SMCC Campus Police Department

All students, faculty, staff, and administrators are expected to comply with Mississippi laws regarding controlled substances, as outlined in Section 41-29-113 et seq. of the Mississippi Statutes. The possession, sale, delivery, or manufacture of illegal drugs is a criminal offense and a violation of SMCC policy.

Violations of the Drug and Alcohol Abuse Prevention Program standards will result in disciplinary action:

• Students will face sanctions according to SMCC’s student conduct code.
• Faculty and staff will be disciplined according to established college procedures.

In some cases, participation in rehabilitation programs may be mandated by state or federal law. Minimum penalties will apply based on the nature of the offense, as detailed in the full policy.

Effective July 1, 2014, Southwest Mississippi Community College is a tobacco-free campus. The use of tobacco products—including vapes, Jules, and similar devices—is strictly prohibited on all SMCC property, including buildings, dorms, grounds, parking lots, sidewalks, recreational facilities, and college-owned vehicles.

This policy applies to students, faculty, staff, contractors, vendors, and visitors.

Violations & Penalties for Students:

• 1st Offense: $25 fine
• 2nd Offense: $50 fine
• 3rd Offense: $100 fine and referral to the Disciplinary Committee

Faculty, staff, and administrators in violation will be referred to their direct supervisor.

Southwest Mississippi Community College is committed to maintaining a safe and healthy environment. The use, possession, sale, purchase, transfer, or influence of illegal or non-prescription drugs—or alcohol—is strictly prohibited:

• During college classes, activities, or business hours
• While representing SMCC
• On campus property, including Host Agencies and college-sponsored events

This policy applies to all students and enrollees. SMCC fully upholds federal, state, and local laws regarding drug and alcohol use or possession.

The possession, sale, or consumption of alcoholic beverages is prohibited on SMCC property and at off-campus college-sponsored events. Alcohol includes, but is not limited to, beer, wine, distilled spirits, wine coolers, and liqueurs.

Mississippi law forbids alcoholic beverages on college campuses and sets the legal drinking age at 21. It is unlawful to sell, serve, or give alcohol to individuals under 21, or for persons under 21 to possess alcoholic beverages.

Violations & Penalties (Students):

• 1st Offense: $75 fine and a typed three-page paper on the dangers of alcohol, submitted to the VP of Student Affairs
• 2nd Offense: $150 fine and suspension from residence halls
• Additional sanctions may apply per the Student Code of Conduct

Faculty and staff are also subject to appropriate disciplinary action if in violation.

Sexual harassment—like discrimination based on race or religion—is prohibited under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments. With the adoption of this policy, Southwest Mississippi Community College (SMCC) reaffirms its ongoing commitment to ensuring that every student, faculty member, and staff member has the right to study and work in an environment free from intimidation, fear, retaliation, or coercion.

This Policy on Sexual Harassment is published in both the SMCC Faculty Handbook and the SMCC Student Handbook and applies equally to all members of the campus community. The college expects every member—students, faculty, administrators, and staff—to support a learning and working environment free of harassment.

Prohibited Conduct

It is the policy of SMCC that no student or employee—regardless of gender—may sexually harass another member of the college. Prohibited behaviors include sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that meet any of the following criteria:

• Submission to such conduct is made (explicitly or implicitly) a term or condition of an individual’s employment or education;
• Submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting the individual;
• The conduct interferes with an individual’s academic or professional performance, or creates an environment that a reasonable person would find intimidating, hostile, or offensive.

Reporting and Resolution Process

The administration is responsible for ensuring a timely and thorough investigation of all complaints. Any student, faculty, staff member, or administrator who believes they have experienced or witnessed sexual harassment should report the incident to either the appropriate administrator or the Vice-President for Student Affairs.

Complainants may be accompanied by a support person of their choosing. The individual receiving the complaint will initiate informal discussions to attempt resolution. If that resolution is not satisfactory, the matter may be reviewed by:

• The President of the College
• The Vice-President for Academic Affairs
• The Vice-President for Student Affairs
• The Vice-President for Career-Technical Education

Formal complaints may be filed as follows:

• Students: Vice-President for Student Affairs
• Faculty and academic staff: Vice-President for Academic Affairs
• Career-technical instructors and staff: Vice-President for Career-Technical Education
• All other staff and administrators: President of the College

Protections and Confidentiality

SMCC is committed to protecting individuals who, in good faith, file complaints of sexual harassment from retaliation. The rights of those accused are also respected, with fairness and due process ensured. Findings will be based on clear and persuasive evidence.

Complaints will be handled as confidentially as permitted by law, and details will only be shared with individuals involved in the investigation and resolution.

Both the complainant and the individual accused will be notified of the final disposition of the complaint. If harassment is substantiated, corrective action—up to and including dismissal or separation from the college—will be taken in accordance with institutional policies.

Sexual Misconduct Terminology

Complainant An individual alleged to be the victim of conduct that could constitute sexual harassment.

Respondent An individual reported to be the perpetrator of conduct that could constitute sexual harassment.

Recipient The Title IX official who receives the formal complaint.

Deputy Title IX Coordinator College personnel designated to assist the Title IX Coordinator with sexual misconduct reports. They can answer questions about reporting, investigation, and adjudication procedures, and are available to meet with individuals concerned about incidents or patterns of sexual misconduct.

Formal Complaint A document filed by a complainant or signed by the Title IX Coordinator, alleging sexual harassment and requesting an investigation.

Supportive Measures Non-disciplinary, non-punitive services offered equitably to complainants and respondents, both before or without a formal complaint.

Advisor A person who supports a party through the grievance process and may conduct cross-examination during a Title IX hearing. The advisor may be an attorney or another individual chosen by the party.

Fact Witness A person who has knowledge of facts relevant to an alleged violation.

Preponderance of Evidence The standard of proof used in investigations, meaning it is more likely than not that the alleged conduct occurred.

Definitions of Prohibited Conduct

Sexual Harassment Conduct on the basis of sex that includes:

• Quid pro quo harassment by a person in authority
• Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies equal access to an education program or activity
• Sexual assault, dating violence, domestic violence, or stalking as defined by federal law

Sexual Assault Any attempted or actual sexual act directed at another person without consent, including instances when the victim cannot consent.

Rape Penetration, no matter how slight, of the vagina or anus with any body part or object—or oral penetration by a sex organ—without the consent of the victim.

Fondling Touching of private body parts for sexual gratification without consent, including when the victim is unable to consent due to age or incapacity.

Incest Sexual intercourse between individuals related within the degrees prohibited by law.

Statutory Rape Sexual intercourse with someone under the legal age of consent.

Consent & Incapacitation

Consent is:

• A voluntary agreement to engage in sexual activity
• Revocable at any time
• Not implied by past conduct or silence
• Invalid if obtained through force, coercion, or from a person under 17 or incapacitated

Incapacitation includes:

• Physical helplessness (e.g., unconsciousness, sleep)
• Mental impairment (e.g., intoxication, drug use, cognitive disability)

Other Prohibited Conduct

Dating Violence Abuse or threats of abuse by someone in a romantic or intimate relationship with the victim, determined by the length and nature of the relationship and frequency of interaction.

Domestic Violence A felony or misdemeanor crime of violence committed by a spouse, intimate partner, cohabitant, or others protected under family violence laws.

Stalking A pattern of conduct targeted at a specific person that would cause fear or substantial emotional distress. Includes following, monitoring, threats, and harassment.

Sexual Exploitation Taking sexual advantage of another without consent, for one’s own benefit or to benefit others in a way not otherwise categorized under other offenses.

Sexual Intimidation Actual or implied threats to commit a sexual act, or behavior intended to coerce someone into participating in sexual activity.

Hostile Environment Created when sexual jokes, images, threats, or unwelcome comments contribute to an intimidating or offensive environment—especially when tied to requests for sex in exchange for favors.

A Campus Security Authority is defined as any individual or organization at an institution of higher education who fulfills one or more of the following roles:

• A member of the Campus Police Department
• Any individual with responsibility for campus security, even if not part of an official police or security department
• Any individual or organization identified in the college’s official campus security policy as someone to whom students and employees should report criminal offenses
• An official with significant responsibility for student and campus activities, including areas such as housing, student discipline, and campus judicial proceedings. An “official” is someone with the authority and duty to take action or respond to issues on behalf of the institution

Confidentiality of Reporting

Confidentiality of reporting is limited to what is permitted under the law. Because police reports are considered public records under state law, the SMCC Police Department cannot hold crime reports in confidence.

However, for the purpose of inclusion in the College’s annual disclosure of crime statistics, confidential reports may be made to designated Campus Security Authorities—excluding sworn members of the SMCC Police Department. Prompt and accurate reporting helps initiate timely warnings, enhances emergency responses, and improves the accuracy of statistics required under the Clery Act.

Exemptions from Clery Crime Reporting

Pastoral counselors and professional counselors, as defined below, are not considered Campus Security Authorities when acting in a counseling role and are not required to report Clery Act crimes. However, they are encouraged—when appropriate—to inform individuals about voluntary reporting procedures for inclusion in campus crime statistics.

• A pastoral counselor is an employee who is affiliated with a recognized religious order or denomination and provides confidential counseling within that religious context.
• A professional counselor is an employee whose official responsibilities include providing psychological counseling, and who operates within the scope of their professional license or certification.

Baptist Student Union (BSU)

Trey Hess, BSU Director

• Crisis Support Services
• (601)276-2000
• hess19@gmail.com