Understanding Title IX Reporting
Reporting Sexual Misconduct and Other Prohibited Conduct
Individuals who wish to report sexual misconduct, sexual harassment, sexual assault, domestic violence, dating violence, or stalking may contact the College’s Title IX Coordinator, the Chief of College Safety and Security, or both.
The College prohibits retaliation against any individual who, in good faith, files a complaint or participates in a process under this procedure. Any person found to have engaged in retaliatory conduct may be subject to appropriate disciplinary action in accordance with applicable College policies and procedures.
Individuals are expected to submit complaints in good faith. Knowingly submitting a complaint in bad faith or for the purpose of harassment, embarrassment, or disruption of the College’s orderly operations may result in disciplinary action, consistent with applicable College policies and procedures.
Title IX Coordinator
Chief of Safety and Security
Definitions
The following definitions are provided to help individuals understand the terminology associated with Title IX and the College’s policies regarding sexual misconduct and related conduct. For the official definitions and applicable requirements, please refer to the College’s governing Board Policies and applicable federal law.
Sexual Assault
In accordance with Board Policy 6Hx19-1.33, sexual assault includes sexual conduct or contact that occurs without the recipient’s explicit consent.
Non-consensual sexual contact includes intentional sexual touching with any object or body part, by a person of any gender or age, without consent.
Non-consensual sexual penetration includes any penetration, however slight, of the anal, oral, or vaginal opening with any object or body part, by a person of any gender or age, without consent.
Sexual Harassment
In accordance with Board Policy 6Hx19-2.56 and applicable Title IX regulations, sexual harassment includes:
- Quid pro quo sexual harassment: When a College employee conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
- Hostile environment sexual harassment: Unwelcome conduct of a sexual nature that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the College’s education program or activity.
- Specified offenses: Sexual assault, as defined by the Clery Act; dating violence; domestic violence; and stalking, as defined by the Violence Against Women Act (VAWA).
Sexual Misconduct
Sexual misconduct is a broad term that encompasses unwelcome conduct of a sexual nature that occurs without consent or involves force, intimidation, coercion, or manipulation. Sexual misconduct may be committed by a person of any gender and may occur between individuals of the same or different genders.
Content
In accordance with Board Policy 6Hx19-1.33, consent means knowing and voluntary agreement, without coerced submission. Consent is an informed decision made freely and actively by all parties to engage in a particular activity.
Consent is an affirmative agreement to participate in mutually acceptable sexual activity and must be communicated through clear words or actions. If clear consent, whether verbal or nonverbal, has not been communicated, the conduct may be considered to have occurred without consent. Consent must be obtained and communicated for each sexual act. Individuals are encouraged to communicate openly with one another before and during any sexual interaction, as relying solely on nonverbal communication may lead to misunderstandings.
An individual’s ability to consent may be diminished or absent under certain circumstances, including when the individual is significantly impaired by alcohol or drugs, unconscious, intimidated, coerced, or mentally or physically impaired.
An individual with a cognitive disability may be unable to consent to sexual activity if they cannot understand the nature of the act, its consequences and risks, or the circumstances of the sexual interaction. In determining responsibility for a violation, consideration must be given to whether the other individual knew or reasonably should have known of the cognitive disability and its impact on the individual’s ability to consent, consistent with applicable law and College policy.