Sinclair Community College does not tolerate sexual assault, coercion, exploitation, or other form of sexual misconduct that offends the dignity of any member of the college community. Sexual assault, whether occurring on campus or at college-sponsored activities, is both a violation of the standards of the college and a criminal act within federal and state laws. Individuals who believe they have been the victim of a sexual assault may pursue resolution on campus and/or criminal action against an alleged perpetrator. The college strongly encourages any person who has been sexually assaulted either on or off-campus to contact Sinclair Police or the police department where the incident occurred.
What to Do If You Become a Victim
If an individual becomes the victim of a sexual assault, the first priority should be for the victim to get to a place of safety. The victim should then obtain the necessary medical treatment. Sinclair Police strongly advocates that a victim of sexual assault report the incident in a timely manner. Time is a critical factor because of the importance for preserving evidence that may be needed for prosecution.
The victim should report the assault to Sinclair Police but can elect to report the crime to the Manager of Student Leadership Development. Filing a police report will not obligate the victim to prosecute or subject the victim to scrutiny or judgmental opinions from the College. Filing a police report will:
· Ensure that the victim receives the necessary medical treatment and tests
· Provide the opportunity for the collection of evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical exam
· Assure the victim has access to confidential counseling through Counseling Services
Sinclair Police will assist the victim in navigating through the criminal justice system. Sinclair Police will also pursue on-campus disciplinary procedures through Student Judicial Affairs. Both the accused and the victim are entitled to the same opportunities to have others present and be informed of the outcome. Options and assistance in changing classes subsequent to an alleged sexual assault can be arranged, provided such options are reasonably available. Sanctions imposed by Student Judicial Affairs range from verbal warnings to expulsion depending on the severity of the offense. The victim and the accused are notified of the outcome of the hearing. It is important to realize that on a national level, at least one third of all reported sexual assault victims know their attacker – this person may have been a date, steady boyfriend or girlfriend, or casual friend. This is called “acquaintance rape” and it can happen to anyone.
A Sinclair Police official or a counselor from Counseling Services will guide the victim through the available options and support the victim in his or her decision. Various counseling options are available from the Counseling Services Department and Campus Ministry from within the college. Outside campus resources include Crisis Care, HelpLink, Planned Parenthood, WomanLine and the Victim/Witness Division in Montgomery and Greene counties and the Dayton Municipal Court Victim/Witness program.
There are several educational programs, such as self-protection, date rape, sexual assault and fire safety seminars that are available for any group or organization on campus. The RAD Program (Rape Aggression Defense course) is also available. RAD provides basic information on personal safety, awareness, risk reduction and avoidance. The program teaches practical defensive techniques that require no special skills. In addition, Sinclair Police sponsor the annual Safety Awareness Expo that takes place during fall quarter. The Expo provides the opportunity for all student, staff and faculty to learn more about safety from a variety of area police, sheriff and fire departments. All personnel and students are encouraged to take advantage of these programs. For further information, contact Sinclair Police at ext. 2700 or (937) 512-2700.
Sex Offenses Definitions
Per the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program
Sex Offenses - Forcible
Any sexual act directed against another person, forcible and/or against the person's will; or not forcible or against the person's will where the victim is incapable of giving consent.
A. Forcible Rape - The carnal knowledge of a person, forcible and/or against the person's will; or not forcible or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
B. Forcible Sodomy - Oral or anal sexual intercourse with another person, forcible and/or against that person's will; or not forcible against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
C. Sexual Assault with an Object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
D. Forcible Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, forcible and/or against that person's will; or, not forcible or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
Sex Offenses - Non-Forcible
Unlawful, non-forcible sexual intercourse.
A. Incest - non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
B. Statutory Rape - non-forcible sexual intercourse with a person who is under the statutory age of consent.
Sinclair Community College is an open enrollment institution. Except as set forth in this Policy, persons who are required to register as sex offenders are not prohibited from admission, enrollment, or attendance at Sinclair Community College and any of its classes, courses, or programs. This policy is intended to provide guidance for such persons and for Sinclair’s Department of Public Safety and other departments to deal fairly and appropriately with such persons and to protect the Sinclair community.
Federal and State Law Registration Requirements
Federal law (42 USC §16901), known as the Sex Offender Registration and Notification Act (SORNA), effective 7-27-2009, requires convicted sex offenders to register for the purpose of community notification. In addition, federal law requires sex offenders, already required to register in a specific state, to provide notice of each institution of higher education at which that person is employed or enrolled as a student. This registration is to be made available to law enforcement agencies with jurisdiction where the institution of higher education is located.
Ohio law (ORC §2950.04) requires convicted sex offenders to register with the County Sheriff: within three days of coming into a county in which the offender resides or temporarily is domiciled for more than three days;immediately upon coming into a county in which the offender attends a school or institution of higher education; and upon coming into a county in which the offender is employed.
Obligation to Self-Report
1. Any person who is required by law to register as a sex offender and who as a condition of community control (or any similar program in any jurisdiction other than Ohio, such as probation or parole) which includes restrictions which prohibit contact with juveniles must self-report his or her status to the Sinclair Department of Public Safety within three (3) days of enrollment in any Sinclair class, whether on campus, at a remote location, or online. For purposes of this Policy, enrollment means registering for any class, course, or program (regardless of payment status and whether the class has started) at any Sinclair location, including Dayton campus, the Courseview campus in Mason, the Learning Centers in Englewood, Huber Heights, and Preble County (Eaton), and any other sites where Sinclair offers such class, course or program.
2. Any person who is already enrolled at Sinclair and who meets the criteria to self-report set forth in the preceding paragraph must self-report his or her status within five (5) days of the restriction which prohibits contact with juveniles being imposed.
3. Any person who is required to self-report under this Policy must provide documentation of convictions, conviction dates and, if applicable, contact information for community control, probation, or parole. All information collected will be entered into the SinclairDepartment of Public Safety MIS database.
4. Information regarding the self-reporting obligation is available at: Sinclair Department of Public Safety, 444 West Third Street, Dayton, Ohio, 45402, Building 7, Room 7112, at (937) 512-2700, and at http://police.sinclair.edu.
Failure to Self-Report
A person’s failure to self-report as required by this Policy may result in disciplinary and/or legal action against a student, including but not necessarily limited to, suspension, expulsion, criminal trespass, or reporting to community control supervisor (probation or parole officer). See Sinclair’s Student Judicial Affairs Code of Conduct Handbook, available at http://www.sinclair.edu/student/leader/handbook/index.cfm.
Specific Campus Location and/or Enrollment Restrictions
Any person who is required to self-report under this Policy is prohibited from:
1. Entering Building 9 and its playground and adjacent parking lots (Lots E, EE, and J) because Building 9 houses the Sinclair Early Childhood Education Center.
2. Entering any other area of the College in which services to children are being provided.
3. Enrolling and/or attending any class, course, or program with other persons who are under age 18.
Additional specific restrictions on campus location and/or enrollment may be imposed based on legal requirements associated with sex crime convictions as well as the conditions of community control (probation or parole). Restrictions on enrollment may include, but are not limited to:
1. Restricted or prohibited access to certain classrooms or areas of campus;
2. Restricted or prohibited internet access; and,
3. Enrollment in online course sections only.
Decisions about specific restrictions will be made by the Director of Public Safety in collaboration with the Director of Student Support Services. Any person subject to such restrictions will be informed in writing of any decisions pertaining to any restrictions. All decisions are final. However, a student may petition to have the restrictions reviewed if changes are made to his or her status as a sex offender or conditions of community control (probation or parole).
A list of all registered sex offenders are available on the web sites listed below.
Butler County Sheriff
Clark County Sheriff
Clermont County Sheriff
Clinton County Sheriff
Darke County Sheriff
Greene County Sheriff
Hamilton County Sheriff
Indiana State Offenders
Miami County Sheriff
Montgomery County Sheriff
Preble County Sheriff
Warren County Sheriff
Listed below are free web sites to check for sexual predators across the country:
National Sex Offender Public Registry