The Clery Act


PO Box 1863
Muskogee, Ok 74402

Clery Act Reporting Document

Lisa Dedmon, Program Director, and Campus Manager
ldedmon@ebollege.net
(918)910-5000

 

Table Contents

About this Report 3

  1. Clery Crime Categories. 3
  2. Liquor and Drug Law Violations, and Illegal Carry and Possession of Weapons. 4
  3. Elite Beauty College Statistics Reporting to Law Enforcement 4
  4. Elite Beauty College Drug, Marijuana and Alcohol Policies. 5
  5. Violating Elite, State or Federal Drug and Alcohol Policy or Law.. 6
  6. Marijuana Use and Possession on Campus. 6
  7. Elite Beauty College Employee Drug Alcohol Policies, Treatment, and Educational Programs. 6
  8. Student Drug and Alcohol Treatment and Educational Programs and Legal Sanctions. 7
  9. How to Report a Crime. 7
  10. Tips for Reporting an Emergency When Dialing 9-1-1. 7
  11. Reporting a Crime Anonymously. 8
  12. Confidentiality of Proceedings. 8
  13. Crime Prevention, Sexual Assault Prevention and Security Awareness Programs. 8
  14. Building Access. 8
  15. REPORTING, COLLECTING, CLASSIFYING, COUNTING, RECONCILING AND CRIME STATISTICS. 9
  16. Roles and Responsibilities. 11
  17. Procedures. 13
  18. Emergency Response and Evacuation Procedures. 13
  19. Emergency Notifications and Timely Warnings. 13
  20. Emergency Notifications and Procedures used for Issuance. 13
  21. Timely Warnings and Procedures used for issuance. 14
  22. Sharing Information with the Community Outside of Campus. 15
  23. Active Shooter and Active Killer Procedures. 15
  24. Elite Beauty College Critical Incident Response. 16
  25. Missing Student Policy and Official Notification Procedures, Confidential Student Contacts. 18
  26. Interpersonal Violence Education and Response: Sexual Assault, Domestic Violence, Dating Violence, and Stalking. 18

Definitions You Should Know.. 18

Oklahoma Criminal Law Definition of Rape. 22

Definition of Stalking under Oklahoma Criminal Law  21 Oklahoma Statutes 1173. 24

  1. Reporting Interpersonal Violence/Confidential Reporting. 24
  2. Information about Registered Sex Offenders. 26
  3. Reportable Crime Statistics. 26
  4. 2019 Annual Fire Safety Report and Statistical Data. 30

Evacuation Procedures. 30

Fire Statistics. 30

 

 

About this Report

The landmark federal law adopted in 1990 and amended in 1998, now called the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, section 485(f) of the Higher Education Act of 1965, requires institutions of higher education to disclose campus crime statistics and security information. This report meets the Clery Act’s requirements, provides valuable information to current and prospective students, employees, and their families about safety and security at Elite Beauty College, and outlines the College’s policies on drugs, alcohol, and interpersonal violence, among others. Interpersonal violence includes sexual assault, domestic violence, dating violence, and stalking. This report is created out of a collaborative effort across campus.

1. Clery Crime Categories

The Annual Fire and Safety Report and Drug and Alcohol Policy informs the Elite Beauty College community about Statistics for the types of crimes that the Clery Act requires the university to publish. These Clery crime categories are as follows:

  1. Criminal homicide (murder and non‐negligent manslaughter)
  2. Sex offenses (sexual assault, rape, fondling, incest, statutory rape)
  3. Aggravated assault
  4. Arson
  5. Robbery
  6. Burglary
  7. Motor vehicle theft
  8. Hate crimes, defined as “a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim,” including the above crimes plus larceny, theft, simple assault, intimidation, destruction or vandalism of property
  1. Dating violence, domestic violence, and stalking.

Statistics of these crimes are provided for the previous three years. The statistics show these crimes that occurred on campus property, certain non‐campus property and public property associated with the university, including:

  1. Crimes by type, location and year
  2. Fires
  3. Arrests for liquor law violations, drug law violations, and carrying and possessing illegal weapons.

2. Liquor and Drug Law Violations, and Illegal Carry and Possession of Weapons 

In addition, statistics are reported for students referred to university disciplinary action for liquor law violations, drug law violations, and carrying and possessing illegal weapons, regardless of whether an arrest has been made.

Elite Beauty College reports statistics for Clery crimes that occurred on properties that are within the college’s “Clery geography,” which are geographic areas defined by the Clery Act. This includes On‐campus property, all properties that the college owns or controls within the same reasonably contiguous geographic area that are used in any manner related to the institution’s educational purposes. Public property including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus, not including private homes and businesses. All other property that the university owns or controls that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and that is located outside of the reasonably contiguous campus area, including buildings or property owned or controlled by Elite Beauty College.

3. Elite Beauty College Statistics Reporting to Law Enforcement  

Statistical information is also requested from our partner law enforcement agencies within Muskogee County who share concurrent jurisdiction. These agencies include the Muskogee Police Department, the Muskogee County Sheriff’s Office, the Oklahoma Highway Patrol.

The Elite staff requests and compiles the statistics for the report each year, based on information received from the offices and agencies listed above.  Those statistics are counted and compiled into classifications for the report. Then, a check and balance system is used to ensure that the report meets the requirements of the Clery Act and provides the most accurate information regarding crime, fire, safety and related policies at Elite Beauty College to students, employees, parents, potential students and employees, and the general public.

The report also includes information about policies, procedures, and crime prevention programs including:

  1. How to report a crime to the Elite Staff
  2. Law enforcement databases of registered sex offenders
  3. Drug, alcohol and sex offenses reporting
  4. How and when Elite Beauty College issues warnings to the campus of potentially dangerous criminal and emergency situations
  5. Campus evacuation procedures

This report is available online at www.ebcollege.net . and clicking on the 2019 Clery Report link at the bottom. A paper copy can be printed from the website link in PDF format or a printed copy can be obtained by request from Elite Beauty College Staff. All reports are available upon request. This annual report is published no later than Oct. 1 of each year and a notice of its publication is distributed via email to every Elite student and current employee. Elite Staff notifies prospective students of the report availability, and prospective employees are notified upon employment.

4. Elite Beauty College Drug, Marijuana and Alcohol Polices   

Elite’s alcohol and drug policy applies to all members of the college community, including staff, faculty, students, affiliates, volunteers, and visitors. A brief summary of this policy follows. The full policy is available at the College upon request and prohibits the following on any university-owned or controlled property, or at school activities:

  1. Illegally manufacturing, distributing, dispensing, possessing or using illicit drugs, including marijuana and its derivatives
  2. Possessing a medical marijuana permit does not allow for the possession, use or storage of marijuana anywhere on College property including selling or using drug paraphernalia
  3. Anyone younger than 21 possessing or drinking alcohol on campus property
  4. Intentionally or knowingly selling or furnishing alcohol to anyone younger than 21, or anyone obviously inebriated
  5. Possessing or consuming alcohol/drugs. being impaired by alcohol or drugs while on Campus Property, Driving on Campus or operating any vehicle or machinery, Performing Campus job duties, Volunteering for the College, Interacting with students while working or volunteering at the college or at a college-sponsored event.

PRESCRIPTION MEDICATION TIP: Protect yourself from prescription medication abusers!!  Prescription drugs are widely available and are as dangerous as street drugs. Pain pills, or opioids, such as Vicodin, OxyContin, and Percocet, are often abused. These are also highly addictive, and especially lethal when mixed with alcohol.  Selling, sharing or using any prescription drugs without a prescription is illegal and can result in jail time and large fines. If you are prescribed medication, you may find that some people would like you to share or sell it. They do not hesitate to ask, may offer to buy or trade for other drugs, or even go so far as to steal your medications. Medications are your own business – keep your prescription medication information private. Keep medication in a safe spot that only you access. Explain that you don’t want to be responsible for someone else’s adverse reactions to your medications.  Explain that you do not have enough to share. If you must, say that you stopped taking the medication or come up with another explanation that works for you. Ration your medications by storing excess supply at home or with nearby relatives who will safeguard it. It is often possible to request more frequent prescriptions from health care providers if you have a concern about a solicitation from other students. The preceding information was adapted from Facts on Tap. Keeping our Campus Drug Free is a Priority for us.

5. Violating Elite, State or Federal Drug and Alcohol Policy or Law

All Elite Beauty College students are required to comply with the policies in the Student Handbook which can be found on the Elite website at https://ebcollege.net/student-handbook/student-handbook/. This policy sets behavior expectations for students, including expectations regarding drug and alcohol use. The Student Handbook prohibits student use, possession, manufacturing, and distribution of illegal drugs (including marijuana), possession and use of Drug Paraphernalia, and Prescription drugs used in a manner other than as prescribed.

If a student is found to have violated drug or alcohol conduct expectations, the student may be subject to discipline under the Student Conduct Code, as well as criminal prosecution under federal and state laws where they are assessed fines and/or imprisonment. Elite Beauty College, vigorously enforces state underage drinking laws; local, state and federal drug laws; and the Student Conduct Code.  The College may properly intervene when employee use of alcohol or drugs affects job performance and conduct. Employees covered by this policy may not report to work or be at work while impaired by alcohol or drugs, even those lawfully prescribed, as determined under a reasonable suspicion standard. Employees who violate the Elite Beauty College policies concerning illicit drugs face immediate dismissal. Employees may also be subject to criminal prosecution under federal and state laws for drug-related criminal offenses. Each employee must notify the College’s Director in writing no later than five days after being convicted for any criminal alcohol or drug statute violation. A conviction is a finding of guilt (including a plea of no contest or nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the criminal drug statutes. The College may take disciplinary action after receipt of any notice; disciplinary sanctions include action up to and including immediate termination. All employee discipline is handled in accordance with currently adopted Elite Beauty College Employee Policies.

6. Marijuana Use and Possession on Campus

The use and possession of marijuana are prohibited on campus. The potential health and behavioral impacts of marijuana do not fit with Elite’s mission as an academic institution and a safe, fast‐paced, high functioning work environment. Possessing, using, or selling marijuana continues to be prohibited on campus and during Campus activities. Federal agencies continue to enforce federal law against those who facilitate the illegal use of marijuana, despite state law. Oklahoma law legalizes the use of Marijuana for specific Medical Marijuana Card Holders, yet Elite Beauty College – as a school and an employer – has set policies in place that prohibit the possession and use of marijuana. In addition, marijuana remains illegal under the federal Controlled Substances Act, which prohibits marijuana possession and use. This federal law applies to recreational and medical uses of marijuana. It is not a defense that the person holds a medical marijuana card. Students and employees who violate this policy are subject to College discipline.  Federal laws such as the Drug-Free Workplace Act and the Drug‐Free Schools and Communities Act also restrict the use of marijuana in the workplace. These federal laws require the university to prohibit the use of marijuana on campus. Elite Beauty College enforces the campus‐wide prohibition of marijuana. Elite strives to maintain a safe workplace. Employees who are under the influence of marijuana, just like with alcohol, create serious safety risks when operating electrical appliances or working with potentially hazardous materials or substances in the workplace. While performing their job duties Elite Beauty College employees are prohibited from consulting or providing assistance with the cultivation, sale, distribution, or use of marijuana.  Any employee who provides such assistance shall be acting outside the scope of his or her employment and assumes personal liability for such action, Elite Beauty College is not required to accommodate an employee’s medical or recreational use of marijuana.

7. Elite Beauty College Employee Drug Alcohol Policies, Treatment, and Educational Programs

The Elite Beauty College Employee handbook specifically prohibits the abuse of ANY substances and subjects employees to disciplinary action up to and including termination. Treatment may be more appropriate for alcoholics and intoxicated individuals than criminal prosecution. Employees should be afforded a continuum of treatment to help them lead normal lives as productive members of society. Elite Beauty College supports the following kinds of treatment facilities and services: Screening centers for alcoholics. Medical detoxification. Intensive treatment. Halfway‐house care. Outpatient rehabilitative therapy, orientation, education, and in‐service training. Patient transportation. To find a mental health or substance abuse treatment facility in your area, visit this list https://findtreatment.samhsa.gov for more information on health effects, usage trends, and marijuana regulation: National Institute on Drug Abuse https://www.drugabuse.gov/publications/drugfacts/marijuana  The U.S. Substance Abuse and Mental Health Services Administration https://www.samhsa.gov.

8. Student Drug and Alcohol Treatment and Educational Programs and Legal Sanctions

For the 2019 School year, Elite Beauty College has adopted a comprehensive approach to ensure compliance with Elite’s Policies, meet our obligations under the Drug and Alcohol Abuse Prevention Act to ensure that we offer education to any student in need of services. Our campus-wide comprehensive program to combat this problem is a coordinated three-tiered approach:

  1. Education. At the 2019 Student Orientation, students were spoken to at student orientation. They were advised of the consequences of violating the Drug and alcohol policies. Referring students to local facilities such as W.I.S.H., Information brochures and other resources about the hazards of drug and alcohol online and at other local facilities with information desks manned by our partners at McCoys, and Oklahoma Families First.
  2. Enforcement: Elite Beauty College has adopted a zero-tolerance alcohol and drug use policy. All offenders of this policy are subject to, at a minimum, administrative charges, and sanctions as outlined in the Student Handbook and can range up to and including the filing of felony charges in District or Federal Court.

9. How to Report a Crime

Pursuant to the Department of Education Campus Safety and Security guidelines, it is the policy of Elite Beauty College to set up procedure for students and staff to report crimes that have occurred or are in progress on Elite Beauty College Campus ground, any property owned or under the control of the College or on any public property that is adjacent to the campus.  Elite Beauty College policy states that is a duty to report if the student or staff member witnesses criminal activity or any other situation that is an immediate threat to the safety of any person or property on the Campus. In these emergencies, the witness shall call 9-1-1 to ensure adequate resources, including the Elite Beauty College Staff, are present at the scene. If the crime is not an emergency, the caller should notify the Elite Beauty College Staff Department’s nonemergency number at (918)-910-5000.

If the student DOES NOT want Law Enforcement involved, the student can contact the director at 918-910-5000 so that an administrative investigation can be completed. Students have the right to report crimes and remain anonymous to ensure that those crimes are documented in the Annual Security and Fire Safety Report.

If the student DOES NOT want to talk to Campus Authorities to report a crime (other than those in progress or an immediate threat to safety) the student may call The Oklahoma School Security Institute at 1-855-337-8300.

10. Tips for Reporting an Emergency When Dialing 9-1-1 

You can call 911 from any phone. All 911 calls in Muskogee County are answered by dispatchers of a combined 911 dispatch center that dispatches officers for all law enforcement agencies in the area including OTHER Staff departments. Do not assume that the dispatcher will know which Staff Authority you are asking for as there are other College and High School Staff departments in the area.

When using a cell phone, it is different from a landline-based phone, the address of where you are at will not show up automatically as an address.  The dispatcher will need to know the address of the emergency, which is not necessarily where the call is coming from.  If you are on campus, identify your location as Elite Beauty College Campus first and then the specific on-campus location or building. When you are reporting a crime, it is important to report it immediately from a safe location.  When speaking to a dispatcher, stay on the line and, as accurately as possible, tell the dispatcher everything you can remember about the incident. If reporting about a suspect, try to recall details such as the suspect’s clothing, if they were driving a vehicle, what it looked like, and the direction of travel either on foot or in a vehicle.  If you can give first aid to someone or to relay information to another rescuer, the 911 local dispatchers may be able to assist you by telling you what to do until emergency responders arrive.  If reporting a fire or someone in need of an ambulance, Elite Beauty College Staff will immediately notify fire or emergency medical personnel, then help with emergency measures such as evacuation and managing traffic so that fire trucks and ambulances can access the scene.

11. Reporting a Crime Anonymously  

To remain anonymous and report a crime to the Elite Beauty College Staff you can still call the non-emergency number at 918-910-5000. You can also submit a mailed statement to the: Elite Beauty College Staff Department at PO Box 1863 Muskogee, OK 74402. Include as much detail as possible. If the crime you are reporting is an emergency, please call 911. Crimes reported anonymously to Elite Beauty College will be included in the Annual Fire and Safety Report as required by the Clery Act.

If the student DOES NOT want a Law Enforcement prosecution but does want to have the incident looked at for possible administrative sanctions, the student can contact the Director at 918-910-5000 so that an administrative investigation can be completed. Students have the right to report crimes and remain anonymous to ensure that those crimes are documented in the Annual Security and Fire Safety Report.

12. Confidentiality of Proceedings

Confidentiality –All disciplinary records are confidential and may not be disclosed in whole or in part except as provided by law or by the written authorization of the student, under legal compulsion, or where the safety of other persons may be involved. Disciplinary records are maintained separate from the student’s academic record but are part of the student’s educational record. Re-release of disciplinary information/records. Individuals participating in disciplinary proceedings are bound by law to not disclose the information discussed in the proceedings.

13. Crime Prevention, Sexual Assault Prevention and Security Awareness Programs

Elite Beauty College Staff, will refer anyone in need of assistance with crime prevention, sexual assault and security awareness to the Women in Safe Home facility who are among some of the local groups in the City of Muskogee that provide safety and crime prevention educational programs. General campus educational programs include fire safety protocol, personal safety, interpersonal violence prevention, alcohol, and drug awareness, and computer crimes. Many programs can be tailored to fit the needs of the audience.

14. Building Access

Elite Beauty College facilities are accessible to students, staff, and incoming of the campus community, guests, and visitors during normal business hours Wednesday through Saturday, excluding holidays, or when the College is closed, such as during a snow day or student field trip.  Exterior doors on campus buildings are locked each evening by Faculty or Staff. Students are prohibited from propping open doors and Elite Beauty College Staff aggressively enforces this policy. Do not prop building doors open or allow strangers into campus buildings that have been secured. Do not lend keys or leave them unattended in your workspace. Do not give door entry or alarm codes to anyone you don’t know or who doesn’t have an authorized reason to have the code. Emergencies and situations posing an immediate threat to safety should be reported to Elite Beauty College Staff immediately by calling 911.

Crimes on Non-Campus Property and Concurrent Jurisdiction Crimes occurring in public properties adjacent to the Elite Campus are included in Elite Beauty College’s crime statistics for purposes of reporting under the Clery Act. Campus security authorities are individuals designated under the Clery Act as having the responsibility to report Clery crimes of which they become aware. Many individuals on campus are considered to be campus authorities based on their position and responsibilities at the college.  The Elite Staff is required to annually request statistics from other Law enforcement agencies that have concurrent jurisdiction over Elite Campus Properties and adjacent public property.

Clery Reporting Policies and Accuracy in Crime Reporting at Elite Beauty College take the safety of our students, staff, and faculty seriously. Elite Beauty College understands the importance of accurate crime and fire statistics to the public, staff/faculty, active students, prospective employees and students, and the United States Department of Education Office of Postsecondary Education. To ensure compliance for the 2019 Annual Safety and Security Report, the Elite Beauty College Staff department has reviewed and adjusted its policy on statistical data collection in accordance with recommendations from the United States Department of education. That policy is as follows:

15. REPORTING, COLLECTING, CLASSIFYING, COUNTING, RECONCILING AND CRIME STATISTICS

This policy describes the roles and responsibilities of key units that are involved in reporting, collecting, classifying, counting, reconciling and/or disclosing crime statistics in the Annual Security and Fire Safety Report (ASFSR) and to the Department of Education as required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (a.k.a., the “Clery Act”).

The policy is intended to ensure that all crimes reported to Campus Authorities and local law enforcement agencies are properly evaluated for inclusion into Elite Beauty College’s annual statistical disclosures and are accurately and completely disclosed.

DEFINITIONS:

Clery reportable crimes. The phrase Clery crimes, as used in this policy, means the crimes of

  1. Criminal Homicide, including:
  2. Murder/Non-negligent Manslaughter
  3. Manslaughter by Negligence
  4. Sexual Assault, including:
  5. Rape
  6. Fondling
  7. Incest
  8. Statutory Rape
  9. Robbery
  10. Aggravated Assault
  11. Burglary
  12. Motor Vehicle Theft
  13. Arson
  14. Hate crimes, to include any of the crimes noted above (except Manslaughter by Negligence) as well as any incidents of Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/Vandalism of Property that were motivated by bias
  15. Arrests for Weapons—Carrying, Possessing, Etc. Law Violations, Drug Abuse Violations and Liquor Law Violations
  16. Referrals for Disciplinary Action for Weapons—Carrying, Possessing, Etc. Law Violations, Drug Abuse Violations and Liquor Law Violations
  17. Domestic Violence
  18. Dating Violence
  19. Stalking

The following definitions will be used for reporting the Clery crimes, which are derived from the Federal Bureau of Investigation’s Uniform Crime Reporting (FBI’s UCR) program and Department of Education regulations:

  1. The definitions for Murder/Non-Negligent Manslaughter, Manslaughter by Negligence, Rape, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Weapons: Carrying, Possessing, Etc., Law Violations, Drug Abuse Violations, and Liquor Law Violations are from the “Summary Reporting System (SRS) User Manual” from the FBI’s UCR Program.
  2. The definitions of Fondling, Incest, and Statutory Rape are excerpted from the “National Incident-Based Reporting System (NIBRS) User Manual” from the FBI’s UCR Program.
  3. The definitions of Larceny-Theft (except Motor Vehicle Theft), Simple Assault, Intimidation, and Destruction/Damage/Vandalism of Property are from the “Hate Crime Data Collection Guidelines and Training Manual” from the FBI’s UCR Program.
  4. The definitions of Domestic Violence, Dating Violence, and Stalking are from the Department of Education’s Clery Act implementing regulations at 34 C.F.R. 668.46.

Primary Crimes. A category of crimes that includes Criminal Homicide (including Murder and Non-negligent Manslaughter and Manslaughter by Negligence); Sexual Assault (including Rape, Fondling, Incest and Statutory Rape); Robbery; Aggravated Assault; Burglary; Motor Vehicle Theft; and Arson.

VAWA Offenses. A category of crimes that includes Domestic Violence, Dating Violence, and Stalking.

Classifying. Determining the proper crime category or categories in which to report an offense.

Counting. Counting the number of offenses after they have been classified.

Reconciling. Comparing offenses reported from different people or entities to ensure, whenever possible, that unique incidents/crimes are being included in the Campus annual statistical disclosure.

Clery Geography. Those locations determined by the Elite Beauty College to conform to one or more of the Clery Act location categories of On-Campus, Non-campus buildings or property, and Public Property.

Unfounded report. A crime report made to a Campus Authority) or State or local law enforcement agencies that have been determined by sworn or commissioned law enforcement personnel to be false or baseless using Clery Act standards (as outlined in the Handbook for Campus Safety and Security Reporting, 2016 Edition). Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime reported was not, in fact, completed or attempted in any manner. Crime reports can be determined to be baseless only if the allegations reported did not meet the elements of the offense or were improperly classified as crimes in the first place.

Business Days. Tuesday through Saturday, excluding any day when the institution is closed.

16. Roles and Responsibilities

The following roles and responsibilities are established pertaining to the documentation, collection, classification, counting, reconciliation, and reporting of Clery crimes that must be included in the Campus annual statistical disclosure in compliance with the Clery Act.

  1. The official(s) leading on the campus listed below are responsible for ensuring that personnel within their classroom/program carries out these functions in a timely fashion and have received sufficient training commensurate with their roles and responsibilities.
  2. The Elite Beauty College Staff will be responsible for the following:
  3. Creating and maintaining a Clery Map to visually depict the institution’s core campus boundary and the reportable public property that is within or immediately adjacent to and accessible from the campus.
  4. Maintaining an updated list of the Campus Clery Geography.
  5. Distributing the Clery Geography list and Clery Map internally to staff and providing an updated list/map when the College’s Clery Geography changes.
  6. Documenting all crimes reported directly to the campus.
  7. Investigating all fires not immediately known to be accidental for purposes of making an Arson determination.
  8. Investigating all reports of incidents involving possible bias to determine if a crime occurred that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim (i.e., a Hate Crime).
  9. Ensuring that Unfounded reports are only identified as such following a formal determination made by sworn or commissioned law enforcement personnel that a crime report is false or baseless (in accordance with The Clery Act standards for unfounded crimes).
  10. Reporting all crimes reported directly to campus authorities for purposes of determining which reported offenses should be included in the campus’s annual crime statistics.
  11. Requesting, in writing and early in the calendar year, applicable crime statistics from all State and local law enforcement agencies with jurisdiction on or within the Elite Beauty College Clery Geography.
  12. Determining which crimes reported by State and local law enforcement agencies should be included in the Campus annual statistical disclosure.
  13. Requesting crime reports (at least annually, in writing) directly from all persons or organizations identified by Elite Beauty College as Campus Authorities.
  14. Classifying and counting all crime reports received from Campus Authorities to determine which offense(s) should be included in the College’s annual statistical disclosure.
  15. Reporting in the annual report will list but will not be limited and will include the following:
    • Case Number/Incident Number (if applicable)
    • Date of incident
    • Time of incident
    • Type of Offense
    • Name of Accused (if known)
    • Location of the Offense
    • Clery Geography
  1. Entering all crime reports that occurred within the Elite Beauty College Clery Geography.
  2. Maintaining documentation of all crime reports for a period of no less than seven (7) calendar years
    • Case Number/Incident Number (if applicable)
    • Date of incident
    • Time of incident
    • Type of Offense
    • Name of Accused (if known)
    • Location of the Offense
    • Clery Geography
  1. The Director and Office Manager shall be responsible for:
  2. Immediately notifying Muskogee Police Department of any reported incidents that could represent a serious or continuing threat to students and employees so that the report can be evaluated for potential issuance of a Timely Warning Notice.
  3. Training staff to document essential information regarding reported offenses and include this information in all incident reports filed helping ensure sufficient information is available to classify and count the reported offense, in the event the offense is a Clery crime.
  4. Ensuring all staff promptly document all crime reports.

17. Procedures

  1. The Director and Office Manager will engage in an ongoing review of reports for purposes of determining whether reported offenses should be included in the Campus annual statistical disclosure.
  2. The Director will be the individual with primary responsibility for collecting, classifying and counting crime reports from the individuals and entities. for maintaining an accurate and detailed of reported offenses.
  3. Normally, the Director will be the individual with primary responsibility for reviewing, classifying and counting incident reports submitted for maintaining an accurate and detailed audit trail of reported offenses.

To ensure compliance with the new Policy, Elite Beauty College Staff sent out a formal request e-mail to those concurrent jurisdiction agencies asking for crime information within the Clery geography. These concurrent jurisdiction agencies include the Muskogee Police Department, The Muskogee County Sheriff’s Office, and the Oklahoma Highway Patrol requesting any reportable cases that they may have handled. Elite Beauty College Staff strives to ensure the accuracy and transparency of our crime reporting.

18. Emergency Response and Evacuation Procedures

Elite Beauty College Staff conducts fire alarm tests and emergency evacuation procedures training to students. The Spring 2020 drills were conducted on April 1, 2020, and the Fall 2020 drills are scheduled for October 2020 This included an unannounced fire alarm and building evacuation. At the conclusion of the fire alarm and building evacuation test, the director conducted training on evacuation rally points/procedures, consequences for failure to evacuate and tornado drill training as our campus is also located in the heart of “Tornado Alley”. Elite Beauty College will conduct the Fall Emergency Response and evacuations procedures test later in 2020 to ensure compliance.  Tornado procedures are also in the discussed upon orientation.

19. Emergency Notifications and Timely Warnings

Pursuant to the Department of Education Campus Safety and Security guidelines, it is the duty of the Elite Beauty College to ensure the issuance of timely warnings, emergency notifications, and ensure that evacuation procedures are established and known. Elite Faculty, Staff, Students and clientele that become aware of an active criminal threat, weather emergency or fire emergency shall call 9-1-1 first to ensure the proper resources are sent for the emergency and ensure that the Elite Beauty College Staff are informed. The Elite Beauty College Staff shall immediately notify all in proximity and issue the emergency notification or timely warning to the Campus. Nothing in this policy shall prohibit the Elite Beauty College Staff from first dealing with the life-threatening emergency to save lives prior to sending out this notice. Evacuation routes shall be posted in the buildings. At the beginning of each orientation, all Faculty Staff, volunteers and students shall receive training in Campus Emergency protocol and evacuation procedures.

20. Emergency Notifications and Procedures used for Issuance

Under the Clery Act, the campus uses emergency notifications to students and employees when certain threatening events take place within Elite Beauty College’s Campus Clery geography. When is an emergency notification necessary?  Under the Clery Act, the institution is required to notify the Elite Beauty College campus community as soon as there is reasonable confirmation of a significant emergency or dangerous situation occurring on or near the Elite Beauty College campus that involves an immediate threat to the health or safety of students or employees. The College is not required to alert the campus community if a threat to campus is immediately contained. An immediate threat includes an imminent or impending threat, such as an active assailant, approaching tornado, flood or other natural disasters. This could include an active fire currently in a campus building, i.e.,

Elite Beauty College Staff immediately gathers information upon responding to a report of an emergency or dangerous situation and evaluate the situation as quickly as possible for any immediate risk to the campus community. Officers who respond will evaluate the situation to determine if there is an immediate threat, such as an active shooter, hazardous material released, fire, or other threat. Information can be limited in the first moments of police response, but officers will work to quickly gather initial information from as many people as possible, visually assess the situation, and look for evidence of a crime. However, if the information available indicates that there is an immediate risk to the health and safety of the campus, even if a report has not been verified as credible, the responding Elite Staff will initiate the process of sending an emergency alert. The staff weighs the possible risk of compromising law enforcement efforts or endangering a victim of a crime before sending an emergency alert. If a threat has been immediately contained by law enforcement, or if the incident appeared to be targeted toward specific individuals known to the assailant and there is no threat to other individuals, no warning is issued. Some examples of situations in which an emergency notification would also be considered include but are not limited to:

  1. Approaching tornado, other extreme weather conditions, earthquakes
  2. Gas leak, chemical spill, outbreak of communicable disease as determined by health authorities on or near campus
  3. Terrorist incidents, Riots or civil unrest on or near campus
  4. Armed intruder, active assailant/active shooter or fleeing fugitive on or near campus
  5. Bomb threat on or near campus
  6. Explosion or large fire on campus

Generally, all university employees and students will receive alerts, including email messages, and a text message to subscribers. All employees and students are strongly urged to sign up for text alerts, no segment of the campus population is automatically enrolled. Students can verify if their phone number is enrolled to receive message alerts by contacting the Director or the Office Manager. In some cases, social media accounts also will share emergency information.

21. Timely Warnings and Procedures used for issuance

When is a timely warning necessary?  When a Clery category crime is reported to the Elite Staff, the report is assessed for whether a serious or continuing threat is present. Elite Staff department is responsible for issuing a timely warning if a Clery Act crime has been reported and the department determines there is a serious or continuing threat to the campus community. The Clery Act does not define “timely,” but the intent of the warning is to promptly provide information to people to help them prevent or protect themselves from similar crimes. Timely warnings are issued on a case‐by-case basis to help reduce the risk of a campus community member becoming the victim of a similar crime. Warnings sometimes are issued before complete information is available and before police can determine if a report is credible. Once an initial report of a crime has been received that may fit the criteria for a timely warning, Elite Beauty College Staff will determine if a timely warning should be issued. Determining if a timely warning will be sent depends on the information reported, the timing of the report (if the report is made after a threat has passed) and if continuing concern to the campus community is probable. Timely warnings may be issued to the entire campus community through:

  1. The Elite Beauty College emergency email system, which is moved as a priority message before all other email traffic into and out of the university system. This system sends emails to all students and employees, and no one can opt-out of receiving messages.
  2. Postings to the Elite Beauty College website, www.ebcollege.net.

 22. Sharing Information with the Community Outside of Campus

Timely warnings of threats will be issued to the non-campus community using other measures including but not limited to press releases, calls to the local media, website postings or the use of concurrent jurisdiction press information officers. Elite Beauty College is an institution of the community and understands the need for open communication, especially in matters relating to the safety of our students and the surrounding community.

23. Active Shooter and Active Killer Procedures

Elite Beauty College Staff Department is aware of the threats that a College campus can face. Elite Beauty College Staff has established a policy and created procedures in the event of an active killer situation. That policy is as follows:

POLICY: This policy describes the procedures for students to follow in the event of an active killer (commonly referred to as an active shooter) incident on campus. Elite Beauty College prescribes to a practice commonly known as RUN/HIDE/FIGHT

DEFINITIONS:

ACTIVE SHOOTER/KILLER is “an individual actively engaged in killing or attempting to kill people in a confined and populated area.”  In most cases, active shooters use firearms and there is no pattern or method to their selection of victims.

ACTIVE THREAT is defined as any incident which by its deliberate nature creates an immediate threat or presents an imminent danger to the campus community.   PROCEDURES IN THE EVENT OF AN ACTIVE KILLER INCIDENT

  1.  ALERT (NOTIFY)
    1. In the event of an active shooter situation on campus, Faculty, Staff or Students Shall notify the emergency communications center by dialing 911. This procedure will not only notify Elite Beauty College Staff, but it will also allow for a response from other law enforcement agencies as well as medical and fire agencies in the fastest manner possible.
    2. Stay on the phone and continue to provide critical information to the 911 center until they advise to break contact, or you no longer feel it is safe to talk.
  2. EVACUATE (RUN)
    1. In the event of an active shooter situation on campus, Faculty, Staff, and students shall, providing that it can be done safely, evacuate themselves and students from the building where the incident is occurring.
    2. It should be noted that since we are a college campus with multiple buildings, evacuation should only occur in the building where the event is taking place.
  3.  LOCKDOWN (HIDE) A. In the event of an active shooter situation on campus and if evacuation is not achievable then Staff and Faculty should go into Lock Down Mode.
    1. Lockdown mode consists of closing and locking all doors, turning out the lights, closing blinds if possible, and heavily barricade the door using a desk, tables, or whatever is available.
  4. CONFRONT (FIGHT)
    1. If Evacuation is not an option and Staff, Faculty and Students have barricaded themselves but have been located and confronted by the killer(s), it may be necessary to confront the threat. This means taking appropriate action such as fighting, tackling, or attacking the killer with whatever is available to them. Simple items such as fire extinguishers and staplers have been used in situations as defensive objects when thrown. DO NOT take this lightly!! You are in the very fight for your life!! Your survival may depend on your ability to keep your wits about you, your acceptance that this is a real threat as well as your awareness of the campus and your surroundings.

24. Elite Beauty College Critical Incident Response

The Elite Beauty College Staff have not received professional training in responding to critical incidents on campus. When a serious incident occurs on campus, Elite Beauty College first action is to contact local authorities. They are usually the first emergency responder on the scene. Depending upon the nature of the incident, Muskogee Fire Department and other agencies, if needed, may be requested to assist.

Every Elite Beauty College employee is responsible for:

  1. Surveying buildings to proactively mitigate and plan for emergencies
  2. Helping notify the College about risks in buildings and on campus grounds, and educating colleagues about risks in their areas
  3. Knowing and understanding the building safety plan for the buildings they primarily occupy
  4. Learning the locations of exit routes, exit stairwells, pull stations, fire extinguishers
  5. Knowing and posting emergency phone numbers
  6. Participating in all fire drills, treating every alarm as an actual emergency and evacuating a building during an alarm
  7. Learning the needs of anyone for whom you are responsible who may need assistance during an emergency
  8. Knowing rally point locations
  9. Calling 911 immediately during an emergency
  10. Faculty who are teaching classes at the time of an emergency are responsible for the orderly evacuation of class participants and should be the last one out of the classroom to verify evacuation for responders.
  11. DO NOT take time to turn off computers, printers or office lights. Close, but DO NOT lock office door and windows.
  12. Gather your personal belongings if it is safe to do so. (Reminder: take prescription medications out with you if possible; it may be hours before you are allowed back in the building.)
  13. Exit the building through the closest exit.
  14. All personnel should be familiar with exit paths for their areas. REFER TO YOUR FLOOR PLAN and be familiar with the shortest path possible and a secondary exit.
  15. Proceed in an orderly manner as quickly as possible to the nearest exit and then to the designated rally point. Be alert for individuals with disabilities or injuries who may need assistance. However, under no circumstances should an individual risk or jeopardize his or her personal safety to rescue another person. All occupants who are physically incapable of exiting the building without assistance should go to the nearest stair tower or area of refuge and await rescue. Notify the building proctor or responding emergency personnel of any known individual that may be unable to independently exit the building.
  16. Stay at the designated rally point until you are instructed to leave. This way an accurate headcount can be taken. Faculty and lab assistants are responsible for the students. Keep streets, fire lanes, hydrant areas and walkways clear for emergency vehicles and personnel.
  17. Upon the arrival of Staff, other Staff and first responders will assist them in whatever manner they request or direct.
  18. Emergency alarms being turned off DOES NOT mean the building is clear and safe to re-enter. They are silenced so that emergency response personnel can communicate with each other. DO NOT REENTER THE BUILDING for any reason until instructed to do so by the fire department, EHS, or police officials.

 

In case of a full campus evacuation:

  1. Evacuate as instructed in the emergency announcement.
  2. Leave by a vehicle unless instructed otherwise.
    • Do not return to campus until instructions are received saying it is safe.
    • Move to designated campus rally points if unable to go home or if you are instructed to do so.
  3. Also, see the evacuation procedures for fire emergencies described in the section on Fire Safety on Campus and Evacuation Procedures.

25. Missing Student Policy and Official Notification Procedures, Confidential Student Contacts

Pursuant to the Department of Education Campus Safety and Security guidelines, it is the duty of all Elite Faculty, Staff are to report Missing Persons that occur on Elite Beauty College Campus ground or on any public property that is adjacent to the campus.  If the Faculty, Staff or Elite Beauty College has firsthand knowledge OR information from another reporting person of a missing person the employee should notify the Elite Beauty College Director Immediately at numbers 918-910-5000. If the Faculty, Staff or Elite Beauty College knows where the missing person was last seen on campus, the employee should secure that area and deny access to others until Police arrive. The Director shall notify the missing person’s contact person of the disappearance as soon as practical but NEVER more than 24 hours after the initial report.

These procedures apply to students who reside in on‐campus housing. If anyone believes that any Elite student who resides in on‐campus housing is missing for more than 24 hours, he or she should immediately notify the Elite Beauty College Staff Department at 918-910-5000. A person also may report that a student is missing to any staff at 918-910-5000.

26. Interpersonal Violence Education and Response:  Sexual Assault, Domestic Violence, Dating Violence and Stalking

Elite Beauty College is aware of the toll that interpersonal violence can take on a victim. Elite Beauty College expressly prohibits any physical violence, sexual assault, domestic violence, dating violence, and stalking.

Definitions You Should Know 

The College has adopted the definition of “dating violence”, “domestic violence” and “stalking” as found in 42 U.S.C. §13925(a).

Offenses prohibited under the College’s policy include, but are not limited to sexual harassment, sex discrimination (including sexual orientation discrimination and gender identity or gender expression discrimination), non-consensual sexual intercourse (or attempts to commit same), non-consensual sexual contact (or attempts to commit same), sexual coercion, domestic/dating violence, stalking, and sexual exploitation, and any attempts to commit the same.

Sex Discrimination: includes sexual harassment and is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education, or institutional benefits, on account of gender (hereinafter defined as including sexual orientation, gender identity, or gender  expression) discrimination. It may include acts of verbal, nonverbal, or physical aggression. Intimidation, or hostility based on gender or gender-stereotyping, even if those acts do not involve conduct of a sexual nature.

Pregnancy Discrimination: The College prohibits discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom. Discrimination of the basis of pregnancy should be reported in accordance with this policy. Employees with questions regarding accommodations during pregnancy are encouraged to contact the Office of Human Resources, students and visitors with questions regarding accommodations during pregnancy are encouraged to contact the Office of Student Support Services. For complaints arising under this policy, please report to the Title IX Coordinator.

Sexual Harassment: Sexual harassment is a form of sex discrimination. Sexual harassment is unwelcome and discriminatory speech or conduct undertaken because of an individual’s gender or is sexual in nature and is so severe, pervasive, or persistent, objectively and subjectively offensive that it has the systematic effect of unreasonably interfering with or depriving someone of educational, institutional, or employment access, benefits, activities, or opportunities.  Students, employees, and visitors who are subject to or who witnesses unwelcome conduct of a sexual nature are encouraged to report the incident(s).

Intimidation, or hostility based on gender or gender-stereotyping, even if those acts do not involve conduct of a sexual nature.

Pregnancy Discrimination: The College prohibits discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom. Discrimination of the basis of pregnancy should be reported in accordance with this policy. Employees with questions regarding accommodations during pregnancy are encouraged to contact the Office of Human Resources, students and visitors with questions regarding accommodations during pregnancy are encouraged to contact the Office of Student Support Services. For complaints arising under this policy, please report to the Title IX Coordinator.

Sexual Harassment: Sexual harassment is a form of sex discrimination. Sexual harassment is unwelcome and discriminatory speech or conduct undertaken because of an individual’s gender or is sexual in nature and is so severe, pervasive, or persistent, objectively and subjectively offensive that it has the systematic effect of unreasonably interfering with or depriving someone of educational, institutional, or employment access, benefits, activities, or opportunities.  Students, employees, and visitors who are subject to or who witnesses unwelcome conduct of a sexual nature are encouraged to report the incident(s).

Hostile Environment Sexual Harassment includes conduct that is sufficiently severe, pervasive, or persistent, objectively and subjectively offensive that it alters the conditions of education or employment or institutional benefits of a reasonable person with the same characteristics of the victim of the harassing conduct. Whether conduct is harassing is based upon examining a totality of circumstances, including but not limited to:

  1. the frequency of the conduct;
  2. the nature and severity of the conduct;
  3. whether the conduct was physically threatening;
  4. whether the conduct was deliberate, repeated humiliation based upon gender;
  5. the effect of the conduct on the alleged victim’s mental or emotional state from the perspective of a reasonable person;
  6. whether the conduct was directed at more than one person;
  7. whether the conduct arose in the context of other
  8. discriminatory conduct;
  9. continued or repeated verbal abuse of a sexual nature, such as gratuitous suggestive comments and sexually explicit jokes; and
  10. whether the speech or conduct deserves constitutional protections.

Quid Pro Quo Sexual Harassment exists when individuals in positions of authority over the complainant:

  1. make unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
  2. indicate, explicitly or implicitly, that failure to submit to or the rejection of such conduct will result in adverse educational or employment action or where participation in an educational program or institutional activity or benefit is conditioned upon the complainant’s submission to such activity.

Retaliation is any attempt to penalize or take adverse employment, educational or institutional benefit action, including but not limited to making threats, intimidation, reprisals or other adverse action, against a person because of participation in a complaint or the investigation of discrimination, sexual harassment or sexual misconduct.

Sexual Violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Several acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual misconduct, and sexual coercion.

Non-Consensual Sexual Intercourse is defined as any sexual intercourse or penetration of the anal, oral, vaginal, genital opening of the victim, including sexual intercourse or penetration by any part of a person’s body or by the use of an object, however slight, by one person to another without consent or against the victim’s will. This definition includes rape and sexual assault, sexual misconduct, and sexual violence.

Non-Consensual Sexual Contact is any intentional touching, however slight, whether clothed or unclothed, of the victim’s intimate body parts (primarily genital area, groin, inner thigh, buttock or breast) with any object or body part, without consent and/or by force. It also includes the touching of any part of a victim’s body using the perpetrator’s genitalia and/or forcing the victim to touch the intimate areas of the perpetrator or any contact in a sexual manner even if not involving contact of or by breasts, buttocks, groin, genitals, mouth or other orifice. This definition includes sexual battery and sexual misconduct.

Retaliation is any attempt to penalize or take adverse employment, educational or institutional benefit action, including but not limited to making threats, intimidation, reprisals or other adverse action, against a person because of participation in a complaint or the investigation of discrimination, sexual harassment or sexual misconduct. Sexual Violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Several acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual misconduct, and sexual coercion. Non-Consensual Sexual Intercourse is defined as any sexual intercourse or penetration of the anal, oral, vaginal, genital opening of the victim, including sexual intercourse or penetration by any part of a person’s body or by the use of an object, however slight, by one person to another without consent or against the victim’s will. This definition includes rape and sexual assault, sexual misconduct, and sexual violence. Non-Consensual Sexual Contact is any intentional touching, however slight, whether clothed or unclothed, of the victim’s intimate body parts (primarily genital area, groin, inner thigh, buttock or breast) with any object or body part, without consent and/or by force. It also includes the touching of any part of a victim’s body using the perpetrator’s genitalia and/or forcing the victim to touch the intimate areas of the perpetrator or any contact in a sexual manner even if not involving contact of or by breasts, buttocks, groin, genitals, mouth or other orifice. This definition includes sexual battery and sexual misconduct. Sexual Coercion is the act of using pressure (including physical pressure, verbal pressure or emotional pressure), alcohol, medications, drugs, or force to have sexual contact against someone’s will or with someone who has already refused. This includes rape, sexual assault, sexual exploitation, and sexual misconduct. Sexual Exploitation occurs when a person takes non-consensual, unjust or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior may not otherwise constitute one of the other sexual misconduct offenses. Other forms of misconduct based on one’s gender also constitute violations of this policy including threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;

Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities based on gender;

Harassment, defined as unwelcome and discriminatory speech or conduct was undertaken because of an individual’s gender or that is sexual in nature that has the systematic effect of unreasonably interfering with or depriving someone of educational, institutional, or employment access, benefits, activities, or opportunities.  Gender-based intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;

Gender-based hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the College community, when related to the admission, initiation, pledging, joining or other group-affiliation activity;

Gender-based bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the First Amendment);

Violence, including assault, battery or other physical abuse between those in an intimate or dating or romantic relationship with each other, when the accused is or has been in a social relationship of a romantic or intimate nature with the accuser.

Domestic Violence under College policy means violence committed by a:

  1. Current or former spouse of the victim;
  2. A person with whom the victim shares a child in common;
  3. A person who is cohabitating with or has cohabitated with the victim as a spouse;
  4. A person similarly situated to a spouse of the victim under Oklahoma domestic or family violence laws;
  5. Any other person against an adult or youth victim who is protected from that person’s acts under Oklahoma domestic or family violence laws

Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community or the safety of any of the immediate family members of the community.

Coercion is unreasonable pressure for sexual activity.

Consent is the act of willingly agreeing to engage in sexual contact or conduct. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and the absence of “No” may not mean “Yes”. Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions if those words or actions create mutually understandable permission regarding the conditions of sexual activity. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent does not imply consent to future sexual acts.

Consent cannot be procured by the use of physical force, compelling threats, intimidating behavior, or coercion. In order to give effective consent, one must be of legal age and have the capacity to consent. Incapacity may result from mental disability, intellectual disability, unconsciousness/ sleep, age, or use of alcohol, drugs, medication, and/or other substances. Consent cannot be given by someone who one should know to be or based on the circumstances, reasonably should have known to be, mentally or physically incapacitated. Incapacitation is a state where someone cannot make rational, reasonable decisions because he or she lacks the capacity to give knowing consent (e.g. to understand the “who, what, when, where, why or how” of their sexual interaction). Incapacity may result from a level of alcohol ingestion that is more severe than impairment, being under the influence, drunkenness or intoxication. It is less severe than alcohol poisoning or overdose. Whether a person is incapacitated is a subjective determination that will be made after the incident and considering all facts available. Individuals reach incapacitation at different points and as a result of different stimuli [and] exhibit incapacity in different ways.  Note that indications of consent are irrelevant if the initiator knows or should reasonably have known of the incapacity of the other person.

Examples of when a person should know the other is incapacitated include, but are not limited to:

  1. alcohol, medication or drug use, or
  2. imbalance or stumbling, or
  3. slurred speech, or
  4. lack of consciousness or inability to control bodily
  5. functions or movements, or
  6. vomiting.

In accordance with the Violence Against Women Reauthorization Act of 2013, please be advised that the following definitions are applicable should you wish to pursue Oklahoma state criminal or civil actions in addition to disciplinary action.

These definitions may differ from the College’s administrative policy definitions noted above. The College’s administrative system and disciplinary procedures are separate and distinct from those available to someone in a state civil or criminal action. Individuals may seek administrative remedies in accordance with this policy and may seek state or federal civil or criminal remedies for the same incident through the applicable systems. The definitions set forth below are reviewed and verified annually; for a more frequently updated resource, please consult Oklahoma’s State Court Network site: http://www.oscn.net.

Oklahoma Criminal Law Definition of Rape

  1.  21 Oklahoma Statutes §1111
  2. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
    • Where the victim is under sixteen (16) years of age; o Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;
    • Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
    • Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
    • Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
    • Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;
    • Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; or
    • Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system.
  3. Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.

Definition of Consent under Oklahoma Criminal Law 21 Oklahoma Statutes §1114A

  1.  Lack of consent in rape cases where: o rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
    • rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
    • rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or
    • rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or
    • rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
    • rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
    • rape by instrumentation committed upon a person under fourteen (14) years of age.

Definition of Domestic/Dating Violence under Oklahoma Criminal Law 21 Oklahoma Statutes §644

  •  domestic and dating violence as any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of domestic abuse.

 Definition of Stalking under Oklahoma Criminal Law 21 Oklahoma Statutes 1173

  •  Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that; o Would cause a reasonable person or a member of the immediate family of that person to feel frightened, intimidated, threatened, harassed, or molested; and o Actually, causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

Some examples of stalking could include some of the following behaviors:

  1. Drive-by or hang out at your home, school, or work
  2. Threaten to hurt you, your family, friends, or pets
  3. Find out about you by using public records or online search services, hiring investigators, going through your garbage, or contacting friends, family, neighbors, or co‐workers
  4. Posting information or spreading rumors about you on the internet, through social media, in a public place, or by word of mouth
  5. Other actions that control, track, or frighten you

27. Reporting Interpersonal Violence/Confidential Reporting

Victims are not required to report to law enforcement to receive assistance. However, reporting enables the university to take action to prevent a recurrence and protect both the victim and the campus community. Anyone who may be the victim of sexual harassment, sexual misconduct, relationship violence, or stalking, or who is a bystander observing such behavior, is encouraged to report it. Victims of sexual assault, domestic violence, dating violence, or stalking who local facilities representative from the Women In Safe Homes (WISH) are informed that they have several options available to them for involving law enforcement and campus authorities:

  1. Report the Incident to Staff. Pursuant to the Department of Education Campus Safety and Security guidelines, it is the policy of Elite Beauty College to set up procedure for students and staff to report crimes that have occurred or are in progress on Elite Beauty College Campus ground, any property owned or under the control of the College or on any public property that is adjacent to the campus. Elite Beauty College policy states that it is a duty to report if the student or staff member witness’ criminal activity or any other situation that is an immediate threat to the safety of any person or property on the Campus. In these emergencies, the witness shall call 9-1-1 to ensure adequate resources, including the Elite Beauty College Staff, are sent to the scene. If the crime is not an emergency, the caller should notify the Elite Beauty College Staff Department’s non-emergency number at 918-910-5000.
  2. If the student DOES NOT want Law Enforcement involved, the student can contact the Director at 918-910-5000 so that an administrative investigation can be completed. Students have the right to report crimes and remain anonymous to ensure that those crimes are documented in the Annual Security and Fire Safety Report.
  3. If the student DOES NOT want to talk to Campus staff to report a crime (other than those in progress or an immediate threat to safety) the student may call The Oklahoma School Security Institute at 1-855-337-8300.

The representatives from our partners at W.I.S.H. can be reached at 918‐682-7878. This organization can also assist students who have been impacted by these crimes.

Elite Beauty College recognizes the often‐sensitive nature of the sexual assault, domestic violence, dating violence, and stalking incidents. Elite Beauty College, Along with our partners, offers confidential resources and protects the privacy of any individual who makes a report to the extent possible, while also meeting any obligations related to the investigation and response to known reports to protect the victim, prevent a recurrence or protect campus safety.

  1. Information about reports will only be shared with university personnel as needed to investigate and effectively respond to the report. Every effort will be made to limit the scope of information shared to keep it to a minimum of detail, and only when deemed necessary.
  2. Reports made to medical professionals, licensed mental health counselors, and Victim Assistance Team members will not be shared with any third parties except in cases of imminent danger to the victim or a third party, or when abuse of someone currently under 18 is reported.
  3. Advocates receive special training in the physical, psychological, and legal ramifications of sexual assault.
  4. Advocates are bound by state statute to maintain strict confidentiality. All publicly available records kept by the university will maintain the confidentiality of the victim and any other necessary parties, to the extent allowed by law.
  5. The information gained as part of victim advocacy must be treated confidentially and cannot be released without the victim’s permission.
  6. Advocates will provide information about options related to crime reporting, but the final decision is up to the individual victim.
  7. The staff of the College should be aware that the College often has minors on its campus for a variety of reasons:
    • field trips
    •  on-site tours

Should you have a reasonable suspicion of any abuse or neglect of a minor while on College property, or where the minor is in your care at a College-related event, but the abuse may have occurred off-campus, irrespective of whether you are a mandatory reporter, you have an independent obligation under Oklahoma state law to notify the Oklahoma Department of Human Services immediately (1-800-522-3511) and local law enforcement and/or Elite Beauty College Staff (918-910-5000). If any incidents also involve violations of the Sexual Misconduct, Discrimination, and Harassment policy, you must contact DHS, Elite Beauty College Staff (918-910-5000) and the Muskogee Police Department by dialing 9-1-1.

The Director has primary responsibility for investigations, education, and training associated with this Policy and for such other duties as assigned by Federal law.

With respect to cases of sexual harassment and sexual misconduct, the College offers services to the victim and will engage in a discussion concerning appropriate interim measures, e.g. scheduling adjustments, no contact orders, blocking emails, referral to counseling services, etc. as further described in the Annual Clery Act Disclosures. Phone numbers and contact information for off-campus resources are also found in the Annual Clery Act Disclosure

The campus community enjoys significant free speech protections guaranteed by the First Amendment of the United States Constitution. This policy is intended to protect members of the College community from discrimination and is not designed to regulate protected speech. No provision of this policy shall be interpreted to prohibit conduct that is legitimately related to course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state anti-discrimination laws.

In addition to seeking criminal charges through local law enforcement, members of the College community may also file complaints with the following entities irrespective of whether they choose to file a complaint under this procedure:

Office of Civil Rights:  Washington D.C. https://www2.ed.gov/about/offices/list/ocr/complaintintro.html 1-800-421-3481

Equal Employment Opportunity Commission:  Washington D.C.: 1-800-669-4000 https://www.eeoc.gov/

State of Oklahoma Attorney General’s Office:  Office of Civil Rights Enforcement: (405) 521-3921 http://www.oag.ok.gov/civil-rights-enforcement-unit

28. Information about Registered Sex Offenders

The Oklahoma Sex and Violent Crime Offender Registry is maintained by the Oklahoma Department of Correction and is available via Internet pursuant to Oklahoma state law (Sex Offenders Registration Act, 57 O.S. 581-590). Information about sex offenders in the area currently registered can be found at https://sors.doc.state.ok.us/

29. Reportable Crime Statistics

The table or graph on the following pages shows the reportable crime statistics for institutions of higher learning. The list is not all-inclusive of every incident that occurs on campus, but as you can see it is indicative of the serious offenses and arrests of concern for anyone that is currently a member of the campus community OR any prospective member of the campus community. This statistical information is of public record and can also be found at the Department of Education’s Campus Safety statistics:  https://ope.ed.gov/campussafety/#/  

Elite Beauty College Crime Statistics
Geographic Locations:  On Campus and Public Property
Offense Years On-Campus Public Property
1. Criminal Homicide      
a. Murder and Non-negligent Manslaughter 2018 0 0
2017 0 0
2016 0 0
b. Manslaughter by Negligence  2018 0 0
2017 0 0
2016 0 0
2. Sexual Assault      
a. Rape 2018 0 0
2017 0 0
2016 0 0
b. Fondling 2018 0 0
2017 0 0
2016 0 0
c. Incest 2018 0 0
2017 0 0
2016 0 0
d. Statutory Rape 2018 0 0
2017 0 0
2016 0 0
3. Robbery  2018 0 0
2017 0 0
2016 0 0
4. Aggravated Assault 2018 0 0
2017 0 0
2016 0 0
5. Burglary  2018 0 0
2017 0 0
2016 0 0
6. Motor Vehicle Theft   2018 0 0
2017 0 0
2016 0 0
7. Arson    2018 0 0
2017 0 0
2016 0 0
Hate Crimes                                           

 (Larceny-Theft, Simple Assault, Intimidation, and                                                          Destruction/Damage/Vandalism of Property)

2018 0 0
2017 0 0
2016 0 0

 

Elite Beauty College Crime Statistics (Cont’d.)
Geographic Locations:  On Campus and Public Property
Violence Against Women Act (VAWA)
Offenses Year On-Campus Public Property
Dating Violence 2018 0 0
2017 0 0
2016 0 0
Domestic Violence 2018 0 0
2017 0 0
2016 0 0
Stalking 2018 0 0
2017 0 0
2016 0 0

 

 

 

 

Elite Beauty College Crime Statistics (Cont’d.)
Geographic Locations:  On Campus and Public Property
Arrest and Disciplinary Referrals
Offenses Year On-Campus Public Property
Arrests- Weapons:  Carrying, Possessing, Etc. 2018 0 0
2017 0 0
2016 0 0
Disciplinary Referrals- Weapons:  Carrying, Possessing, Etc. 2018 0 0
2017 0 0
2016 0 0
Arrests:  Drug Abuse Violations  2018 0 0
2017 0 0
2016 0 0
Disciplinary Referrals:  Drug Abuse Violations 2018 0 0
2017 0 0
2016 0 0
Arrests:  Liquor Law Violations  2018 0 0
2017 0 0
2016 0 0
Disciplinary Referrals:   Liquor Law Violations  2018 0 0
2017 0 0
2016 0 0

 

Elite Beauty College Crime Statistics (End). 

Caveat Statement:  Elite Beauty College does not have any non-campus buildings or property.   

Unfounded Crime Statistics 
Year                       On campus                                                                             Public Property
2018 0 0
2017 0 0
2016 0 0

 

 

30. 2019 Annual Fire Safety Report and Statistical Data

Evacuation Procedures

When the fire alarm is sounded, all students are required to evacuate to a designated rally point as safely and quickly as possible. Building plans and emergency routes are posted on each floor of student housing facilities. College staff and/or law enforcement will conduct a “knock and yell” sweep to ensure that each area of the student housing facility has been evacuated. Persons failing to evacuate when directed will be removed by fire officials or law enforcement and may face arrest and subsequent criminal charges. Designated persons at the rally points will direct the students further and ensure that all students are accounted for.

Fire Safety Programs and Reporting Fire safety evacuation procedures are included in the Student Handbook. They are discussed at orientation and again during scheduled fire drills.

Fire Safety Systems
The Facility is equipped with smoke detectors. As of the date of this report, all fire extinguishers are maintained and inspected on an annual basis.

Fire Drills
Elite Beauty College held fire drills for each student housing facility and recorded these drills in the annual fire safety report.   2020 Spring semester:  Pending

2020 Fall: Pending

Fire Statistics 

2016 Housing Fires: 0 Note, there no fires reported in the reporting year 2016.

TOTALS : 0

2017 Campus Fires: 0 Note, there no fires reported in the reporting year 2017.

TOTALS : 0

2018 Housing Fires: 0 Note, there no fires reported in the reporting year 2018.

Totals: 0

 

END OF REPORT

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