Westmont College

Public Safety Annual Security and Fire Safety Report 2013/14

Crime Statistics

This report has been prepared in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Crimes Statistics Act (formerly the Campus Security Act of 1990) of 1998 and to implement the requirements of the 2008 Higher Education Opportunity Act Fire Safety Reporting provisions. These laws require Colleges and Universities to annually distribute information about its campus safety procedures, crime statistics, and campus fire safety procedures and statistics to the Federal Department of Education, as well as to the institution’s current and prospective students, parents, and employees. The URL address for this report is distributed annually to current students and employees thru the campus mailboxes.

Public Safety Services

The Public Safety Department employs one full-time Director, five full-time 12 month staff, 2 full-time nine month staff, and shared clerical support staff. The Public Safety Department assists in preserving a safe environment, and protects faculty, staff, students, and property from crime and safety hazards. Specific services include but are not limited to 24 hour a day 7 days a week security patrols, the locking and unlocking of buildings, parking regulations enforcement, campus escorts, and dissemination of safety-related information. The Public Safety Department reports to the Vice President of Finance. The Ocean View apartments are serviced by a contracted private security guard company which provides periodic patrols between the hours of 8pm-4am 7 days a week.

The arrest authority of the Public Safety officers is the same as private citizens as specified in the California State Penal Code. The Santa Barbara County Sheriff’s Department has the jurisdiction over criminal matters on the Campus. At the Ocean View apartments located in the City of Santa Barbara, the Police department of Santa Barbara has jurisdiction over criminal matters. All officers receive training through the California College and University Police Chiefs Association. All campus buildings are key locked with a removable core system designed to insure the prompt re-keying of locks when keys have been lost. Burglary alarms are located in special areas to protect property. All of the residence halls and major buildings have fire alarm systems in place that are monitored by in house staff and an alarm monitoring company. Many buildings are also protected by fire sprinkler systems. Westmont is committed to a retro-fit program that is installing fire sprinklers in all the residence halls and major buildings. All of the residence halls are locked.

In the event of an emergency, all faculty, staff, students, and visitors should call 911, and then call the Public Safety Department. The Public Safety Department can be reached from any campus phone by dialing ex. 6222 or (805) 565-6222 from an off campus phone. The Public Safety Department is located in the office area of the Physical Plant Department building.

Westmont posts warnings of crimes committed that may impact the safety of staff and students. These postings may take the form of all campus voice mails and or flyers on the bulletin boards through out the campus. These warnings are for the purpose of raising the awareness of staff and students of their surroundings and personal safety.

Cooperation with Local Law Enforcement

Westmont enjoys an open and positive relationship with local law enforcement officials and shares information about criminal activity when it involves the College. We collect statistics of reportable crimes, as required and defined in the Clery Act from the local law enforcement agencies.

Westmont encourages victims of crime to report incidents to Campus Public Safety regardless of how insignificant the crime may appear. To report a crime, a victim or witness need only call extension 6222 or 565-6222. (In all emergencies, always call 911 first.) A Public Safety officer will take the information. The officer will make an official report and send a copy to the victim upon request. College administrators receive reports about crime on a regular basis.

Westmont Public Safety officers will also assist victims who want to report crimes to the Santa Barbara County Sheriff’s Department.

Alcohol Policies


Westmont expects all faculty, staff, and students to uphold both California state laws and these college policies regarding alcoholic beverages.

State Law
In the state of California, persons under the age of 21 shall not purchase, consume, or possess alcoholic beverages. In addition, it is against California law to sell or furnish alcoholic beverages to persons under 21 years of age.

Possession and Consumption

Westmont prohibits the presence or consumption of alcoholic beverages on campus and at off-campus Westmont sponsored or related activities. Any student in the presence of alcohol on campus (regardless of who actually owns it or who brought it to campus) will be considered in violation of this policy.

Alcohol Containers
Westmont prohibits the presence of full or empty alcoholic beverage containers anywhere on campus, including vehicles. Students are responsible to ensure that no guest brings full or empty alcohol containers on campus.

Drunkenness
Westmont expects students of legal drinking age who choose to drink alcoholic beverages to be moderate in their consumption. Any consumption of alcoholic beverages by any student that results in impairment or intoxication is a serious violation of community standards.

Off-Campus Hosting Responsibilities
Westmont expects students of legal drinking age who choose to serve alcoholic beverages to student guests in off-campus settings to be responsible in their hospitality. It is a serious violation of both California law and community standards to directly or indirectly provide alcoholic beverages to underage guests or to require any guest to pay a cover charge for admission to the host's residence. Off campus residents are also expected to insure that underage visitors do not bring their own alcoholic beverages to consume on their premises. It is also a serious violation of community standards to allow student guests 21 years of age or older to drink alcoholic beverages excessively. Any off campus student who lives where these activities occur and is present at such time, will be considered in violation of this policy.

Illegal Drugs

In association with the Drug-Free Schools and Communities Act, Westmont has adopted and implemented policies that are intended to prevent the unlawful possession, use, or distribution of illegal drugs and the abuse of prescription drugs by students and employees. College policy prohibits the use or presence of all controlled substances and any related paraphernalia. Students and employees are also prohibited from exceeding the dosage of physician prescribed medications. Substance abuse affects the individual, the family, and the community. Violation of college policy with respect to drug use or possession is a serious breach of our behavioral standards, and students who violate this policy are subject to the full range of disciplinary consequences, including expulsion from the college.

If you need help or know someone with a drug-related problem, please know that the counseling center, the health center, our resident directors, deans, faculty, and all other college personnel will provide assistance to those who come forward seeking help. The counseling center provides confidential consultations with trained psychologists and marriage & family therapists, and also makes referrals to outside counseling and treatment services.

Weapons Policies

Possession of firearms, explosives (including firecrackers and dry ice), weapons, (including but not limited to: swords, knives, air soft guns, beebee guns and toys that replicate or could be mistaken for real guns) or dangerous chemicals on college premises is expressly prohibited.

Timely Reporting of Campus Threats and Emergencies

Purpose

In accordance with Federal law and in order to protect members of the campus community, the college establishes the following policy for the timely warning of serious or continuing criminal offenses and other emergencies or dangerous situations that pose a threat to the campus community.

Policy

Upon confirmation of a reportable criminal offense or other emergency considered to be a threat to health or safety, the college will issue a timely warning to the campus community (unless to do so will further jeopardize their health or safety).

Procedures

Upon receipt of information that a reportable offense or other emergency has occurred, the college will take the following actions:

  • A member of the Situation Readiness and Response Team (SRT), Executive Team or Public Safety staff will determine whether the nature of the reportable offense or emergency amounts to a serious or continuing threat to the health and safety of the campus community.
  • A member or designee of the SRT or Executive Team will then prepare an appropriate warning to the campus community that:
      • describes the nature of the threat;
      • provides instructions and/or recommendations on actions to take in light of the nature of the threat; and
      • includes information on evacuation procedures if the threat requires such action.
  • An SRT member or designee will communicate the timely warning to the campus community through any means appropriate including, but not limited to, one or more of the following ways:
      • email alerts
      • phone alerts (Text to Speech [TTS] and/or text messages and/or hotline postings)
      • website announcements
      • posted warnings

Sexual Assault Policies and Procedures

Our Commitment

Westmont is committed to maintaining an environment in which members of its community and its guests may pursue their interests free from sexual assault and other forms of sexual harassment.

Westmont is committed to effectively investigating all complaints made under this policy and taking remedial and/or disciplinary action where appropriate in as expeditious a manner as possible. Westmont is deeply concerned about any incidents of sexual assault and strongly encourages the prompt reporting of all allegations of sexual assault to the college and to law enforcement officials. The college will not tolerate retaliation against any individual for making a complaint under this policy.

Individuals Covered Under This Policy

This policy and the procedures that follow apply to incidents of sexual assault between students or when the alleged perpetrator is a student. To report a violation of this policy when the alleged perpetrator is a faculty member, contact the provost at 805-565-6007. If the alleged perpetrator is a staff member, contact the director of human resources at 805-565-6101. For information regarding reporting other forms of sexual harassment see the college’s Policy on Unlawful Harassment.

Deciding to Make a Complaint

The college encourages victims of sexual assault to make a complaint to the college and law enforcement officials as soon as possible. Reports to the college can be made with any individuals listed in the section below titled, “The College’s Duty to Investigate.” Prompt action under this policy allows for individuals to receive the immediate medical care that may be necessary. Prompt action also allows the college and/or law enforcement to provide individuals with reasonable and necessary protection from any further harm. Preservation of evidence is also critical in the investigation of sexual assault. Individuals making complaints under this policy should take measures to preserve forensic information related to their complaint (e.g., documented communication, photographs of injuries; medical examination results, etc.).

Deciding to make a complaint of sexual assault to the college and/or filing a complaint with law enforcement officials can be difficult. You do have options, and you do not have to make this decision alone. You can contact counselors at the Westmont College Counseling Center or the Santa Barbara Rape Crisis Center. Counselors with either of these resources will help you think through your options and the information you share with them will not be disclosed to others without your consent. You will find contact information for these resources and others later in this policy.

The College’s Duty to Investigate

Whether or not you decide to make a complaint to the college yourself, you should know that the college does have a duty to investigate allegations of sexual assault and sharing information about a sexual assault with any of the following college officials will result in an investigation and a possible student conduct meeting in accordance with the procedures that follow this policy:

• Resident directors

• Student life deans

• Faculty department chairs

• College employee supervisors

• Vice presidents

• The college Title IX officer

Confidentiality and Privacy

Confidentiality for the both the complainant and the accused shall be encouraged and maintained as appropriate and to the extent allowed under the circumstances by law. Information received in connection with a sexual assault complaint is private and will only be shared with those who need to know the information in order to investigate allegations, impose appropriate disciplinary sanctions and/or take necessary corrective actions to protect individuals and the community from further harm. In no case will the college violate the privacy rights afforded to students or others under relevant state and federal laws.

Counseling and Support

Whether or not a victim decides to submit a complaint of sexual assault to the college for investigation and discipline under this policy, the college is committed to providing a safe place to work through the range of emotions and questions that can arise in the event of a sexual assault. The college encourages individuals to take advantage of  personal avenues of emotional support as well as one or more of the following resources:

Campus Resources

Counseling Center, 565-6003, Information and resource referral, Lower Campus

Campus Pastor’s Office, 565-6170, Pastoral support and counseling, Kerr Student Center, Second Floor

*Health Center, 565-6164, Medical and information resource, Lower Campus

*Vice President of Student Life and Dean of Students, 565-6140, Information about the student conduct process and list of advisers, Kerrwood Hall, Second Floor

*Associate Dean of Students, 565-6038, Information about the student conduct process and list of advisers, Kerrwood Hall, Second Floor

*Associate Dean for Residence Life, 565-6029, Information about the student conduct process and list of advisers, Kerrwood Hall, Second Floor

*Resident Director on Call, 565-7362, Emergency Response, information and referral resource

*Public Safety Department, 565-6222, Emergency response

*Note: a campus resource with an asterisk appearing next to it indicates that the individual in the position has a duty to report the incident for investigation by the college under this policy and/or, in certain circumstances, to law enforcement officials.

Community Resources

• Santa Barbara Rape Crisis Center Hotline, (805) 564-3696, 24-Hour Hotline

Santa Barbara Rape Crisis Center, 963-6832, 433 E. Canon Perdido Street, sbrapecrisiscenter.org

Cottage Hospital Trauma Center, 569-7451, Pueblo at Bath Street, Medical assistance and evidence collection

Definitions of Prohibited Behaviors

Sexual Assault (Category I) is defined as engaging in sexual intercourse with any person without that person’s consent. Sexual intercourse is the penetration, however slight, of the vagina or anus with any object or body part and of the mouth with a sexual body part or sexual object. Students found responsible for having committed a sexual assault (category I) will be suspended for a minimum of one (1)

semester and will be subject to the full range of disciplinary sanctions, up to and including expulsion from the college.

Sexual Assault (Category II) is defined as the act of making sexual contact with the intimate body part of another person without that person’s consent. Intimate body parts include the sexual organs, the anus, the groin or buttocks of any person, or the breasts of a female. Students found responsible for having committed a sexual assault (category II) will be subject to the full range of disciplinary sanctions, up to and including expulsion from the college.

Consent is defined as unambiguous and willing participation or cooperation in an act or as an attitude that is commonly understood to be consistent with the exercise of free will. Consent requires participants who are fully conscious, are equally free to act, have clearly communicated their willingness, cooperation, or permission to participate in a specific sexual activity, are positive and clear in their desires, and are able to cease ongoing consensual activity at any time. Refusal to consent does not have to be verbal; it can be expressed with gestures, body language or attitude. A prior sexual history between the complainant and respondent does not constitute consent. Consent is not freely given if one of the following applies:

1. A reasonable person in the position of the alleged perpetrator at the time the alleged conduct occurred should have known* that the other person was unable to give consent for any of the following reasons:

a. The individual is unable to make an informed decision as a result of alcohol or other drugs (including but not limited to predatory drugs or prescribed medications); or

b. The individual is unconscious, asleep, or suffering from shock; or

c. The individual is under the age of 18 and therefore legally unable to give consent; or

d. The individual has a known mental disorder or developmental or physical disability and therefore legally unable to give consent.

* It is important to note that in the Westmont disciplinary process, use of alcohol does not diminish personal responsibility or act as a mitigating factor in disciplinary sanctions should a violation be found to have occurred.

2. The individual has acted or spoken in a manner which expresses he or she refuses to give consent.

3. It is obtained through the use of force or through the fear of or the threat of force.

Sexual Assault Student Conduct Process

The student conduct process described here applies to alleged violations of this policy (for all other alleged violations of the Community Life Statement or other college policy, refer to the conduct process section of the Student Handbook on page 79). Upon receipt of a report or complaint whether oral or written of an alleged violation, the associate dean for residence life (which, for all purposes described in this section, includes his or her designee) will begin a preliminary investigation and determine if there is enough information to merit a conduct meeting regarding the allegation. The associate dean for residence life will meet with the complainant and the respondent separately to explain the student conduct process and obtain from each a written statement and list of witnesses, if any, who have information pertinent to the incident.

A preliminary investigation by the associate dean for residence life (or his or her designee) will determine whether interim measures should be invoked. The purpose of interim measures is, to the extent possible, to ensure safety of all persons involved, reduce concerns for personal physical and emotional safety and overall prevent creation of a hostile environment for the individual and the community. Interim measures may include, but are not limited to, residence hall relocations; restrictions to campus housing or other campus locations and activities; alternative class assignments or classrooms; interim suspension.

After a prompt, full and effective investigation of the allegation, a determination will be made by the associate dean for residence life whether or not enough evidence exists to hold a conduct meeting. If a decision is made that not enough information exists, it is not necessarily or even usually based on the accuracy of the charges but rather on the strength of the information available. In other words, if a case does not result in disciplinary action against the respondent, it does not mean there is not a victim or there was no sexual assault.

If the associate dean for residence life determines that enough evidence exists to hold a conduct meeting, he or she will forward all relevant information to the Student Life Committee. The complainant and respondent will generally be given at least seventy- two (72) hour advance notice of the scheduled meeting time for the Student Life Committee Conduct Meeting.

Students are expected to participate in the student conduct process when they are called as a respondent or witness to a meeting. Should a student fail to appear for a meeting when proper notification has been given or should the student fail to provide a statement during the conduct process, the meeting will proceed without benefit of that student’s input. Meetings with the Student Life Committee will be scheduled taking into consideration the student’s regular academic schedule only.

Witness Truthfulness

One of the core values of the Westmont community is integrity and truth-telling. As such, all individuals participating in the student conduct process are expected to tell the full and complete truth in all disciplinary matters. In order to ensure this is possible, individuals participating in a student conduct meeting regarding an alleged violation of the Sexual Assault Policy should expect the Student Life Committee to exercise discernment and discretion regarding how to appropriately respond to other violations of the Community Life Statement or college policy that may arise in the conduct meeting process.

Confidentiality/Privacy

Every reasonable and appropriate effort will be taken by the Student Life Committee, Student Life office and advisers to protect the privacy of all individuals involved in a student conduct meeting. The college will maintain confidentiality regarding the details and content of the student conduct process including, but not limited to, the preliminary investigation, Student Life Committee conduct meeting and appeal process. The college will not share information about this process unless it is necessary for the investigation and resolution of a complaint made under this policy. In no case will the college violate privacy rights afforded to students and other individuals under federal and state law. Students involved in the student conduct process either directly or as a witness are expected to maintain the confidentiality of the process and be mindful of the privacy of others involved.

Rights of the Individual Alleging the Violation (Complainant)

• The right to make a complaint which will initiate the student discipline process.

• The right to a timely student conduct meeting after filing a complaint (cases reported just prior to the end of a semester may be delayed by the semester break).

• The right to a support person of her or his choice in consultation with the associate dean for residence life (or the associate dean’s designee), who will assist the individual through the student conduct process.

• The right not to have his or her irrelevant past sexual history discussed during the student conduct meeting.

• The right to confront opposing information*.

• The right to provide witnesses and information pertaining to the case.

• The right to be informed as soon as possible of the outcome of the hearing.

• The right to confidentiality of the student discipline process to the extent possible (see above).

• The right to request academic schedule adjustments or other academic assistance for missed classes or exams or help with rearranging coursework.

• The right to request a change of on-campus residence if both you and the accused live in residential housing, or you may request that the accused be moved pending a Student Life Committee hearing.

• The right to request a no-contact order for the respondent as an interim measure through the student conduct process.

• The right to on-campus emergency counseling sessions with a member of the Counseling Center staff.

• The right to seek off-campus medical and counseling services.

• The right to seek assistance from a member of the Counseling Center staff in a client relationship or the campus pastor in a confessor relationship.

• The right to file a police report and take legal action separate from and/or in addition to student conduct process.

• The right to have legal counsel present. In no case may counsel speak or take an advocacy role during the proceedings.

• The right to not be subject to student conduct sanctions for alcohol or drug use where the sexual assault involves consumption of alcohol or drugs in a manner that violates college policy.

Rights of the Individual Accused of Sexual Assault (Respondent)

• The right to receive written notice of the charges.

• The right to a timely student conduct meeting after being notified of the complaint (cases reported just prior to the end of a semester may be delayed by the semester break).

• The right to a support person of her or his choice in consultation with the associate dean for residence life (or the associate dean’s designee) who will assist the individual through the student conduct process.

• The right to pursue his or her educational experience while the student conduct process is still pending free from harassment by the complainant or individuals connected to the complainant.

Anyone who feels they have been inappropriately contacted by the complainant or individuals connected to the complainant should immediately contact the dean of students.

• The right not to have his or her irrelevant past sexual history discussed during the student conduct meeting.

• The right to not be required to give incriminating evidence (the college may make negative inferences from the accused student’s decision to not give testimony).

• The right to confront opposing information*.

• The right to provide witnesses and information pertaining to the case.

• The right to be informed as soon as possible of the outcome of the student conduct meeting.

• The right to confidentiality of the student conduct process to the extent possible (see above).

• The right to on-campus emergency counseling sessions with a member of the Counseling Center staff. The right to seek confidential assistance from a member of the Counseling Center staff in a client relationship or the campus pastor in a confessor relationship.

• The right to seek outside counseling support.

• The right to have legal counsel present. In no case may counsel speak or take an advocacy role during the proceedings.

• The right to not be subject to student conduct sanctions for alcohol or drug use where the sexual assault involves consumption of alcohol or drugs in a manner that violates college policy.

*The Right To Confront Opposing Information

The right to confront opposing information does not mean that students have the right to directly confront, question or speak to witnesses. The right to confront opposing information means that the respondent and the complainant (when applicable) have the right:

• To view one another’s written statements submitted to the investigator prior to the conduct meeting.

• To be verbally informed during the conduct meeting of relevant and material, opposing information communicated to or discovered by the investigator during the course of the investigation.

• To be verbally informed during the conduct meeting of relevant and material, opposing information communicated by any witness during the conduct meeting.

Relevant and material information is information directly related to the merits of the violation alleged that when considered would influence the decision maker(s) in reaching a decision.

Support and Legal Counsel

Support

Parents, relatives and friends are not permitted during student conduct proceedings. However, students are strongly encouraged but not required to choose—upon approval of the associate dean for residence life—a faculty or staff member to support them during proceedings under this policy. The individual chosen may not be a student, parent, relative, an attorney or representative of an attorney. The faculty or staff member chosen may be present at any time during the proceedings but is not an advocate for the student in the proceedings and may not address the Student Life Committee or speak on behalf of the student. The faculty or staff member chosen may speak with the student privately and in a manner that is not disruptive.

Legal Counsel

Both the accused and the accuser also have the right to have legal counsel present. However, in no case may counsel speak or take an advocacy role during the proceedings.

Any faculty or staff member or legal adviser participating in the proceedings under this policy is obligated to maintain the confidentiality of the nature of the allegation(s), the content of the student conduct process, and the privacy of the complainant, respondent and any witnesses.

Student Life Committee Meeting

The Student Life Committee is comprised of faculty, staff and students who have been trained to hear sexual assault cases. The committee includes the dean of students, an associate provost, three faculty members, two student life members and two students. At least two faculty members (which could include the associate provost and must include the Student Life Committee chair or acting chair), two student life members(one of which must be the Dean or designee), and one student must be present to convene the committee. The associate dean for residence life serves as the student conduct process facilitator for all sexual assault cases and may be present during the meeting. The facilitator’s role is to assist the chair and to ensure compliance with the process and procedures outlined below. A staff member from the Dean’s office may also be present to take notes during the testimony portion of the meeting.

It is expected that Student Life Committee members will exhibit the highest ethical standards and disqualify themselves if they believe they cannot be impartial or fulfill their obligation to maintain the confidentiality of the process and the dignity and privacy of the respondent, the complainant and any witnesses before, during and after the conduct meeting. Both the respondent and complainant may raise issues of concern about the impartiality of a member of the Student Life Committee convened for a particular case. The dean of students has the sole discretion to decide whether a Student Life Committee member can be impartial and will remove anyone whom he/she determines is unable to be impartial and/or respectful of the confidentiality of the process and privacy of the individuals involved.

Before the Student Life Committee Meeting

Prior to the committee meeting, the complainant and respondent may arrange to have witness statements submitted. The associate dean for residence life will determine when such statements must arrive in order to give the committee adequate time to review the submitted statements. Also prior to the committee meeting, all relevant information regarding the alleged misconduct will be forwarded to the Student Life Committee. Within seven days of the committee’s receipt of the information, the Student Life office will notify the student of the time and date of the meeting and a statement of the alleged misconduct. Generally seventy-two (72) hour advance notice of the scheduled meeting time for Student Life Committee Meeting will be given. Students are expected to participate in the student conduct process when they are called as a respondent or witness to a meeting. Should a student fail to appear for a meeting when proper notification has been given or should the student fail to provide a statement during the conduct process, the meeting will proceed without benefit of that student’s input. Meetings with the Student Life Committee will be scheduled taking into consideration the student’s regular academic schedule only.

Student Life is committed to prompt resolution of all student conduct proceedings. However, in some cases, such as insuring the thoroughness of the review or to permit time for students to secure legal counsel, the dean of students will permit a short delay of the proceedings.

Student Life Committee Meeting

At the time of the meeting, the staff member(s) who obtained the information upon which the allegation is based may be called to meet before the committee. The committee may also choose, but is not required, to meet with any witnesses or others referenced in the information it receives. The respondent will not have the right to question the complainant or any witnesses (if applicable), but will have the opportunity to confront opposing information (see previous section titled “Confronting Opposing Information”).If the student refuses to answer questions at the meeting on grounds of the Fifth Amendment privilege, or if they choose not to attend the meeting, the meeting can still take place, and the student conduct officer may draw negative inferences that may result in sanctions. Student Life Committee proceedings are closed to all parties except the individual student(s), the Student Life Committee members, the associate dean for residence life or designee, witnesses and the respective student’s designated support person.

The following is an outline of the Student Life Committee meeting:

1. The chair will convene the Student Life Committee, and the Student Life Committee will meet with participants in the following order:

a. Complainant

b. Respondent

c. Any witnesses requested by the Student Life Committee

2. All participants must be available for recall by the Student Life Committee for additional questioning until the conclusion of the Student Life Committee proceedings.

3. Prior to the Student Life Committee deliberations the following will occur:

a. The chair will give members of the committee the opportunity to ask the respondent any follow-up questions, and will give the respondent an opportunity to make a final statement to the Student Life Committee. The respondent is then excused from the proceedings.

b. The chair will give members of the committee the opportunity to ask the complainant any follow-up questions, and will give the complainant an opportunity to make a final statement to the Student Life Committee. The complainant is then excused from the proceedings.

Decision

At the conclusion of the meeting, the Student Life Committee will deliberate in private, and, weighing all of the available information, the Student Life Committee must determine whether it is more likely than not that a sexual assault occurred. This level of proof is commonly referred to as a “preponderance of the evidence.” This level is a lesser level than that used in the criminal justice system, which requires that a case be established “beyond a reasonable doubt.” The Student Life Committee will determine one of the following appropriate findings by majority vote:

a. It is more likely than not that the alleged violation occurred, and the respondent is responsible; the Student Life Committee will impose sanctions, as appropriate; or

b. It is more likely than not that the alleged violation did not occur and the respondent is not responsible; or

c. There is not sufficient information available to make a determination.

Note: In the event of a finding of (b) or (c) is reached by the committee, the finding is not necessarily based on the accuracy of the charges but rather on the strength of the information available.

The chair of the Student Life Committee and the dean of students will communicate the finding of the Student Life Committee to the respondent and the complainant in writing generally within seven (7) business days. Unavoidable delay in providing notice of outcome shall not constitute an appealable procedural error.

Sanctions

The college has established the minimum sanctions for violations of the Sexual Assault Policy found in the Definitions of Prohibited Behaviors section of this policy. More severe sanctions may be imposed by the Student Life Committee depending on the circumstances of a particular case. Any one or more of the sanctions found in the sanctions section of the Student Conduct Process may be assessed to a student found responsible for violating the Sexual Assault Policy.

Appeals

This process applies to an appeal of sanctions received from a violation of the Sexual Assault policy only. For appeal of sanctions received from a violation of other college policies, refer to the Appeals section of the Student Conduct Process. Both the complainant and the respondent may seek review of a decision in a sexual assault case by making an appeal. Appeals must be in writing and submitted to the Student Life office during regular business hours (Monday through Friday, 8 a.m. to 5 p.m.) within three calendar days of the decision. If the third day falls on a non-business day, submit appeals via email to stulife@westmont.edu. In extremely unusual circumstances, students may request in writing to the provost after more than three days to appeal a decision. Such requests are rarely granted, and the decision to grant or deny an extension is within the sole discretion of the provost

(which, for all purposes described in this section, includes his or her designee).

If an appeal is received from either the complainant or the respondent, the associate dean for residence life will notify, in writing, the non-appealing student within two business days of receipt of the appeal that an appeal has been filed.

Only one request for an appeal may be submitted by either the complainant and/or the respondent.

Appeal Criteria

An appeal must be in writing and consist of:

1. A completed Appeal Request form (available in the Student Life office), and

2. A statement outlining and supporting the specific grounds on which the student is appealing.

The appeal is not a rehearing of the original case and the role of the provost is not to substitute his or her own judgment for the judgment of the Student Life Committee. The role of the provost is to determine whether a new decision should be considered due to a procedural error, the availability of new information or the imposition of excessive sanctions. Therefore, a student’s appeal must be based on one or more of the following grounds:

• A process or procedural error was made that was significantly prejudicial to the outcome of the student conduct meeting as it affects the student appealing.

• New information that was not available or known to the student appealing at the time of the student conduct meeting has arisen which, when considered, may materially alter the outcome. Note: Information that the appealing student chose not to present at the time of the hearing is not considered new information.

• The sanctions imposed are so severe — considering the nature of the violation, student attitude, previous history, impact of the student’s behavior on the community and other specific circumstances — that they demonstrate an abuse of discretion by the Student Life Committee. (Note: the complainant may use the same grounds to appeal that sanctions imposed are not severe enough.)

It is not enough to simply assert one of the grounds for appeal. The written statement accompanying the appeal form must provide information that supports grounds upon which the student bases the appeal. For example: If the student asserts that a procedural error occurred, he or she must name the procedure with specificity and explain how the error affected the decision made. If an appeal does not contain sufficient information to support the grounds upon which the student bases the appeal, review of the appeal will be denied.

During the appeal process, the dean of students may choose to set aside sanctions as appropriate.

Preliminary Review of Appeal

The provost will grant or deny review of decisions rendered in student conduct meetings based on the student’s written appeal. The decision to grant or deny review of the original decision will be made within three business days following receipt of appeal.

1. Review Denied: Provost will not review an original decision based on an appeal that fails to meet the criteria outlined above. In such cases, the provost will make no inquiry beyond the written material submitted and the original decision and any sanctions imposed will stand.

2. Review Granted: If the student’s written appeal satisfies the appeal criteria, the provost will grant a review of the original decision.

If the provost grants a review of the appeal, the associate dean for residence life will communicate to the non-appealing student this decision and provide the non-appealing student an opportunity to view a copy of the appeal. Within three calendar days of such notification, the non-appealing student may submit a written statement to the provost that he/she wishes to be considered by the provost.

Appeal Review

The provost has two options regarding who will make a decision on the appeal:

• The provost will make a decision on the appeal; or

• The provost will refer the appeal back to the Student Life Committee for a decision on the appeal. If the provost refers the appeal to the Student Life Committee for a decision, the provost will give instructions to the Student Life Committee to review the original decision in light of the information contained in the appeal.

The choice between these two review bodies is in the sole discretion of the provost. The provost will communicate to the appealing student whether the provost or the Student Life Committee will be the reviewing body for the appeal.

As part of the appeal review process, the reviewing body will consider material and/or testimony previously presented or a written summary of the previous proceedings. The review body may, but is not required to, meet with the complainant, respondent, any witnesses and/or members of the Student Life Committee (if reviewed by the provost) prior to making a decision regarding the appeal.

Appeal Decision

Following a prompt and effective review, the provost or Student Life Committee chair (as appropriate) will communicate a decision on the student’s appeal no later than ten business days following the decision to grant a review of the original decision. The decision will be communicated in writing to both the appealing and non-appealing student. The decision will be in one of the two following forms:

1. Original Decision Upheld: Where review of the original decision does not demonstrate a different decision is warranted, the original decision will be upheld.

2. Original Decision Modified: Where review of the original decision demonstrates support for the appeal and a different decision is warranted, the review body will modify the original decision. This decision may include sanctions being decreased, modified, or revoked. Only in instances when the complainant appeals the decision may sanctions be increased.

The decision on the appeal is final, and no other office will accept or review appeals following the decision.

Registered Sex Offenders

Individuals who have been defined as Registered Sex Offenders are required to notify the Santa Barbara County Sheriff’s Department if they are enrolled or employed at Westmont. This requirement includes contractors and vendors on the campus. Information regarding Registered Sex Offenders can be obtained at the Sheriff’s Department.

Crime Statistics

In accordance with the requirements of the Clery Act, Westmont collects and publishes crime statistics. The statistics are reviewed and prepared by the office of the Vice-President for Student Life and the Public Safety Office. College employees who have significant responsibility for student and campus activities report these statistics. They include non-professional counselors, athletic directors, faculty advisors to student organizations, team coaches, residence life personnel, other student life staff, and the officers of the Public Safety Department. Attached is a list of crimes and disciplinary referrals that have been committed as reported to College officials for the past three years.

Campus Crime Log

The Public Safety department maintains a campus crime log that is posted at the public safety office. This log contains a list all the crimes reported to the public safety department within the past 60 days. Also included is the location of where the crime occurred, the date and time of the occurrence, and the status of the incident.

Missing Student Notification Procedures

I. Purpose

In accordance with Federal law and to assist in guarding student safety, Westmont College establishes the following missing student notification policy and investigation procedures.

II.Definitions

A.Residential Student – For purposes of this policy a residential student is enrolled in the academic program and resides in on-campus housing.

B.Missing – For purposes of this policy, a Residential Student is presumed missing if he or she is more than 24 hours late in reaching their expected destination. A Residential Student may also be considered missing if 1) he or she is overdue in reaching home, campus or another specific location past their expected arrival; 2) additional factors lead College staff to believe he or she is missing, and 3) a check of their dormitory room supports that determination.

C.Confidential Contact- For purposes of this policy a confidential contact is the individual named by the residential student, to be contacted not later than 24 hours after the College determines the student is missing.

III.Notification to Residential Students

A.Residential Students are informed that they have the option to identify an individual to be contacted by the institution not later than 24 hours after the time that the student is determined missing.

B. Residential Students, who are under 18 years of age and not emancipated individuals, are informed that the College is required to notify a custodial parent or guardian if it is determined that the is missing. Residential Students who are 18 years of age or older are notified that the college will contact their parents if they do not identify an alternative confidential contact.1 In both cases, the college will contact students’ parent/guardian or other identified contact not later than 24 hours after the time the student is determined missing.

C.Residential Students are informed that the College will notify the appropriate law enforcement agency within 24 hours after the time that the student is determined missing.

D.The Office for Student Life will collect and maintain confidential contact information. The student is responsible for ensuring that the contact information is up-to-date and accurate.

IV.Procedures for Reporting and for Investigating Missing Students

  • Any College employee who receives a report that a student is missing, or has independent information that a student is missing, must immediately report the information or evidence to the Office for Student Life and to Public Safety. If Public Safety is initially contacted, they will notify the Office for Student Life, whose staff will determine whether the student is a Residential Student. If the Office for Student Life is initially contacted, they will notify Public Safety.
  • If the student is a Residential Student, the staff of the Office of Student Life will conduct a preliminary investigation in order to verify the situation and to determine the circumstances which exist relating to the reported missing student.

1.A staff member will attempt to contact the student using his or her cell phone number on file with the College.

2.If the student cannot be reached by cell phone, two staff members will visit the student’s room to verify their location and/or wellness, and, in some cases, when appropriate, deliver a message to contact a parent or other person who is searching for them.

3.If the Residential Student is not at the room, but it is occupied, the residence life staff will attempt to gain information on the student’s location and/or wellness from questioning the student’s roommates.

4.If there is no response when the staff members knock on the door of the room or there are occupants who do not know of the subject student’s location, the residence life staff will enter into the room in question, by key if necessary, to perform a health and safety inspection. The staff members will take note of the condition of the room and look for visible personal property (wallet, keys, cell phone, clothing, etc.) which might provide signs as to whether the subject student has taken an extended trip or leave from the residence hall.

5.If the student is not found in the room, the residence life staff will attempt to gain information on the student’s location from roommates, other members of the residential community, or other friends. The residence life staff will also attempt to acquire additional phone numbers for the subject student (if not already on file) and use them to initiate contact.

6.At any step in the process, staff members will immediately report any suspicious findings to Public Safety.

7.If all of these steps do not provide residential staff with an opportunity to speak with the missing resident or to learn his or her location, Public Safety will be contacted to investigate further.

8.If the missing student is determined to be under the age of eighteen, Residence Life staff will notify the Dean of Students, (or his/her designee), so that contact will be made with the student’s parents or guardians; or other identified contact within 24 hours of determining that the student is missing.

9. If these steps provide residential staff with an opportunity to speak with the missing Residential Student, verification of the student’s state of health and intention of returning to campus is made. If needed, a referral will be made to the college Health Center and/or the college Counseling Center. Residence Life shall contact Public Safety to document that a missing student investigation was begun and apprise them of the student’s state of health and well-being.


If the student is not a Residential Student, the Public Safety department will conduct a preliminary investigation in order to verify the situation and to determine the circumstances which exist relating to the reported missing student. If the Public Safety department determines that the student should be considered missing, it will contact the Student Life office who will contact the relevant outside law enforcement authority and provide the relevant information. If Public Safety determines that the student should be considered missing, the person making the initial report will be encouraged to make an official missing person report to local police.

Safety Tips and Crime Prevention

  • Report suspicious people to Public Safety at extension 6222 or 565-6222.
  • Avoid getting into places where you are vulnerable and there are no exits.
  • Do not hesitate to call 911 or Public Safety when strangers confront you.
  • Lock your office or residence hall room when you leave at night or when you are sleeping.
  • At night, walk in groups of two or more or call Public Safety for an escort.
  • Walk only on lighted footpaths after dark.
  • When parking, remove valuables from plain view and lock your vehicle.
  • Record the serial numbers of your valuables.
  • Make a record of your credit card numbers and other valuables in your wallet.
  • Write your name and ID number in several places in your textbooks.
  • Lock your bicycle in your room or a bicycle rack with a high-quality U shaped lock.
  • Report all criminal incidents and losses to Public Safety immediately.
  • Enroll in the self defense for women class taught by the PE department.
  • Review the written safety plans posted throughout the residence halls.

Fire Safety

Fire Safety Systems

Westmont College operates 5 separate residential complexes on campus and an apartment complex in the City of Santa Barbara. Each of these housing units contains fire protection systems that vary by building. Listed below are the units and their systems.

Armington Halls

  • Fire sprinklers in all the rooms
  • Smoke detectors in all the rooms
  • Heat detectors in the mechanical rooms
  • Fire alarm pull stations throughout the buildings
  • Fire horns and strobe alarm lights throughout the buildings
  • Fire doors on all the suites and stairwells
  • Fire extinguishers throughout the buildings
  • Digital fire alarm panels monitored by Cosco Alarm Company

Van Kampen Hall

  • Fire sprinklers in all the rooms
  • Smoke detectors in all the rooms
  • Heat detectors in the mechanical rooms
  • Fire alarm pull stations throughout the buildings
  • Fire horns and strobe alarm lights throughout the buildings
  • Fire extinguishers throughout the buildings
  • Digital fire alarm panels monitored by Cosco Alarm Company

Clark Halls

  • Fire sprinklers in C, F, M, and S buildings
  • Smoke detectors in all the rooms
  • Fire alarm pull stations throughout the buildings
  • Fire horns and strobe alarm lights throughout the buildings
  • Fire extinguishers throughout the buildings
  • Digital fire alarm panels monitored by Cosco Alarm Company

Emerson Hall

  • Fire Sprinklers in all the rooms
  • Smoke detectors in all the rooms
  • Fire alarm pull stations throughout the building
  • Fire horns throughout the building
  • Fire extinguishers throughout the building
  • Analog fire alarm panel monitored by Cosco Alarm Company

Page Hall

  • Fire sprinklers in all the rooms
  • Smoke detectors in all the rooms
  • Fire alarm pull stations throughout the building
  • Fire horns and strobe alarm lights throughout the building
  • Fire doors on all of the stairwells
  • Fire extinguishers throughout the building
  • Digital alarm panel monitored by Cosco Alarm Company

Ocean View Apartments

  • Smoke detectors in all the rooms
  • Fire alarm pull stations throughout the buildings
  • Fire horns and strobe alarm lights throughout the buildings
  • Fire extinguishers throughout the buildings
  • Digital alarm panel monitored by Cosco alarm company

Fires in 2013

There were no fires that occurred on campus or at the Ocean View apartments during the year of 2013.

Fire Drills in 2013

It is the College practice to conduct one or more supervised fire drills in each of the residence halls each year. Whenever the alarms are active (planned or unplanned), a mandatory evacuation of the buildings is required. In 2013 the College conducted separate fire drills in all residence halls and the Ocean View apartments during the month of September.

Residence Life Fire Safety Policies

Appliances and Cooking

You may use hot air corn poppers which do not use oil and hot pots that do not have exposed heating coils in your room. Residence halls have kitchens for occasional, recreational cooking. The students in each residence hall are responsible to keep their kitchen clean, as Westmont does not provide regular cleaning service for them. Fire and safety regulations prohibit the use of appliances with exposed heating coils, microwave ovens, and toaster ovens in student rooms.

Bunk Beds/Trading Beds

In order to keep your sleeping surface below the wall-mounted smoke detector and prevent injury or damage from striking the ceiling, your mattress must be at least 36 inches from the ceiling. Your resident director has bunk bed connectors and he/she must approve any trading of beds between rooms.

Candles, Fires, and Oil Lamps

Safety codes prohibit your burning open flames or incense in any college building except Ocean View at any time. Violations are subject to a $100 fine per incident.

Electrical Cords

You may use UL-rated power strips with built-in circuit breakers as extension cords in your room. However, regular extension cords may fail at the outlet during a power surge and cause an electrical spark, representing a safety hazard. Therefore, these are prohibited.

Fire Equipment

County fire regulations make it illegal to tamper with fire equipment. Tampering with fire extinguishers, hoses, or alarms will result in a minimum $100 fine, and damaged equipment or emptied fire extinguishers will result in additional charges.

Firearms and Fireworks

As the possession of fireworks and firearms is illegal, and for safety reasons, you may not possess weapons, firearms, or fireworks on campus at any time. This includes air soft guns and pellet guns. Violators of this policy are subject to suspension.

Lighting

Westmont provides ceiling-mounted fluorescent fixtures in each room. The college recommends that you bring your own desk lamp. Westmont allows the use of new fluorescent torchieres bearing the Energy Star label. These cost more to purchase but provide a safer, more efficient torchiere.

Halogen floor lamps (torchieres) are prohibited. Though inexpensive to purchase, they present serious safety concerns because the bulbs burn at extremely high temperatures (1,000°F). They can easily ignite flammable and combustible materials. Halogens also require a large amount of electricity to operate. You should place personal light fixtures away from flammable materials such as draperies, mattresses, carpet, bed linens, and clothing.

Smoke Detectors

Each residence hall room is supplied with a working smoke detector. Please do not remove or tamper with the smoke detectors. If you are experiencing any problems with your smoke detector, contact a residence life staff member immediately. Campus safety personnel check smoke detectors in rooms during Christmas break to insure they are in working condition. Any smoke detectors that have been removed or damaged will be replaced, and the residents of the room will be charged.

Smoking

Westmont College sits in a wild land interface with the Los Padres National Forest. We are subject extreme fire danger situations at various times throughout the year. As a result the College has a no smoking policy everywhere on the campus including within all buildings.

Emergency Response Procedures

  • [The following reflects the content of our Emergency Info page as of the date of this Clery Report. It may have been updated since then.]

We are thankful to not currently be facing an emergency situation. We will update this page as information develops that may be helpful to you. We will also use various other means to reach our students, staff and faculty, including text message, automated voice calls, emails, and word of mouth.

You may also wish to keep in some convenient location our Crisis Hotline number: 888/565-7911. It will be refreshed with updates that are as current as possible if our website is down.

Students should add a contact in their cell phone titled "Westmont Emergency" and showing the number "281-207-4890". This is the number that will show up on caller ID in case Westmont broadcasts an emergency announcement by cell phone or text message. (Click here to view Westmont's Timely Warning policy, in compliance with the federal Clery Act requirements.)

Students are reminded periodically that we will only be able to reach them (or someone about them) in an emergency if they have updated their contact information on the Student Profile page. Depending upon the circumstance, we may route emergency notifications via cell phone, email and/or text message.

Emergency Response - Immediate Actions

Wildfire
  • Go to the gym
    If it's safer to leave campus, we'll coordinate departure from there.
    If it's safer to shelter at the gym, that's what we'll do.
    Bring backpack, meds, empty bladder
  • Do not leave the campus solo
    Wait for official word about whether to stay or go.
    We may need to use the seats in your car.
  • If time is short you're safer here
    Gym has housed us safety before
    Leaving late can be dangerous
Dorm Fire
  • If door HOT, stay in room
    or exit thru window if possible
  • If door COOL, open slightly
    to check for smoke
  • If SMOKE, stay in room
    and use towels, etc to cover openings
  • If no smoke, close door behind you and go to assembly area
    (pull alarm en route)
Power Loss
  • Never use candles
    Use flashlights instead
  • Turn off computer
    to prevent surge when power restored
  • Minimize movement in the dark
    Library, DC and Gym may have backup power in case it's safe to find your way there
Earthquake
  • Duck & Cover
    away from windows, falling objects, power lines, building perimeters
  • Hold on
  • Check in at dorm assembly area, then go to Lovik Field
    and if safe to get them, bring your meds
  • Food, shelter, medical
    The very basics will be available ASAP
  • If trapped, BANG on something
    That sound travels better, and you won't get worn out shouting
  • To the extent possible, HELP OUT
    those around you with needs
Dorm Assembly Areas

Armington
Clark
Emerson

Deane Lawn
Front Lawn
Front Parking Lot

Ocean View
Page
Van Kampen

Parking Lot
Parking Lot
Front Parking Lot

Reporting a Fire

In all occurrences of a fire immediately call 911. For the purposes of including a fire in the statistics in the annual fire safety report, report the fire to the public safety department at (805) 565-6222. The officer on-duty will investigate and file a report.

Future Fire Safety Improvements

The College plans to improve campus fire safety by retrofitting the remaining residence hall areas that do not have a fire sprinkler system in place. The College also plans to upgrade all of the fire alarm panels to digital systems to improve the identification of alarm activations and lessen the response time.