2023 Annual Security and Fire Safety Report Crime Statistics from 2021-2023
TABLE OF CONTENTS Notice of Non-Discrimination................................................................................................................................................................................................................ ........................................................................................................................................................................................ .................................................................................................................................................................................... ............................................................................................................................................................................................................................. 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............................................................................................................................................................................................................................................. 3 Preparation of the Annual Security Report 3 How to Report a Crime or Other Emergency 3 Emergency Procedures 4 Non-Emergency Procedures 4 Confidential Reporting of a Crime 4 Law Enforcement Services on Campus 5 Everbridge Mobile Safety App 6 Emergency Notifications 6 Determining the Contents of the Emergency Notification: 7 Initiating the Emergency Notification System: 7 Procedures Used to Notify the Campus Community 8 Timely Warnings 8 Working Relationship with Local, State, and Federal Law Enforcement Agencies 9 Crime Prevention and Safety Awareness Programs ..................................................................................................................................................................... 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..................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................. ........................................................................................................................................................................................... ....................................................................................................................................................................................................................... 10 Security and Access to Northern Facilities 10 Missing Student Notification Policy and Procedures 10 Procedures Pursuant to South Dakota Board of Regents Policy 3.4.5 10 Northern State University’s Prevention and Response to Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking 12 Policies and Procedures 12 Legal Definitions 14 Reporting Options 15 Supportive Measures and Support Options 16 Registered Sex Offenders 18 Definitions of Covered Crimes................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................... ............................................................................................................................................................................................ 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.......................................................................................................................................................................................................................... 19 Crime Log 22 Alcohol and Drug Policy 22 Northern Student Drug and Alcohol Policy 22 Northern Employee Drug and Alcohol Policy-Drug Free Workplace 23 Northern Parental or Guardian Notification of Drug and Alcohol Violations 23 Annual Disclosure of Crime Statistics 25 Fire Safety Report 29 Aberdeen Fire Department 29 Fire Safety Training 29 Fire Safety Inspections .................................................................................................................................................................................................................... ............................................................................................................................................................................................................... ............................................................................................................................................................................................................... .............................................................................................................................................................................................. 29 Smoke Free Environment 29 City and State Fire Codes 30 Candles, Incense and Warmers 31 Fire Equipment Misuse 31 Definitions 32 Annual Fire Statistics 32 Campus Map 34 Annual Security and Fire Safety Report 2
NOTICE OF NON-DISCRIMINATION Northern complies with all applicable federal and state nondiscrimination laws. Northern admits students of any race, color, national and ethnic origin, sex, age, disability, or veteran status to all the rights, privileges, programs, and activities generally accorded or made available to students at the school. It does not discriminate on the basis of race, color, national and ethnic origin, sex, age, disability, or veteran status in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other schooladministered programs. PREPARATION OF THE ANNUAL SECURITY REPORT This university report complies with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. An electronic version of this report can be located on our website at https://northern.edu/student-life/campus-safety. This report is prepared in cooperation with the Dean of Students Office, the Office of Student Rights and Responsibilities, local law enforcement agencies, and campus security authorities. A campus security authority is recognized, under federal policy, as an individual responsible for appropriately communicating potential Clery incidents. At Northern, individuals with responsibility for campus security who are not directly affiliated with the Campus Safety include officials with significant knowledge and/or oversight of student events and activities, and campus life. These include but are not limited to officials in Student Services, such as housing, programming, and conduct. When acting in a pastoral or professional counselor capacity, the official may not be considered a campus security authority. Campus crime, arrest, and referral statistics include those reported to Campus Safety, designated campus officials, and other local law enforcement agencies. Annual notification is made via email to all enrolled students, faculty, and staff. It provides the website address from which to access this report. A paper or electronic copy may be obtained at Office of Student Affairs, located in the Student Center, Suite 222, or by request at 605-6263007 or by contacting the Dean of Students at sean.blackburn@northern.edu. HOW TO REPORT A CRIME OR OTHER EMERGENCY Whether you are the victim or a witness of criminal activity, you have the responsibility to promptly and accurately report the incident. If a crime occurs on or around the Northern Campus, report it immediately to the on-duty campus police officer at 605-380-8925 (TuesdayFriday, 12pm-10pm) or a local law enforcement agency at 605-626-7911. A victim or a witness to a crime has the opportunity to report such crime and is encouraged to report to a campus authority or local law enforcement. Crimes and violations of university policy may also be reported to a designated Campus Security Authority (CSA), including resident assistants. Crimes occurring off-campus should be reported to Aberdeen Police Department (APD) by calling 605-626-7911 or 911. Annual Security and Fire Safety Report 3
• • • • • • EMERGENCY PROCEDURES Crimes in progress and crimes that have recently occurred should be reported by dialing 911. When a victim or a witness calls to report a crime or suspicious activity, the following information should be provided for investigation: A brief description of what occurred The time and location of the incident Any injuries that occurred during the incident Whether any weapons were involved When and where the suspect was last seen A physical description of the suspect NON-EMERGENCY PROCEDURES For non-emergency assistance, you can call Campus Safety at 605-380-8925 (Tuesday-Friday, 12pm-10pm) or call the Aberdeen Police Department non-emergency dispatch at 605-6267911. While individuals are encouraged to report crimes to the police, they may also seek support and assistance with reporting to the Office of Student Affairs, the Office of Student Rights and Responsibilities, and Counseling Services, among other university departments prepared to provide guidance for reporting crimes on or off-campus. The Clery Act defines Campus Security Authorities (CSAs) as: • A campus police department or campus safety department of the institution. • Any individual or organization specified in an institution’s states of campus security policy as an individual or organization to which students and employees should report criminal offenses. • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. CONFIDENTIAL REPORTING OF A CRIME The purpose of a confidential report is to comply with your desire to keep the matter confidential, while taking steps to ensure a safe campus environment. Northern will make all reasonable efforts to keep your identity confidential. To receive the appropriate support, students or employees who are victims or witnesses to a crime are encouraged to talk to somebody about what happened. Certain employees are required to maintain near complete confidentiality; talking to them is considered “privileged communication.” Employees, other than those with privileged communication, are required to report all details of a sexual violence incident to the Title IX Coordinator. This policy is intended to make students and employees aware of the various reporting and confidential disclosure options available so Annual Security and Fire Safety Report 4
they can make informed choices about where to turn should they become a victim of sexual violence. On-campus professionals who are licensed counselors or serve in a pastoral capacity are not required to report any information about an incident to a University official without a victim’s permission include: Becky Kuch, Director of Counseling Services 605-626-3007 Christina Shilman, Counseling Services 605-626-3007 If there is immediate risk to life or property, call the Aberdeen Police Department by dialing 911. Northern keeps accurate records of the number of incidents involving students and employees to determine if a pattern of crime exists with regard to a particular location, method or assailant, and has the ability to alert the campus community to potential danger. Reports filed in a confidential manner will be counted and disclosed in the annual crime statistics for Northern. Reports can be filed anonymously via https://northern.edu/student-life/concerns-andcomplaints using the incident reporting form. LAW ENFORCEMENT SERVICES ON CAMPUS Northern currently contracts the Aberdeen Police Department to provide for the safety and security of Northern’s campus. The memorandum of understanding between Northern and APD ensures that a certified law enforcement officer is available during the academic calendar to engage in general law enforcement activities. The law enforcement officer provides services to the campus by investigating crimes on campus and crimes against employees and students, as well as providing a visual deterrent to crime through officer presence. Having an officer stationed at Northern increases accessibility for the students and employees while decreases response time to incidents on campus. During the academic year, the law enforcement officer provides a wide variety of services to Northern. Activities commonly includes involvement with the Residence Life staff, putting on and assisting in classroom presentations, making students aware of safety issues on and off campus, foot patrols through campus, traffic enforcement on and around campus, patrols through closed buildings, and assuring doors are locked. Northern and APD work together and share information with the goal of identifying potential problems and addressing these issues through officer presence, community awareness, and education. Annual Security and Fire Safety Report 5
All law enforcement officers assigned are sworn officers with the Aberdeen Police Department and are certified to meet the minimum standards of training for a law enforcement officer as provided by statute in the South Dakota Commission of Law Enforcement Officers Standards and Training and shall be subject to other training as deemed appropriate by the Aberdeen Chief of Police. The APD cooperates with Northern to supply pertinent information regarding observations and reports by the officers assigned to the campus. At all times, the law enforcement officer assigned to campus is subject to the authority and jurisdiction of the Aberdeen Police Department. Northern community members should report crimes and other emergencies to the on-campus law enforcement officer listed below. Emergency services are available from campus phones by dialing 911. You can contact the Campus Officer at - Office 605-380-8925 (Tuesday-Thursday, 12pm-10pm), or via email at eric.paul@northern.edu. When the Aberdeen Police Department officer is not present on campus, APD will attempt to monitor the Northern campus by providing random security checks and responding to calls on the cell phone issued to the officer normally assigned to campus. In addition to the on-campus officer, APD will provide additional officers who randomly patrol the campus on a regular basis in the evening and early morning hours. During all other hours, please contact APD’s non-emergency number at 605-626-7911 or for emergencies call 911. EVERBRIDGE MOBILE SAFETY APP Campus community members are encouraged to download the Everbridge mobile app, Northern’s campus safety app from the Google and/or Apple stores. Northern uses the Everbridge emergency notification system to alert the campus community of emergencies. Through the Everbridge mobile app, faculty, staff and students have access to additional, enhanced safety features that help keep our community safe and informed during crisis situations, including an emergency call feature and SOS panic button. Further information about this safety app and how to register for alerts is available at https://northern.edu/campusalert-system. EMERGENCY NOTIFICATIONS South Dakota Board of Regents Policy 7:3 require the University Chief of Police, or his/ her designee, to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, unless issuing a notification will compromise efforts to mitigate the emergency. Emergency messages will include information on what has occurred and instructions on what to do next. The Northern Campus Alert system is tested on an annual Annual Security and Fire Safety Report 6
basis and documentation of the test, description of the exercise, the date, time and whether announced or unannounced is kept in the Office of the Dean of Students. DETERMINING THE CONTENTS OF THE EMERGENCY NOTIFICATION: The office responsible for issuing the emergency notification will, with the assistance of campus and local first responders, determine the content of the notification. Those issuing the notification will use the following guidelines when determining the contents of the emergency message. 1. The first message is intended to Alert the community or appropriate segment of the campus community of the dangerous condition and the actions they should take to safeguard their and their neighbor’s safety. Messages distributed in this stage of a rapidly unfolding critical incident will generally be short, precise, and directive. Examples include: “The campus is experiencing a major power outage affecting the following buildings: Brown, Red, White, and Yellow Halls. All occupants of these buildings should immediately evacuate.” “There is a chemical spill at Brown Hall. The chemical released is extremely hazardous if inhaled. Occupants of Brown Hall should immediately evacuate the building through the northeast exits. Follow the directions of fire personnel who are on scene.” 2. The second message is intended to Inform the community or appropriate segment of the campus community about additional details of the situation. This message is generally distributed once first responders have additional information about the dangerous situation. Examples include: “The power outage affecting Brown, Red, White, and Yellow Halls was caused by a cut power line. PSE&G are responding along with Facilities personnel to repair the damage. We expect the outage will last until 2:00 p.m. Refer to the University homepage for additional information.” 3. Finally, the third message is the Reassure notice that is generally distributed once the situation is nearly or completely resolved. The purpose of this message is to reassure the community that the University is working diligently to resolve the dangerous situation. It can also be used to provide additional information about the situation and where resources will be available. In those cases where there are no pre-determined template messages in the system, the individual issuing the alert will send develop the most succinct message to convey the appropriate message to the community. The goal is to ensure individuals are aware of the situation and that they know the steps to take to safeguard their personal and community safety. INITIATING THE EMERGENCY NOTIFICATION SYSTEM: First responders may become aware of a critical incident or other emergency situation that potentially affects the health and/or safety of the campus community. Once first responders Annual Security and Fire Safety Report 7
confirm that there is, in fact, an emergency or dangerous situation that poses an immediate threat to the health or safety to some or all members of the campus community, first responders will notify supervisors in the authorized University office to issue an emergency notification. The University’s authorized representatives and/or other members of the University’s senior administration will immediately initiate all or some portions of the University’s emergency notification system. If, in the professional judgment of first responders, issuing a notification potentially compromises efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency, the University may elect to delay issuing an emergency notification. As soon as the condition that may compromise efforts is no longer present, the University will issue the emergency notification to the campus community or applicable segment of the community. PROCEDURES USED TO NOTIFY THE CAMPUS COMMUNITY In the event of a situation that poses an immediate threat to members of the campus community, the University has various systems in place for communicating information quickly. Some or all of these methods of communication may be activated in the event for emergency notification to all or a segment of campus community. These methods of communication include the mass notification system Everbridge, the University’s email system, or emergency messages on the Northern homepage. The University will post updates during a critical incident on the homepage. TIMELY WARNINGS In the event that a situation arises, either on or off campus, that constitutes a threat to members of the campus community, a “timely warning” will be issued. The warning will be issued through Northern email. A determination will be made with administration if a timely warning should be sent through the Campus Alert System, which includes email, text, and phone call. Students and employees are encouraged to register contact preferences through the Northern Campus Alert system by visiting https://northern.edu/campus-alert-system. Timely – as soon as the pertinent information is available in regard to a Clery type offense. The University will issue a timely warning for any Clery Act crime that occurs within Clery geography that is: • Reported to campus security authorities or local police agencies; and • Is considered by the University to represent a serious or continuing threat to students and employees. Although the Clery Act does not provide a definition for timeliness, the intent of a timely warning is to enable the campus community to take measures to promote their safety. Therefore, Northern will issue a warning as soon as the pertinent information is available within two weeks of the crime occurring, unless Northern determines the risk of threat to students and employees no longer remains. Annual Security and Fire Safety Report 8
Clery Geography – the geographic area for which an institution is responsible for reporting crime statistics. Institutions must include statistics for Clery type offenses that occurs in any of the following areas: 1. On-Campus a. Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and b. Any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor). 2. Non-campus a. Any building or property owned or controlled by a student organization that is officially recognized by the institution; or b. Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. c. Non-campus does not automatically refer to all surrounding neighborhoods of a college campus, nor does it include all properties that students happen to rent. 3. Public Property a. Public property immediately adjacent to, within, or surrounding one’s oncampus geography. b. For example, public property includes the public sidewalk that borders the campus, the public street, and the public sidewalk on the other side of the street. WORKING RELATIONSHIP WITH LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES The Aberdeen Police Department works closely with state and federal police agencies and has direct radio communications with the Brown County Sheriff’s Office, Game Fish & Parks, South Dakota Highway Patrol, fire, ambulance and other emergency agencies. Any university owned or leased property in outlying areas is patrolled either by the Aberdeen Police Department, the Brown County Sheriff’s Office, or the South Dakota Highway Patrol. Annual Security and Fire Safety Report 9
CRIME PREVENTION AND SAFETY AWARENESS PROGRAMS New students are introduced to services offered by the Aberdeen Police Department during fall orientation. Educational events concerning personal safety and security are sponsored by the residence hall staff in each hall on an annual basis. The hall covers safety and security information in floor meetings during the first days of each semester and periodically throughout each semester. The Aberdeen Police Department also provides instruction on preparation and planning geared toward proactively handling the threat of an aggressive intruder or active shooter event. The presenting officer is certified in ALICE Training (Alert, Lockdown, Inform, Counter, and Evacuate) to enhance the traditional RUN, HIDE, FIGHT response. SECURITY AND ACCESS TO NORTHERN FACILITIES During business hours, the Northern campus, excluding residence halls, will be open to students, parents, employees, contractors, guests and invitees. Non-business hour access to all Northern facilities is by key, if issued, or by admittance via the on-duty campus police officer, an authorized university representative or Northern housing staff. In cases of periods of extended closing, the University will admit only those with prior approval. The residence halls are secured by housing staff 24/7 during the academic calendar and between semester breaks. Over extended breaks, the doors of all residence halls will be secured 24/7 and any electronic card readers will be deactivated for unauthorized individuals. Some campus facilities may have individual hours that may vary at different times of the year. In such cases, the facilities will be secured according to schedules authorized by the University administration. All residence halls on campus that have security cameras at all entrances and exits on the first floor level of the building. MISSING STUDENT NOTIFICATION POLICY AND PROCEDURES PROCEDURES PURSUANT TO SOUTH DAKOTA BOARD OF REGENTS POLICY 3.4.5 Under South Dakota Board of Regents Policy 3.4.5 any person may report a university student as missing by filing a report with the Dean of Students or with the Campus Police Officer. It is not necessary to wait until the student has been missing for 24 hours before making a report. For purposes of this policy, a student is missing when the student’s whereabouts are unknown and unexplained for a period of time that would be regarded as highly unusual or suspicious by persons familiar with the student’s plans, habits or routines. Institutional Response A. Upon receipt of a missing student report, the campus police personnel will promptly attempt to locate the student on campus or at other sites controlled by the university. Annual Security and Fire Safety Report 10
1) Initial efforts to contact students will involve telephone or other electronic communications. 2) If unable to contact the students by electronic means, university personnel will attempt to contact the student in their residence hall on campus or in the municipal limits of the city where the university is located. 3) If students who reside in university-controlled residences do not respond to electronic contacts or to knocking on their doors, student affairs personnel may enter the students’ rooms in order to assess the condition of the room and to look for visible personal property (wallet, keys, cell phone or clothing) that might provide clues as to whether the student has taken an extended trip or other planned absence from the residence hall. If the initial investigation is being undertaken by the Campus Police Officer, they will either request that student affairs personnel enter student rooms, or they will obtain search warrants. 4) University personnel may pursue such additional or other investigative activities as are reasonable under the circumstances. B. If the university determines that the student has been missing for a period of 24 hours, or if it cannot locate the student and it determines that the student appears to be missing, the university will immediately notify local law enforcement agencies that the student is missing. C. When the university notifies local law enforcement agencies, it will also notify such persons as the student may have designated pursuant to § 4(A), below, that the student is missing. 1) In the case of non-emancipated students under the age of 18, the university will notify the students’ custodial parents or legal guardians within 24 hours of the determination that the student is missing. D. The university will determine whether circumstances suggest that others living, working or participating in activities at the university may be in danger, and if it determines that such a danger may exist, it will warn the campus. Publication of this Policy A. USD will publish this policy electronically through websites designed to convey emergency or law enforcement information; will incorporate its provisions into student handbooks, University Housing or similar publications; and will otherwise assure that students know, or should know, of its provisions. Students’ Option to Identify Persons to be Informed A. At the time that a student is accepted as a resident in university-controlled housing, the student will be given an opportunity to designate an individual to be notified pursuant to this policy in the event that the student becomes missing. Annual Security and Fire Safety Report 11
1) Students will be provided confidential means to designate such individuals and to update their designations. 2) Such contact information will be held as a confidential student record. 3) Confidential contact information is accessible only to authorized campus officials and may not be disclosed except to law enforcement personnel in furtherance of a missing person investigation B. Non-emancipated students under the age of 18 will be informed that, in the event that they become missing, the university will notify a custodial parent or legal guardian pursuant to this policy. NORTHERN STATE UNIVERSITY’S PREVENTION AND RESPONSE TO SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING POLICIES AND PROCEDURES South Dakota Board of Regents Policy 1.4.1, Harassment including Sexual Harassment and South Dakota Board of Regents Policy 1.4.2, Prevention of Sexual Assault, Domestic Violence, and Stalking prohibits sexually violent acts, termed “Sexual Misconduct” by the University of South Dakota, which can be crimes as well. Sexual misconduct includes non-consensual sexual intercourse, nonconsensual sexual contact, sexual exploitation, interpersonal relationship violence, sex/gender based stalking and sexual harassment. While the University of South Dakota utilizes different standards and definitions than the South Dakota Code, sexual misconduct often overlaps with crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence. In an effort to reduce the risk of sexual misconduct as well as the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among its students, Northern utilizes a range of campaigns, strategies and initiatives to provide awareness, educational, risk reduction and prevention programming. It is the policy of Northern to offer programming to prevent domestic violence, dating violence, sexual assault (including stranger and known offender assaults), and stalking each year. Educational programs are offered to raise awareness for all incoming students and employees and are conducted during new student (Wolfpack Welcome) and new employee orientation and throughout students’ tenure at the university. This training is also provided to Residence Life Staff. These programs and others offered throughout the year include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management and bystander intervention), and discuss institutional policies on sexual misconduct as well as the South Dakota definitions of domestic violence, dating violence, sexual assault, stalking, and consent in reference to sexual activity. Bystander intervention is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention Annual Security and Fire Safety Report 12
such as calling for help, using intervention-based apps, identifying allies, and/or creating distractions. Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals, how to avoid potential attacks and do so without victimblaming approaches. Throughout the year, ongoing awareness and prevention campaigns are directed to students and employees, including faculty, often taking the form of campaigns, emails, guest speakers, and events such as a mandatory online training. In the event that sexual misconduct, gender-based violence, or the crimes of sexual assault, stalking, dating violence or domestic violence do occur, Northern takes the matter very seriously. The university employs supportive measures such as interim suspension and/or no contact orders in any case where a student’s behavior represents a risk of violence, threat, pattern, or predation. If a student is accused of sexual misconduct, other gender-based violence or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, s/he is subject to action in accordance with South Dakota Board of Regents policies. To report incidents please contact the following: Campus Police 605-380-8925 (Emergency 911 on campus) Aberdeen Police Department 605-626-7911 (Emergency 911 off campus) Resources: The following departments may be contacted for assistance with reporting: Student Counseling Services 605-626-3007 or Title IX Coordinator 605-626-3007. Employees with knowledge about sexual misconduct or gender-based violence or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence or domestic violence must report it immediately. Under South Dakota Codified Law §22-11- 12, “Any person who, having knowledge, which is not privileged, of the commission of a felony, conceals the felony, or does not immediately disclose the felony, including the name of the perpetrator, if known, and all the other relevant known facts, to the proper authorities, is guilty of misprision of a felony.” Faculty and staff members (with the exception of Counselors at the Student Counseling Services) are responsible employees and must disclose their knowledge of any felonious activity, including but not limited to sexual misconduct. If you are the victim of sexual misconduct, gender-based violence or the crimes of rape, acquaintance rape, sexual assault, sexual harassment, stalking, dating violence or domestic violence, some or all of these safety suggestions may guide you after an incident has occurred: 1. Go to a safe place and contact Campus Police Officer at 605-380-8925 if you are on campus or call 911 if you are off campus. 2. Consider securing immediate professional support (e.g.: counseling, victim advocacy, medical services, etc.) to assist you in the crisis. 3. If you are on campus during regular business hours, you may go to Student Counseling Services 605-626-3007 or to the Office of Title IX, 605-626-3007 for support and guidance. 4. For your safety and well-being, immediate medical attention is encouraged. Further, being examined as soon as possible, ideally within 96 hours, is important in the case of rape or sexual assault. The hospital will arrange for a specific medical examination at no charge. To preserve Annual Security and Fire Safety Report 13
evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate or change clothes before receiving medical attention. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable. Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until their arrival. They will gather bedding, linens or unlaundered clothing and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet, to avoid contamination. If you have physical injuries, photograph or have them photographed, with a date stamp on the photo. Record the names of any witnesses, and their contact information. This information may be helpful to the proof of a crime, to obtain an order of protection or to offer proof of a campus policy violation. Try to memorize details (physical description, names, license plate number, car description), or even better, write notes to remind you of details, if you have time and the ability to do so. If you obtain external orders of protection (e.g. protection orders, injunctions, protection from abuse), please notify the Campus Police Officer at 605-380-8925 or the campus Title IX coordinator so that those orders can be observed on campus. 5. Even after the immediate crisis has passed, consider seeking support from the Student Counseling Services 605-626-3007 and/or off-campus services such as Safe Harbor (605-2261212). LEGAL DEFINITIONS Rape is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. It may also include situations where the victim is incapable of giving consent due to incapacitation by means of disability or alcohol or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend. In South Dakota, sexual consent will not be found where an act has been done through the use of force, coercion, or threats of immediate and great bodily harm. Submission does not equal consent, and to establish consent, a party charged must utterly negate any element of force, coercion, or threat. Consent, once given, may be retracted. Under South Dakota law, rape is an act of sexual penetration accomplished with any person under any of the following circumstances: 1) If the victim is less than 13 years of age; or 2) Through the use of force, coercion or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution; or 3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or Annual Security and Fire Safety Report 14
4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or 5) If the victim is 13 years of age, but less than 16 years of age, and the perpetrator is at least three years older than the victim. Other Sexual Offenses Besides rape, other sexual offenses include the following: sodomy (forced anal intercourse); oral copulation (forced oral-genital contact); rape by a foreign object (forced penetration by a foreign object, including a finger); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal). Sexual Harassment Sexual harassment is a form of misconduct that undermines the integrity of the academic environment. It is the policy of Northern State University that sexual harassment is prohibited. All members of the Northern community, especially officers, faculty and other individuals who exercise supervisory authority, have an obligation to promote an environment that is free of sexual harassment. South Dakota Board of Regents Policy 1.4.1, Harassment including Sexual Harassment Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment prohibited by Title IX. Any complaints or inquiries regarding sexual harassment of a student by administration, faculty member or staff member should be brought to the immediate attention of officials. REPORTING OPTIONS Any person with knowledge about sexual misconduct or gender-based violence or the crime of rape, sexual assault, sexual harassment, stalking, dating violence or domestic violence, and all additional criminal activity is encouraged to report it immediately. A student or an employee wishing to report an incident may do so by using one of the following reporting options: Aberdeen Police Department The Aberdeen Police Department provides 24-hour services in the City of Aberdeen and on the Northern campus. To file a report or to seek victim resources, please visit the Aberdeen Police Annual Security and Fire Safety Report 15
Department webpage at www.aberdeen.sd.us/598/Contact-Us or contact the non-emergency dispatch at 606-626-7911. Sean Blackburn, Dean of Students 605-626-2530 Sean.Blackburn@northern.edu Krista Bau, Title IX Coordinator 605-626-3007 Krista.Bau@northern.edu Campus Police Officer 605-380-8925 (Tuesday-Friday, 12pm-10pm) Eric.paul@northern.edu Counseling Services Becky Kuch Director 605-626-3007 Susan Bostian, Human Resources Director/Deputy Title IX Coordinator 605-626-2520 Susan.Bostian@northern.edu Safe Harbor 2005 S Merton Street Aberdeen, SD 57401 Tori Collesso, Outreach Coordinator 605-226-1212 605-622-0104 (Text) To report an incident online and anonymously, please use the Northern incident reporting form located at https://northern.edu/student-life/concerns-and-complaints or https://cm.maxient.com/reportingform.php?NorthernStateUniv SUPPORTIVE MEASURES AND SUPPORT OPTIONS Allegations of sexual misconduct and discrimination are institutionally addressed through the South Dakota Board of Regents Policy 1.4.1,Sexual Harassment. Procedurally, when Northern State University receives a report of sexual misconduct, gender-based violence, or other sex or gender discrimination the campus Title IX coordinator is notified. If the victim wishes to access local community agencies and/or law enforcement for support, the Northern will assist the victim in making these contacts. The Title IX coordinator in concert with the appropriate senior institutional official will offer assistance to victims in the form of supportive measures such as opportunities for academic accommodations, changes in housing for the victim or the Annual Security and Fire Safety Report 16
responding student, visa and immigration assistance, changes in working situations and other assistance as may be appropriate and available on campus or in the community (such as no contact orders issued through law enforcement agencies, campus escorts, transportation assistance, targeted interventions, etc.). If the victim so desires, he or she will be connected with a counselor on- or off-campus, as well as an off-campus victim’s advocate, health services and legal assistance, who may inform the person being counseled of any procedures to report the crime on a voluntary, confidential basis. No victim is required to take advantage of these services and resources, but Northern provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports and procedures, in the form of this document, is provided to all victims whether they are a student, employee, guest or visitor. A comparable document is also provided to responding parties so they are likewise advised of the process. When appropriate upon receipt of a formal complaint, the Title IX coordinator will initiate a prompt, fair and impartial process commencing with an investigation which may lead to the imposition of sanctions, based upon a preponderance of evidence (what is more likely than not), upon a responding student or other accused individual. Procedures detailing the reporting, timeline and processes for the ensuing investigation, decision making and resolution processes of the Northern can be found in SDBOR Policy 1.4.1. Per SDBOR Policy 1.4.1, investigations are typically completed within a timely manner. The coordinator is ultimately responsible to assure in all cases that the behavior is brought to an end, Northern acts to reasonably prevent its recurrence, and the effects on the victim and the community are remedied. The coordinator is also responsible to assure that training is conducted annually for all advocates, investigators, hearing officers, panelists and appeals officers that encompasses a hearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation and other behaviors that can be forms of sex or gender discrimination covered by Title IX and the Clery Act. Northern Maintains privacy in relation to any accommodations or supportive measures afforded to a victim, except to the extent necessary to provide the accommodations and/or protective measures. In any complaint of sexual misconduct, sexual assault, stalking, dating violence, domestic violence or other sex or gender-based discrimination covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities for a support person or advisor of their choice throughout the process, including any meeting, conference, hearing or other procedural action. Once complete, the parties will be informed simultaneously, in writing, of the outcome, including the finding, the sanctions (if any) and the rationale therefor. For offenses including sexual misconduct or other genderbased violence, which typically include the crimes of domestic violence, dating violence, sexual harassment, sexual misconduct and stalking, sanctions range from warnings through expulsion. Possible sanctions under SDBOR Policy 3.4.1 (Student Code of Conduct) include warning, probation, loss of privileges, fines, restitution, educational sanction, residence suspension, residence expulsion, suspension, expulsion, withholding degree, and revoking admission Annual Security and Fire Safety Report 17
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