College of the Ozarks

2022 COMBINED ANNUAL SECURITY REPORT & FIRE SAFETY 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 College of the Ozarks ("College") with information on the College'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 College 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 was prepared by Chelsea Couey, Operations Support Coordinator, in cooperation with local law enforcement authorities and includes information provided by them as well as by the College's campus security authorities and various other elements of the College. 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 Berger Building, P.O. Box 17, Point Lookout, MO 65726. The College 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

The College of the Ozarks Public Safety Department is responsible for campus safety at the College.

The College has a private Public Safety Department that works under the direction of the Dean of Work Education. Its jurisdiction covers all campus property. It consists of eight full-time staff officers and two part-time officers. The campus is patrolled twenty-four hours a day, seven days a week by use of foot and vehicle patrols.  Its authority comes from the College, and therefore its personnel do not have arrest authority.  

The Public Safety Department has a close working relationship with local law enforcement agencies, which assist the Public Safety Department when necessary. Although there is no formal memorandum of understanding with the Taney County Sheriff Department, when needed, the College works with that Department to investigate any alleged criminal offenses. To contact the Public Safety Department, call (417) 690-3448 or (417) 690-3000.  The Public Safety Department is located on the bottom floor of the Ernie and Carolyn Watson Student Center. 

Campus Security Authorities

The College 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 College's annual report of crime statistics. The campus security authorities to whom the College would prefer that crimes be reported are listed below.

• Chief Operating Officer at (417) 690-2211 
• Dean of Students at (417) 690-2224 
• Vice President for Academic Affairs at (417) 690-2278 
• Ashcroft Hall Residence Director at (417) 690-2297 
• Barrett Hall Residence Director at (417) 690-3312 
• Foster Hall Residence Director at (417) 690-2202
• Kelce Hall Residence Director at (417) 690-3422 
• Mabee Hall Residence Director at (417) 690-2492 
• Mann Hall Residence Director at (417) 690-2201 
• Memorial Hall Residence Director at (417) 690-2864 
• Youngman Hall Residence Director at (417) 690-2424 
• Dean of Work Education - at (417) 690-2226

Reporting a Crime or Emergency

• The College encourages accurate and prompt reporting of all criminal actions, emergencies, or other incidents occurring on campus, on other property owned by the College, or on nearby public property to the Public Safety Department. Such a report is encouraged even when the victim of a crime elects not to make a report or is unable to do so. Such reports should be made as follows:  
• Situations that pose 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. After making the 911 call, also call the College switchboard at (417) 690-3000 to contact one of the campus public safety authorities identified above.
• Anonymous incident reports can also be made by contacting the Public Safety Department or a Mandatory Reporter. If the student makes a report with any mandated reporter, the mandated reporter should notify the Staff Officer.  Reports can be made listing the individual as anonymous to protect them if requested.

Confidential Reporting

The College will protect the confidentiality of victims related to alleged criminal activity and/or emergencies. Only authorized persons may be provided information for purposes of investigating the crime, assisting the victim, or disciplining the perpetrator will know the victim’s identity. Moreover, the College will withhold the identity of victims in publicly available records, to the extent permitted by law.  

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. Only with permission from the victim may a report of the incident be filed without revealing the victim’s identity.  Such a confidential report complies with the victim’s wishes, but still helps the College take appropriate steps to ensure the future safety of the victim and others. With such information, the College can keep an accurate record of the number of incidents involving students, 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 College. 

Mandatory Reporters include all College employees. The name and contact information for the Title IX Coordinator is:

Weston T. Wiebe
Chief Operating Officer and Title IX Coordinator
c/o Business Office
P.O. Box 17
Point Lookout, MO 65726
417-334-6411
wwiebe@cofo.edu

The sole exceptions to the mandatory reporting requirement for employees are the Vice President of Christian Ministries, the College Counselor, and the Campus Nurse (“Confidential Resources”) who are not mandatory reporters and who are available to have confidential conversations with students.

The contact information for Confidential Resources is:

Justin Carswell
Vice President for Christian Ministries
c/o Christian Ministries
P.O. Box 17
Point Lookout, MO 65726
417-690-3446
carswell@cofo.edu

Pat McLean
Counselor
c/o Counseling Department
P.O. Box 17
Point Lookout, MO 65726
417-690-3441
mclean@cofo.edu

Sheri Nelson
Counselor
c/o Counseling Department
P.O. Box 17
Point Lookout, MO 65726
417-690-3441
snelson@cofo.edu

Jess Keys
Counselor
c/o Counseling Department
P.O. Box 17
Point Lookout, MO 65726
417-690-3441
jkeys@cofo.edu

Stacy Lundeen
Campus Nurse
c/o Armstrong McDonald Clinic
P.O. Box 17
Point Lookout, MO 65726
417-690-2582
slundeen@cofo.edu

The College provides professional counseling through the Student Counseling Center located in the Gittinger Christian Ministries Building. Any student can seek professional counseling.  The counselors abide by their professional standards regarding confidentiality.  

The College encourages its pastoral and professional counselors, 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

Campus buildings are locked and unlocked on a set schedule or by order of a facilities permit. Residence hall staff members work at the front desk of each residence hall and do regular walks through the buildings. Buildings also are randomly checked by public safety officers during each shift. Students living on campus are issued room keys specific to their housing assignment and may be provided access to additional facilities based upon the student’s work assignment.  All residence halls and academic buildings are equipped with access control systems that require authorized access cards for entry. 

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 that 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 his/her 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. 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

The Public Safety Department works with other departments to identify needs on the campus when maintaining campus facilities. They do safety checks to identify street or safety lights that are not working, or shrubs or other landscaping that might need trimming. Public Safety also identifies any potential problems that need to be addressed with large events and safety considerations that need to be addressed in the planning of the events. 

Educational Programs Related to Security Awareness and Prevention of Criminal Activity

College of the Ozarks 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. A description of those programs and their frequency of presentation follows: 

• At the beginning of each semester, the director of public safety, David Kempf, addresses security and safety procedures with new students during student orientation.  Residence directors remind all resident students of security and safety procedures during mandatory housing meetings which occur at the beginning of each term.  In addition, students are reminded of the guardian app and RAVE alert communication systems. 
• When necessary, employees and students are informed about ways to prevent crime.  Usually this includes written communication from school administration, via campus postings, email distribution, or internet posting.  Information regarding crime prevention tips and where to go to report criminal or suspicious activity will be communicated via email or text messaging through the College’s mass notification systems.

Monitoring Off Campus Locations of Recognized Student Organizations

The College monitors and records, through local police agencies, any criminal activity in which students have engaged at off-campus locations of student organizations officially recognized by the College, including student organizations with off-campus housing facilities.

Disclosure of the Outcome of a Crime of Violence or Non-Forcible Sex Offense

Upon written request, the College 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 College against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased because 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

To promote its fundamental mission, a student at the College agrees to follow the College’s Zero Tolerance Policy which prohibits the illegal sale, use, purchase, possession, distribution, manufacture, or dispensation of drugs, controlled substances, or drug paraphernalia and prohibits the sale, use, purchase, possession, distribution, manufacture, or dispensation of alcohol by any student, regardless of age. These prohibitions apply to actions both on and off College property or at any College sanctioned event.

Violation of the Zero Tolerance Policy will be considered a major violation of Disciplinary Procedures which may lead to dismissal. The display of any advertising for illegal drugs, illegal controlled substances, drug paraphernalia, or alcoholic beverages, including containers, is not allowed at the College. This includes, but is not limited to clothing, signs, lamps, posters, and vehicles on campus.

Employees will be subject to discharge if they (i) illegally sell, use, possess, purchase, distribute, manufacture, or dispense drugs or controlled substances while on the job, on College property, or at a College sanctioned event; or (ii) sell, use, purchase, possess, distribute, manufacture, or dispense alcohol while on the job, on College property, or at a College sanctioned event. Employees who illegally sell, use, purchase, possess, distribute, manufacture, or dispense alcohol, drugs or controlled substances on their own time and away from College property or events will be subject to disciplinary action up to and including discharge, if the College determines that such involvement has an adverse effect on the College.

Any employee who is convicted of a drug related crime occurring in the workplace must report the conviction within five calendar days of the conviction to Dr. Weston Wiebe. Such employee will receive disciplinary action, up to and including discharge.

Local, state, and federal laws prohibit the illegal sale, use, purchase, possession, distribution, manufacture, or dispensation of drugs, controlled substances, or alcohol. Criminal penalties for violating these laws range from fines to imprisonment for terms up to and including life in prison. In addition to any punishment imposed by the College, any student suspected of violating any federal, state, or local law proscribing the sale, use, purchase, possession, distribution, manufacture, or dispensation of drugs, controlled substances, or alcohol will be referred to the appropriate law enforcement agency.

The College’s campus is in a state where the sale, use, purchase, possession, distribution, manufacture, or dispensation of cannabis (marijuana) has been decriminalized by state law when used for medical purposes with a valid physician’s certification. However, cannabis remains a controlled substance whose sale, use, purchase, possession, distribution, manufacture, or dispensation is prohibited by and illegal under the federal Controlled Substances Act. Therefore, students at the College remain subject to Disciplinary Procedures under the Zero Tolerance Policy for the sale, use, purchase, possession, distribution, manufacture, or dispensation of cannabis, even with a physician’s certification. 

The College reserves the right to require a drug test from a student or employee where there is a reasonable suspicion that the College’s drug free policy has been violated. Failure to submit to a drug test is a major violation of the disciplinary rules and will result in suspension or expulsion.

The College enforces the state's underage drinking laws.  The College also enforces federal and state drug laws. 

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/2022-07/Federal_Trafficking_Penalties_Chart_6-23-22.pdf

Drug and Alcohol State Laws
 

Drug and Alcohol Abuse Prevention Program

The College’s Zero Tolerance Policy is discussed with applicants at the time they are interviewed for admission. After admission the Policy and the effects of alcohol and drugs are discussed at Character Camp and in various forums and convocations. As required under the Drug-Free Schools and Communities Act of 1989 https://www.congress.gov/bill/101st-congress/house-bill/3614 this policy is distributed annually to students and employees of the college. Students or employees may seek counseling related to alcohol and drugs through the campus Counseling Center. The employees/staff can refer to the Staff Drug and Alcohol Policy. Upon request confidential referrals to outside counselors can also be made.  Detailed information about the physical effects of alcohol and drugs, penalties for convictions, and substance abuse prevention education programs and resources is available at the following link:  https://www.cofo.edu/About/Consumer-Information#Drug-Free%20College.  The College catalog sent out annually also references our drug free college policy: https://catalog.cofo.edu/content.php?catoid=17&navoid=803 . Additionally, the College's biennial review report can be found at Biennial Review (cofo.edu). 

Policies, Procedures, and Programs Related to Dating Violence, Domestic Violence, Sexual Assault, and Stalking

Consistent with applicable laws, the College prohibits dating violence, domestic violence, sexual assault, and stalking. The College's policy used to address complaints of this nature, as well as the procedures for filing, investigating and resolving complaints, may be found at:

• Sexual Harassment Policy: http://images.cofo.edu/cofo/SexualHarassmentPolicy2020v3.pdf
• Disciplinary Policies and Procedures:

Disciplinary Policies and Procedures - College of the Ozarks - Acalog ACMS™ (cofo.edu)

The following sections of this report discuss the College'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 College conducts a Primary Prevention and Awareness Program (PPAP) for all incoming students and new employees. The PPAP advises campus community members that the College 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

College Definition of Consent

“Consent ” refers to words or 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. Consent must be given voluntarily. It cannot be procured through physical violence, threats, blackmail, or other unreasonable pressure for sexual activity. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Previous relationships or prior consent do not imply consent to future sexual acts. To give effective consent, a person must be of legal age.

Risk Reduction

If you find yourself in an uncomfortable sexual situation, these suggestions may help you reduce your risk:

• Make your limits known.
• 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.
• Initiators of sexual behavior should stop immediately and report this behavior to the dean of students. 

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.

Bystander Intervention

In addition to reporting incidents to appropriate authorities, below are some ways 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 College 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 College provides primary prevention and awareness programs for new students and employees. The following is a description of them:

• Each semester, all new students will participate in awareness and prevention programs offered through the new student orientation.
• Residence hall programs occur each year focusing on healthy relationships.
• The residence halls will provide prevention and awareness information at the beginning of the semester mandatory meetings. 

The College also provides ongoing prevention and awareness campaigns for all students and employees. The following is a description of them:

• Programs on healthy relationships offered through Christian Ministries.
• Individual and group counseling are available through licensed counselors in the Student Counselling Center.
• Annual sexual harassment training is required for all employees.

Procedures to Follow if You are a Victim of Dating Violence, Domestic Violence, Sexual Assault, or Stalking:

If you are a victim of a sexual assault, go to a safe place and call 911 or the Public Safety Department at (417) 690-3448.  You should also contact the College’s Title IX Coordinator, Dr. Weston Wiebe at (417) 690-2211.

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 Cox Medical Center-Branson, 525 Branson Landing Blvd, Branson, MO  65616, (417) 335-7000.

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 later 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

• Public Safety Department at (417)690-3448 
• Taney County Sheriff's Office, (417)546-7250, 266 Main Street, Forsyth, MO 65653 
• To make a police report, a victim should contact the local police agency 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

To obtain an order of protection (Ex Parte), the petitioner (victim) would need to complete the required court forms (petition) with the Circuit Court of their residence.  If the student lives in the dorms of the College, then the student can file with the Taney County Circuit Court Clerk located in Forsyth MO.  Once the forms are complete, the Court Clerk will review it and then deliver it to a Circuit Judge for review.  After the Circuit Judge reviews it, the Judge may sign the form and a court date will be assigned.  The court date is usually within 15 days of the date signed by the Judge.  The Circuit Court will then prepare a legal copy of the petition to be given to the County Law Enforcement Agency where the respondent (suspect) resides to be served.  To obtain an emergency order of protection, the student would need to contact the local Sheriff’s Department who will contact the on-call Court Clerk.

Once a student is granted an order of protection, the student is to provide a copy to the Department of Public Safety and the Dean of Students.  If enough information on the respondent is available, this information can be entered into the PlateSmart Program and alert the Staff Officers upon attempted entrance to the college. 

David Kempf, Director of Public Safety
417.690.3448
Ryan Knight, Dean of Students
417.690.2224

Any student or employee who has a restraining order, order of protection, no contact order or any other such order issued by any court or the College against another individual (whether or not that individual is also a student or employee of the College) is highly encouraged to notify a campus public safety authority of the threat and to provide a copy of the restraining order so that it can be kept on file with the Public Safety Department. Interim measures and possible further restrictions may be enforced as necessary. 

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 College and in the surrounding community. Those services include:

College Resources

• College of the Ozarks Armstrong McDonald Clinic - The campus health clinic helps to serve the basic health and medical needs of the College’s students, faculty, and staff. The clinic sees approximately four to five thousand students and employees in one year’s time.  Students and employees are seen for sickness, work related accidents, immunization updates, and physical examinations. Employees are seen for workman’s comp accidents, or BP checks.
• Christian Counseling Center - Offers the following services: 
  • Individual Counseling - Our counselors and graduate interns will meet with you for assessment and short-term counseling (6-12 sessions)
  • Brief Consultations - Our counselors and graduate interns will assist you with any questions or concerns, regarding friends, roommates, family members, and/or college life and the adjustments, which accompany it. Nothing is a waste of time to talk through: if you are questioning or wondering, it’s important, and we want to help.
  • Outside Services - We will help you connect with providers outside College of the Ozarks, if desired.
  • Workshops and Presentations - Our counselors are available to speak to your group about mental health issues, and building healthy boundaries, and relationships. 
  • Relationship Coaching - With the right tools, we can help you succeed relationally: from friendship to marital counseling, our trained marriage family therapists will help guide you toward your relational dreams.
• Student Financial Aid – Sometimes a victim of a crime may feel the need to take a leave of absence from school. If a student is considering a leave of absence based on the circumstances of a complaint, he/she should understand there may be financial aid implications in taking such leave. This should be discussed with financial aid personnel, and the Title IX Coordinator can assist in facilitating this conversation if desired. The Colleges financial aid website can be found at: https://www.cofo.edu/Admissions/Cost-Financial-Aid/Financial-Aid-Policies

State/Local Resources

• Cox Medical Center Branson 1-417-335-7000, Mercy Branson 1-417-337-9808
• Murrell Counseling Services 1-417-881-1580, Burrell Behavioral Health 1-417-269-0390
• Taney County Crisis Center 1-866-379-0074
• Legal Services of Southern Missouri 1-417-255-0348

National Resources

• National Domestic Violence Hotline: 1-800-799-7233
• National Sexual Assault Hotline: 1-800-656-4673
• Rape, Abuse and Incest National Network (RAINN): https://www.rainn.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/
• U.S. Citizenship and Immigration Services: https://www.uscis.gov/
• Immigration Advocates Network: https://www.immigrationadvocates.org/

Accommodations and Protective Measures:

The College 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 accommodations or protective measures and they are reasonably available, the College is obligated to provide them, regardless of whether the victim chooses to report the crime to campus security or local law enforcement. Students can request accommodations to the following:

Dr. Eric Bolger 
Vice President of Academic Affairs / Dean of the College of the Ozarks
417.690.2396
bolger@cofo.edu

Dr. Ryan Knight
Dean of Students
417.690.2224
rknight@cofo.edu

Dr. Nicolas Sharp
Dean of Work Education
417.690.2373
sharp@cofo.edu

When determining the reasonableness of such a request, the College 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 College will maintain as confidential any accommodation or protective measures provided for a victim to the extent that maintaining confidentiality would not impair the College’s ability to provide them. However, there may be times when certain information must be disclosed to a third party to implement the accommodation or protective measure. Such decisions will be made by the College considering 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 to provide an accommodation or protective order, the College will inform the victim of that necessity prior to the disclosure, including which information will be shared, with whom it will be shared and why.

Procedures for Disciplinary Action:

Allegations of domestic violence, dating violence, sexual assault or stalking will be processed through the College's Sexual Harassment Policy and Disciplinary Policies and Procedures.

The procedures are utilized whenever or wherever a complaint is made, regardless of the status of the complainant and the respondent. 

Pursuant to the Sexual Harassment Policy, 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.

Other behaviors in violation of the student code of conduct that are considered to be a disciplinary infringement, infraction, or major violation will be handled by the Dean of Students.  The Dean of Students will determine the seriousness of the charges (infringement, infraction, or major violation). If the alleged conduct is an infringement, infraction or major violation, the Dean of Students will conduct a hearing to determine if a violation has occurred. If a violation has occurred, the Dean of Students will determine the appropriate consequences. Penalties include official warning, temporary restrictions, housing status review, counseling, fines, administrative reprimand, disciplinary probation, disciplinary suspension, or disciplinary dismissal, which are defined in this policy. The student may appeal the Dean of Student’s decision to the Campus Disciplinary Board by following the appeals process.

Title IX Coordinator

Weston T. Wiebe
Chief Operating Officer
417-690-2211
Berger Building
wwiebe@cofo.edu

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.  A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the College investigate and adjudicate a report of Sexual Harassment.  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.

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.

A person may also file a complaint of sexual harassment 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.

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.

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 decide as to whether any allegations are the complaint were found to be substantiated by a preponderance of the evidence.  During the hearing, each party's advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions including those bearing on credibility.  The decision maker(s) will issue a written determination of responsibility, a statement of any disciplinary sanctions and whether any remedies will be provided to the complainant and a description of the procedures and permissible grounds for appeal.  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.

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.  The Title IX Coordinator will appoint an administrative officer who will provide an opportunity for the parties to respond to the investigation report and meet with the officer.  The officer will then decide and issue a written decision regarding responsibility and, if applicable, any sanctions, including a description of the procedures and permissible grounds for appeal.  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.

Both parties have an equal opportunity to appeal the determination by filing a written appeal. 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 three (3) days of the other party appealing, whichever is later. The appeal must be submitted in writing to the appeal officer. The other party will have seven (7) days to submit written opposition.  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. 

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 informal resolution.  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. Absent extension by the Title IX Coordinator, any informal resolution process must be completed within twenty-one (21) days. Informal resolution will not be permitted if the Respondent is a non-student employee accused of committing Sexual Harassment against a student.

Rights of the Parties in an Institutional Proceeding:

During 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 result. 
   • 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 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 completed by the Title IX Coordinator, Hearing officer, and Advisors addresses topics such as the definition of sexual harassment; the scope of the College's educational programs and activities; how to conduct investigations, hearings, and appeals and informal resolutions (as applicable); 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. Trainings include Husch Blackwell Title IX & Sexual Harassment Response and Husch Blackwell Title IX Training for Advisors.
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 if those limits apply equally to both parties. 

1. Have the outcome determined using the preponderance of the evidence standard.
2. 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 College May Impose for Dating Violence, Domestic Violence, Sexual Assault or Stalking Offenses List all sanctions: 

Following a final determination in the institution’s disciplinary proceeding that dating violence, domestic 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 under the Title IX process include: warning; required counseling; probation; suspension; expulsion/termination; denial of specified social privileges; exclusion from extracurricular and intercollegiate athletics; exclusion from designated areas of campus; no-contact orders; or loss of privileges/restriction on eligibility to represent the College at any official function. 

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. Following a suspension, the individual will be required to meet with the Title IX Coordinator to discuss re-entry and expectations going forward.

Following the receipt of a report of dating violence, domestic violence, sexual assault, or stalking, the Title IX Coordinator will determine what types of reasonable accommodations and protective measures, if any, are appropriate based on the particular circumstances. Protective measures are available to both the complainant and the respondent, regardless of whether a formal Title IX complaint is filed. When deemed in the best interests to protect the parties and the College community, the following protective measures may be implemented with proper notice to both parties: providing information on available medical services; offering access to counseling services and assistance in setting up the initial counseling appointment; imposition of a "no-contact letter;" limiting an individual's access to certain College facilities or activities pending resolution of the matter; altering work arrangements for employees or student-employees; providing an escort to ensure safe movement between classes or activities; offering academic support such as tutoring, extensions of deadlines, providing alternative course completion options, or transfer in class section; and any other remedy that can be tailored to protect the parties and achieve the goals of the response process.

Publicly Available Recordkeeping:

The College 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 College to the extent permitted by law.

Victims to Receive Written Notification of Rights:

When a student or employee reports to the College 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 College 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 College of any such information it receives. Anyone interested in determining whether such people are on this campus may do so by contacting the Dean of Work Education at Dean of Work Education. State registry of sex offender information may be accessed at the following link:http://www.mshp.dps.missouri.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 Dean of Work Education 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:

• Chief Operating Officer, (417) 690-2211
• Dean of Work Education, (417) 690-2226

The College has communicated with local law enforcement asking them to notify the College if it receives reports or information warranting a timely warning.

Emergency Response

Communication of a campus emergency includes utilizing the College website, campus email, third party mass notification via text and email, and the use of campus sirens. Notification will include the nature of the emergency as well as what actions to take during the emergency.  Emergency notification systems are practiced at the beginning of each term. 

The College has a crisis 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, or armed intruders. The College has communicated with local police requesting their cooperation in informing the College about situations reported to them that may warrant an emergency response. Students, staff and visitors are encouraged to notify the Public Safety Department, (417) 690-3448 or the Dean of Work Educations at (417) 690-2226 of any emergency or potentially dangerous situations.

Once the emergency is confirmed, the College community, and the necessary constituents will be notified. The Chief Operating Officer in collaboration with other appropriate personnel, will determine who should be notified and will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. Depending on the segments of the campus the notification will target, the content of the notification may differ. When appropriate, the content of the notification will be determined in consultation with local authorities. Also as appropriate, the notification will give guidance as to whether its recipients should shelter in place or evacuate their location. 

The Dean of Work Education will access available sources of information from campus administrative staff and local authorities to confirm the existence of the danger.  The Dean of Work Education in collaboration with the Chief Operating Officer will be responsible for initiating the College’s response and for marshaling the appropriate local emergency response authorities for assistance. Depending on the nature of the emergency, other College departments may be involved in the confirmation process. 

The Dean of Work Education 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 College will utilize the institution’s website and local media outlets to disseminate emergency information to the larger community; that is those outside of the campus community. 

Methods for Issuing Timely Warnings and Emergency Notifications

The method(s) listed below may be utilized when the College issues a timely warning or emergency notification to the campus community.

Testing & Documentation

The College tests its emergency response and evacuation procedures at least twice a year. Also, at various times the Crisis Management Team will meet to train, test, and evaluate the College’s crisis response plan.

The Operations Support Coordinator 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 College will distribute to its students and employees’ information to remind them of the College’s emergency response and evacuation procedures. 

Missing Student Policy

If a member of the College community has reason to believe that a student who resides in on-campus housing is missing, that information should be reported immediately to the Dean of Students. The Dean of Students Office is located on the first floor of the McDonald Administration Building and the phone number is (417) 690-2224. The College Public Safety Department will be immediately notified, and an investigation initiated. 

A student’s confidential contact information will be accessible only by authorized campus officials and law enforcement during the investigation. 

After investigating a missing person report, the College will notify local law enforcement authorities that a student is missing within 24 hours of making that determination, unless the local law enforcement authority was the entity that made the determination that the student is missing. If the missing student is under the age of 18 and is not emancipated, the College will notify that student’s custodial parent or legal guardian within 24 hours of the determination that the student is missing, in addition to notifying any additional contact person designated by the student.

Crime Statistics

The statistical summary of crimes for this College over the past three calendar years follows:

Hate crimes:

2022: No hate crimes reported.
2021: No hate crimes reported.
2020: No hate crimes reported.

Crimes unfounded by the College:

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 College’s Clery Geography.
• The College was provided with some crime data from law enforcement agencies for which it cannot be determined whether any of the statistics apply to or include the College’s Clery Geography.

Annual Fire Safety Report

Housing Facilities and Fire Safety Systems

The College maintains on-campus housing for its students. Below is a description of fire safety systems and the number of fire drills conducted during the previous calendar year. 

Campus: College of the Ozarks, 100 Opportunity Avenue, Point Lookout, MO 65726

Policies on Portable Appliances, Smoking and Open Flames

The use of open flames, such as candles, and the burning of such things as incense, and smoking are prohibited in campus housing. Only surge-protected extension cords are permitted. Only the following portable cooking appliances are permitted to be used in campus housing: Microwaves, and other non-exposed heating element types of cooking appliances.  Also, tampering with fire safety systems is prohibited and any such tampering may lead to appropriate disciplinary action.  

The College reserves the right to make periodic inspections of campus housing to ensure fire safety systems are operational and that the policy on prohibited items is being complied with. Prohibited items will be confiscated and donated or discarded if found without reimbursement.

Fire Evacuation Procedures

In the event of a fire, the College expects that all campus community members will evacuate by the nearest exit, closing doors and activating the fire alarm system (if one is nearby) as they leave. If circumstances permit at the time of the evacuation, additional instructions will be given regarding where personnel are to relocate. 

Fire Education and Training Programs

Fire safety education programs for all residents of on-campus student housing and all employees with responsibilities related to that housing are held at the beginning of each semester. Their purpose is to: familiarize everyone with the fire safety system in each facility, train them in procedures to follow if there is a fire and inform them of the College’s fire safety policies. Information distributed includes maps of each facility’s evacuation route and any fire alarms and fire suppression equipment available in the facility. Attendees are advised that participation in fire drills is expected and any student with a disability is given the option of having a “buddy” assigned to assist him or her. 

Reporting Fires

The College is required to disclose each year statistical data on all fires that occurred in on-campus student housing. When a fire alarm is pulled and/or the fire department responds to a fire, these incidents are captured. If you encounter a fire that presents an emergency, ensure your own safety, and then please call 911.

There may also be instances when a fire is extinguished quickly, and an alarm is not pulled or a response by the fire department was not necessary. It is important that these incidents be recorded as well. Therefore, if you are aware of such a fire, see evidence of one or hear about one, you should contact the Public Safety Department. When providing notification of a fire, give as much information as possible about the location, date, time, and cause of the fire.

Plans for Future Improvements

As residence halls are constructed, the buildings are built to the standards of the National Fire Protection Association (NFPA) for the time in which the building is built.  This includes central fire alarm systems, fire notification, and fire suppression systems. As buildings are renovated, they are brought up to code for the type of structure and purpose for which they were designed. Currently, there are no plans for any future improvements in fire safety.

Fire Statistics

College of the Ozarks

2022
No fires were reported in 2022.

2021
No fires were reported in 2021.

2020
No fires were reported in 2020.