Understanding Title IX Reporting
Individuals seeking to report sexual misconduct, sexual harassment, sexual assault, domestic violence, dating violence, and stalking may notify the Title IX Coordinator, Director of Safety and Security, or both.
No person filing a complaint in good faith under this section shall be subject to any adverse action. Any person acting in a manner deemed to be retaliatory for the filing of a complaint under this procedure shall be subject to appropriate student disciplinary action. Any person filing a complaint under this procedure determined to have been filed in bad faith or for purposes of harassment, embarrassment or to disrupt the orderly operation of the College may be subject to disciplinary action.
Title IX Coordinator
Definitions
Sexual Assault
In accordance with Board Rule 6Hx19-1.33, Sexual Assault is defined as any sexual conduct or contact that occurs without the explicit consent of the recipient. Non-consensual sexual contact includes any intentional sexual touching with any object or body part, by a person of any gender or age, which is done without consent. Non-consensual sexual penetration includes any sexual penetration (i.e., anal, oral, or vaginal), however slight, with any object or body part, that is committed by a person of any gender or age, and which is done without consent.
Sexual Harrassment
In accordance with Board Rule 6H-19-2.56 and Title IX, sexual harassment is defined as:
- any instance of quid pro quo sexual harassment by a College employee;
- any unwelcomed sexually-based conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal access to the College’s educational programs or activities; or
- any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking (as defined in the Violence Against Women Act (VAWA).
Sexual Misconduct
Sexual misconduct is a broad term encompassing any unwelcomed behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different gender.
Content
In accordance with Board Rule 6Hx19-1.33 consent is defined as knowing, and voluntary consent, without coerced submission. Consent is an informed decision made freely and actively by all parties to engage in an activity. Consent is an affirmative decision to engage in mutually acceptable sexual activity, and it is given by clear actions or words. Conduct is considered to be “without consent” if no clear consent (i.e., either verbal or nonverbal) is given. Because sexual activity that is undertaken without consent is one form of prohibited conduct, each participant must obtain and give consent to each sexual act. Individuals are strongly encouraged to talk with each other before and during any sexual interaction. Relying solely upon non-verbal communication can lead to miscommunication.
In some situations, an individual’s ability to consent may be diminished or removed. This includes, but is not limited to, when an individual is significantly impaired due to alcohol or drugs, or if a person is coerced, unconscious, intimidated, or mentally or physically impaired.
A person with cognitive disabilities cannot give consent to sexual activity if he or she cannot understand the act, nature, consequences, and risks; this includes both the positive and negative impacts and the extent of the sexual situation. The cognitive disability of the victim must be known (or reasonably apparent) to a non-disabled sexual partner, in order to hold the individual responsible for the violation.