PE 446 - Sexual Misconduct

Non-Consensual Sexual Contact - any intentional sexual touching and any other intentional bodily contact in a sexual manner, however slight, with any object, by a man or a woman upon another person that is without consent.

Consent - a freely and affirmatively communicated willingness to participate in sexual activity, expressed by clear, unambiguous words or actions. It is the responsibility of the initiator of the sexual activity to ensure that he or she has the other person’s consent to engage in sexual activity, throughout the entire sexual activity by all parties involved. At any time, a participant can communicate that he or she no longer consents to continuing the activity. Consent may never be obtained through the use of force, coercions, or intimidation or if the victim is mentally or physically incapacitated, including through the use of drugs or alcohol.

Force - the use of physical violence, threat of physical violence and/or imposing on someone physically to gain sexual access.

Coercion - unreasonable, intimidating or forcible pressure for sexual activity.

Sexual Assault - any type of sexual contact or behavior that occurs without the explicit consent of the recipient.

Sexual Exploitation - occurs when someone takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to the benefit or advantage of anyone other than the person being exploited.

Stalking - engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for -their safety or the safety of others or suffer substantial emotional distress.

Domestic Violence/Intimate Partner Violence/Dating Violence - violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship and/or the frequency of interaction between the person involved in the relationship.

Sexual Harassment - conduct of a sexual nature based on a person’s sexual orientation, gender or gender identity and expression that prevents or impairs the full realization of occupational, educational or athletic opportunities or benefits. Sexual harassment occurs when this conduct explicitly or implicitly affects or interferes with a person’s ability to pursue the terms and conditions of employment, academic or athletic attainment.


(C) Prohibitions Against Consensual Sexual Relationship Misconduct

Consensual sexual relationships include romantic, intimate or sexual relationships in which both parties agree to participate in the relationship. The colleges recognize that consensual sexual relationships are generally not problematic, except when the relationship may compromise the integrity of the college, create the potential for the abuse of authority, or create the inability to remain impartial. Consensual sexual relationships may also create a third-party perception that a subordinate is receiving preferential treatment.

1. Consensual sexual relationship misconduct among employees:
   
   Consensual sexual relationships between administrators, supervisors, deans or chairperson and the employees they supervise, professionally advise, counsel, or employees over whom they have direct impact on the employee’s terms and conditions of employment is strictly prohibited.
    
2. Consensual sexual relationship misconduct with students:
   
   The college strictly prohibits consensual sexual relationships between faculty members and the students or student employees enrolled in a class or class sequence(s) taught, advised, counseled, coached or supervised by the faculty member, or over whom the faculty member has direct impact on the student or student employee’s academic enrolment or success.
   
   The college strictly prohibits consensual sexual relationships between administrators, supervisors, deans, chairpersons or employees and the student or student employees whom they advise, counsel, coach or supervise, or over whom they have a direct impact on the
   student or student employee’s academic enrollment or success.

(D) Consequences of Sexual Misconduct

1. Employees - any employee found to be in violation of this policy will be subject to disciplinary action, up to and including termination of employment.
    
2. Students - any student found to be in violation of this policy will be referred to the Campus Dean of Student Development and the EEO/Title IX Compliance Officer for resolution in accordance with the Student Code of Conduct Policy

(E) Consequences of Consensual Sexual Relationship Misconduct

Any employee or faculty member who is engaged in a consensual sexual relationship that may be in violation of this policy has the responsibility to notify the employee’s administrator, dean, the chairperson, the EEO/Title IX Compliance Officer about the relationship as soon as it is known that it may violate this policy.

An employee who does not notify their administrator, supervisor, dean or EEO/Title IX Compliance Officer that they are involved in a consensual sexual relationship in violation of this policy shall be subject to disciplinary action, up to and including termination of employment.


(F) Reporting Responsibilities for Sexual Misconduct

Anyone who believes that an administrator, supervisor, employee, faculty member, student, or non-employee’s behavior constitutes discrimination or harassment has a responsibility to report the behavior/action as soon as it is known so that the college may administer this policy.
 

1. In cases of alleged sexual misconduct where the victim or alleged perpetrator is an employee, the complaint may be made to any of the following:
   1. the Equal Employment Opportunity (EEO) Title IX Compliance Officer;
   2. a campus president, supervisor, director, dean, chairperson, or other administrator an employee of Human Resources
2. In cases of alleged sexual misconduct where the victim and/or alleged perpetrator is a student, a potential student, or someone participating in a college athletic event, the complaint may be made to any of the following:
   1. the Equal Employment Opportunity (EEO) Title IX Compliance Officer;
   2. the Dean of Student Development;
   3. a campus president, dean, chairperson, or other academic administrator or
   4. the college’s athletic coach
3. Any person designated to receive complaints under this policy who has direct or constructive knowledge of alleged discriminatory or harassing behavior must immediately report the behavior to the EEO/Title IX Compliance Officer. Failure to do so shall result in disciplinary action, up to and including termination of employment.
    

(G) Academic Freedom/First Amendment Guidelines

1. The college is committed to providing a safe, anti-harassing, and nondiscriminatory environment that protects the civil rights of individuals, and the college recognizes the constitutional protection of academic freedom in the classroom.
    
2. This policy is not intended to restrict serious discussion of controversial issues in a training or academic situation

(H) Confidentiality

To the extent possible, all information received in connection with the reporting, investigation, and resolution of allegations will be treated as confidential, except to the extent it is necessary to disclose information in order to investigate, prevent or address the effects of the discrimination/harassment, resolve the complaint or when compelled to do so by law. All individuals involved in the process should observe the same standard of discretion and respect for the reputations of everyone involved in the process.


(I) Retaliation

College policy and federal, state and local law strictly prohibits retaliation in any form against any employee, faculty member, student, vendor, customer, or other person participating in a college program or activity who complains or reports an allegation, or who participates in an investigation of discrimination or harassment. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the allegation. Allegations of retaliation should promptly be directed to the EEO/Title IX Compliance Officer.


(J) The Chancellor shall establish procedures to administer this policy, including an EEO/Title IX Reporting and Investigation Procedure

DATE OF ADOPTION: 8/17/15
REVIEWED: 12/10/18; 08/21/23
LEGAL REFERENCE: