I. CAMPUS SECURITY PROCEDURES
Lexington Theological Seminary has no residential facilities for students, does not officially recognize any off-campus organizations and does not monitor the criminal activity of students when they are off its campus. Violations of the law will be referred to law enforcement agencies and, when appropriate, to the Vice President of Academic Affairs and Dean. Lexington Theological Seminary’s policies and procedures regarding campus security are available to all campus community members and the public through the Seminary website at:
A. Campus Security Authority
Lexington Theological Seminary does not have a security department or a campus police force. Coordination of all safety and security activities and Campus Security Act and Minger Act compliance is the responsibility of the Seminary’s Chief Financial Officer who is the designated Campus Security Authority. No member of the campus community has law enforcement authority. The Campus Security Authority is not responsible for determining authoritatively whether a crime took place. Further, it is not the CSA’s responsibility to try to convince a victim to contact law enforcement if the victim does not choose to do so.
Campus Security Authority Contact Information:
Chief Financial Officer
Lexington Theological Seminary
230 Lexington Green Circle, Suite 300
Lexington, KY 40503
The Campus Security Authority’s responsibilities include the following:
- Annual distribution via e-mail notification of emergency response and evacuation procedures to the campus community
- Security Act data collection and annual reporting: Crime Incident Reports (all incidents, annually) and/or “No Crime Reported” statement(s); Annual Police Crime Reports (annual summary for Clery Act geography per location); Annual Security Report for Lexington Theological Seminary; Campus Safety and Security Survey (Clery Report Annual); Minger Report (Kentucky State Crime Report, Annual)
- Training and materials as needed to support Security Act compliance including crime/incident form, definition of Seminary’s Clery geography, list and definition of reportable crimes and associated Seminary policies, procedures for preparation and submission of Crime/Incident reports
- Emergency procedures (including timely warning, emergency notification and evacuation procedures) updated as needed and distributed to employees and students as appropriate
- Annual testing of emergency notification and evacuation procedures and report of findings</li
- Records of retention for CSA Crime Incident Reports and crime statistics for at least 4 years
- Educational materials for the campus community including: emergency procedures, crime prevention materials, S.A.V.E. act training materials
B. Reporting a Crime or Emergency
A crime is “reported” when it is brought to the attention of the Campus Security Authority (or the Vice President for Academic Affairs and Dean if the CSA is unavailable) and/or local law enforcement. The crime might be reported by a victim, witness or third party or even by the offender. Individuals having knowledge of a sex-based offense (including dating violence, domestic violence and stalking) are strongly urged to timely report that crime to the police and to contact the Campus Security Authority to discuss options for safe and positive intervention on behalf of the victim.
Short procedures for reporting a crime or emergency as well as emergency procedures for the campus (see Attachment 1- Campus Security Checklist) shall be mailed to students as part of their preparation packages for every on-campus intensive. These procedures shall be provided to new employees upon hiring and circulated to staff members on an annual basis
- All members of the campus community are instructed to dial 911 in cases of imminent danger, e.g. crime in progress, fire, accident, health emergency, etc. as soon as possible.
- After the emergency has been addressed, the initiating person should report the incident to the Campus Security Authority (CSA). All on-campus events of a criminal or emergency nature must be reported to the designated CSA who may prepare a Crime Incident Report (see Attachment 2 – Crime Incident Report Form) and/or issue a Timely Warning or Emergency Notification (see Attachment 3 – Emergency Response & Timely Warning), as appropriate. Events occurring after business hours should be reported on the next business day.
- For non-emergency situations, any person who is a victim or witness or who has knowledge of any criminal activity or dangerous situation on campus should report it immediately to the Campus Security Authority (CSA).
Persons reporting a crime will be asked to provide information including a description of the incident, the date and time the incident occurred, to whom it was reported (other than the CSA,) and whether it was perceived to be motivated by hate or bias. If the Campus Security Authority believes that the information received was provided in good faith, the CSA will complete a Crime Incident Report. “In good Faith” means there is a reasonable basis for believing that the information is not simply rumor or hearsay. That is, there is little or no reason to doubt the validity of the information. The incident report will be retained for appropriate follow-up and annual reporting.
NOTE: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires educational institutions to report as hate crimes any occurrence of criminal homicide, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, and any other crime involving bodily injury reported to local law enforcement agencies or a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias. The revised regulations add crimes of larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property to the list of crimes that must be reported in hate crime statistics. The FBI’s Uniform Crime Reporting Hate Crime Collection Guidelines will continue to be the source for definitions. All statistics will continue to be reported by Clery geographic area and category of bias. In response to these changes, the Lexington Theological Seminary Crime Incident Report Form and Annual Security and Fire Safety Report procedures have been amended to reflect the revised regulations.
C. Emergency Notifications and Timely Warnings to the Campus Community
Because Lexington Theological Seminary’s primary focus is distance education, there are limited numbers of students and faculty regularly “on campus.” Disseminating emergency information to persons outside the Seminary’s Clery geography will be considered on a case-by-case basis. The CSA will consult with the proper authorities to determine who, if anyone, off-campus and/or among the larger community should be notified.
Emergency Notification is initiated in response to any significant emergency or dangerous situation that is currently occurring on or imminently threatening the campus such as civil disturbance, criminal activity, acts of God, gas leaks, tornadoes, contagious viruses, fire etc.
If a significant emergency or dangerous situation is suspected, the Campus Security Authority will confirm that a significant threat exists by whatever means is appropriate for the situation. In the absence of the CSA, the Vice President for Academic Affairs and Dean will be responsible for carrying out emergency procedures. Further, it is required that all members of the Administration be familiar with all safety and security procedures and assist as appropriate.
In the case of criminal activity, Lexington police (and Lexington Green office building management, if appropriate) will be consulted. In the case of a health emergency the Lexington Department of Health will be consulted. In the case of natural disasters, information will be obtained from the most reliable source immediately available, including but not limited to municipal sources, utilities personnel, police and fire personnel, local radio and television stations and the Lexington Green office building management.
Upon confirmation of the situation/emergency, the following actions will be initiated by the Campus Security Authority: The security authority will notify all administrative officers on campus; will determine which physical area of the campus and/or campus community members are affected by the situation and will develop specific instructions (according to existing health and safety policies) to advise of the nature of the emergency situation and its immediacy and to ensure the immediate safety of the persons involved, e.g. an order to evacuate, orders to seek shelter and where, orders recommended by the health department according to the threat, request for fire, safety and/or health assistance, etc.
All members of the campus community will be notified as to the nature of the emergency or threat and the actions to be taken. Broadcast e-mail messages, local television and radio announcements, door-to-door notification and/or telephone calls might be employed, depending on the nature of the situation, persons to be notified and urgency for response. Should students be visiting Lexington for classes or Seminary activities at the time, the same notifications will be sent to these students via text. When and if the emergency situation is cleared, a notification will be sent advising of same.
Lexington Theological Seminary will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless the notification will, in the professional judgement of the civil authorities, compromise efforts to assist victims or to contain, respond to, or otherwise mitigate the emergency.
Timely Warning is issued on a case-by-case basis after consideration of the nature of the situation and the threat of continuing danger to the community. Situations which might warrant a timely warning include Clery offenses committed within the Seminary’s Clery geography as well as other action which potentially pose a threat to campus community members. In this case, the crime has already occurred, but in the opinion of the CSA, represents an ongoing threat to students and employees. The intent of a timely warning is to enable members of the campus community to protect themselves. The warning will include information about the incident or crime which triggered the warning, the time, date and location of the occurrence and steps which should be taken to ensure individual safety.
The CSA will [always] provide this information by broadcast e-mail alert to the campus community and by cell phone text to students who may be attending classes or Seminary functions as soon as it is available and deemed appropriate for broadcast. Accordingly, no information should be included in any campus crime report, emergency notification or timely warning that would personally identify the victim without his/her consent.
Annual Test of The Emergency Notification and Timely Warning Procedures: An Annual test of the emergency notification and timely warning procedures will be conducted, unannounced or announced, during each calendar year.
The Campus Security Authority will initiate each test and state the nature of the (test) emergency as well as performance goals. Notifications will be made as described above, according to the declared emergency. Results and recommended improvements will be reported by the CSA for Administration approval. Details of the test including time, date, actions taken, and response/findings will be recorded. Changes or improvements to the procedures ascertained as a result of the test will be placed into effect as soon as possible. This report (Attachment 3 – Annual Test of Emergency Response Notification Form) will be placed on the Seminary’s website with a link to relevant security and safety policies and procedures.
Evacuations The Campus Security Authority is responsible for initiating this process. In the absence of the designated CSA, the Vice President for Academic Affairs and Dean will serve as acting CSA. Because Lexington Theological Seminary facilities are located in the office building at 230 Lexington Green Circle, the emergency evacuation procedures contained in the Emergency Building Information Handbook issued by Lexington Green Partners, LLC will be followed. This handbook has been incorporated into staff, faculty, and student handbooks as Appendix M, Attachment 4 – Lexington Green Emergency Building Information.
Lexington-Fayette Urban County Government Sources of Emergency Information LFUCG Public Service Radio, Radio Lexington, is the federally-licensed radio service of the Lexington-Fayette Urban County Government. Operating at 1620 KHz on the AM radion band, the station provides public service, tourism, traffic information, and event information/announcements of interest to the citizens of Fayette County and to persons traveling through the area on I-75 and I-64. During weather and other emergencies, the station will broadcast alerts and warnings. Maintained and programmed by DEM, Radio Lexington transmits its low-power signal 24 hours a day/seven days a week. The station’s call sign is WQKE-967. Radio Lexington is also available as Internet Streaming Radio. Non-profit and government organizations may request that announcements be placed on Radio Lexington by contacting firstname.lastname@example.org.
Be Ready Lexington App: Lexington Emergency Management has a mobile phone and tablet app that can help the Campus Security Authority to prepare and plan for how to respond to a disaster or emergency. Through this app, the Seminary Administration and/or Campus Security Authority can:
- Share LTS’ status with selected contacts;
- Receive critical emergency alerts;
- Get the latest emergency preparedness news and weather alerts for the Fayette County area;
- Create a personalized emergency preparedness plan;
- Locate Fayette County’s emergency shelters; and
- View up-to-date evacuation route maps.
The Campus Security Authority will refer to these sources for immediate alerts and additional information
D. Campus Building Emergency Procedures
The Campus Security Authority is responsible for supervision of the campus community in the case of emergency. Depending upon the nature of the emergency, specific guidelines issued by Lexington Green Partners, LLC, (Attachment 4 – Lexington Green Emergency Building Information) are to be followed. All members of the on-campus community will be asked to review guidelines annually to ensure that all safety and security recommendations are followed.
As described in I.B, short procedures for reporting a crime or emergency as well as emergency procedures for the campus (see Attachment 1 – Campus Security Checklist) shall be mailed to students as part of their preparation packages for every on-campus intensive. These procedures shall be provided to new employees upon hiring and circulated to staff members on an annual basis.
E. Security of Facilities
The Campus Security Authority functions as liaison with building management and assists in all safety and security procedures initiated by management on Seminary controlled areas.
Fire Safety: Lexington Green Building Management will conduct an annual fire safety inspection of the building including Seminary campus areas.
Building Access: Lexington Green Office Building 1 is open from 7:00 a.m. – 7:00 p.m. Monday through Friday and 8:00 a.m. – 3:00 p.m. on Saturday. Access may be obtained after hours and on holidays via security access cards provided by the Campus Security Authority for Lexington Theological Seminary. Entry must be via the front, main entrances facing the parking lots. Tenants should not allow other persons to follow them into the building. Additionally, doors are not to be propped open during times that the building is “closed.”
Access to Campus Facilities: Offices and classrooms located on the 3rd and 5th floors of Building I are open to campus community members and visitors during normal business hours. Faculty and employees are provided with keys to individual offices and are encouraged to lock doors when offices are not occupied. After hours campus facilities are locked and can be accessed by touch pad codes provided to community members by the Campus Security Authority on an as-needed basis.
Security Guard: The Mall at Lexington Green provides a roving security guard Monday through Sunday as outlined in Attachment 4 – Lexington Green Emergency Building Information. During summer months, the security guard drives a golf cart to monitor all of the properties. During winter months a marked vehicle is used. The security guard can be reached during on-duty hours at 859/699-4830 for any safety concerns. In case of emergency please call the police first and then contact security.
Relationship with Law Enforcement: The Seminary enjoys an excellent working relationship with the Lexington-Fayette County Police Department and the Kentucky State Police as well as state, federal and local agencies dedicated to the safety and security of the community.
F. Registered Sex Offenders
Information on registered sex offenders living and working in the areas near Lexington Theological Seminary’s campus may be obtained through the following state law enforcement website: http://kspsor.state.ky.us/. Lexington Theological Seminary is not responsible for the accuracy of data which appears on the state website. Students are encouraged to visit their home state’s law enforcement website to locate information on sex offenders residing in their area.
G. Campus Security and Crime Prevention Programs
Consistent with campus security needs, from time to time the Campus Security Authority shall provide security and crime prevention information via posted messages, e-mail, recommended websites and webcasts or printed material regarding security topics and concerns.
Information on sexual violence education and prevention training programs for the campus community is provided in the Directory of Victim Assistance Services.
II. DISCLOSURE OF CAMPUS SECURITY AND CRIME STATISTICS
A. Description of Statistics Reported
Lexington Theological Seminary will disclose all statistics from reports of alleged criminal incidents. The Campus Security Authority collects and reports crime statistics in compliance with the federal Clery Act and the Commonwealth of Kentucky’s Minger Act annually. Crime definitions are provided in Attachment 5 – Crime Definitions of this document.
CLERY ACT crimes are classified based on the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting Handbook (UCR). For sex offenses only, the definitions provided in the FBI’s National Incident-Based Reporting System (NIBRS) edition of the UCR are used. The Clery Act requires reporting of three categories of statistics: Criminal Offenses (criminal homicide, forcible and non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft and arson); Hate Crimes (any criminal offense committed against a person or property which is motivated by the offender’s bias toward a group or persons based on their race, gender, religion, disability, sexual orientation or ethnicity/national origin as well as larceny-theft, simple assault intimidation and destruction/damage/vandalism of property); Arrests and Referrals for Disciplinary Action (for weapons violations, drug abuse violations, liquor law violations).
MINGER ACT crime definitions are excerpted from the FBI’s UCR and NIBRS as well as the Kentucky Revised Statutes (KRS) and include murder, manslaughter, reckless homicide, assault (simple and aggravated), menacing (KRS 508.050),wanton endangerment (1st degree KRS 508.060, 2nd degree KRS 508.070), terroristic threatening, stalking (1st degree KRS 508.140, 2nd degree KRS 508.150), forcible and non-forcible sex offenses, burglary, criminal damage to property [vandalism, arson, theft, motor vehicle theft, robbery, weapons law violations, criminal attempt (KRS 506.010)], drug-related violations, liquor law violations.
B. Procedure for Annual Reporting of Crime Statistics
At the end of each calendar year the Campus Security Authority will direct preparation of the Seminary’s Annual Security Report, including statistics for crimes required to be reported by the Clery Act. The report will be made available for distribution/review no later than October 1st of the year following the reporting period. Notification of availability of the report along with a web address for access to a current copy will be sent via e-mail to the campus community.
Request for Annual Police Crime Analysis Report: Early in the report year, a written request shall be directed to the Lexington-Fayette Urban County Division of Police, requesting data for the preceding calendar year as follows: Calls for Service, Reported Crime, and Arrests for the Lexington Theological Seminary Campus and for the areas constituting a perimeter around the campus. The request may be submitted by fax. Upon phone notification by the police liaison, the completed report is provided for pickup at the police station in Lexington. There is a nominal charge for this service, which must be paid at the time the report is picked up for the Seminary. This report provides back-up information to the crime log, along with additional information about the areas surrounding campus, which is required for the compliance reports. The report is reviewed and incidents which must be reported are noted. A digital copy of the report shall be retained on file for four years. (Further instructions for special situations are available in Chapter 4 of the Handbook for Campus safety and Security Reporting, provided by the U.S. Department of Education, Office of Postsecondary Education).
Clery Report: On or about mid-July the Seminary will receive a letter from the Director of the Policy and Budget Department of the United States Department of Education, Office of Postsecondary Education. This letter will notify of any upcoming changes to the Clery reporting requirements and will include web addresses to be used to access the Clery Act Handbook for Crime Reporting and the report filing website. Also included with the letter will be the Registration Certificate providing passwords and registration and help desk information. The letter and the registration form, in PDF format, are filed in the Assessments user location on the Seminary network. The on-line Handbook for Crime Reporting will contain instructions and definitions which must be followed for completing the Clery Act information.
Campus Security Authority Notification: The President’s annual memorandum to the Campus Security Authority ensures that personnel responsible for campus security have been informed of their responsibilities for crime and safety reporting for the year and that they are aware of procedures currently in effect in response to the Campus Security Act.
Annual Security Report: Annual crime statistics for the Seminary (which include reported crimes within campus geography in which individuals not associated with the Seminary are involved ) is provided in Lexington Theological Seminary’s Annual Security Report. The report must include crime statistics as well as notification of policies and procedures according to the latest USDE requirements. These requirements are listed in the Clery Act Handbook, available on-line. This report must be posted on the Seminary website and must be available to the general public, including prospective students and employees. Availability must be announced by a broadcast e-mail message sent by the Campus Security Authority to all students, faculty and employees and must include the exact electronic address at which the report is posted. This report must be completed and posted prior to October 1st of each year.
Minger Report: On or about mid-August, the Seminary President will receive a letter from General Counsel for the Kentucky Council on Postsecondary Education, informing the President that the Michael Minger Act Report for the prior year is to be filed by the end of the month. [Instructions are provided for any institution which does not recall its user id and password.] The report is filed on-line. There are six sections; the three narrative sections are updated only for changes from the prior year. The three tables are used to report (1) Crimes; (2) Criminal Attempts; and (3) Incidents if not included in 1 or 2 but included on Crime Log. The data are those crime and fire statistics (as noted above) retained by the Business Office for the prior year, along with any additional crime data appearing in the Police Department Crime Analysis but not reported to the Business Office. Data for completion of the crime statistics section are drawn from review of the Crime Log and the Police Crime Analysis Report mentioned above. (Data for the prior two years appear automatically on the report.) The Disclosure of Policy Statements section should reflect the latest version of approved and published Seminary policies which refer to the topics cited. After completing the survey and reviewing the input, the survey is locked. It then becomes available to the public and no part can be changed.
C. Geographic Definitions
For the following location descriptions “controlled by” means that the Seminary rents, leases or has some other type of written agreement for a building or property, or a portion of a building or property. Even if there is no payment involved in the transaction, under Clery Act guidelines a written agreement for use of space gives the Seminary control of that space for the time period specified in the agreement (See: U. S. Department of Education, Office of Post-Secondary Education, The Handbook for Campus Safety and Security Reporting, Washington, D.C.).
On-Campus: Any building or property owned or controlled by the Seminary that is within the same reasonably contiguous geographic area and used by the Seminary in direct support of, or in a manner related to the Seminary’s educational purposes is considered on-campus; and any building or property that is within or reasonably contiguous to the property referenced prior but controlled by another person, is frequently used by students and supports institutional purposes, is considered on-campus.
Public Property (adjacent to and accessible from): Public Property includes building common areas such as lobbies, elevators and stairways in addition to thoroughfares, streets, sidewalks and parking facilities that are within campus or immediately adjacent to and accessible from campus.
Non-Campus Buildings or Property: Non-campus buildings to be included in emergency procedures and crime statistics reporting are buildings or property not owned or controlled by the Seminary that are used in direct support of, or in relation to the Seminary’s educational purposes, are frequently used by students, and are not within the same reasonably contiguous geographic area of the Seminary.
Clery Geography: As of August 1, 2014, Lexington Theological Seminary’s Clery Geography consists of Suites 300 (third floor) and 510 (fifth floor) of the office building at 230 Lexington Green Circle, Lexington, Kentucky, 40503 as well as the building’s stairways, lobby, elevators, sidewalks and parking lot. The Seminary is located within a mall/office park which is privately owned. There is no public property adjacent to the campus.
D. Crime Log
Throughout the year, a file of all criminal incidents and alleged criminal incidents which occur on the LTS Clery Geography is maintained. The file must include two elements:
Crime Log: The crime log (that records by the date the crime or alleged crime is reported) is maintained by the Business Office. Information contained in the log is gathered from the incident forms described below. The crime log for the latest 60 day period remains immediately available for review by the public or any member of the campus community during office hours. Any portion of the log older than 60 days will be made available within two business days of the request by the public or any campus community member.
Crime Incident Report: One form is completed for each criminal incident which occurs on campus during the calendar year. The Campus Security Authority (CSA) to which the crime is reported completes this form. The information must include the nature, date, time and general location of each crime and the disposition of the complaint, if known (Attachment 2 – Crime Incident Report Form).
Since there is no longer on-campus student housing at Lexington Theological Seminary, a Fire Log is no longer maintained.
E. Arrests and Referrals for Disciplinary Action
In addition to crimes defined in Attachment 5 – Crime Definitions, the Clery Act requires reporting of arrests and referrals for disciplinary actions for the following violations:
Weapons: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification also encompasses weapons offenses that are regulatory in nature.
Drug Abuse Violations: The violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.
Liquor Law Violations: The violation of state or local laws or ordinances prohibiting: the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness.
The Seminary’s policies, including sanctions, concerning illicit drugs, alcohol, tobacco and firearms are provided at https://www.lextheo.edu/appendix-e-illicit-drugs-alcohol-tobacco-and-firearms-policy/
III. SEX OFFENSES
The Seminary’s Policy on sexual discrimination, harassment and sexual misconduct is provided as Appendix C of the Seminary Handbook which is located on the Seminary website at: https://www.lextheo.edu/appendix-c-policy-statement-on-sexual-harassment-discrimination/
A. Procedure to Follow if a Sexual Offense Occurs
The victim of a sex-based offense (including sexual assault, dating violence, domestic violence or stalking) should promptly report the incident to the Campus Security Authority who will prepare a Crime Incident Report and provide the victim with a copy of the Notification of Rights/Options and a Directory of Victim Assistance Services (see Attachment 6 – Notification of Rights/Options) which will provide the victim with a brief written explanation of his/her rights to notify law enforcement and to be assisted by campus authorities in doing so, explanation of no contact orders and contact information for campus and local assistance services.
The Seminary encourages victims to also file a police report in all cases involving potential criminal conduct; however, victims may choose to first report the incident to the Campus Security Authority who will assist with reporting sexual misconduct/assault and in obtaining medical support and information regarding available legal resources as well as counseling and support services. If a victim requests anonymity, this request must be honored to the extent permitted by law. Accordingly, no information should be included in any campus crime report, emergency notification or timely warning that would personally identify the victim without his/her consent. For additional resource information, see Section IV.D, E.
If the offense was committed by a member of the campus community, the victim may also choose to make a formal or informal complaint to the Appeals/Grievance Committee. In such cases, see Appendix B: Grievance Procedures, https://www.lextheo.edu/appendix-b-grievance-procedures/ for steps to follow and disciplinary actions which may be taken.
Victim’s Academic Situation Lexington Theological Seminary will provide alternatives for a victim’s academic situation (such as changing class assignments so that a victim need not attend class in the same classroom with the accused) after an alleged sex offense, if requested by the victim and if alternatives are reasonably available.
National Sexual Assault Hotline Additional information on sexual assault and free confidential counseling may be obtained by contacting the toll free, 24-hour National Sexual Assault Hotline, operated by RAINN (Rape, Abuse & Incest National Network) at 1-800-656-HOPE or the RAINN website: www.rainn.org.
Medical Care/Emergency Room Examination An individual who has been the victim of a sex-based offense is urged to seek medical evaluation as soon as possible, ideally within 72 hours of the incident. Any person who has been the victim of a sex-based offense may go directly to the emergency room of any local hospital for medical attention. For life-threatening conditions, call 911, or 9, then 911 from a campus phone.
Sexual assaults for which individuals seek medical treatment must be reported to the appropriate police unit by health care officials. However, victims are not required to criminally prosecute the case or file a police report, unless the sexual assault survivor is a minor.
Medical-Legal Evidence Collection A person who has been the victim of sex-based offenses (particularly rape, forcible oral copulation, or sodomy) is encouraged to request collection of medical-legal evidence. Collection of evidence entails interaction with police and a police report. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action. If the sex-based offense occurred within 72 hours, a confidential exam can still be administered at local hospitals. However, the sooner sex-based offenses are reported, the more likely evidence will remain. To help preserve evidence, the victim is encouraged to try to avoid:
• bathing or douching;
• washing hands or face;
• drinking any liquids;
• if oral contact has occurred, the victim is encouraged to refrain from smoking, eating, or brushing their teeth;
• if clothes are changed, soiled clothes should be placed in a paper bag (plastic can destroy crucial evidence).
Questions about evidence collection can be directed to the local Rape Crisis Center (see Section IV.)
Sexual Violence – Protection Orders A protection order is a legal order issued by a court, which requires one person to stop harming, harassing, threatening, abusing, and/or stalking another person. A court looks at the facts and circumstances of the case to determine what actions the alleged individual may not engage in. Emergency protective orders (EPO) and domestic violence orders (DVO) provide protection from harm by a family member or someone in a domestic relationship. In Kentucky, a Domestic Violence Order (DVO) is filed at the Circuit or District Courthouse in the county where the victim lives. If the victim has fled the county of residence to escape the abuser, the victim may go to the Courthouse in the county to which the victim has fled.
The court information for Fayette County, Kentucky is:
Fayette County Circuit Clerk
120 N. Limestone St.
Lexington, KY 40507-1152
Phone: (859) 246-2141
- To view a copy of the Domestic Violence Petition/Motion for Kentucky, see: http://courts.ky.gov/resources/legalforms/LegalForms/2751.pdf
- For further information on filing a petition in Kentucky and the types of protection available, see Office of the Kentucky Attorney General’s webpage at: http://ag.ky.gov/criminal/victims/Pages/domestic.aspx
- For information on enforcement of Out-of-State protection orders by Kentucky law enforcement, see the Department for Human Services webpage at: http://chfs.ky.gov/NR/rdonlyres/7BE6EA33-2EF7-41A8-8711-D8A88192A9C5/0/OutofStateDomesticViolenceOrders.htm
Lexington Theological Seminary has no Security or Police Department. No member of the campus community has law enforcement authority. Incidents of violation of no-contact, restraining and protective orders are handled in the same way as other criminal incidents.
Any employee who holds a lawful no contact or restraining order may directly petition the President of the Seminary for special work accommodation during the term of the order, including but not limited to consideration of restricting interaction/contact with a Seminary student or employee named in the order, etc. Any student who holds a lawful no contact or restraining order may directly petition the Vice President for Academic Affairs for special academic accommodation during the term of the order, including but not limited to consideration of academic needs and issues, restricting interaction/contact with a Seminary student or employee named in the order, etc. The Seminary will make every reasonable effort to cooperate with the party/parties involved in order to honor the terms of the no contact or restraining order. The Seminary will require that the student/employee provide a copy of the court order for its records.
Consent in Sexual Assault While Kentucky law does not define consent for sexual conduct, Kentucky law indicates the following constitute lack of consent* (KRS 510.020):
(a) Forcible compulsion
(b) Incapacity to consent; or
(c) If the offense charged is sexual abuse, any circumstance in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
A person is deemed incapable of consent when he or she is:
(a) Less than sixteen (16) years old
(b) An individual with intellectual disability or an individual that suffers from a mental illness;
(c) Mentally incapacitated;
(d) Physically helpless; or
(e) Under the care or custody of the state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. Note: The provisions of subsection (e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between parties.
*This is a non-exhaustive list and is not intended to provide legal advice. Persons should consult with law enforcement and prosecutors for advice.
B. Advising Crime Victims
Any person suffering a crime on campus will be referred to appropriate counseling resources by either the Campus Security Authority or the Vice President for Academic Affairs and Dean, as appropriate.
Pastoral Support and Referrals: The Seminary will offer pastoral support to any member of the campus community who is a victim of a sex offense. The Dean will arrange for said support. Pastoral support persons shall be members of the clergy and others who receive confidences in their capacity as spiritual advisors, counselors or other positions. Referral information for crisis intervention, general counseling or medical attention will also be provided as determined by the Dean and pastoral support person.
Lexington Theological Seminary will preserve student/employee confidentiality to the extent possible and allowed by law. The Seminary will exercise sensitivity with respect to the privacy concerns of the reporting person; however, these concerns must be balanced against the Seminary’s legal obligations as well as its need to protect the campus community and to insure that appropriate disciplinary processes are implemented. Notification to a parent or guardian of a victim of an incident of sexual misconduct or sexual assault will be made, if necessary, in accord with the requirements of applicable privacy and reporting laws, including but not limited to the Family Educational Rights Privacy Act (FERPA).
The crime statistics included in the Seminary’s annual state and federal compliance reports and the daily crime log do not include any information that would identify the victim or the person accused of committing a crime. Crime Incident Reports are retained by the Campus Security Authority in secure storage. All Appeals/Grievance Committee documentation relating to offenses reported to the Committee is retained by the Committee Chair in secure storage.
D. Positive Options for Bystander Intervention
The following advice and counsel concerning bystander intervention is provided for any member of the campus community who might notice a behavior of concern and interpret the behavior as a problem.
Bystander Intervention is a helping behavior whereby a bystander intervenes directly or indirectly in emergency or non-emergency situations. Examples of situations where active bystander intervention has proven effective include sexual assault, domestic violence, dating violence, stalking, discrimination, bullying and hazing, eating disorders, alcohol and drug abuse, and issues of academic integrity.
Positive bystander intervention strategies begin when individuals notice the behavior of concern, interpret the behavior as a problem. Always be aware of your personal safety while being an active bystander. Intervene only when it is safe to do so. The goal of bystander intervention is to save lives and prevent possible acts of violence.
The basic active bystander intervention strategy for emergency and non-emergency situations is to report the incident to the Campus Security Authority (CSA). Emergency notifications can also be made by calling 9-1-1 from a cell phone or 9, followed by 911 from a Seminary phone.
Additional strategies include:
- Encourage victims to self-report; never dismiss claims of sexual violence or domestic violence; never place blame on the victim of an act of violence.
- Intervene and ask if a person needs help (e.g., “Do you need a ride?” or “Do you want me to call someone to help?”).
- Do not leave another person alone in a situation in which you feel uncomfortable; develop a buddy system.
- Use distraction techniques such as humor, reframing, redirection, or personalization to reduce tension between individuals and to stall for time in which to intervene.
- Recruit help; group interventions can make individuals aware of patterns of behaviors of concern.
If you are confident that it is safe for you to do so, address the potential perpetrator directly – Ask her/him to stop what she/he is doing, that it is not acceptable or condoned by you, your peers or the Seminary.
- Create a distraction to divert the attention of the potential perpetrator (for example: start a conversation about something else, suggest that they are needed to assist with something, etc.)
- Enlist the help of a friend or other bystander(s). Draw their attention to the situation and quickly strategize with them to step in. Ask them to join you in approaching the potential victim or perpetrator or to contact authorities such as the police, Campus Security Authority or Seminary officer/faculty member while you address the parties involved.
Additional information about the role of positive bystander intervention can be found at the National Sexual Violence Resource center website, specifically: http://www.nsvrc.org/sites/default/files/Publications_NSVRC_Booklets_Engaging-Bystanders-in-Sexual-Violence-Prevention.pdf
E. Educational Programs to Promote Awareness
The Seminary is committed to educate students and the campus community on how to identify early warning signs of violence and understand the appropriate responses. In this regard, a combination of on-line and print resources is used to inform new students and employees about crime and violence prevention and educate the campus community about sexual violence prevention, self-protection and safety.
Materials are provided to the campus community in several situations: included in preparation material for periodic student intensives, as annual mailings, as periodic notifications in response to active safety and security issues. A brief description of current program offerings is provided in the attached Directory of Victim Assistance Services of this document.
The Campus Security Authority in collaboration with the Vice President for Academic Affairs for student issues is responsible for the design, update and selection of training and educational materials relating to crime, campus security and violence prevention.
IV. REFERENCES AND RELATED MATERIALS
A. National Hotlines:
♦ National Suicide Prevention Hotline: 1-800-273-TALK (8255); www.suicidepreventionlifeline.org
♦ Substance Abuse & Mental Health Services Association: 1-800-662-HELP (4357) www.samhsa.gov
♦ Mental Health Services Locator: http://mentalhealth.samhsa.gov/databases/
♦ Rape, Abuse & Incest National Network (RAINN): 1-800-656-HOPE (4673) www.rainn.ORG
♦ National Domestic Violence Hotline: 1-800-799-7233 www.ndvh.org
♦ Department of Justice Office of Violence Against Women: www.usdoj.gov/ovw/
♦ Narcotics Anonymous (find a registered Narcotics Anonymous group in your area): www.na.org
♦ Alcoholics Anonymous (find a registered Alcoholics Anonymous group in your area): www.aa.org
B. Kentucky Hotlines:
♦ (Lexington) Bluegrass Rape Crisis Center: 859-253-2511 or 800-656 HOPE (4673)
♦ Lexington Mental Health Crisis Line 1-800-928-8000
♦ Drug and Alcohol Abuse Treatment Referral: 1-800-662- HELP (4356)
C. Resources for Drug & Alcohol Addiction – Kentucky:
♦ Blue Grass Intergroup: 859-225-1212; email@example.com
D. Resources for Victims of Sexual Violence
♦ Access to Justice Foundation: Coordinates statewide pro bono opportunities for volunteer lawyers, provides poverty law training, directs resource development activities, and provides free telephone legal assistance to seniors throughout Kentucky. Seniors should call (800.200.3633).
♦ Kentucky Cabinet for Health and Family Services: Provides information, links and referrals to various statewide resources.
Office of the Secretary
275 East Main Street
Frankfort, KY 40621
Hotline: CHFS Ombudsman Toll-Free 1-800-372-2973
Phone: Abuse Hotline: 1-800-752-6200
Phone: Women, Infant and Children (WIC) Program: 1-800-462-6122
♦ The Family Violence Prevention Branch of the Kentucky Cabinet for Health and Family Services:
♦ Kentucky Domestic Violence Association
111 Darby Shire Circle
Frankfort, KY 40601
Phone: Phone: 502-209-KDVA (5382)
♦ Legal Aid Network of Kentucky
Hotline: First time callers: 866-452-9243
Phone: Toll Free: 800-782-1924
Phone: Local: 270-782-1924
♦ The Stalking Resource Center: Stalking Prevention & Protection Information
E. Resources for Victims of Sexual Violence – National
♦ Directory of Crime Victims Services: Enables crime victims to readily locate national and international assistance services and will help victim service providers make appropriate referrals. The directory allows users to search for victim services by location, type of victimization and type of service needed.
♦ National Organization for Victim Assistance: The National Organization for Victim Assistance (NOVA) provides victim and witness assistance for criminal justice and mental health professionals, advocates, researchers, victims and survivors, and related professionals.
Hotline: 1-800-TRY-NOVA (1-800-879-6682)
Phone: (703) 535-NOVA (6682)
♦ U.S. Citizenship & Immigration Services [Servicios de Immigracion]:
♦ Financial Assistance for Crime Victims [Asistencia Financiera para Victims de Crimen]
Victim Connect Resource Center
National Association of Crime Victim Compensation Boards
Attachment 1 – Campus Security Checklist
Attachment 2 – Crime Incident Report Form
Attachment 3 – Emergency Response & Timely Warning and Annual Test of Emergency Response Notification
Attachment 4 – Lexington Green Office Building Emergency Building Information
Attachment 5 – Crime Definitions
Attachment 6 – Notification of Rights/Options
Directory of Victim Assistance Services
♦ Updated September 2018