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SECURITY AND FIRE SAFETY

COLLEGE OF THE OZARKS  
ANNUAL SECURITY REPORT AND FIRE SAFETY REPORTS

Annual Security Report

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 is prepared by the Campus Support Manager 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 Diana Winkle, 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 of the Ozarks 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 1 part-time officer. 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 Good College 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    
Dean of Work Education at (417) 690-2226    
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

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 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 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.    
• Students, staff, and visitors should report criminal actions, accidents, injuries, or other emergency incidents to one of the campus public safety authorities identified above. Once reported, the individual making the report will be encouraged to also report it to appropriate police agencies. If requested, a member of the College staff will assist a student in making the report to the police.    
• Anonymous incident reports can also be made contacting the Public Safety Department or a Mandatory Reporter. If the student makes a report with any mandated reporter, the mandated reporter should notify a 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. 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. Moreover, the College will withhold the identity of victims in publicly available records, to the extent permitted by law.

Pursuant to the College’s Title IX Policy, when an employee who is not a confidential resource becomes aware of alleged misconduct under the policy, the employee must report it to the Title IX coordinator, including the status of the parties if known. A victim of other types of crimes (e.g., aggravated assault, burglary, etc.) who does not want to pursue action within the College disciplinary system, or the criminal justice system is nevertheless encouraged to make a confidential report to a campus security authority. With the victim’s consent, a report of the details of the incident can 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.    
Any person may report Sexual Harassment to the Title IX Coordinator. Reports may be made in person, by regular mail, telephone, electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. In person reports must be made during normal business hours, but reports can be made by regular mail, telephone, or electronic mail at any time, including outside normal business hours. The name and contact information for the Title IX Coordinator is:    
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    
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.    
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

Reuben Smith    
Counselor    
c/o Counseling Department    
P.O. Box 17    
Point Lookout, MO 65726    
417-690-3441    
rsmith@cofo.edu

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

Staci 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 and pastoral 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, 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    
Campus buildings are locked and unlocked on a set schedule or by order of a facilities permit. Residence hall staff members work 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 keys for residence hall rooms and may be issued keys to other buildings based upon the student’s work assignment. All exterior doors of the residence halls and other areas may have access cards or access codes for security purposes as well.

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, including student 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. 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    
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    
The College 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.

• At the beginning of each semester, security and safety procedures are discussed with new students during new student orientation. Additionally, security and safety procedures are reviewed with students living on campus at the beginning of each term. This includes encouraging students to be alert to security situations and to assist the school in preventing crimes from occurring through awareness and communication.

• 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 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

In order 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.

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 located 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 08.04.2022)

Denial of Federal Benefits (21 U.S.C. § 862) A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions, successful completion of a drug treatment program, including periodic testing, and appropriate community service, or any combination of the three.

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.    
In the case of a controlled substance in schedule I or schedule II, GHB, or flunitrazepam, 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.

Drug and Alcohol State Laws


Category

Summary (Missouri Revised Statues)

Possession of MarijuanaThe use of recreational marijuana is illegal and marijuana is 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 more 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). Medical marijuana for certain conditions is allowed, and up to four ounces may be purchased every 30 days. Mo. Const. art. XIV § 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

Controlled SubstancesMissouri 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, with 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 fine 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, resulting in imprisonment between 10 or 30 years or life imprisonment. §§ 579.030, 558.011.
Alcohol and MinorsIn 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).

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), the College’s 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. 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 annual 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 https://www.cofo.edu/About/Consumer-Information/Biennial-Review.

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:

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

Crime Type (Missouri Revised Statues)

Definitions

Dating ViolenceThe 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):

  • "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 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.
    • 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) The 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 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 AssaultThe institution has determined, based on good-faith research, that Missouri's criminal statutes do not define the term sexual assault.    
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. § 566.030.1): 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 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.
  • Rape in the Second Degree (Mo. Rev. Stat. § 566.030.1): 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. § 566.032.1): 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. § 566.060.1): 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 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. § 566.061.1): 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. § 566.062.1): 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. § 566.064.1): 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. § 566.067.1): 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. § 566.068.1): 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. § 566.069.1): 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. § 566.071.1): 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. § 566.083.1): 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 which 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 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 breasts 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. § 566.093.1): 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. § 566.095.1): 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. § 566.100.1): 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. § 566.101.1): 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 known 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 nature or harmfulness of the conduct charged to constitute the offense; or (c) It is induced by force, duress or deception.

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. In order 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.

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.     
• Programs on healthy relationships offered through Christian Ministries.     
• Individual and group counseling available through licensed counselors in the Student Counseling 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 may 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:

  • 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).
  • 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.
  • 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.
  • 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 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

  • 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 make contact with 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.    
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 and can be enforced, if necessary.    
The College does not issue legal orders of protection. However, as a matter of institutional policy, the College may impose a no-contact order between individuals in appropriate circumstances. The College 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 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 for the College’s students and employees. The clinic sees approximately four to five thousand students, faculty, and staff in one year’s time. Students are seen for sickness, work related accidents, immunization updates, and physical examinations. Faculty and Staff 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

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.

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 accommodations or protective measures provided 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 in order to implement the accommodation or protective measure. Such decisions will be made by the College 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 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 Sexual Harassment Hearing 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.    

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.    
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 make a determination as to whether any allegations in 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 make a determination 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 course of the process described in the previous section, both the accuser and the individual accused of the offense are entitled to:

  • A prompt, fair and impartial process from the initial investigation to the final 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 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.
  • 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 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.
  • 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.

 

  • Have the outcome determined using the preponderance of the evidence standard.
  • 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:

Following a final determination in the College’s disciplinary proceeding that one of the above offenses has been committed, the College may impose a range of penalties depending on the mitigating and aggravating circumstances involved. Disciplinary measures include, but are not limited to administrative reprimand, disciplinary probation, disciplinary suspension, or disciplinary dismissal.    
In addition, the College can make available to the victim a range of protective measures. They include: 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 working situations, etc.

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 persons are on this campus may do so by contacting the Dean of Work Education at 417-690-2226. 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 the Dean of Work Education constitutes an ongoing or continuing threat, a campus-wide “timely warning” will be issued. Examples would be a rash of motor vehicle thefts or sexual assaults in the area that merit a warning because they present a continuing threat to the campus community. This warning will be communicated to students and employees by email and text messaging. 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    
Each semester, the College notifies the campus community regarding the methods that would be used in the event of an emergency. 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.    

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.    
Students, staff, and visitors are encouraged to notify the Dean of Work Education at 417-690-2226 any emergency or potentially dangerous situation.    
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.    
Once the emergency is confirmed, the College community, or appropriate segments of it, 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 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.

MethodSign Up Instructions
Campus SirensAutomatic
EmailAutomatic
Text MessagingLogin into Campus Web, Resources Page, Rave Mobility Link
Rave Guardian Mobile App NotificationsDownload App on Smartphone, Create Username/Login using COFO email address
AlertusAutomatically appears on all college owned computers when powered on
Rave Alerting SystemAutomatic

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 Campus Support Manager 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 employee’s 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.   
In addition to registering a general emergency contact, students residing in on-campus housing have the option to identify confidentially an individual whom the College will contact within 24 hours of the determination that the student is missing.  If a student has identified such an individual, the College will notify that individual no later than 24 hours after the student is determined to be missing.  The option to identify a contact person in the event the student is determined missing is in addition to identifying a general emergency contact person, but they can be the same individual for both purposes. A student who wishes to designate a confidential contact may do so by providing the appropriate information to the Dean of Students. A student’s confidential contact information will be accessible only by authorized campus officials and law enforcement in the course of 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:

 

On Campus

On Campus Housing

Non-Campus

Public Property

Crime

2021

2020

2019

2021

2020

2019

2021

2020

2019

2021

2020

2019

Murder/Non-Negligent Manslaughter000000000000
Manslaughter by Negligence000000000000
Rape000000000000
Fondling000000000000
Statutory Rape000000000000
Incest000000000000
Aggravated Assault000000000000
Burglary001000000000
Robbery000000000000
Motor Vehicle Theft000000000000
Arson000000000000
Arrest - Liquor Law Violation200000000000
Arrest - Drug Abuse Violation000000000000
Arrest - Weapon Violation000000000000
Disciplinary Referral - Liquor Law Violation000000000000
Disciplinary Referral - Drug Abuse Violation000000000000
Disciplinary Referral - Weapon Violation000000000000
Domestic Violence000000000000
Dating Violence000000000000
Stalking000000000000

Hate crimes:

2021: No hate crimes reported.  
2020: No hate crimes reported.  
2019: No hate crimes reported.

Crimes unfounded by the College:

2021: 0 unfounded crimes.  
2020: 0 unfounded crimes.  
2019: 0 unfounded crimes.  
Statistics for unfounded crimes provided by law enforcement agencies:  
2021: 0 unfounded crimes.  
2020: 0 unfounded crimes.  
2019: 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.

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


Facility

Fire Alarm Monitoring Done by 3rd Party

Partial Sprinkler System

Full Sprinkler System

Smoke Detection

Fire Extinguisher Devices

Evacuation Plans & Placards

Number of evacuation (fire) drills in previous calendar year

Ashcroft Hall, 159 RM Good Drive

X

 

X

X

X

X

2

Barrett Hall, 161 Industrial Place

X

 

X

X

X

X

2

Firehouse, 231 James Forsythe Drive

X

 

 

X

X

X

2

Foster Hall, 201 Christian Court

X

 

 

X

X

X

2

Kelce Hall, 555 Opportunity Avenue

X

 

 

X

X

X

2

Mabee Hall, 169 RM Good Drive

X

 

 

X

X

X

2

Mann Hall, 155 RM Good Drive

X

 

X

X

X

X

2

McDonald Hall, 138 Patriotic Place

X

 

 

X

X

X

2

Smith Memorial Hall, 213 Academic Drive

X

 

 

X

X

X

2

Youngman Hall, 126 Christian Court

X

 

 

X

X

X

2

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 type 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 on 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 situation, 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 emergency services at 911. 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. At this time, there are no plans for any future improvements in fire safety.  
Fire Statistics  

2021  
No fires were reported in 2021.  

2020  
No fires were reported in 2020.  

2019  
No fires were reported in 2019.