Northwest Missouri State University -
Kansas City
2023 ANNUAL SECURITY REPORT
Introduction
This report is provided in compliance with the Jeanne Clery Disclosure of Campus Security
Policy and Crime Statistics Act, as amended. It provides students and employees of the
Kansas City campus of Northwest Missouri State University ("University") with information
on: the University's security arrangements, policies and procedures; programs that provide
education on such things as drug and alcohol abuse, awareness of various kinds of sex
offenses, and the prevention of crime generally; and procedures the University will take to
notify the campus community in the event of an emergency. Its purpose is to provide students
and employees with information that will help them make informed decisions relating to their
own safety and the safety of others.
Policy for Preparing the Annual Report
This report is prepared by the Clarence Green in cooperation with local law enforcement
authorities and includes information provided by them as well as by the University's campus
security authorities and various other elements of the University. Each year an e-mail
notification is made to all enrolled students and employees that provides the website link to
access this report. Prospective students and employees are also notified of the report's
availability. Hard copies of the report may also be obtained at no cost by contacting Clarence
Green, Support Service Building (UPD), 800 University Drive, Maryville, Missouri
(660.562.1254).
The University is committed to taking the actions necessary to provide a safe and secure
working/learning environment for all students and staff. As a member of the campus
community, you can feel safe and comfortable knowing that security procedures are in place
that represent best practices in the field and are constantly tested and re-evaluated for their
effectiveness.
General Safety and Security Policies
Campus Security Personnel & Relationship with Local Law Enforcement
While the University does not have any written agreements with local law enforcement
agencies, it does maintain a working relationship with local police in Gladstone.
All crimes occurring on the Northwest-Kansas City campus, on non-campus property owned
by the university or on nearby public property should be reported immediately to the
Gladstone Police Department. The number to contact is 816.436.3550 or 911.
Campus Security Authorities
The University has designated certain officials to serve as campus security authorities.
Reports of criminal activity can be made to these officials. They in turn will ensure that the
crimes are reported for collection as part of the University's annual report of crime statistics.
The campus security authorities to whom the University would prefer that crimes be reported
are listed below.
Director of KC Center at 660.562.1277
AVP of Student Affairs: Engagement & Development at 660.562.1226
AVP of Title IX and Equity at 660.562.1873
Reporting a Crime or Emergency
The University encourages accurate and prompt reporting of all criminal actions,
emergencies, or other incidents occurring on campus, on other property owned by the
University, or on nearby public property to the appropriate administrator and appropriate
police agencies. Such a report is encouraged even when the victim of a crime elects not to
make a report or is unable to do so.
Situations that pose an imminent danger or while a crime is in progress should be
reported to local law enforcement by calling 911 from any campus phone or cell
phone. Keep in mind that the individual making the call from a cell phone will need to
provide the address where the emergency has occurred.
Students, employees, and visitors should report criminal actions, accidents, injuries,
or other emergency incidents to one of the campus security authorities identified
above. Once reported, the individual making the report will be encouraged to also
report it to appropriate police agencies. If requested, a University employee will assist
in making the report to the police.
All crimes occurring on campus, on non-campus property owned by the University or
on nearby public property should be reported immediately to the Gladstone Police
Department. The number to contact is 816.436.3550.
An anonymous report can also be submitted at the following site:
https://www.nwmissouri.edu/studentaffairs/report-incident.htm
Confidential Reporting
The University will protect the confidentiality of victims. Only those with a need to know the
identity for purposes of investigating the crime, assisting the victim or disciplining the
perpetrator will know the victim's identity.
Pursuant to the University’s Title IX Sexual Harassment Policy, when an employee who is
not a confidential resource becomes aware of alleged misconduct under that policy
(including, but not limited to, dating violence, domestic violence, sexual assault, and
stalking), the employee is responsible for reporting that information, including the status of
the parties if known, to the Title IX Coordinator. A victim of other types of crimes (e.g.,
aggravated assault, burglary, etc.) who does not want to pursue action within the University
disciplinary system or the criminal justice system is nevertheless encouraged to make a
confidential report to a campus security authority. Upon the victim’s request, a report of the
details of the incident can be filed with the University without revealing the victim’s identity.
Such a confidential report complies with the victim’s wishes but still helps the University
take appropriate steps to ensure the future safety of the victim and others. With such
information, the University can keep an accurate record of the number of incidents involving
members of the campus community, determine where a pattern of crime may be developing
and alert the community as to any potential danger. These confidential reports are counted
and disclosed in the annual crime statistics for the University.
The University does not have procedures that encourage its pastoral and professional
counselors, if and when they deem it appropriate, to inform the person they are counseling to
report crimes on a voluntary, confidential basis for inclusion in the annual report of crime
statistics.
Security of and Access to Campus Facilities
All academic buildings are secured during the evenings and weekends. Access to the
buildings is only allowed for employees and students who are accompanied by employees
when the facility is secured.
Students and employees are asked to be alert and to not circumvent practices and procedures
that are meant to preserve their safety and that of others:
• Do not prop doors open or allow strangers into campus buildings that have been secured
• Do not lend keys or access cards to non-students and do not leave them unattended
• Do not give access codes to anyone who does not belong to the campus community
Keys to the offices, laboratories, and classrooms on campus will be issued to employees only
as needed and after receiving the proper authorization. Each department supervisor is
responsible for assuring their area is secured and locked.
Employees must adhere to policies regarding unauthorized access to school facilities, theft of,
or damage to, school property, or other criminal activity. In particular, rendering inoperable
or abusing any fire prevention or detection equipment is prohibited. Violation of these
policies may lead to disciplinary action, up to and including termination and the filing of
charges with law enforcement authorities.
Employee and student identification cards may be used to verify the identity of persons
suspected to be in campus facilities without permission.
Security Considerations in the Maintenance of Facilities
Maintenance personnel regularly check to ensure pathways have sufficient lighting and that
egress lighting is working in hallways and stairwells. If a student has maintenance or repair
concerns they should alert their academic instructor of the concern.
Educational Programs Related to Security Awareness and Prevention of
Criminal Activity
The University seeks to enhance the security of its campus and the members of the campus
community by periodically presenting educational programs to inform students and
employees about campus security procedures and practices, to encourage students and
employees to be responsible for their own security and the security of others and to inform
them about the prevention of crimes. These programs are discussed below:
Crime prevention programs are presented each semester by the Wellness Center, Title
IX Coordinator, and the University Police Department. In addition, pamphlets and
videos on crime prevention are available on the University Police website and
myNorthwest for employees and students. Periodically e-mail blasts are sent out to
the students and employees with crime prevention and other safety tips.
The University also provides information at the beginning of each academic term for
students and employees regarding the University’s security procedures and practices.
This information is in the form of posters and other displays, articles in the University
newspaper, and e-mail blasts. Among other things, it advises students and employees
of the importance of reporting criminal activity, to whom crimes should be reported,
being responsible for their own safety and the safety of others and practices regarding
timely warnings and emergency notifications.
Monitoring Off Campus Locations of Recognized Student Organizations
The University does not have any officially recognized student organizations with off campus
locations and therefore does not monitor or record criminal conduct occurring at such
locations.
Disclosure of the Outcome of a Crime of Violence or Non-Forcible Sex Offense
Upon written request, the University will disclose to the alleged victim of a crime of violence
(as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex
offense, the report on the results of any disciplinary proceeding conducted by the University
against a student who is the alleged perpetrator of such crime or offense. If the alleged victim
is deceased as a result of such crime or offense, the next of kin of such victim shall be treated
as the alleged victim for purposes of the paragraph.
The previous paragraph does not apply to victims of dating violence, domestic violence,
sexual assault, or stalking because under the Violence Against Women Act both the accused
and accuser in these cases are given the results without the need to make a written request.
Drug and Alcohol Policy
We are committed to creating and maintaining an environment that is free of alcohol abuse.
The University enforces the state’s underage drinking laws and complies with state law and
other applicable regulations governing alcoholic beverages for those on the University’s
premises or participating in its activities. The University strongly supports education and
treatment programs as the most effective means to help prevent and reduce alcohol abuse. In
addition, the University is committed to providing an academic and social environment that
supports individual freedom while promoting individual responsibility, health and safety, and
community welfare. To that end:
1. The University expects that those who wish to include alcohol as part of their activities
will do so responsibly and lawfully.
2. Persons planning events on campus should be mindful of the complexities introduced into
planning an event with alcohol. Event management issues (the presentation of entertainment,
provision of refreshments, management of the participants or audience, security, and other
factors) require serious attention for any event, and all the more for an event at which alcohol
is served. Event organizers must fully understand the University’s alcohol policies (Alcoholic
Beverages on University Property Policy, Illegal Drug and Alcohol Policy and Drug and
Alcohol Policy) and applicable laws and manage their events accordingly.
3. Organizations may not plan events that promote or encourage the consumption of alcohol,
nor may event planning be based upon the assumption of abusive or illegal alcohol
consumption. Persons planning events should remember that the vast majority of events at the
institution take place without alcohol, that most members of the undergraduate community
are not of legal drinking age, and that among those who are, many do not drink alcoholic
beverages at all.
The University enforces federal and state drug laws. The possession, sale, manufacture or
distribution of illegal drugs is prohibited under both state and federal laws. Such laws will be
enforced by the University's law enforcement authority on campus. Violators of the
University’s policies or federal and state laws regarding illegal drugs will be subject to
disciplinary action and possibly criminal prosecution.
Federal Drug Laws (updated 08.01.2023)
Denial of Federal Benefits (21 U.S.C. § 862) A federal drug conviction may result in the
loss of federal benefits, including loans, grants, scholarships, contracts, and licenses, although
the Department of Education has said it will no longer disqualify students from Title IV aid
for a federal or state conviction for possession or sale of a controlled substance.
Forfeiture of Personal Property and Real Estate (21 U.S.C. § 853) Any person convicted
of a federal drug offense punishable by more than one year in prison shall forfeit to the
United States any personal or real property related to the violation. A warrant of seizure may
be issued and property seized at the time an individual is arrested on charges that may result
in forfeiture.
Federal Drug Trafficking Penalties (21 U.S.C. § 841) Penalties for federal drug trafficking
convictions vary according to the type and quantity of the controlled substance involved in
the transaction. Penalties for subsequent convictions are more severe. Federally-defined
schedules of controlled substances are published at 21 U.S.C. 812.
In the case of a controlled substance in schedule I or schedule II, GHB (or, “liquid ecstasy”),
or flunitrazepam (or, “rohypnol”), a person shall be sentenced to a term of imprisonment of
not more than 20 years. If death or serious bodily injury results from the use of a controlled
substance which has been illegally distributed, the person convicted on federal charges of
distributing the substance faces the possibility of a life sentence and fines ranging up to $10
million.
In the case of a controlled substance in schedule III, a person shall be sentenced to a term of
imprisonment of not more than 10 years, and if death or serious bodily injury results, shall be
sentenced to a term of imprisonment of not more than 15 years or a fine not to exceed
$500,000, or both, for a first offense.
For less than 50 kilograms of marijuana, the term of imprisonment shall not be more than five
years, and the fine shall not be more than $250,000, or both, for a first offense.
In the case of a schedule IV substance, the term of imprisonment shall not be more than five
years, and the fine shall not be more than $250,000, or both, for a first offense.
Persons convicted on federal charges of drug trafficking within 1,000 feet of an elementary
school, secondary school, college, or university (21 U.S.C. § 860) face penalties of prison
terms and fines which are twice as high as the regular penalties for the offense, with a
mandatory prison sentence of at least one year, unless the offense involves five grams or less
of marijuana.
Federal Drug Possession Penalties (21 U.S.C. § 844) Persons convicted on federal charges
of possessing any controlled substance face penalties of up to one year in prison, a mandatory
fine of no less than $1,000, or both. Second convictions are punishable by not less than 15
days but not more than two years in prison and a minimum fine of $2,500. Subsequent
convictions are punishable by not less than 90 days but not more than three years in prison
and a minimum fine of $5,000.
For the most recent and complete Federal Trafficking Penalties information, visit the website
of the U.S. Drug Enforcement Administration at
www.campusdrugprevention.gov/sites/default/files/202207/Federal_Trafficking_Penalties_C
hart_6-23-22.pdf.
The University’s Alcohol and Drug Abuse Education Policy in its Student Handbook is
located at: https://www.nwmissouri.edu/studentaffairs/PDF/StudentHandbook.pdf
Drug and Alcohol State Laws
Category
Summary (Missouri Revised Statues)
Possession of
Marijuana
Statutorily, marijuana remains a Schedule I controlled substance. Mo. Rev.
Stat. § 195.017(2)(3)(ff). Possession for personal use of less than 10 grams
for a first offense is a class D misdemeanor with a maximum fine of $500
and no jail time. § 579.015(4). For a second offense, the charge elevates to
a class A misdemeanor with a maximum fine of $2,000 and up to one year
in jail. § 579.015(4). The same punishment applies to possession of more
than ten grams but thirty
-five grams or less of marijuana or synthetic
cannabinoid. § 579.015(3). Possessing m
ore than 35 grams is a class D
felony with a maximum fine of $10,000 and up to 7 years in jail. §
579.015(2). Notwithstanding the foregoing, the use of recreational
marijuana was legalized via a ballot amendment to the Missouri
Constitution in 2022. As of December 8, 2022, individuals over the age of
Category
Summary (Missouri Revised Statues)
twenty-one may purchase, possess, and consume up to 3 ounces of dried
marijuana. Mo. Const. art. XIV § 2. Medical marijuana for certain
conditions is allowed, and up to four ounces may be purchased every 30
days. Mo. Const. art. XIV § 1.
Controlled
Substances
Missouri statutes cover a wide range of offenses related to the possession
and delivery of controlled substances. Mo. Rev. Stat. §§ 579.015
579.040.
Possession of a controlled substance, except thirty
-five grams or less of
marijuana, is a class D felony, w
ith a term of up to seven years and a fine
up to $10,000. § 579.015(1). Delivery of a controlled substance other than
35 grams or less of marijuana is a class C felony, resulting in a prison term
of not less than 3 years and not more than 10 years, and a f
ine up to
$10,000. §§ 579.020(2), 558.002, 558.011. If a controlled substance is
distributed or delivered within one thousand feet of a park designed for
public recreation purposes or on public housing property, the charge
elevates to a class A felony, res
ulting in imprisonment between 10 or 30
years or life imprisonment. §§ 579.030, 558.011. Notwithstanding the
foregoing, the use of recreational marijuana was legalized via a ballot
amendment to the Missouri Constitution in 2022. As of December 8, 2022,
ind
ividuals over the age of twenty-one may purchase, possess, and
consume up to 3 ounces of dried marijuana. Mo. Const. art. XIV § 2.
Alcohol and
Minors
In Missouri, it is illegal for anyone under the age of 21 to possess,
purchase, or attempt to purchase any intoxicating liquor, subject to class D
misdemeanor carrying a fine not to exceed $500. §§ 311.325, 558.002. A
subsequent violation is a class A misdemeanor, subject to a term of up to
one year in jail
and a fine not to exceed $2,000. Id.; § 558.011(6). Anyone
between the ages of 17 and 21 who represents that s/he is 21 for the
purpose of obtaining intoxicating liquor is guilty of a misdemeanor. §
311.320(1). The use of a fake identification is subject
to a $500 fine. §
311.320(2). An attempt to purchase, or possession of alcohol, may also
result in license suspension. § 311.325(1).
Driving Under the
Influence (DUI)
A person is guilty of a DUI if the person has a blood alcohol concentration
of 0.08 percent. § 577.012. A first offense results in a class B
misdemeanor resulting in a suspended license for 30 days then a restricted
license for 60 days, and may require a certified ignition interlock device. §
302.525(2)(1). A second offense within five years results in a one
-year
restricted license and additional penalties. Id.
Drug and Alcohol Abuse Prevention Program
The University has a drug abuse and prevention program and conducts a biennial review of
this program to evaluate its effectiveness. The biennial review can be located
at:https://www.nwmissouri.edu/aboutus/facts/pdf/AlcoholDrugReview.pdf
The University's Student and Employee illegal Drug and Alcohol Policy is located at:
https://www.nwmissouri.edu/policies/personnel/Illegal-Drug-and-Alcohol-Policy.pdf
The University's Alcoholic Beverages on University Property Policy and Procedure is located
at: https://www.nwmissouri.edu/policies/operations/Alcoholic-Beverages-on-
UniversityProperty.pdf
Policies, Procedures, and Programs Related to Dating
Violence, Domestic Violence, Sexual Assault, and Stalking
Consistent with applicable laws, the University prohibits dating violence, domestic violence,
sexual assault, and stalking. The University's policy used to address complaints of this nature,
as well as the procedures for filing, investigating and resolving complaints, may be found at:
Title IX Sexual Harassment Policy:
https://www.nwmissouri.edu/policies/student/Title-IX-Sexual-Misconduct.pdf
Student Code of Conduct: https://www.nwmissouri.edu/policies/student/Student-
Code-of-Conduct.pdf
The following sections of this report discuss the University's educational programs to
promote the awareness of dating violence, domestic violence, sexual assault and stalking;
provides information concerning procedures students and employees should follow and the
services available in the event they do become a victim of one of these offenses and advises
students and employees of the disciplinary procedures that will be followed after an
allegation that one of these offenses has occurred.
Primary Prevention and Awareness Program:
The University conducts a Primary Prevention and Awareness Program (PPAP) for all
incoming students and new employees. The PPAP advises campus community members that
the University prohibits the offenses of dating violence, domestic violence, sexual assault and
stalking. They are also informed of the topics discussed below, including relevant definitions,
risk reduction, and bystander intervention.
Crime Definitions
Crime Type
(Missouri
Revised Statues)
Definitions
Dating Violence
The institution has determined, based on good-faith research, that Missouri
law does not define the term dating violence.
Domestic
Violence
Missouri's protective order statutes provide the following definitions (Mo.
Rev. Stat. § 455.010):
“Abuse”, includes but is not limited to the occurrence of any of the
following acts, attempts or threats against a person who may be
protected pursuant to this chapter, except abuse shall not include
abuse inflicted on a child by accidental means by an adult
household member or discipline of a child, including spanking, in a
reasonable manner.
“Domestic violence” is abuse or stalking committed by a family or
household member.
“Family” or “household member”, [includes] spouses, former
spouses, any person related by blood or marriage, persons who are
presently residing together or have resided together in the past, any
person who is or has been in a continuing social relationship of a
Crime Type
(Missouri
Revised Statues)
Definitions
romantic or intimate nature with the victim, and anyone who has a
child in common regardless of whether they have been married or
have resided together at any time.
In addition, Missouri criminal statutes include various degrees of the crime
“Domestic Assault,” as follows:
Domestic Assault, First Degree (Mo. Rev. Stat. § 565.072): A
person commits the offense of domestic assault in the first degree
if he or she attempts to kill or knowingly causes or attempts to
cause serious physical injury to a domestic victim, as the term
“domestic victim” is defined under section 565.002.
o Mo Rev. Stat. § 565.002(6) indicates that a “domestic
victim” is a household or family member as the term
“family” or “household member” is defined in 455.010,
including any child who is a member of the household or
family.
Domestic Assault in the Second Degree (Mo. Rev. Stat. §
565.073): A person commits the offense of domestic assault in the
second degree if the act involves a domestic victim, as the term
“domestic victim” is defined under section 565.002, and he or she:
(1) Knowingly causes physical injury to such domestic victim by
any means, including but not limited to, use of a deadly weapon or
dangerous instrument, or by choking or strangulation; or (2)
Recklessly causes serious physical injury to such domestic victim;
or (3) Recklessly causes physical injury to such domestic victim by
means of any deadly weapon.
Domestic Assault, Third Degree (Mo. Rev. Stat. § 565.074): A
person commits the offense of domestic assault in the third degree
if he or she attempts to cause physical injury or knowingly causes
physical pain or illness to a domestic victim, as the term “domestic
victim” is defined under section 565.002.
Domestic Assault in the Fourth Degree (Mo. Rev. Stat. § 565.076):
A person commits the offense of domestic assault in the fourth
degree if the act involves a domestic victim, as the term “domestic
victim” is defined under section 565.002, and: (1) The person
attempts to cause or recklessly causes physical injury, physical
pain, or illness to such domestic victim; (2) With criminal
negligence the person causes physical injury to such domestic
victim by means of a deadly weapon or dangerous instrument; (3)
Th
e person purposely places such domestic victim in apprehension
of immediate physical injury by any means; (4) The person
recklessly engages in conduct which creates a substantial risk of
death or serious physical injury to such domestic victim; (5) The
person knowingly causes physical contact with such domestic
victim knowing he or she will regard the contact as offensive; or
(6) The person knowingly attempts to cause or causes the isolation
Crime Type
(Missouri
Revised Statues)
Definitions
of such domestic victim by unreasonably and substantially
restricting or limiting his or her access to other persons,
telecommunication devices or transportation for the purpose of
isolation.
Stalking
Stalking, First Degree (Mo. Rev. Stat. § 565.225): A person
commits the offense of stalking in the first degree if he or she
purposely, through his or her course of conduct, disturbs or
follows
with the intent of disturbing another person and: (1) Makes a threat
communicated with the intent to cause the person who is the target
of the threat to reasonably fear for his or her safety, the safety of
his or her family or household member, or the safety of domestic
animals or livestock as defined in section 276.606 kept at such
person's residence or on such person's property. The threat shall be
against the life of, or a threat to cause physical injury to, or the
kidnapping of the person, the person's family or household
members, or the person's domestic animals or livestock as defined
in section 276.606 kept at such person's residence or on such
person's property; or (2) At least one of the acts constituting the
course of conduct is in violation of an order of protection and the
person has received actual notice of such order; or (3) At least one
of the actions constituting the course of conduct is in violation of a
condition of probation, parole, pretrial release, or release on bond
pending appeal; or (4) At any time during the course of conduct,
the other person is seventeen years of age or younger and the
person disturbing the other person is twenty-one years of age or
older; or (5) He or she has previously been found guilty of
domestic assault, violation of an order of protection, or any other
crime where the other person was the victim; or (6) At any time
during the course of conduct, the other person is a participant of
the address confidentiality program under sections 589.660 to
589.681, and the person disturbing the other person knowingly
accesses or attempts to access the address of the other person.
Stalking, Second Degree (Mo. Rev. Stat. § 565.227.1): A person
commits the offense of stalking in the second degree if he or she
purposely, through his or her course of conduct, disturbs, or
follows with the intent to disturb another person.
As used in the definitions of stalking above, the term "disturbs"
shall mean to engage in a course of conduct directed at a specific
person that serves no legitimate purpose and that would cause a
reasonable person under the circumstances to be frightened,
intimidated, or emotionally distressed.
Sexual Assault
The institution has determined, based on good-faith research, that
Missouri's criminal statutes do not define the term sexual assault.
Crime Type
(Missouri
Revised Statues)
Definitions
However, Missouri's protective order statutes indicate that “sexual assault”
means causing or attempting to cause another to engage involuntarily in
any sexual act by force, threat of force, duress, or without that person's
consent. (Mo. Rev. Stat. § 455.010(1)(e)).
Rape, Fondling,
Incest, Statutory
Rape
For purposes of the Clery Act, the term “sexual assault” includes the
offenses of rape, fondling, incest, and statutory rape. These definitions
under Missouri law
are as follows:
Rape in the First Degree (Mo. Rev. Stat. § 566.030): A person
commits the offense of rape in the first degree if he or she has
sexual intercourse with another person who is incapacitated,
incapable of consent, or lacks the capacity to consent, or by the us
e
of forcible compulsion. Forcible compulsion includes the use of a
substance administered without a victim's knowledge or consent
which renders the victim physically or mentally impaired so as to
be incapable of making an informed consent to sexual intercourse.
Rape in the Second Degree (Mo. Rev. Stat. § 566.031): A person
commits the offense of rape in the second degree if he or she has
sexual intercourse with another person knowing that he or she does
so without that person's consent.
Fondling: The institution has determined, based on good-faith
research, that Missouri law does not define the term fondling.
Incest (Mo. Rev. Stat. § 568.020.1): A person commits the offense
of incest if he or she marries or purports to marry or engages in
sexual intercourse or deviate sexual intercourse with a person he or
she knows to be, without regard to legitimacy, his or her: (1)
Ancestor or descendant by blood or adoption; or (2) Stepchild,
while the marriage creating that relationship exists; or (3) Brother
or sister of the whole or half-blood; or (4) Uncle, aunt, nephew or
niece of the whole blood.
Statutory Rape, First Degree (Mo. Rev. Stat. § 566.032): A person
commits the offense of statutory rape in the first degree if he or she
has sexual intercourse with another person who is less than
fourteen years of age.
Statutory Rape, Second Degree (Mo. Rev. Stat. § 566.034.1): A
person commits the offense of statutory rape in the second degree
if being twenty-one years of age or older, he or she has sexual
intercourse with another person who is less than seventeen years
of
age.
Other "sexual
assault" crimes
Other crimes under Missouri law that may be classified as a “sexual
assault” include the following:
Sodomy in the First Degree (Mo. Rev. Stat. § 566.060): A person
commits the offense of sodomy in the first degree if he or she has
deviate sexual intercourse with another person who is
incapacitated, incapable of consent, or lacks the capacity to
Crime Type
(Missouri
Revised Statues)
Definitions
consent, or by the use of forcible compulsion. Forcible compulsion
includes the use of a substance administered without a victim's
knowledge or consent which renders the victim physically or
mentally impaired so as to be incapable of making an informed
consent to sexual intercourse.
Sodomy in the Second Degree (Mo. Rev. Stat. § 566.061): A
person commits the offense of sodomy in the second degree if he
or she has deviate sexual intercourse with another person knowing
that he or she does so without that person's consent.
Statutory Sodomy, First Degree (Mo. Rev. Stat. § 566.062): A
person commits the offense of statutory sodomy in the first degree
if he or she has deviate sexual intercourse with another person who
is less than fourteen (14) years of age.
Statutory Sodomy, Second Degree (Mo. Rev. Stat. § 566.064): A
person commits the offense of statutory sodomy in the second
degree if being twenty-one years of age or older, he or she has
deviate sexual intercourse with another person who is less than
seventeen years of age.
Child Molestation, First Degree (Mo. Rev. Stat. § 566.067): A
person commits the offense of child molestation in the first degree
if he or she subjects another person who is less than fourteen (14)
years of age to sexual contact and the offense is an aggravated
sexual offense.
Child Molestation, Second Degree (Mo. Rev. Stat. § 566.068): A
person commits the offense of child molestation in the second
degree if he or she: (1) Subjects a child who is less than twelve
years of age to sexual contact; or (2) Being more than four years
older than a child who is less than seventeen years of age, subjects
the child to sexual contact and the offense is an aggravated sexual
offense.
Child Molestation, Third Degree (Mo. Rev. Stat. § 566.069): A
person commits the offense of child molestation in the third degree
if he or she subjects a child who is less than fourteen years of age
to sexual contact.
Child Molestation, Fourth Degree (Mo. Rev. Stat. § 566.071): A
person commits the offense of child molestation in the fourth
degree if, being more than four years older than a child who is less
than seventeen years of age, subjects the child to sexual contact.
Sexual Misconduct Involving a Child (Mo. Rev. Stat. § 566.083):
A person commits the offense of sexual misconduct involving a
child if such person: (1) Knowingly exposes his or her genitals to a
child less than fifteen years of age under circumstances in w
hich he
or she knows that his or her conduct is likely to cause affront or
alarm to the child; (2) Knowingly exposes his or her genitals to a
child less than fifteen years of age for the purpose of arousing or
gratifying the sexual desire of any person, including the child; (3)
Knowingly coerces or induces a child less than fifteen years of age
Crime Type
(Missouri
Revised Statues)
Definitions
to expose the child's genitals for the purpose of arousing or
gratifying the sexual desire of any person, including the child; or
(4) Knowingly coerces or induces a child who is known by such
person to be less than fifteen years of age to expose the breast
s of a
female child through the internet or other electronic means for the
purpose of arousing or gratifying the sexual desire of any person,
including the child.
Sexual Misconduct, First Degree (Mo. Rev. Stat. § 566.093): A
person commits the offense of sexual misconduct in the first
degree if such person: (1) Exposes his or her genitals under
circumstances in which he or she knows that his or her conduct is
likely to cause affront or alarm; (2) Has sexual contact in the
presence of a third person or persons under circumstances in which
he or she knows that such conduct is likely to cause affront or
alarm; or (3) Has sexual intercourse or deviate sexual intercourse
in a public place in the presence of a third person.
Second Degree Sexual Misconduct (Mo. Rev. Stat. § 566.095): A
person commits the offense of sexual misconduct in the second
degree if he or she solicits or requests another person to engage in
sexual conduct under circumstances in which he or she knows that
such request or solicitation is likely to cause affront or alarm.
Sexual Abuse in the First Degree (Mo. Rev. Stat. § 566.100): A
person commits the offense of sexual abuse in the first degree if he
or she subjects another person to sexual contact when that person is
incapacitated, incapable of consent, or lacks the capacity to
consent, or by the use of forcible compulsion.
Sexual Abuse, Second Degree (Mo. Rev. Stat. § 566.101): A
person commits the offense of sexual abuse in the second degree if
he or she purposely subjects another person to sexual contact
without that person's consent.
Consent (as it
relates to sexual
activity) (Mo.
Rev. Stat. §
556.061(14))
Consent or lack of consent may be expressed or implied. Assent does not
constitute consent if: (a) It is given by a person who lacks the mental
capacity to authorize the conduct charged to constitute the offense and
such mental incapacity is manifest or kn
own to the actor; or (b) It is given
by a person who by reason of youth, mental disease or defect, intoxication,
a drug
-
induced state, or any other reason is manifestly unable or known by
the actor to be unable to make a reasonable judgment as to the natur
e or
harmfulness of the conduct charged to constitute the offense; or (c) It is
induced by force, duress or deception.
University Definition of Consent
In addition to the definition of consent under Missouri law, the University uses the following
definition of consent for the purpose of determining whether a violation of its Title IX Sexual
Harassment Policy has occurred: “Consent” refers to affirmative words or affirmative actions
that a reasonable person in the perspective of the Respondent would understand as agreement
to engage in the sexual conduct at issue. A person who is incapacitated is not capable of
giving Consent.
Lack of Consent is a critical factor in determining whether Sexual Assault has occurred.
Consent is informed, freely given, and mutually understood. If coercion, intimidation, threats,
and/or physical force are used, there is no Consent. Consent to one form of sexual activity
does not imply consent to other forms of sexual activity. Consent can be withdrawn. A person
who initially consents to sexual activity is deemed not to have consented to any sexual
activity that occurs after they withdraw consent. A person who is incapacitated is not capable
of giving Consent. Incapacitation may result from the use of alcohol and/or other drugs;
however, the mere consumption of some alcohol or some amount of drugs is not necessarily
sufficient to establish Incapacitation. 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.
Risk Reduction
Risk Reduction
If you find yourself in an uncomfortable sexual situation, these suggestions may help you
reduce your risk:
Make your limits known before going too far.
You can withdraw consent to sexual activity at any time. Do not be afraid to tell a
sexual aggressor “NO” clearly and loudly.
Try to remove yourself from the physical presence of a sexual aggressor. Be direct as
possible about wanting to leave the environment.
Grab someone nearby and ask them for help.
Be responsible about your alcohol and/or drug use. Alcohol and drugs can lower your
sexual inhibitions and may make you vulnerable to someone who views an
intoxicated/high person as a sexual opportunity.
Attend large parties with friends you trust. Watch out for your friends and ask that
they watch out for you.
Be aware of someone trying to slip you an incapacitating “rape drug” like Rohypnol
or GHB.
If you find yourself in the position of being the initiator of sexual behavior, these suggestions
may help you to reduce your risk of being accused of sexual assault or another sexual crime:
Remember that you owe sexual respect to the other person.
Don’t make assumptions about the other person’s consent or about how far they are
willing to go.
Remember that consent to one form of sexual activity does not necessarily imply
consent to another form of sexual behavior.
If your partner expresses a withdrawal of consent, stop immediately.
Clearly communicate your sexual intentions so that the other person has a chance to
clearly tell you their intentions.
Consider “mixed messages” a clear sign that the other person is uncomfortable with
the situation and may not be ready to progress sexually.
Don’t take advantage of someone who is really drunk or on drugs, even if they
knowingly and intentionally put themselves in that state. Further, don’t be afraid to
step in if you see someone else trying to take advantage of a nearly incapacitated
person.
Be aware of the signs of incapacitation, such as slurred speech, bloodshot eyes,
vomiting, unusual behavior, passing out, staggering, etc.
It is also important to be aware of the warning signs of an abusive person. Some examples
include: past abuse; threats of violence or abuse; breaking objects; using force during an
argument; jealousy; controlling behavior; quick involvement; unrealistic expectations;
isolation; blames others for problems; hypersensitivity; cruelty to animals or children;
“playful” use of force during sex; Jekyll-and-Hyde personality.
Bystander Intervention
In addition to reporting incident to appropriate authorities, below are some way in which
individuals can take safe and positive steps to prevent harm and intervene when there is a risk
of dating violence, domestic violence, sexual assault, or stalking against another person.
• Look out for those around you.
• Realize that it is important to intervene to help others.
• Treat everyone respectfully. Do not be hostile or an antagonist.
• Be confident when intervening.
• Recruit help from others if necessary.
• Be honest and direct.
• Keep yourself safe.
• If things get out of hand, don’t hesitate to contact the police.
Other Information Covered by the PPAP
The PPAP also provides information on possible sanctions and protective measures that may
be imposed following a determination that an offense of dating violence, domestic violence,
sexual assault, or stalking has occurred, an explanation of the disciplinary procedures that
will be followed when one of these offenses is alleged, the rights of the parties in such a
proceeding, available resources, and other pertinent information. Much of this information is
set forth in the upcoming sections of this security report.
Ongoing Prevention and Awareness Campaign:
The University also conducts an Ongoing Prevention and Awareness Campaign (OPAC)
aimed at all students and employees. This campaign covers the same material as provided in
the PPAP, but is intended to increase the understanding of students and employees on these
topics and to improve their skills for addressing the offenses of dating violence, domestic
violence, sexual assault and stalking.
PPAP and OPAC Programming Methods:
The PPAP and OPAC are carried out in a variety of ways, using a range of strategies, and, as
appropriate, targeting specific audiences throughout the University. Methods include, but are
not limited to: online presentations, distribution of written materials, periodic email blasts,
and guest speakers. Past programming and currently planned programming include the
following:
• PPAPs
o Think About It (online)
o Helping Bearcats Succeed
o Can I Kiss You?
o New Faculty Orientation
o New Staff Orientation (online)
o International Student Orientation
• OPACs
o Green Dot: Overviews and Bystander Training on Assisting Students in Distress
o Residential Life Student Staff Safety and Response Training
o Staff Compliance Workshops
o Pizza and Police
o University Seminar Presentations
o Self-Defense
Procedures to Follow if You are a Victim of Dating Violence, Domestic Violence,
Sexual Assault, or Stalking:
If you are a victim of dating violence, domestic violence, sexual assault, or stalking, go to a
safe place and call 911 or the University Police Department at 660.562.1254. You may also
contact the University’s Title IX Coordinator at 660.562.1873. If you are in immediate
danger, please contact the Gladstone Police Department at 816.436.3550 or 911.
Victims will be notified in writing of the procedures to follow, including:
1. To whom and how the alleged offense should be reported (contact the Title IX
Coordinator or refer to the other resources listed in this report).
2. The importance of preserving evidence that may be necessary to prove the offense in
a criminal proceeding or disciplinary action or to obtain a protective order.
3. The victim’s options regarding notification to law enforcement, which are: (a) the
option to notify either on-campus or local police; (b) the option to be assisted by
campus security authorities in notifying law enforcement if the victim so chooses (the
institution is obligated to comply with such a request if it is made); and (c) the option
to decline to notify such authorities.
4. Where applicable, the rights of victims and the institution’s responsibilities regarding
orders of protection, no-contact orders, restraining orders, or similar lawful orders
issued by a criminal, civil, or tribal court.
Preservation of Evidence & Forensic Examinations
Victims of physical assault are advised to not remove clothing items worn during or
following an assault, as they frequently contain valuable fiber, hair, and fluid evidence. Don’t
bathe or wash, or otherwise clean the environment in which the assault occurred. You can
obtain a forensic examination at Victims of physical assault are advised not to remove
clothing items worn during or following an assault, as they frequently contain valuable fiber,
hair, and fluid evidence. Don’t bathe or wash, or otherwise clean the environment in which
the assault occurred. You can obtain a forensic examination at Liberty Hospital – All
survivors of sexual violence are highly encouraged to seek care from a Sexual Assault Nurse
Examiner (SANE) to collect any evidence available. Additionally, Liberty Hospital can
provide treatment for injuries and/or sexually transmitted infection and offers pregnancy tests
and emergency contraception. Walk-in emergency care is available 24/7 at the hospital. The
address is 2525 Glenn Hendren Drive, MO 64068. For more information call
816.781.7200.Completing a forensic examination does not require you to file a police report,
but having a forensic examination will help preserve evidence in case you decide at a later
date to file a police report. Victims are also advised to retain evidence in electronic formats
(e.g., text messages, emails, photos, social media posts, screenshots, etc.). Such evidence is
valuable in all situations, and it may be the only type of evidence available in instances of
stalking..
Completing a forensic examination does not require you to file a police report, but having a
forensic examination will help preserve evidence in case you decide at a later date to file a
police report.
Victims are also advised to retain evidence in electronic formats (e.g., text messages, emails,
photos, social media posts, screenshots, etc.). Such evidence is valuable in all situations, and
it may be the only type of evidence available in instances of stalking.
Security/Law Enforcement & How to Make a Police Report
Gladstone Police Department - GDP is the law enforcement agency for the City of
Gladstone and its officers are available 24/7 to respond to emergencies or receive
reports of sexual and relationship violence that occur. GDP can be contacted at
816.436.3550 or by calling 911.
To make a police report, a victim should contact the Gladstone Police Department
listed above either by phone or in-person. The victim should provide as much
information as possible, including name, address, and when and what occurred, to the
best of the victim’s ability.
Information about Legal Protection Orders
In Missouri, victims may obtain an Adult Order of Protection, which provides protective
relief for victims of domestic violence, stalking, or sexual assault. Information about Adult
Orders of Protection may be found at: http://www.courts.mo.gov/page.jsp?id=533.
A protection order may be obtained by filing a petition with the court. Courts can issue two
types of orders: (1) Ex Parte Orders, which act as a temporary emergency order to protect a
victim, for up to 15 days, until a court hearing, and (2) Full Orders of Protection, which may
be issued for up to one year. Additional information about the orders may be found at:
http://www.courts.mo.gov/file.jsp?id=69655.
A Petition for Order of Protection should be filed for in the 16th Circuit of Jackson
County’s Kansas City Courthouse. The address is: 415 E. 12th Street, Kansas City,
Missouri 64106. The phone number is 816-881-3971. More information is available
here: https://www.16thcircuit.org/domestic-violence.
Information about obtaining an Order of Protection in Jackson County can be found
here: https://www.16thcircuit.org/Data/Sites/1/media/Civil_Records/booklet-16.pdf.
The circuit court clerk’s office can provide the necessary forms and may assist in
completing the forms. Forms may also be found online at:
http://www.courts.mo.gov/file.jsp?id=537
A victim should be prepared to present documentation and/or other forms of evidence
when filing for an order of protection.
Victims may contact local domestic violence and sexual assault advocates for assistance in
obtaining a protection order.
• The Kansas City Missouri Police Department provides advocates for victims of domestic
violence through their Victim Services Office. The KCPD is located at: 1125 Locust, Kansas
City, Mo. 64106. The Victim Advocate phone number is: 816- 234-5205. More information
may be found at: https://www.kcpd.org/crime/victim-resources/victim-assistance-unit/
When a protection order is granted, it is enforceable statewide. If you have obtained a
protection order and need it to be enforced in your area, you should contact the local police
department.
The institution will also enforce any temporary restraining order or other no contact order
against the alleged perpetrator from a criminal, civil, or tribal court. Any student or employee
who has a protection order or no contact order should notify the Title IX Coordinator and
provide a copy of the restraining order so that it may be kept on file with the institution and
can be enforced on campus, if necessary. Upon learning of any orders, the institution will
take all reasonable and legal action to implement the order.
• The University does not issue legal orders of protection. However, as a matter of University
policy, the University may impose a no-contact order between individuals in appropriate
circumstances. The University may also issue a “no trespass warning” if information
available leads to a reasonable conclusion that an individual is likely to cause harm to any
member of the campus community. A person found to be in violation of a “no trespass
warning” may be arrested and criminally charged.
Available Victim Services:
Victims will be provided written notification about existing counseling, health, mental health,
victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and
other services available to them, both within the University and in the surrounding
community. Those services include:
Personal Development and Counseling Services – Counseling services are provided
free of charge to all Northwest students, and the University highly recommends that
survivors speak with a counselor. These conversations are confidential in nature. The
PDC is located in the Wellness Center and appointments can be scheduled by calling
660-562-1348.
Student Financial Aid – If you are considering taking a leave of absence from the
University because of the circumstances surrounding your complaint, please keep in
mind that there may be financial aid implications. The Title IX Coordinator or a
Deputy Title IX Coordinator can assist you in contacting the appropriate personnel in
the financial aid office in order to ensure you have an understanding of any financial
aid related issues that may arise. Here is a link to Northwest’s financial aid website
(http://www.nwmissouri.edu/finaid/index.htm).
Off-Campus Resources
North Star Advocacy – The North Star Advocacy can provide a survivor advocate and
residential shelter, and it facilities survivor support groups. To contact CFC, call 660-
562-2320. CFC’s website is https://northstarac.org/
Employee Assistance Program Provides free counseling and referral services to
Northwest employees and their immediate family members. EAP can be contacted by
calling their 24/7 hotline at 1-800-964-3577.
Other Support Agencies/Hotlines:
Missouri Coalition Against Domestic & Sexual Violence: http://www.mocadsv.org/
US Dept. of Justice Office on Violence Against Women: https://www.justice.gov/ovw
National Coalition Against Domestic Violence: http://www.ncadv.org
National Sexual Violence Resource Center: http://www.nsvrc.org/
Stalking Resource Center:
http://www.victimsofcrime.org/ourprograms/stalkingresource-center
National Domestic Violence Hotline: 1-800-799-SAFE (7233)
National Sexual Assault Hotline: 1-800-656-HOPE (4673)
Legal Assistance Free or low cost legal services may be available through Legal Aid
of Western Missouri. You can visit the following websites for more information:
http://www.lawmo.org/ and http://www.lsmo.org/.
Visa and Immigration Assistance:
Immigration Advocates Network:
http://www.immigrationadvocates.org/nonprofit/legaldirectory/sear ch?state=MO
U.S. Citizenship and Immigration Services.
Accommodations and Protective Measures:
The University will provide written notification to victims about options for, and available
assistance in, changing academic, living, transportation, and working situations or protective
measures. If victims request these supportive or protective measures and they are reasonably
available the University is obligated to provide them, regardless of whether the victim
chooses to report the crime to campus security or local law enforcement.
The University will provide written notification to victims about options for, and available
assistance in, changing academic, living, transportation, and working situations or protective
measures. If victims request these supportive or protective measures and they are reasonably
available the University is obligated to provide them, regardless of whether the victim
chooses to report the crime to campus security or local law enforcement.
Request for supportive or protective measures should be made to the Title IX Coordinator at
660.562.1873, and the Title IX Coordinator is responsible for deciding what, if any
supportive or protective measures will be implemented.
When determining the reasonableness of such a request, the University may consider, among
other factors, the following:
The specific need expressed by the complainant.
The age of the students involved.
The severity or pervasiveness of the allegations
Any continuing effects on the complainant
Whether the complainant and alleged perpetrator share the same class or job location.
Whether other judicial measures have been taken to protect the complainant (e.g.,
civil protection orders).
The University will maintain as confidential any accommodations or protective measures
provided a victim to the extent that maintaining confidentiality would not impair the
University’s ability to provide them. However, there may be times when certain information
must be disclosed to a third party in order to implement the accommodation or protective
measure. Such decisions will be made by the University in light of the surrounding
circumstances, and disclosures of this nature will be limited so that only the information
necessary to implement the accommodation or protective measure is provided. In the event it
is necessary to disclose information about a victim in order to provide an accommodation or
protective order, the University will inform the victim of that necessity prior to the disclosure,
Whether the complainant and alleged perpetrator share the same class or job location.
Procedures for Disciplinary Action:
Allegations of domestic violence, dating violence, sexual assault or stalking will be processed
through the institution’s Title IX Sexual Harassment policy and the related complaint
resolution procedures. Allegations of sexual harassment that do not meet the jurisdiction
requirements for Title IX may be addressed using the complaint resolution procedures
outlined in the Non-Discrimination and Anti-Harassment Policy, Student Handbook, Code of
Conduct and Faculty Handbook.
Complaints or notice of alleged policy violations, requests to initiate an investigation, or
inquiries about or concerns regarding the policies may be made to the Title IX Coordinator or
Deputy Coordinator using the contact information below:
Stephanie Krauth, AVP Student Affairs Title IX/Equity, Administration Building 305,
660.562.1873 [email protected]
Krista Barcus, Deputy Title IX Coordinator and AVP Human Resources, Administration
Building 125, 660.562.1128 [email protected]
Sexual harassment reports can also be submitted electronically using this
https://cm.maxient.com/reportingform.php?NorthwestMOStateUniv&layout_id=4. Reports
submitted using this online form will be routed to appropriate University officials for action
during routine business hours; this form should not be used to report emergency situations.
Response Upon Receipt of Formal Complaint of Sexual Harassment
If the Complainant files a Formal Complaint, the Title IX Coordinator will initiate the Formal
Grievance Process which entails: 1) investigation; 2) live hearing with cross-examination of
parties and witnesses; 3) determination of responsibility based on the preponderance of
evidence standard and sanction (if applicable); and 4) option for appeal. A notice will be
provided to the parties of the investigation, including a description of the process to be
utilized, the identities of the parties, the conduct at issue, the dates and location of the alleged
incident. The Notice will also inform both parties that they are entitled to have an advisor of
their choice accompany them to any related meetings or proceeding to provide counsel and
support, although these advisors will not be permitted to speak or advocate for the parties.
The Title IX Coordinator will assign an investigator to investigate the matter. During the
investigation, the Complainant and Respondent will each have an equal opportunity to
describe the situation and present witnesses, including both fact and expert witnesses, and
other supporting evidence. The investigator(s) will review the statements and evidence
presented and may, depending on the circumstances, interview others with relevant
knowledge, review documentary materials, and take any other appropriate action to gather
and consider information relevant to the complaint. Prior to the conclusion of the
investigation, both parties will be provided an opportunity to review the evidence gathered
during the investigation that is directly related to the allegations raised in the formal
complaint.
Upon completion of the investigation, both parties will be given a copy of an investigation
report, and a live hearing will be conducted to make a determination as to whether any
allegations in the complaint were found to be substantiated by a preponderance of the
evidence. The hearing officer assigned by the Title IX Coordinator will prepare a written
determination of responsibility, and whether any remedies will be provided to the
Complainant, and a description of the procedures and permissible grounds for appeal. Title
IX Coordinator will notify the parties of this determination in writing. The institution strives
to complete investigations of this nature within 60 calendar days.
Both parties have an equal opportunity to appeal the determination by filing a written appeal
with the Appeal Officer within 7 business days of being notified of the outcome of the
investigation. The Provost will serve as the Appeal Officer for matters involving student
respondents, and the Vice President of Student Affairs will be the Appeal Officer for matters
Title IX Coordinator within 7 business days of being notified of the outcome of the
investigation. The Title IX Coordinator will appoint an appeal decisionmaker to consider the
appeal and render a decision, typically within 21 days of receipt of request.
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 Coordinator’s approval, to engage in administrative adjudication, 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. Parties may agree to pursue an informal resolution in certain cases (not allowed in
cases where it is alleged that an employee sexually harassed a student) at any time after a
Formal Complaint is filed and before a determination of responsibility is made.
Complaints that Do Not Meet Title IX Policy Jurisdiction Requirements
For complaints that do not meet jurisdictional requirements in the Title IX policy, the Title IX
Coordinator will determine whether to refer the matter to another complaint resolution
process. While the alternate process will involve unbiased investigation and equitable
treatment of the parties, it may not include a live hearing or an appeals process. Both parties
will be notified in writing about the investigation and be given the opportunity to present
evidence and to see and respond to the evidence collected. Both parties are entitled to have an
advisor of their choice accompany them to any related meetings or proceeding to provide
counsel and support, although these advisors will not be permitted to speak or advocate for
the parties.
In cases addressed through the Student Conduct or process identified in the Faculty
Handbook, the investigator will prepare and submit a final report, including a determination
of responsibility made based on a preponderance of the evidence standard. If there is a
finding of responsibility, the investigator will issue a sanction in collaboration with the
applicable university assistant vice president (for students) or HR (for employees). Once a
determination is made, the parties will be provided written notice of the investigation
outcome concurrently, typically within 7 days following the determination.
The University will make a good faith effort to complete the resolution process within a 60
day time period, including appeal, which can be extended as necessary for appropriate cause
by the Title IX Coordinator or appropriate University official, who will provide notice and
rationale for extensions or delays.
Rights of the Parties in an Institutional Proceeding:
During the course of the process described in the previous section, both the accuser and the
individual accused of the offense are entitled to:
1. A prompt, fair and impartial process from the initial investigation to the final result.
o A prompt, fair and impartial process is one that is:
Completed within reasonably prompt timeframes designated by the
institution’s policy, including a process that allows for the extension of
timeframes for good cause, with written notice to the accuser and the
accused of the delay and the reason for the delay.
Conducted in a manner that:
Is consistent with the institution’s policies and transparent to
the accuser and the accused.
Includes timely notice of meetings at which the accuser or
accused, or both, may be present; and
Provides timely access to the accuser, the accused and
appropriate officials to any information that will be used during
the informal and formal disciplinary meetings and hearings.
Conducted by officials who do not have a conflict of interest or bias
for or against the accuser or the accused.
2. Proceedings conducted by officials who, at a minimum, receive annual training on the
issues related to dating violence, domestic violence, sexual assault, and stalking and
on how to conduct an investigation and hearing process that protects the safety of
victims and promotes accountability.
Such training addresses topics such as relevant evidence and how it should be
used during a proceeding, proper techniques for questioning witnesses, basic
procedural rules for conducting a proceeding, and avoiding actual and
perceived conflicts of interest.
3. The same opportunities to have others present during any institutional disciplinary
proceeding, including the opportunity to be accompanied to any related meeting or
proceeding by the advisor of their choice. The institution may not limit the choice of
advisor, but may establish limits regarding the extent to which that advisor may
participate in the proceeding, as long as those limits apply equally to both parties.
4. Have the outcome determined using the preponderance of the evidence standard for
institutional disciplinary proceedings arising from an allegation of dating violence,
domestic violence, sexual assault, or stalking.
5. Simultaneous, written notification of the results of the proceeding, any procedures for
either party to appeal the result, any change to the result, and when the result becomes
final. For this purpose, “result” means “any initial, interim and final decision by an
official or entity authorized to resolve disciplinary matters” and must include the
rationale for reaching the result and any sanctions imposed.
Possible Sanctions or Protective Measures that the University May Impose for
Dating Violence, Domestic Violence, Sexual Assault or Stalking Offenses:
Following a final determination in the institution’s disciplinary proceeding that domestic
violence, dating violence, sexual assault, or stalking has been committed, the institution may
impose a sanction depending on the mitigating and aggravating circumstances involved. The
possible sanctions include:
Expulsion/Termination
Suspension, of a term of at least a semester
Suspension until complainant has graduated or otherwise separated from the
University
Suspension, of a term determined by Human Resources
No-Trespass Order issued through UPD
No-Contact Order issued through Title IX Office
Permanent or temporary ban from living in residence halls
Permanent or temporary ban from participating in student groups or University
sanctioned groups
Permanent or temporary ban from attending University events
Campus probation, for duration of time as student
Staff probation • Termination of admissions or employment offer
Educational and training requirements prior to reinstatement, or in addition to
sanctions
If a suspension is imposed on a student, it may be for part of a semester, a full semester, or an
entire academic year. An employee may be suspended for any length of time determined
appropriate by the AVP of Human Resources in consultation with the Title IX Coordinator.
Following a suspension, the individual will be required to meet with the VP of Student
Affairs (student) or AVP of Human Resources (employee) to discuss re-entry and
expectations going forward.
In addition, the University can make available to the victim a range of supportive/protective
measures. They can include such things as: forbidding the accused from entering the victim’s
residence hall and from communicating with the victim, other institutional no-contact orders,
security escorts, modifications to academic requirements or class schedules, changes in living
or working situations, etc.
If a report is not closed as a result of the preliminary assessment specified in Section IX, the
University 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 University
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 University 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 University
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
University’s ability to provide the Supportive Measures in question.
Publicly Available Recordkeeping:
The University will complete any publicly available recordkeeping, including Clery Act
reporting and disclosures, without the inclusion of personally identifiable information about
victims of dating violence, domestic violence, sexual assault, and stalking who make reports
of such to the University to the extent permitted by law.
Victims to Receive Written Notification of Rights:
When a student or employee reports to the University that he or she has been a victim of
dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred
on or off campus, the University will provide the student or employee a written explanation
of his or her rights and options as described in the paragraphs above.
Sex Offender Registration Program:
The Campus Sex Crimes Prevention Act of 2000 requires institutions of higher education to
advise members of the campus community where they can obtain information provided by
the state concerning registered sex offenders. It also requires sex offenders to notify the state
of each institution of higher education in the state at which they are employed or enrolled or
carrying on a vocation. The state is then required to notify the University of any such
information it receives. Anyone interested in determining whether such persons are on this
campus may do so by contacting the University Police Department at University Police
Department. State registry of sex offender information may be accessed at the following
link:http://www.mshp.dps.mo.gov/MSHPWeb/PatrolDivisions/CRID/SOR/SORPage.html
Timely Warnings and Emergency Response
Timely Warnings
In the event of criminal activity occurring either on campus or off campus that in the
judgment of the University Police Department and Director Northwest-Kansas City
constitutes a serious or continuing threat to members of the campus community, a campus-
wide “timely warning” will be issued. Examples of such situations may include a sexual
assault or a series of motor vehicle thefts in the area that merit a warning because they
present a continuing threat to the campus community. Warnings will be communicated to
students and employees via one or more of the methods discussed later in this section.
Updates to the warnings will be provided as appropriate.
Anyone with information warranting a timely warning should immediately report the
circumstances to:
University Police Department, 660.562.1254
Director-Kansas City Center, 816.261.3767
The University has communicated with local law enforcement asking them to notify the
University if it receives reports or information warranting a timely warning.
Emergency Response
The University has an emergency management plan designed to ensure there is a timely and
effective response in the event of a significant emergency or dangerous situation occurring on
campus involving an immediate threat to the health or safety of members of the campus
community. Such situations include, but are not limited to: tornadoes, bomb threats, chemical
spills, disease outbreaks, fires, active shooters, etc.
The University has communicated with local police requesting their cooperation in informing
the University about situations reported to them that may warrant an emergency response.
Students, staff and visitors are encouraged to notify the University Police Department at
660.562.1254 of any emergency or potentially dangerous situation.
University Police has the responsibility of responding to and summoning the necessary
resources to mitigate, investigate, and document any situation that may cause a significant
emergency or dangerous situation. In addition, University Police has a responsibility to
respond to such incidents so that it can assist in the determination of whether the situation
does in fact pose a threat to the community.
University Police in consultation with other appropriate personnel is primarily responsible for
confirming that there is a significant emergency or dangerous situation on campus that could
cause an immediate threat to the health and safety of the members of the campus community.
There are other departments on campus/off that could be in a position to assist confirming
certain types of emergencies, such as a pandemic flu outbreak, gas leak, etc. University
Police will respond and/or summon the appropriate personal to evaluate the report and
determine the severity of the emergency or dangerous situation. University police will make
the final judgement regarding the severity based on the totality of the information they
observe, receive from others, determine with a validated instrument, etc.
The University Police Department has access to the systems to notify the campus community
of immediate threats that have occurred and necessitate evacuation, shelter in place, or other
actions on the part of students, employees, and campus visitors. University Police and/or
local first responders will assist those preparing the emergency notification with determining
what segment or segments of the University community should receive the notification. If the
emergency affects a significant portion of the entire campus, University officials will
distribute the notification to the entire campus community. However, if appropriate to a
specific incident, University Police does have the capability to activate our simplex alarm
system notifications to the campus community members in the immediate area of the
dangerous situation (i.e. a specific building or adjacent buildings.) In this instance, University
officials will continue to monitor the situation and may send subsequent notifications to a
wider group of community members. Once an emergency notification is made, adequate
follow-up information will be provided to the community as needed. The institution typically
provides follow-up information to the community using the same systems that were used to
send out the original alert.
University Police will, without delay, and taking into account the safety of the community,
determine the content of the notification and initiate the notification system upon the
confirmation of a significant emergency or dangerous situation involving an immediate threat
to the health or safety of student, employees and visitors occurring on or reasonably
contiguous to the campus, unless issuing a notification will, in the professional judgment of
first responders, compromise efforts to assist a victim or to contain, respond to, or otherwise
mitigate the emergency. The typical first responders to an incident that causes an immediate
threat to the health and safety of the Northwest community include University Police,
Maryville Public Safety, Nodaway County Sheriff’s Department, Nodaway County
Ambulance Services, and the Missouri State Highway Patrol. Additional information deemed
appropriate by the University Police Department will be disseminated at different points in
times during and after an incident.
The University Police Chief, the Emergency Coordinator or designee will direct the issuance
of emergency notifications, which will be accomplished using one or more of methods
discussed later in this section, depending on the nature of the threat and the segment of the
campus community being threatened. The University Police leadership will determine the
content of the notification based on each situation. A range of template messages addressing
a variety of emergency situations has been developed. The individual authorizing the alert
will select the template message most appropriate to the ongoing situation. In situations
where there are not pre-determined template messages in the system, the individual
authorizing the alert will develop the most succinct message to convey the appropriate
information to the community. The goal is to ensure individuals are aware of the situation and
that they know the steps to take to safeguard their personal and community safety. At the
direction of the University Police Chief, the Emergency Coordinator or designee will contact
local law enforcement of the emergency if they are not already aware of it and local media
outlets in order that the larger community outside the campus will be aware of the
emergency.
Methods for Issuing Timely Warnings and Emergency Notifications
The method(s) listed below may be utilized when the University issues a timely warning or
emergency notification to the campus community.
Method
Sign-Up Instructions
Email
All Students and employees are enrolled.
Text Messaging
http://www.nwmissouri.edu/alert/index.htm
Testing & Documentation
The University tests its emergency response and evacuation procedures at least once a year.
The tests may be announced or unannounced. Also, at various times University Police will
meet to train and test and evaluate the University’s emergency response plan.
The University Police maintains a record of these tests and training exercises, including a
description of them, the dates and times they were held and an indication of whether they
were announced or unannounced. In connection with at least one such test, the University
will distribute to its students and employees information to remind them of the University’s
emergency response and evacuation procedures.
Crime Statistics
The statistical summary of crimes for this University over the past three calendar years
follows:
On Campus
Non Campus
Public Property
Crime
2022
2021
2020
2022
2021
2020
2022
2021
2020
Murder/Non-Negligent
Manslaughter
0
0
0
0
0
0
0
0
0
Manslaughter by Negligence
0
0
0
0
0
0
0
0
0
Rape
0
0
0
0
0
0
0
0
0
On Campus
Non Campus
Public Property
Crime
2022
2021
2020
2022
2021
2020
2022
2021
2020
Fondling
0
0
0
0
0
0
0
0
0
Statutory Rape
0
0
0
0
0
0
0
0
0
Incest
0
0
0
0
0
0
0
0
0
Aggravated Assault
0
0
0
0
0
0
0
0
0
Burglary
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
Motor Vehicle Theft
0
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
Arrest - Liquor Law Violation
0
0
0
0
0
0
0
0
0
Arrest - Drug Abuse Violation
0
0
0
0
0
0
0
0
0
Arrest - Weapon Violation
0
0
0
0
0
0
0
0
0
Disciplinary Referral - Liquor
Law Violation
0
0
0
0
0
0
0
0
0
Disciplinary Referral - Drug
Abuse Violation
0
0
0
0
0
0
0
0
0
Disciplinary Referral - Weapon
Violation
0
0
0
0
0
0
0
0
0
Domestic Violence
0
0
0
0
0
0
0
0
0
Dating Violence
0
0
0
0
0
0
0
0
0
Stalking
0
0
0
0
0
0
0
0
0
* The University does not have on-campus student housing facilities.
Hate crimes:
2022: No hate crimes reported.
2021: No hate crimes reported.
2020: No hate crimes reported.
Crimes unfounded by the University:
2022: 0 unfounded crimes.
2021: 0 unfounded crimes.
2020: 0 unfounded crimes.
Statistics for unfounded crimes provided by law enforcement agencies:
2022: 0 unfounded crimes.
2021: 0 unfounded crimes.
2020: 0 unfounded crimes.
Data from law enforcement agencies:
The data above reflects statistics provided from law enforcement agencies related to
crimes that occurred on the University’s Clery Geography.