- Sexual Harrassment
- General Harrassment
- Students with Disabilities
- Tobacco-free Campus
It is against college policy to sexually harass or to discriminate against any member of the College community on the basis of sex. Such actions are prohibited not only by the College, but also by Section 703, Title VII of the Civil Rights Act of 1963 and Title IX of the Education Amendments Act of 1972. Violation of these Acts may subject the College and/or individuals to disciplinary action and may have legal consequences.
The State of Arkansas defines sexual assault as any crime where a person subjects their victim to unwanted sexual activity. Arkansas law breaks down the crime of sexual assault into four degrees: Class A, Class B, Class C and Class D felonies.
Class A Felony - First-Degree Sexual Assault
Engaging in sexual intercourse or deviate sexual activity with a minor constitutes first-degree sexual abuse. Ark. Code 5-14-124 (sexual assault in the first degree); Ark. Code 5-14-101 (definitions)
Class B Felony - Second-Degree Sexual Assault
If someone engages in sexual contact with someone by forcible compulsion, they may be guilty of second-degree sexual assault. Ark. Code 5-14-125 (sexual assault in the second degree); Ark. Code 5-14-101 (definitions)
Class C Felony - Third-Degree Sexual Assault
A minor who engages in sexual intercourse or deviate sexual activity with someone under 14 years old may be guilty of a third-degree sexual assault. Ark. Code 5-14- 126 (sexual assault in the third degree); Ark. Code 5-14-101 (definitions)
Class D Felony - Fourth-Degree Sexual Assault
It is against the law to have sexual relations with a minor who is more than four (4) years younger than you. This qualifies as fourth-degree sexual abuse. Most refer to this crime as “statutory rape.” Ark. Code 5-14-127 (sexual assault in the fourth degree); Ark. Code 5-14-101 (definitions)
Rape - Class Y Felony
Rape happens when someone engages in sexual acts with a third-party using force and without the person’s consent. This crime most closely resembles people’s general understanding of rape. This crime is punishable by imprisonment. Ark. Code 5-14-126; Ark. Code 5-14-127; Ark. Code 5-14-101 (definitions)
Unwanted sexual behavior has no place at Arkansas Baptist College. It violates the College’s core values, including its commitment to equal opportunity and inclusion, and will not be tolerated. Sex discrimination and sexual harassment are prohibited by the College policy and can constitute violations of state and/or federal law. State and federal laws, including Title IX of the 1972 Education Amendments, prohibits sex-based discrimination in all the College’s programs and activities. Other state and federal laws including the Violence Against Women Act (VAWA), as amended, prohibit sexual assault, stalking and relationship violence, including dating and domestic violence.
The Sexual Misconduct Policy applies to ALL members of Arkansas Baptist College-Administration, Faculty, Staff, Students, Visitors and Vendors/Contractors prohibit sexual harassment, sexual assault, sexual exploitation, stalking, relationship violence (including dating and domestic violence) and related retaliation. See www.arkansasbaptist.edu/titleix. Any incidents or concerns regarding sexual misconduct should be reported immediately, even if the person concerned about or harmed by the misconduct is unsure about pursuing a disciplinary complaint through this process. “Responsible Employees” under the Sexual Misconduct Policy are required to promptly report allegations of sexual misconduct that they observe or learn about to the Title IX Coordinator.
Arkansas Baptist College is committed to assisting complainants of Sexual Misconduct through various support services available for ALL members of the Campus community. These support services are available to ALL even if they choose not to file or pursue a disciplinary complaint or if the status of a respondent to the College is unclear (unenrolled student, non-employee). Everyone should feel assured that these support services will be available to them throughout this process and even after the conclusion of the adjudication process. Individuals who wish to receive confidential support services are encouraged to speak to the Title IX Coordinator or Deputy Title IX Coordinators for referral to a local agency. Individuals should contact the Department of Campus Safety at 501.786.7356 if they have concerns about their safety or call 911 for the Little Rock Police Department (LRPD).
To make a report online, please visit www.arkansasbaptist.edu/titleix, click on the “Report an Incident” button. Any member of the Arkansas Baptist College community can file a report or complaint of sexual misconduct online. Online reporting provides individuals with the option to report anonymously if they choose. However, anonymous complainants should understand that while the College will do its best to address anonymous complaints and reports, although, it may be limited in its ability to investigate and otherwise respond to or address them. Please note that the College will never utilize mediation for the resolution of issues of sexual assault or other sexual violence, and parties will not be required to resolve this matter through direct communication with each other. The College will always respond to sexual misconduct that has been reported to stop prohibited conduct, prevent the recurrence of any conduct of concern, prevent and/or eliminate any hostile environment, and, where appropriate, address any effects on campus from such prohibited conduct.
Arkansas Baptist College is committed to addressing and working towards preventing crimes of sexual violence. Retaliation against anyone who reports an incident or brings forward a complaint of Sexual Misconduct is prohibited. Any person responsible for or involved in retaliation will be subject to disciplinary action by the College.
Any individual who wants to report an incident of sexual or other unlawful harassment should promptly report the matter to his or her supervisor, the Vice President for Academic Affairs, and/or the Director of Human Resources.
It is against Arkansas Baptist College’s policy to harass any person because of race, color, gender, religion, national origin, ancestry, age, marital status, disability, sexual orientation, unfavorable discharge from the military, or status as a disabled veteran or a veteran of the Vietnam Era. The College complies with all federal and state nondiscrimination, equal opportunity and affirmative action laws, orders, and regulations.
The College intends to provide an environment that is pleasant, healthful, comfortable, and free from intimidation, hostility, or other offenses. Harassment of any sort, whether verbal, physical, visual, or sexual, will not be tolerated. Harassment is a very serious offense that can result in the imposition of severe disciplinary measures, including suspension, expulsion, and termination.
Harassment is a form of persecution that can cause anguish and humiliation and is incompatible with the College’s Christian heritage. It is unacceptable under any circumstances and will not be tolerated. Harassment can take many forms. It may include, but is not limited to, the use of words, signs, jokes, pranks, intimidation, physical contact, or violence. Harassment is not necessarily sexual in nature. Speech or other expression constitutes harassment if it:
· is intended to insult or stigmatize an individual, or an identifiable group of college-related individuals on the basis of age, ancestry, disability, national or ethnic origin, race, religion, gender, or sexual orientation.
· is addressed directly to (although not necessarily in the presence of) the individual(s) whom it insults or stigmatizes, and
· makes use of words or nonverbal symbols that convey hatred or contempt for human beings on the basis of age, ancestry, national or ethnic origin, race, religion, gender, or sexual orientation.
Harassment may also include nonverbal acts such as vandalism, physical assault, or destruction of property which also would be punishable by law. Other examples of harassment include insults or “jokes” referring to an individual’s group-based attributes; placement of offensive written or visual materials in another person’s work or living area; offensive messages sent through voice or e-mail; and undesired physical contact, physical violence, or threat of physical violence. Such actions are prohibited not only by the College, but also by Section 703, Title VII of the Civil Rights Act of 1963 and Title IX of the Education Amendments Act of 1972, and so may have legal consequences. Cases of harassment involving students will be handled by the Judicial Committee.
It is the policy and practice of Arkansas Baptist College to comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and state and local requirements regarding students with disabilities. Under these laws, no qualified individual with a disability shall be denied access to or participation in services, programs, and activities of Arkansas Baptist College. Academic accommodations are provided to students with documented learning disabilities so that optimum performance is achieved within the College’s academically competitive environment.
A learning disability is generally defined as a significant discrepancy between achievement and ability or an intracognitive discrepancy attributable to other handicapping conditions, or to environmental deprivation. The term disability is divided into three parts. An individual must satisfy at least one of these parts to be considered disabled under the law: (1) have a physical or mental impairment that substantially limits one or more of that person’s major life activities, (2) have a record of such impairment, or (3) be regarded by the covered entity as having such impairment. The college does not provide testing for disabilities. Students are responsible for their own testing and for providing the documentation to the college. The college highly recommends that students present their documentation prior to the first day of classes to the Office of Disability Services to ensure timely implementation of accommodation if it is deemed necessary.
Since assessment constitutes the basis for determining reasonable accommodations, it is in the student’s best interest to provide recent and appropriate documentation. This will serve as the basis for decision-making about the students’ need for accommodation in the college environment.
Documentation verifying a learning disability should:
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Be prepared by a professional qualified to diagnose a learning disability (i.e., a licensed psychologist, learning disabilities specialist, and neurophysiologist). Experience working with an adult population is essential. Collaboration with speech and language clinicians, reading specialists and other educational professionals may be appropriate and necessary for a comprehensive assessment of a student’s needs. However, these professionals are not generally considered qualified to diagnose a learning disability.
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Include background information about the individual and descriptions of the testing procedures followed, instruments used, test results, interpretation, and recommendations.
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Include test results in the following areas: IQ, reading, mathematics, spelling, written language, and language and cognitive processing skills. D. Include a clear diagnostic statement based on the test results and personal history.
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Be dated no more than three years prior to admission or the request for services by undergraduates, five years for adult returning students.
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Include test scores/data. This is important since certain college policies and procedures (i.e., petitioning for permission to substitute courses) require actual data to substantiate eligibility.
The following instruments are generally accepted as appropriate for the diagnosis of a learning disability in adults: WAIS-R, Woodcock-Johnson Psycho-Educational Battery, Parts 1 and 2, Halsted-Reitan Neuropsychological Test Battery for Adults, Bender Visual Motor Gestalt Test, Detroit Tests of Learning Aptitude, Nelson-Denny Reading Test, Test of Written Language (TOWL), Wide Range Achievement Test, and Stanford Diagnostic Reading Test. There must be clear and specific evidence of a learning disability. Individual “learning styles” and “learning differences” alone do not constitute a learning disability. Once a disability has been verified, accommodations will be provided on an individual basis pending availability.
In compliance with the Arkansas Clean Indoor Air Act of 2006, The Clean Air on Campus Act of 2009 and college policy, ABC is a tobacco-free campus. The use of tobacco products is prohibited in all on-campus and off-campus buildings owned, leased, or controlled by ABC; on all grounds owned, leased, or controlled by ABC; and all vehicles owned, leased, or controlled by ABC. Act 734 of 2009, The Arkansas Clean Air Act of 2009, mandates that all state supported colleges and universities along with all properties controlled by those institutions must be smoke free. Any person found guilty of violating the provisions of Act 734 shall be punished by a fine of not less than $100 and not more than $500.
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