
After the pre-hearing conference, the hearing officer will convene and conduct a hearing pursuant to the College’s Hearing Procedures. The hearing will be audio recorded or transcribed. The audio recording or transcript will be made available to the parties for inspection and review on reasonable notice, including for use in preparing any subsequent appeal.
The hearing will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the hearing will be conducted with the hearing officer, the parties, the advisors, witnesses, and other necessary College personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.
In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.
While the Hearing Procedures and rulings from the hearing officer will govern the particulars of the hearing, each hearing will include, at a minimum:
● Opportunity for each party to address the hearing officer directly and to respond to questions posed by the hearing officer;
● Opportunity for each party’s advisor to ask directly, orally, and in real time, relevant questions, and follow up questions, of the other party and any witnesses, including questions that support or challenge credibility;
● Opportunity for each party to raise contemporaneous objections to testimonial or non-testimonial evidence and to have such objections ruled on by the hearing officer and a reason for the ruling provided;
● Opportunity for each party to submit evidence that the party did not present during the investigation due to mistake, inadvertence, surprise, or excusable neglect;
● Opportunity for each party to make a brief closing argument.
Except as otherwise permitted by the hearing officer, the hearing will be closed to all persons except the parties, their advisors, the investigator, the hearing officer, the Title IX Coordinator, and other necessary College personnel. With the exception of the investigator and the parties, witnesses will be sequestered until such time as their testimony is complete.
During the hearing, the parties and their advisors will have access to the investigation report and evidence that was transmitted to them pursuant to this policy.
While a party has the right to attend and participate in the hearing with an advisor, a party and/or advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive, may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the hearing officer.
Subject to the minimum requirements specified in this section, the hearing officer will have sole discretion to determine the manner and particulars of any given hearing, including with respect to the length of the hearing, the order of the hearing, and questions of admissibility. The hearing officer will independently and contemporaneously screen questions for relevance in addition to resolving any contemporaneous objections raised by the parties and will explain the rational for any evidentiary rulings.
The hearing is not a formal judicial proceeding and strict rules of evidence do not apply. The hearing officer will have discretion to modify the Hearing Procedures, when good cause exists to do so, and provided the minimal requirements specified in this section are met.
6. Subjection to Questioning
In the event that any party or witness refuses to attend the hearing, or attends but refuses to submit to questioning by the parties’ advisors, the statements of that party or witness, as the case may be, whether given during the investigation or during the hearing, will not be considered by the hearing officer in reaching a determination of responsibility.
Notwithstanding the foregoing, the hearing officer may consider the testimony of any party or witness, whether given during the investigation or during the hearing, if the parties jointly stipulate that the testimony may be considered or in the case where neither party requested attendance of the witness at the hearing.
In applying this section, the hearing officer will not draw an inference about the determination regarding responsibility based solely on a party or a witness’s absence from the live hearing and/or refusal to submit to questioning by the parties’ advisors.
7. Deliberation and Determination
After the hearing is complete, the hearing officer will objectively evaluate all relevant evidence collected during the investigation, including both inculpatory and exculpatory evidence, together with testimony and non-testimony evidence received at the hearing, and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The hearing officer will take care to exclude from consideration any evidence that was ruled inadmissible at the pre-hearing conference, during the hearing, or otherwise as part of this policy. The hearing officer will resolve disputed facts using a preponderance of the evidence (i.e., “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of the policy as alleged in the Formal Complaint.
8. Discipline and Remedies
In the event the hearing officer determines that the Respondent is responsible for violating this policy, the hearing officer will, prior to issuing a written decision, consult with an appropriate College official with disciplinary authority over the Respondent and such official will determine any discipline to be imposed. The hearing officer will also, prior to issuing a written decision, consult with the Title IX Coordinator who will determine whether and to what extent ongoing support measures or other remedies will be provided to the Complainant.
9. Written Decision
After reaching a determination and consulting with the appropriate College official and Title IX Coordinator, the hearing officer will prepare a written decision that will include:
● Identification of the allegations potentially constituting Sexual Harassment made in the Formal Complaint;
● A description of the procedural steps taken by the College upon receipt of the Formal Complaint, through issuance of the written decision, including notification to the parties, interviews with the parties and witnesses, site visits, methods used to gather non-testimonial evidence, and the date, location, and people who were present at or presented testimony at the hearing.
● Articulate findings of fact, made under a preponderance of the evidence standard, that support the determination;
● A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Harassment, including a determination regarding responsibility for each separate potential incident;
● The discipline determined by the appropriate College official;
● Whether the Complainant will receive any ongoing support measures or other remedies as determined by the Title IX Coordinator; and
● A description of the College’s process and grounds for appeal.
The hearing officer’s written determination will be transmitted to the parties. Transmittal of the written determination to the parties concludes the hearing process, subject to any right of appeal as specified in below.
Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the College strives to issue the hearing officer’s written determination within fourteen (14) days of the conclusion of the hearing.
B. Administrative Adjudication (Optional)
In lieu of the hearing process, the parties may consent to have a Formal Complaint resolved by administrative adjudication as a form of informal resolution. Administrative adjudication is voluntary and must be consented to in writing by both parties and approved by the Title IX Coordinator. At any time prior to the issuance of the administrative officer’s determination, a party has the right to withdraw from administrative adjudication and request a live hearing as specified above.
If administrative adjudication is selected, the Title IX Coordinator will appoint an administrative officer. The Title IX Coordinator will see that the administrative adjudicator is provided a copy of the investigation report and a copy of all the evidence transmitted to the parties by the investigator.
The administrative officer will promptly send written notice to the parties notifying the parties of the administrative officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; and setting a date and time for each party to meet with the administrative officer separately. The administrative officer’s meetings with the parties will not be held any earlier than ten (10) days from the date of transmittal of the written notice specified in this paragraph.
A party’s written response to the investigation report must include:
● To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement;
● Any argument that a particular piece or class of evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition on the use of sexual history, or for any other reason;
● Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence;
● Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment.
After reviewing the parties’ written responses, the administrative officer will meet separately with each party to provide the party with an opportunity make any oral argument or commentary the party wishes to make and for the administrative officer to ask questions concerning the party’s written response, the investigative report, and/or the evidence collected during the investigation.
After meeting with each party, the administrative officer will objectively revaluate all relevant evidence, including both inculpatory and exculpatory evidence and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The administrative officer will take care to exclude from consideration any evidence that the administrative officer determines should be ruled inadmissible based on the objections and arguments raised by the parties in their respective written responses to the investigation report. The administrative officer will resolve disputed facts using a preponderance of the evidence (i.e., “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of the policy as alleged in the Formal Complaint.
Thereafter, the administrative officer will consult with any College official and the Title IX Coordinator and will prepare and transmit a written decision, which shall serve as a resolution for purposes of informal resolution.
Transmittal of the administrative officer’s written determination concludes the administrative adjudication, subject to any right of appeal as specified below.
Although the length of each administrative adjudication will vary depending on the totality of the circumstances, the College strives to issue the administrative officer’s written determination within twenty-one (21) days of the transmittal of the initiating written notice.
Dismissal During Investigation or Adjudication
The College may dismiss a Formal Complaint at any point during the investigation or adjudication process if the Title IX Coordinator determines that any one or more of the following is true:
● The Complainant provides the Title IX Coordinator written notice that the Complainant wishes to withdraw the Formal Complaint or any discrete allegations therein (in which case those discrete allegations may be dismissed);
● The Respondent is no longer enrolled or employed by the College, as the case may be; or
● Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint, or any discrete allegations therein (in which case those discrete allegations may be dismissed).
In the event the Title IX Coordinator determines that a Formal Complaint should be dismissed pursuant to this section, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal as specified below. The Title IX Coordinator may refer the subject matter of the Formal Complaint to other College offices, as appropriate. A dismissal pursuant to this section is presumptively a final determination as it pertains to this policy, unless otherwise specified in writing by the Title IX Coordinator in the written notice of dismissal.
Appeal
Either party may appeal the determination of an adjudication, or a dismissal of a Formal Complaint, on one or more of the following grounds:
● A procedural irregularity affected the outcome;
● There is new evidence that was not reasonably available at the time the determination or dismissal was made, that could have affected the outcome;
● The Title IX Coordinator, investigator, hearing officer, or administrative officer, as the case may be, had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome.
No other grounds for appeal are permitted.
A party must file an appeal within seven (7) days of the date they receive notice of dismissal or determination appealed from or, if the other party appeals, within thee (3) days of the other party appealing, whichever is later. The appeal must be submitted in writing to the Vice President of Academic Affairs, who serves as the appeal officer. The appeal must specifically identify the determination and/or dismissal appealed from, articulate which one or more of the three grounds for appeal are being asserted, explain in detail why the appealing party believes the appeal should be granted, and articulate what specific relief the appealing party seeks.
Promptly upon receipt of an appeal, the appeal officer will conduct an initial evaluation to confirm that the appeal is timely filed and that it invokes at least one of the permitted grounds for appeal. If the appeal officer determines that the appeal is not timely, or that it fails to invoke a permitted ground for appeal, the appeal officer will dismiss the appeal and provide written notice of the same to the parties.
If the appeal officer confirms that the appeal is timely and invokes at least one permitted ground for appeal, the appeal officer will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within seven (7) days. The appeal officer shall also promptly obtain from the Title IX Coordinator any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.
Upon receipt of any opposition, or after the time period for submission of an opposition has passed without one being filed, the appeal officer will promptly decide the appeal and transmit a written decision to the parties that explains the outcome of the appeal and the rationale.
The determination of a Formal Complaint, including any discipline, becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the appeal officer has resolved all appeals, either by dismissal or by transmittal of a written decision.
No further review beyond the appeal is permitted.
Although the length of each appeal will vary depending on the totality of the circumstances, the College strives to issue the appeal officer’s written decision within (21) days of an appeal being filed.
Advisor of Choice
From the point a Formal Complaint is made, and until an investigation, adjudication, and appeal are complete, the Complainant and Respondent will have the right to be accompanied by an advisor of their choice to all meetings, interviews, and hearings that are part of the investigation, adjudication, and appeal process. The advisor may be, but is not required to be, an attorney.
Except for the questioning of witnesses during the hearing, the advisor will play a passive role and is not permitted to communicate on behalf of a party, insist that communication flow through the advisor, or communicate with the College about the matter without the party being included in the communication. In the event a party’s advisor of choice engages in material violation of the parameters specified in this policy, the College may preclude the advisor from further participation, in which case the party may select a new advisor of their choice.
In the event a party is not able to secure an advisor to attend the hearing and requests the College to provide an advisor, the College will provide the party an advisor, without fee or charge, who will conduct questioning on behalf of the party at the hearing. The College will have sole discretion to select the advisor it provides. The advisor the College provides may be, but is not required to be, an attorney.
The College is not required to provide a party with an advisor in any circumstance except where the party does not have an advisor present at the hearing and requests that the College provide an advisor.
Treatment Records and Other Privileged Information
During the investigation and adjudication processes, the investigator and adjudicator, as the case may be, are not permitted to access, consider, disclose, permit questioning concerning, or otherwise use:
● A party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party; or
● Information or records protected from disclosure by any other legally-recognized privilege, such as the attorney client privilege; unless the College has obtained the party’s voluntary, written consent to do so for the purposes of the investigation and adjudication process.
Notwithstanding the foregoing, the investigator and/or adjudicator, as the case may be, may consider any such records or information otherwise covered by this section if the party holding the privilege affirmatively discloses the records or information to support their allegation or defense, as the case may be.
Sexual History
During the investigation and adjudication processes, questioning regarding a Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered
to prove consent. Notwithstanding the foregoing, a Complainant who affirmatively uses information otherwise considered irrelevant by this section for the purpose of supporting the Complainant’s allegations, may be deemed to have waived the protections of this section.
Amnesty
Student health, safety, and well-being are the primary concerns of the College. While the College expects that students abide by all College policies, as well as local, state, and federal laws, it is recognized that there may be times when students experience medical emergencies related to excessive drinking and/or drug usage. In these situations students are expected to call for assistance for themselves or others. The College will not pursue conduct charges against any student calling for assistance for themselves or actively assisting an individual requiring assistance. Students may be required to meet with the Office of Student Affairs to review the incident and may be referred for counseling and/or alcohol/drug assessment. A record of the incident will remain on file. Those who wait until College or law enforcement officials arrive before seeking assistance will not be exempted. Other serious violations occurring at the time of the incident, including but not limited to assault, distribution of drugs, and property damage are not covered by this policy. Students should remember that they are always subject to legal action for violating local, state, and federal laws, and the College’s commitment to amnesty does not prevent law enforcement agencies from pursuing such violations.
Informal Resolution
At any time after the parties are provided written notice of the Formal Complaint, and before the completion of any appeal, the parties may voluntarily consent, with the Title IX Coordinators approval, to engage in mediation, facilitated resolution, or other form of dispute resolution the goal of which is to enter into a final resolution resolving the allegations raised in the Formal Complaint by agreement of the parties. Administrative Adjudication as specified above is a form of informal resolution.
The specific manner of any informal resolution process will be determined by the parties and the Title IX Coordinator, in consultation together. Prior to commencing the informal resolution process agreed upon, the Title IX Coordinator will transmit a written notice to the parties that:
● Describes the parameters and requirements of the informal resolution process to be utilized;
● Identifies the individual responsible for facilitating the informal resolution (who may be the Title IX Coordinator, another College official, or a suitable third-party);
● Explains the effect of participating in informal resolution and/or reaching a final resolution will have on a party’s ability to resume the investigation and adjudication of the allegations at issue in the Formal Complaint; and
● Explains any other consequence resulting from participation in the informal resolution process, including a description of records that will be generated, maintained, and/or shared.
After receiving the written notice specified in this paragraph, each party must voluntarily provide written consent to the Title IX Coordinator, before the informal resolution may commence.
During the pendency of the informal resolution process, the investigation and adjudication processes that would otherwise occur are stayed and all related deadlines are suspended.
If the parties reach a resolution through the informal resolution process, and the Title IX Coordinator agrees that the resolution is not clearly unreasonable, the Title IX Coordinator will reduce the terms of the agreed resolution to writing and present the resolution to the parties for their written signature. Once both parties and the Title IX Coordinator sign the resolution, the resolution is final, and the allegations addressed by the resolution are considered resolved and will not be subject to further investigation, adjudication, remediation, or discipline by the College, except as otherwise provided in the resolution itself, absent a showing that a party induced the resolution by fraud, misrepresentation, or other misconduct or where required to avoid a manifest injustice to either party or to the College. Notwithstanding the forgoing if the form of informal resolution is Administrative Adjudication as specified in this policy, there shall not be an agreed resolution requiring the parties’ signatures; instead, the determination issued by the administrative officer shall serve as the resolution and conclude the informal resolution process, subject only to any right of appeal. With the exception of a resolution resulting from the Administrative Adjudication process B, all other forms of informal resolution pursuant to this section are not subject to appeal.
A party may withdraw their consent to participate in informal resolution at any time before a resolution has been finalized.
Absent extension by the Title IX Coordinator, any informal resolution process must be completed within twenty-one (21) days. If an informal resolution process does not result in a resolution within twenty-one (21) days, and absent an extension, abeyance, or other contrary ruling by the Title IX Coordinator, the informal resolution process will be deemed terminated, and the Formal Complaint will be resolved pursuant to the investigation and adjudication procedures. The Title IX Coordinator may adjust any time periods or deadlines in the investigation and/or adjudication process that were suspended due to the informal resolution.
Other language in this section notwithstanding, informal resolution will not be permitted if the Respondent is a non-student employee accused of committing Sexual Harassment against a student.
Presumption of Non-Responsibility
From the time a report or Formal Complaint is made, a Respondent is presumed not responsible for the alleged misconduct until a determination regarding responsibility is made final.
Resources
Any individual affected by or accused of Sexual Harassment will have equal access to support and counseling services offered through the College. The College encourages any individual who has questions or concerns to seek support of College identified resources. The Title IX Coordinator is available to provide information about the College’s policy and procedure and to provide assistance. A list of College identified resources is located at the following link:
Conflicts of Interest, Bias, and Procedural Complaints
The Title IX Coordinator, investigator, hearing officer, administrative officer, appeals officer, and informal resolution facilitator will be free of any material conflicts of interest or material bias. Any party who believes one or more of these College officials has a material conflict of interest or material bias must raise the concern promptly so that the College may evaluate the concern and find a substitute, if appropriate. The failure of a party to timely raise a concern of a conflict of interest or bias may result in a waiver of the issue for purposes of any appeal specified above or otherwise.
Objections Generally
Parties are expected to raise any objections, concerns, or complaints about the investigation, adjudication, and appeals process in a prompt and timely manner so that the College may evaluate the matter and address it, if appropriate.
Relationship with Criminal Process
This policy sets forth the College’s processes for responding to reports and Formal Complaints of Sexual Harassment. The College’s processes are separate, distinct, and independent of any criminal processes. While the College may temporarily delay its processes under this policy to avoid interfering with law enforcement efforts if requested by law enforcement, the College will otherwise apply this policy and its processes without regard to the status or outcome of any criminal process.
Recordings
Wherever this policy specifies that an audio or video recording will be made, the recording will be made only by the College and is considered property of the College, subject to any right of access that a party may have under this policy, FERPA, and other applicable federal, state, or local laws. Only the College is permitted to make audio or video recordings under this policy. The surreptitious recording of any meeting, interview, hearing, or other interaction contemplated under this policy is strictly prohibited. Any party who wishes to transcribe a hearing by use of a transcriptionist must seek pre-approval from the hearing officer.
Vendors, Contractors and Third Parties
The College does business with various vendors, contractors, and other third-parties who are not students or employees of the College. Notwithstanding any rights that a given vendor, contractor, or third-party Respondent may have under this policy, the College retains its right to limit any vendor, contractor, or third-party’s access to campus for any reason. And the College retains all rights it enjoys by contract or law to terminate its relationship with any vendor, contractor, or third-party irrespective of any process or outcome under this policy.
Bad Faith Complaints and False Information
It is a violation of this policy for any person to submit a report or Formal Complaint that the person knows, at the time the report or Formal Complaint is submitted, to be false or frivolous. It is also a violation of this policy for any person to knowingly make a materially false statement during the course of an investigation, adjudication, or appeal under this policy. Violations of this section are not subject to the investigation and adjudication processes in this policy; instead, they will be
addressed under the Code of Student Conduct in the case of students and other College policies and standards, as applicable, for other persons.
Retaliation
It is a violation of this policy to engage in Retaliation. Reports and Formal Complaints of retaliation may be made in the manner specified above. Any report or Formal Complaint of Retaliation will be processed under this policy in the same manner as a report or Formal Complaint of Sexual Harassment, as the case may be. The College retains discretion to consolidate a Formal Complaint of Retaliation with a Formal Complaint of Sexual Harassment for investigation and/or adjudication purposes if the two Formal Complaints share a common nexus.
Academic Freedom
While the College is committed to the principles of free inquiry and free expression, Sexual Harassment is neither legally protected expression nor the proper exercise of academic freedom.
Confidentiality
The College will keep confidential the identity of any individual who has made a report or Formal Complaint of Sexual Harassment or Retaliation including any Complainant, the identity of any individual who has been reported to be a perpetrator of Sexual Harassment or Retaliation including any Respondent, and the identity of any witness. The College will also maintain the confidentiality of its various records generated in response to reports and Formal Complaints, including, but not limited to, information concerning Supportive Measures, notices, investigation materials, adjudication records, and appeal records. Notwithstanding the foregoing, the College may reveal the identity of any person or the contents of any record if permitted by FERPA, if necessary to carry out the College’s obligations under Title IX and its implementing regulations including the conduct of any investigation, adjudication, or appeal under this policy or any subsequent judicial proceeding, or as otherwise required by law. Further, notwithstanding the College’s general obligation to maintain confidentiality as specified herein, the parties to a report or Formal Complaint will be given access to investigation and adjudication materials in the circumstances specified in this policy.
While the College will maintain confidentiality specified in this section, the College will not limit the ability of the parties to discuss the allegations at issue in a particular case. Parties are advised, however, that the manner in which they communicate about, or discuss a particular case, may constitute Sexual Harassment or Retaliation in certain circumstances and be subject to discipline pursuant to the processes specified in this policy.
Note that certain types of Sexual Harassment are considered crimes for which the College must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public. These disclosures will be made without including personally identifying information
Other Violations of this Policy
Alleged violations of this policy, other than violations of the prohibitions on Sexual Harassment and Retaliation, will be subject to review under the Student Code of Conduct for students, the Faculty Handbook for faculty, or other College policies and standards for employees.
Signatures and Form of Consent
For purposes of this policy, either a physical signature or digital signature will be sufficient to satisfy any obligation that a document be signed. Where this policy provides that written consent must be provided, consent in either physical or electronic form, containing a physical or digital signature, as the case may be, will suffice.
Deadlines, Time, Notices, and Method of Transmittal
Where this policy specifies a period of days by which some act must be performed, the following method of calculation applies:
● Exclude the day of the event that triggers the period;
● Count every day, including intermediate Saturdays, Sundays, and legal holidays recognized by the federal government;
● Include the last day of the period until 5:00 p.m. central time, but if the last day is a Saturday, Sunday, or legal holiday recognized by the federal government, the period continues to run until 5:00 p.m. central time on the next day that is not a Saturday, Sunday, or legal holiday recognized by the federal government.
All deadlines and other time periods specified in this policy are subject to modification by the College where, in the College’s sole discretion, good cause exists. Good cause may include, but is not limited to, the unavailability of parties or witnesses; the complexities of a given case; extended holidays or closures; sickness of the investigator, adjudicator, or the parties; the need to consult with the College’s legal counsel; unforeseen weather events; and the like.
Any party who wishes to seek an extension of any deadline or other time period may do so by filing a request with the investigator, hearing officer, administrative officer, appeal officer, or Title IX Coordinator, as the case may be, depending on the phase of the process. Such request must state the extension sought and explain what good cause exists for the requested extension. The College officer resolving the request for extension may, but is not required to, give the other party an opportunity to object. Whether to grant such a requested extension will be in the sole discretion of the College.
The parties will be provided written notice of the modification of any deadline or time period specified in this policy, along with the reasons for the modification.
Where this policy refers to notice being given to parties “simultaneously,” notice will be deemed simultaneous if it is provided in relative proximity on the same day. It is not necessary that notice be provided at exactly the same hour and minute.
Unless otherwise specified in this policy, the default method of transmission for all notices, reports, responses, and other forms of communication specified in this policy will be email using College email addresses.
A party is deemed to have received notice upon transmittal of an email to their College email address. In the event notice is provided by mail, a party will be deemed to have received notice three (3) days after the notice in question is postmarked.
Any notice inviting or requiring a party or witness to attend a meeting, interview, or hearing will be provided with sufficient time for the party to prepare for the meeting, interview, or hearing as the case may be, and will include relevant details such as the date, time, location, purpose, and participants. Unless a specific number of days is specified elsewhere in this policy, the sufficient time to be provided will be determined in the sole discretion of the College, considering all the facts and circumstances, including, but not limited to, the nature of the meeting, interview, or hearing; the nature and complexity of the allegations at issue; the schedules of relevant College officials; approaching holidays or closures; and the number and length of extensions already granted.
Other Forms of Discrimination
This policy applies only to Sexual Harassment. Complaints of other forms of sex discrimination are governed by the College’s Non-Discrimination Policy.
Education
Because the College recognizes that the prevention of Sexual Harassment is important, it offers educational programming to a variety of groups such as: campus personnel; incoming students and new employees participating in orientation; and members of student organizations. Among other elements, such training will cover relevant definitions, procedures, and sanctions; the role and identity of the Title IX Coordinator and Deputy Title IX Coordinators; safe and positive options for bystander intervention; and risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks. To learn more about education resources, please contact the Title IX Coordinator.
Outside Appointments, Dual Appointments, and Delegations
The College retains discretion to retain and appoint suitably qualified persons who are not College employees to fulfill any function of the College under this policy, including, but not limited to, the investigator, hearing officer, administrative officer, informal resolution officer, and/or appeals officer.
The College also retains discretion to appoint two or more persons to jointly fulfill the role of investigator, hearing officer, administrative officer, informal resolution officer, and/or appeals officer.
The functions assigned to a given College official under this policy, including but not limited to the functions assigned to the Title IX Coordinator, investigator, hearing officer, administrative officer, informal resolution officer, and appeals officer, may, in the College’s discretion, be delegated by such College official to any suitably qualified individual and such delegation may be recalled by the College at any time.
Training
The College will ensure that College officials acting under this policy, including but not limited to the Title IX Coordinator, investigators, hearing officers, administrative officers, informal resolution facilitators, College provided advisors, and appeals officers receive training in compliance with 34 C.F.R. § 106.45(b)(1)(iii) and any other applicable federal or state law.
Recordkeeping
The College will retain those records specified in 34 C.F.R. § 106.45(b)(10) for a period of seven years after which point in time they may be destroyed, or continue to be retained, in the College’s sole discretion. The records specified in 34 C.F.R. § 106.45(b)(10) will be made available for inspection, and/or published, to the extent required by 34 C.F.R. § 106.45(b)(10) and consistent with any other applicable federal or state law, including FERPA.
Definitions Herein
Words used in this policy will have those meanings defined herein and if not defined herein will be construed according to their plain and ordinary meaning.
Discretion in Application
The College retains discretion to interpret and apply this policy in a manner that is not clearly unreasonable, even if the College’s interpretation or application differs from the interpretation of the parties.
Despite the College’s reasonable efforts to anticipate all eventualities in drafting this policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably addressed by the express policy language, in which case the College retains discretion to respond to the unanticipated or extraordinary circumstance in a way that is not clearly unreasonable.
The provisions of this policy and the Hearing Procedures referenced above are not contractual in nature, whether in their own right, or as part of any other express or implied contract. Accordingly, the College retains discretion to revise this policy and the Hearing Procedures at any time, and for any reason. The College may apply policy revisions to an active case provided that doing so is not clearly unreasonable.
Appendix B
MISSOURI VALLEY COLLEGE COVID-19 POLICY & PROCEDURES MISSOURI VALLEY COLLEGE RETURN TO ATHLETICS FALL 2020
The MVC Athletic Department fully recognizes that continued testing, health screening, masks, temperature checks, hand washing, social distancing, education, sanitation, risk analyses, proper protective equipment, documentation, communication, and cooperation will be vital keys for Missouri Valley College to safely return to athletics this fall.
*This document is fluid and continually updated: last updated 8/10/2020
1. Reporting to campus: ● On site testing and/or Pre-testing -- Follow Student Affairs/ CDC guidelines ○ Covid 19 required test ○ Temp check ○ Symptoms check ○ Tracing ● Transportation to campus ○ Parents - Only two adults can accompany the student to report to Student Affairs for check in ○ Individual - Report to Student Affairs ○ Campus bus - Temp Check to board- Report to Student Affairs ○ Coach pickup - Temp Check to board- Report to Student Affairs ● Limited Number of athletes reporting at a time -- Staggering days ○ Varsity Football: August 10, 2020 ○ Soccer(M)(W): August 11, 2020 ○ Volleyball(W) Varsity Reserve: August 12, 2020 ○ Cheer, Dance and Cross Country: August 14, 2020 ● Lengthen general student check in time frame to limit number of students arriving ○ Freshmen: August 17, 2020 ○ Transfers and Returners: August 18-19, 2020
2. Check-In: ● Student Affairs Health screening: Temperature checks, Tracing, Risk analyses as directed by Student Affairs/ CDC guidelines, ● Educational program developed for student body to view over hygiene practices/guidelines for return to campus
3. Team meetings: ● Follow MVC/ Heart Promise guidelines ● Limit time and schedule study hall & team meetings so all teams can have an available time frame and facility space ● Meeting space sizes -- ○ Outdoor spaces - various field areas and stadium ○ Indoors spaces - Burns Gym floor, MaBee Theater, Bacon Conference Room, SC 104, Burns Gym Class rooms ○ Possible virtual team meetings ○ No small team meetings lobby areas ● Number of athletes per meeting - follow Student Affairs/ CDC guidelines ○ Smaller teams possibly meet together ○ Larger Whole team divided into smaller groups for inside meetings ■ Divide into varsity / varsity reserve if needed ■ Could have staggered or separate team meetings ● Team pictures and/or individuals headshots-- ○ headshots can be scheduled and social distancing used ○ team picture must Temp check before picture ○ All uniforms and team equipment washed and cleaned prior to storage. ● Sport specific position type meeting. -- ○ Position or Leadership group mtgs (limit numbers) ○ Study tables- logged online hours or smaller groups across the whole week.
4. Equipment handout: ● Follow MVC/ Heart Promise guidelines ● Handout space: ○ Use social distancing and larger layout space ○ Put equipment in individual lockers ○ Equipment sanitation ○ Clean equipment after each practice ○ Wash clothes after every practice -provide gloves for each wash ● Limit Number of athletes reporting at a time ○ Stagger times (assigned time to pick up gear) ○ Follow Student Affairs/ Heart Promise guidelines ○ Depends on number in practice groups (Example - 3 groups in practice then 3 groups for equipment) 5. Practice ● Athletic Dept. Staff ○ Will complete daily screening and reporting using the CampusClear app. ○ Facemasks/shields usage is recommended to/from and during practices. ○ Social distancing should be utilized whenever possible. ○ Virtual meetings are encouraged whenever possible. ● Student Athletes ○ Will complete daily screening and reporting using the CampusClear app before any team function (if multiple meetings daily always check prior to the earliest meeting of the day) ○ Social distancing should be utilized whenever possible. ● Locker room - Bathroom - Use fogger and/or other cleaning protocol, Required daily ○ Stagger the use of the showers ○ Spacing and staggering for dressing before events. ○ Have hand sanitizer/wipes available in locker room area ○ Locker rooms & restrooms must be cleaned daily ● Daily health screening-- ○ Temp check / symptoms checklist and log each athlete daily ○ Follow MVC/ CDC guidelines ● Daily equipment sanitation ○ Fogger and/or other cleaning protocol, spray or wipe down equipment ○ Clean court floor & playing surface after each practice daily ○ It is recommended that all Athletes carry their own water bottles (Daily cleaning suggested) and social distancing utilized at all water stations. ○ No sharing of whistles (Incorporate handheld whistles if possible) ● Laundry- ○ done daily after each practice session ○ new gloves provided to handle laundry pre/post wash ○ Coordinate each team with laundry times and protocol for each facility. ● Number of athletes at practice ○ follow NAIA / Heart Promise guidelines ○ Utilize distancing whenever possible ○ Recommendations for Burns, Malcom and Morrison Gym ■ Burns only one team utilizing the main court areas at a time with the track, pitching, hitting and grey court area limited use only. ● Burns Gym - only one court team at a time (full team using both main courts) + one track area (up to 10 limit staggered) + hitting (4-6 limit) or pitching group (4-6 limit) ○ Suggested court curtains down for all court practices. ■ Malcolm - one court team per court with curtain down. (Ex: Men Varsity reserve + men varsity reserve, or Wmns Varsity reserve + Wmsn Varsity Reserve) suggested no mixing of programs. ■ Morrison Gym or Dance Studio - only one team per practice session
6. Athletic Training Rooms:
● PPE for athletic trainers ○ -facemasks, gloves, faceshield’s. ● Making appointments ○ If a student-athlete needs to come in for treatment or rehabilitation they will need to make an appointment with their athletic trainer in order to keep under the limit of 10 student-athletes in each Athletic Training Room at one time. ○ If a student-athlete feels they have a cough, fever, chills, and shortness of breath we require that a student-athlete call, text, email, or Facetime their athletic trainer instead of coming in to check-in with us. ● Procedure to enter and exit training room facilities: ○ The student-athlete will follow MVC campus guidelines and each building's facility protocols when entering athletic facilities. ■ Face coverings will be required to enter the training rooms ■ The student-athletes will have their symptoms and temperature checks done daily before they can enter either the Burns Gymnasium or the Fletcher Building. ● Number allowed in training room ○ The maximum number of athletes allowed in each Athletic Training Room will be capped at 10 student-athletes. ● Daily sanitation ○ The athletic training rooms will be sanitized and cleaned daily, high touch surfaces shall be cleaned more frequently (ie. tables and equipment shall be cleaned and sanitized after use by student-athletes.) ○ The Athletic Training rooms will be sanitized and disinfected using the foggers and backpack sprayers.
7. Game day: ● Officials- Will follow the NAIA / Heart Promise guidelines ○ Required to report to the Burns Gym for check-in protocol ○ Temp check will be required upon arrival ○ Officials will be provided with a locker room(s) ■ Utilize pre-packaged food/drink provide if required ● Game management personnel - ○ All MVC game management personnel, coaching staff, team managers will follow the NAIA / Heart Promise guidelines ■ Each will be temp checked upon arrival to the athletic facilities ■ Limit gameday personnel in press boxes ● Spectators - ○ Will follow the NAIA / Heart Promise guidelines ○ Athletic Facilities closed to spectators pre-game and post game. ○ Limited attendance if needed, ○ Use flexibility to change fan seating arrangement for maximum social distancing ○ Use and disinfection of common and high-traffic areas. ■ ie. restrooms, concession stands ● Visiting team pre-game screening procedures - Temp check will be required upon arrival and will follow the NAIA / Heart Promise guidelines ● Home team pre-game screening procedures -- Temp check will be required upon arrival and will follow the NAIA / Heart Promise guidelines ● Pre-game ceremonies - ○ No team handshakes ○ Limited sideline personnel ○ Opening prayer, NAIA announcements & national anthem only ● Post game - follow the NAIA / Heart guidelines for facilities ○ sanitize scorers table(s), chairs, mat(s), clean up and store properly ○ Mandatory shower for athletes/ laundry and equipment sanitation ● Half-time - ○ Limited performances with social distancing
● Post game - ○ Limit team interactions
○ No team handshakes ○ All prayer meeting and team huddles use distancing ■ teams encouraged to report to locker rooms or opposite ends of fields right after required meetings ○ NO spectators allowed on the field or gym floor, they will have to exit immediately after the game ● Concessions - (if provided) ○ Limited selections: all products must be in sealed packaging ○ Having social distancing spacing on floor/pavement for spectators ● Tailgating (if allowed) ○ Limited distancing and reduced spacing ○ Portable restrooms with distancing protocol setup ■ Athletic Facilities closed to spectators 8. Transportation ● Bus sanitation ○ Use foggers to sanitize before and after each use along with our continued scheduled cleaning.. ○ Travel with hand sanitizer/wipes ● Number per bus ○ Follow MVC guidelines ● Travel meals ○ Pre Order meals so limited stops ○ Communicate with Fresh Ideas on all travel ● Overnight stay ○ Follow the NAIA / HEART recommended guidelines
9. Weight room: ● Waiting to get in for team times? ○ No team breaks ○ Training sessions will begin on the hour lasting 30 minutes. ■ Allowing them ample time to return to their dorm and shower and arrive at class. ● Number of athletes per session ○ No more than 64 per session with a 2:1 athlete to rack ratio. ■ Larger groups (ex: football) 32 athletes running outside while 32 inside at the 30 min mark we will rotate using the outside ramp/garage door for re-entry and stairs for exit to the lower field. ● Distancing ○ Individuals on adjoining racks will alternate from a rack based movement to one on the floor giving us 6+ feet apart laterally and front to back. ■ For example squatting on one side while the other side does a clean. ○ If necessary dumbbells can be grabbed one at a time if needed prior to training. ○ The athletes will grab plates from only the right side of the rack in which they are facing (no 2 athletes using the same side) ● Partner lifts and safety spotting ○ Team/Individual lifting programs will be designed to eliminate the need for safety spotters at this time. ○ If a need for using spotters arose, a mask would be recommended for the spotter. ● Sanitation ○ Cleaning period will begin as soon as the athletes finish training. ○ Mop bucket ○ Spray bottles for each rack ○ One use towels for wipe down ○ Hand sanitizer free standing by garage door. ○ Athletes will exit upon completion of cleaning not waiting for the others to finish.
● Entering and exiting the Weight Room Facility: All weight room doors will be propped open to avoid handling ○ To Enter ■ the weight room through the Northwest door closest to the front of the building.
○ To Exit ■ The NorthEast door by the laundry/ athletic training room will be an exit door for the locker room, bathroom, water fountain only.
10. Out of season teams: ● Limit the possible number of allowed: ○ Team meetings, practices, games, individual/team work-outs and lifting days. ○ Length of preseason ○ Offseason scrimmages ○ Limit facility use to offset for possible facility crowding issues ○ No captains practices ○ Follow MVC protocol on all visits and/or workouts for recruits ○ Virtual meetings should be encouraged whenever possible.
11. Indoor sports teams vs outdoor sports teams ● Outdoor sports will stay outside when at all possible to help eliminate facility crowding. ○ Off season will cancel outside practice if inclement weather unless facility is open to avoid crowding ● Indoor sports - ALL sports coordinate practice schedules to accommodate the following: ○ Limited number of athletes in a facility if multiple teams use. ○ Only one court team on the facility floor at a time (ie M/W basketball, M/W volleyball) ○ Limit to one court team and one other team (ie CC, T/F, baseball or softball hitting/pitching crews, Golf and Tennis) ○ Communicate with facilities directors with on all scheduling times & cleaning guidelines
12. High contact sports teams vs low contact sports teams ● See NAIA/Heart Promise Guidelines
13. Positive test Covid-19 ● Follow CDC / Student Life Guideline / NAIA/Heart Promise ○ Quarantine: CDC / Student Life Guidelines ○ Contact tracing: Reporting, documentation, communication ○ Return to team activities CDC / Student Life Guidelines 14. Review current athletic schedules by sport for 2020-2021, ● Allotted practice time by sport ● Shared practice facilities, and fields. ○ Scheduled times with limited or no walkup usage ● Shorter practice times accommodate more smaller groups usage, ○ Designated specific locations outside and within facilities ● Individual type work-outs scheduled with limited or no walk up usage.
15. College Break Protocol during the year. (Christmas, spring break) ● Varsity teams continue to practice and use all protocols during extended stay for Christmas and Spring Breaks times if still in the competitive season. ● January Return to School ○ Utilize a full start over of Reporting to Campus protocol ■ Scheduled return times for Varsity in season teams ■ Follow Student Life Student schedules for students Spring 21 return
Appendix C
DRUG, ALCOHOL & CONTROLLED SUBSTANCES TESTING POLICY FOR INTERCOLLEGIATE ATHLETES ACKNOWLEDGMENT AND CONSENT FORM
I acknowledge that I have reviewed a copy of the Missouri Valley College Student-Athlete Handbook, which contains the Drug, Alcohol, and Controlled Substances Testing Policies for Intercollegiate Athletes. I understand the policy, and I understand that the Implementation Procedure and Testing Protocol adopted by the College may be amended from time to time, with or without notice, at the sole discretion of Missouri Valley College. I further understand that, Pursuant to the policy, Implementation Procedure and Testing Protocol, I may be required to submit to a drug and alcohol test at any time.
______
STUDENT-ATHLETE’S SIGNATURE SPORT DATE
NAIA CHAMPIONS OF CHARACTER PLEDGE
Each game and practice, in which I participate, will provide me with an opportunity to be a “Champion of Character.”
I pledge, as an NAIA student-athlete, to accept the five core character values of the NAIA and will do my best to represent the NAIA, my institution, my teammates, and myself by:
Respecting my opponent, the officials, my teammates, the game, and myself: Taking responsibility for my actions in all areas of my life; Having the integrity to stand by my word; Providing servant leadership where I serve others while striving to be a personal and team leader;
Being an example of sportsmanship by holding myself to the highest standards of fair play;
______
STUDENT-ATHLETE’S SIGNATURE SPORT DATE
Appendix D MVC PLEDGE & ACKNOWLEDGEMENT
All current and future Missouri Valley college student-athletes have an important role to play in keeping our fellow students and the college community safe by doing our part to stop the spread of COVID-19. As a member of the MVC athletic department, I know that I must take steps to stay well in order to:
● protect others; ● promote a safe return to campus for all MVC faculty, staff and students; ● and be ready to help my team.
Therefore, I pledge to take responsibility for my own health and to help stop the spread of the COVID-19. Missouri Valley College’s top priority is the safety of its students, faculty, staff and visitors. I understand that by engaging in campus life, which includes attending classes, living on campus, eating in the dining halls, attending activities, participating in sports and recreation, etc., there is a risk of exposure to COVID-19 and other infections. I also understand that despite all reasonable efforts by the College, I can still contract COVID-19 and other infections. In order to reduce my risk, I agree to be an active participant in maintaining my own health, wellbeing, and safety, as well as the safety of others, by following all the guidelines and expectations outlined by the College.
It is my Viking pledge to protect myself, peers, and the Missouri Valley Community by doing the following: ● Agree to testing for COVID-19 and potential subsequent self-quarantining if I am identified as a contact of anyone who has been determined to be positive for COVID-19; ● If I test positive for COVID-19, I agree to self-quarantine in a designated location until my symptoms have resolved, and/or it has been at least 14 days since the start of my symptoms, and/or I have a negative COVID-19 test result; ● Report in a timely manner any known or potential exposures to COVID-19 to the athletic training staff; ● Monitor daily for the following symptoms: ○ A fever of 100.4 or higher ○ Respiratory symptoms, such as dry cough or shortness of breath ○ Sore throat ○ Headache ○ Body ache ○ Chills ○ Loss of taste or smell;
● If I develop any of the above symptoms, I am to contact my athletic trainer, and to follow the medical staff’s instructions, which may include: ○ Being tested for COVID-19 and ○ Self-quarantining while the test results are pending ○ Being evaluated by the athletic training staff ○ Staying at home if I am feeling sick ○ Getting a flu vaccination ○ Participating fully and honestly with all contact tracing ○ Wearing a mask in all public places ○ Practicing social distancing as much as possible and keeping my personal space, shared common space, and my belongings clean.
I have read, understand, and agree to comply with my Viking Pledge above. I also acknowledge that these expectations and pledge are a condition of my participation in Missouri Valley College Athletics and that any failure to comply with my Viking Pledge above may lead to immediate removal of athletic participation privileges (not my athletic scholarship) and/or the ability to use our athletic facilities.
I understand that Missouri Valley College may modify these guidelines and expectations as more information becomes available from local, state, and federal health agencies. It is my responsibility to make every effort to keep myself informed of these changes to protect myself and the Missouri Valley College Community.
I take my Viking Pledge seriously and will do my part to protect everyone involved.
______(Student-Athlete Signature) Date
______(Parent/Guardian Signature if under 18 years of age) Date