Article I.07 Sexual Harassment: Procedures

Policy

⇓ Procedures ⇓

Sexual harassment is prohibited and the College provides comprehensive procedures in compliance with Title IX of the Education Amendments of 1972, Violence Against Women Act (VAWA), Title VII of the Civil Rights Act, Jeanne Clery Act, and similar laws and regulations.

Sexual harassment is defined as conduct on the basis of sex that satisfies one or more of the following:

  • An employee conditioning the provision of an aid, benefit, or services on an individual’s participation in unwelcome sexual conduct;
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student’s equal access to an education program or activity; or unreasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment.
  • Sexual assault (as defined in the Clery Act), or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA). 

SAFETY, SUPPORTIVE MEASURES, AND RESOURCES

SAFETY IS FIRST PRIORITY 

After an incident of sexual violence, consider seeking medical attention as soon as possible. As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. 

Campus Police
SCC Main Campus, Campus Services Building
636-922-8545

Public Emergency Services
911 

Barnes-Jewish St. Peters Hospital
10 Hospital Drive
St Peters, MO 63376
Phone: 636-916-9000

Progress West HealthCare Center
2 Progress Point Parkway
O'Fallon, MO 63368
Phone: 636-344-1000

SSM St. Joseph Health Center
300 First Capitol Drive
St. Charles, MO 63301
Phone: 636-947-5000

SSM St. Joseph Hospital West
100 Medical Plaza
Lake Saint Louis, MO 63367
Phone: 636-625-5200

Evidence Preservation
It is important that a victim of sexual assault does not bathe, douche, smoke, change clothing or clean the bed/linen/area where assaulted if the offense occurred within the past 96 hours, so that evidence may be preserved that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, pictures, and available logs.

Law Enforcement
Although the College strongly encourages individuals to report violations of this policy to law enforcement, it is the individual’s choice whether or not to make such a report and to accept or decline involvement with law enforcement. The College will assist with notifying the police if desired. Reports of sexual violence to the Department of Public Safety/Campus Police (DPS) will be considered a report to law enforcement and Campus Police may proceed with pursuing a criminal investigation and/or criminal charges with or without the complainant’s consent.

The College does not publish the name of crime victims nor house identifiable information regarding victims in the DPS Daily Crime Log or online. Victims may request that directory information on file be removed from public sources by request from the Student Life office.

Ex-Parte Orders of Protection 
The College complies with Missouri law in recognizing an Ex-Parte Order of Protection or Full Order of Protection. Any person who obtains an order of protection against a member of the campus community should provide a copy to Department of Public Safety/Campus Police (DPS) and the Title IX Coordinator. The individual may then meet with DPS/Campus Police to develop a Safety Action Plan, which is a plan for DPS and the individual to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to escorts, special parking arrangements, changing classroom or work locations, and allowing a student to complete assignments from home. The College cannot apply for a legal order of protection, no-contact order, or restraining order on behalf of an individual. The individual is required to apply directly for these services.

CONFIDENTIAL HELP WITHOUT FILING A REPORT 

  1. Students:
    On-Campus Confidential Help:
    Mental Health Counselor
    636-922-8571
    ADM 1123 

Faculty/Staff:
Employee Assistance Program
ComPsych
888-628-4809; 800-697-0353 (TDD)

CONFIDENTIALITY 

Credit-seeking students who wish to maintain confidentiality may contact the mental health counselor, provided by the College free of charge, at 636-922-8571.

Credit-seeking students can speak with the mental health counselor confidentially and, absent the student’s consent, such reports or conversations will not be reported to the Title IX Coordinator for further investigation. Please note that the mental health counselor will not be able to maintain confidentiality when there is a threat of harm to oneself or another.

Employees who wish to maintain confidentiality may contact the Employee Assistance Program at 888-628-4809; 800-697-0353 (TDD) for confidential assistance.

Credit and non-credit students and employees who wish to maintain confidentiality may also speak with off-campus rape crisis or domestic violence counselors and off-campus members of the clergy and chaplains.

ADDITIONAL OFF-CAMPUS RESOURCES

Counseling:

  • ALIVE: 314-993-2777
  • Behavioral Health Response: 800-811-4760
  • Safe Connections: 314-531-2003

Victim Advocacy:

  • Crime Victim Advocacy Center: 314-524-0686
  • YWCA St. Louis Area Sexual Assault Center: 314-531-RAPE (7273)Health:
  • Crider Health Center: 636-332-6000
  • Volunteers in Medicine: 636-724-4848 

Legal Assistance:

  • Legal Advocates for Abused Women: 314-664-6699
  • Legal Services of Missouri: 800-440-0514

Mental Health:

  • Lutheran Family and Children’s Services: 636-949-5522
  • Crider Health Center: 636-332-6000
  • Catholic Family Services: 636-281-1990

Visa and Immigration Assistance:

  • U.S. Immigration and Customs Enforcement (ICE): 866-341-2423
  • Homeland Security, Blue Campaign (Fight Against Human Trafficking): 866-341-2423 or 888-373-7888 (victim support)

Shelters:

  • Woman’s Place: 636-373-7911
  • The Women’s Safe House: 314-772-4535

National Domestic Violence Hotline: 

  • 800-799-SAFE (7233)

National Sexual Assault Hotline: 

  • 800-656-HOPE (4673)

Other resources available to persons who have experienced sexual assault, domestic violence, dating violence, stalking, or sexual exploitation include:

RISK REDUCTION

With no intent to blame the victim and recognizing that only rapists are responsible for rape, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network, www.rainn.org)

  • Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.

  • Try to avoid isolated areas. It is more difficult to get help if no one is around.

  • Walk with purpose. Even if you don’t know where you are going, act like you do.

  • Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.

  • Try not to load yourself down with packages or bags as this can make you appear more vulnerable.

  • Make sure your cell phone is with you and charged and that you have cab money.

  • Don't allow yourself to be isolated with someone you don’t trust or someone you don’t know.

  • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.

  • When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.

  • Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).

  • Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you have left your drink alone, just get a new one.

  • Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.

  • Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they have had, or is acting out of character, get him or her to a safe place immediately.

  • If you suspect you or a friend have been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).

  • If you need to get out of an uncomfortable or scary situation, here are some things that you can try:

    • Remember that being in this situation is not your fault. You did not do anything wrong; it is the person who is making you uncomfortable that is to blame.

    • Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with.

    • Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.

    • If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use include: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.

    • Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?

    • If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.

HOW TO FILE A FORMAL COMPLAINT

The College takes all formal complaints seriously and will respond in a prompt, equitable, and impartial manner, without presumption of fault or guilt of the complainant or respondent, for complaints alleging an action that would be prohibited by the policy/procedure.

Complaints involving sexual harassment by a student:

Boyd Copeland, Executive Dean of Student Life/Student Title IX Coordinator
636-922-8238 
bcopeland@stchas.edu
ADM 1123

Complaints involving sexual misconduct by an employee, vendor, or visitor:

Martha Kampen, Diversity & Compliance Officer/Employee Title IX Coordinator 
636-922-8654 
mkampen@stchas.edu
ADM 1242

Reports involving sexual misconduct or sex discrimination may also be reported externally to: 


Office for Civil Rights, Kansas City Office
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, MO 64106
Telephone: 816-268-0550
Email: OCR.KansasCity@ed.gov

The Title IX Coordinator will work collaboratively with the Department of Public Safety/Campus Police (DPS) and the local police department unless otherwise prohibited by law. The College will not delay its formal complaint procedures due to pending results of a criminal investigation or proceeding.

NON DISCIPLINARY INTERIM MEASURES

Following a report of sexual harassment, the Title IX Coordinator will determine whether non-disciplinary interim measures should be implemented and are reasonably available, and, if so, take steps to implement those interim interventions as soon as possible. Any non-disciplinary interim measures taken will be done so without the presumption of fault or guilt on the part of any involved party.

Examples of interim measures applied to one or more parties include: a college order of no contact, adjustment of class schedules, and reassignment to a different supervisor or position. Violations of directives and/or interim measures may result in sanctions in accordance with the Sanctions and Appeals section below.

In limited situations, the Title IX Coordinator may remove a respondent from the college on an emergency basis, following an individualized risk/threat assessment, because they pose an immediate threat to the campus community, or cannot otherwise safely participate in an educational program or activity while the sexual harassment grievance process is being conducted. When a removal decision takes place, the Title IX Coordinator will provide the respondent with written notice of the decision and an opportunity for an expedited appeal of the decision.

In the situation of a report of sexual violence, the Title IX Coordinator will:

  • Provide the complainant and respondent with referrals for medical care as needed;
  • Assess the immediate safety needs of the complainant and respondent;
  • Provide the complainant and respondent with contact information for the Department of Public Safety/Campus Police (DPS) and assist with making the contact if the complainant requests;
  • Inform the complainant and respondent of the availability of supportive measures and resources;
  • Assess the need to implement interim measures
  • Provide the complainant and/or respondent with written instructions on how to apply for a protective order if desired; and
  • Provide the complainant and/or respondent with a copy of applicable policies and procedures
INITIAL HANDLING OF A COMPLAINT

Upon receipt of the formal complaint, which must be in writing and signed, the Title IX Coordinator will determine whether there is reasonable cause to believe a violation of this policy/procedures has occurred. If no reasonable cause is found, the Title IX Coordinator will notify all parties in writing of the formal complaint and its dismissal. Reasons for formal complaint dismissal are listed in a section further below.

If the complainant does not wish to proceed with a formal complaint, the Title IX Coordinator may in certain extraordinary circumstances, make a formal complaint. The Title IX Coordinator or designee must weigh the complainant’s wish not to proceed with the following:

  • The seriousness of the alleged conduct;
  • Whether there have been other complaints of sexual harassment against the same respondent; and
  • The respondent’s right to receive information regarding the allegations under FERPA
METHODS FOR RESOLVING COMPLAINTS
Informal Resolution
Informal resolution to a formal complaint of sexual harassment can be reached when the complainant and respondent are equally and voluntarily agreeable to reaching a determination of responsibility without investigation and live hearing. The informal resolution process is available at any time during the grievance process, with the voluntary, written consent of both the complainant and respondent, except in the case of alleged sexual harassment of a student by an employee. A complainant or respondent also retains the right to withdraw from an informal resolution process and resume the formal resolution process at any time.

Upon resolving a formal complaint through the informal resolution process, the complaint will be closed with signatures from all involved parties.

Formal Resolution
The purpose of the formal resolution process is to provide prompt, equitable, and impartial investigation, without the presumption of fault or guilt, for complaints alleging any action that would be prohibited by this policy/procedure.

The formal resolution process may result in disciplinary sanction of parties found responsible for sexual harassment policy/procedures violation.

FORMAL RESOLUTION PROCEDURES

Process Timeframe
Investigation into allegations of sexual harassment will be completed as soon as practicable and typically concludes within 90 days. In the event the timeframe will extend beyond 90 days, the reporting and responding parties will be notified in writing.

Evidence Standard
Determinations of whether the respondent is deemed responsible for the alleged behavior will be based on a preponderance of the evidence standard. A preponderance of the evidence exists when a reasonable person, after a careful balancing of available information, would conclude that it is more likely than not that a policy violation occurred or more than likely a policy violation did not occur.

Advisors
Both the complainant and the respondent may appoint an individual to serve as their individual advisor at their cost and choosing to be present during meetings, or the complainant and the respondent may request to have an advisor appointed by the College at no cost to them.

Formal Resolution Process Steps
When a formal complaint results in reasonable cause that violations of this policy/procedures may have occurred, the Title IX Coordinator will notify the complainant and respondent in writing that an investigation will occur and a tentative process timeframe will be provided. The written notice to the respondent will include sufficient details and the parties will be provided with sufficient time to prepare a response before any initial interview. Sufficient details may include the identities of the parties involved, the specific section of the policy allegedly violated, the conduct constituting the alleged violation, and as applicable, the date/time/location of the alleged incident.

The Title IX Coordinator will assign one or more investigator(s) to gather facts and information related to the formal complaint. Investigator(s) will meet with the complainant, the respondent, conduct additional interviews with witnesses, and gather relevant documentation. During the course of the investigation, the Investigating Officer may receive counsel from College administrators, the College’s attorneys, or other parties as needed.

Both the complainant and the respondent may provide evidence, documentation, and names of witnesses to the investigator for inclusion into the investigative process.

If the complainant or the respondent believes an individual investigating the complaint  has a conflict of interest or bias for or against either party, he/she shall notify the Title IX Coordinator as soon as reasonably possible to determine whether a conflict of interest or bias exists, and an alternative investigator will be appointed.

Upon completion of the investigator’s initial gathering of evidence, the complainant and respondent will have 10 days to review, inspect and respond to all evidence directly related to allegations and provide a written response.

The investigator will consider responses to evidence, determine what evidence is relevant, and summarize all evidence into an investigative report.

The complainant and respondent will be given equal access to review any evidence and the investigative report provided by the assigned investigator(s).

Upon completion of the investigative report, the complainant and respondent will have 10 days to review the final investigative report and provide a written response in advance of the live hearing conducted by the Hearing Officer.

Live Hearing and Cross Examination
A live hearing will be conducted by a College-appointed Hearing Officer in order to reach a determination of responsibility for sexual harassment policy/procedures violation. Prior to the live hearing, the complainant and respondent are strongly encouraged to submit questions to the Hearing Officer in order to determine relevancy and compliance with the rules of decorum. Any questions deemed not relevant by the Hearing Officer, and thereby excluded from the live hearing, will be communicated in writing to the party submitting the question(s).

The live hearing may be conducted at any SCC campus location or may be conducted through video conferencing technology as determined by the Hearing Officer. Live hearings conducted virtually will be done in a manner whereby all parties can simultaneously see and hear each other. Disability-related accommodations for participation in a live hearing will be coordinated by the Office of Disability Support Services (for students) and by the Human Resources Department (for employees). An audio or audiovisual recording of the live hearing will be made available equally to both the complainant and respondent for inspection and review.

During the live hearing, each advisor will ask all relevant questions directly to the other party and/or witnesses, including follow-up questions and questions challenging credibility The Hearing Officer has authority to interject and disallow a question; when this occurs, a response to the question will not be given. The Hearing Officer will not consider or rely on statements from any individual who does not participate in the live hearing or who refuses to submit to cross examination. In addition, the Hearing Officer will not reach a determination of responsibility based solely on a party’s or witness’ absence from the live hearing or refusal to submit to cross examination.

At no time during the investigation or the live hearing will either the complainant or respondent be subjected to questions that constitute, or seek disclosure of, information protected under a legally recognized privilege (unless such privileges have been voluntarily waived). Likewise, neither complainant nor respondent will be subjected to questions about sexual predisposition, previous sexual behavior or other circumstances protected under federal and state rape shield laws.

Final Determination, Remedy, and Resolution
After a thorough examination of the evidence and cross examination presented during the live hearing, the Hearing Officer will make a final determination of responsible or not responsible for violations of the College’s sexual harassment policy/procedures using the preponderance of the evidence standard. The Hearing Officer’s final determination indicates there is sufficient evidence to conclude that it is more likely than not that the respondent engaged in conduct that meets the College’s definition of sexual harassment or that it is more likely than not the respondent did not engage in conduct that meets the College’s definition of sexual harassment.

The Hearing Officer will draft a final determination letter, outlining the rationale and analysis for the decision. The letter will be distributed simultaneously to both the complainant and respondent by the Title IX Coordinator.  In addition to details relating to the allegations constituting sexual harassment, procedural steps, findings of fact, conclusions and rationale, the final determination letter will include information regarding disciplinary sanctions and remedies.

RIGHT OF APPEAL

In cases of sexual harassment or sexual violence, both the complainant and the respondent have the right to appeal. The appeal must be in writing and contain the following:

  • Name of the complainant;
  • Name of the respondent;
  • A statement of the determination of the complaint, including corrective action if any;
  • A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it; and
  • Requested action, if any.

The appeal must cite at least one of the following criteria as the reason for appeal and provide supporting arguments:

  1. A procedural irregularity that affected the outcome of the matter;
  2. Newly discovered evidence that was not reasonably available when the determination of responsibility was made that could affect the outcome of the matter; or
  3. Title IX Coordinator, Investigator or Hearing Officer had a general or specific conflict of interest or bias against the complainant or respondent that affected the outcome of the matter.

Status During Appeal
The sanction that was rendered by the Hearing Officer is in effect during the period of appeal.


In the case that the respondent is an employee, the Appeals Officer is the Vice President for Administrative Services/COO. In the case that the respondent is a student, the Appeals Officer is the Vice President for Student Services. If the Appeals Officer determines that criteria for an appeal has not been met, the determination of the Hearing Officer stands. If the Appeals Officer determines that the criteria for an appeal has been met, the Appeals Officer will then review the information gathered as part of the investigation and hearing procedures, including any documentary evidence.

The Appeals Officer may:

  1. Reverse the finding regarding whether the student/employee is responsible/not responsible;
  2. Return the matter to the Hearing Officer for review and/or reconsideration on whether the student is responsible/not responsible;
  3. Convert any sanction imposed to an alternate sanction;
  4. Rescind any previous sanction;
  5. Return a recommended sanction to the Hearing Officer for review and/or reconsideration; or
  6. Uphold the determination of the Hearing Officer.


Resolution of the Appeal
The appeal will be resolved within ten (10) College business days of receiving it. The Appeals Officer may take any and all actions in the interest of a fair and just decision. The decision of the Appellate Officer is final, unless otherwise noted in the Sanctions section.

A written statement of the resolution of the appeal will be provided by the Appeals Officer to the complainant, respondent, and the Title IX Coordinator within three (3) College business days of the resolution.

DISMISSAL OF FORMAL COMPLAINT

A formal complaint may be dismissed at any time during the sexual harassment grievance process. The following are reasons a formal complaint will be dismissed (procedurally or voluntarily):

  • The conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy, even if proven;
  • The conduct alleged did not occur against a person in the United States;
  • The conduct alleged did not occur in SCC’s education program, activity, or College property;
  • The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
  • The respondent is no longer enrolled or employed at the College;
  • Specific circumstances prevent SCC from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein

Upon dismissal, a notification will be sent, simultaneously in writing, to both parties, giving the dismissal reason(s) the complaint was dismissed.

Please note that dismissal does not prevent action under another provision of the College’s code of conduct or by law enforcement.

SANCTIONS

For the individual found to be responsible for policy/procedure violation, the potential sanctions that may be applied are governed by and listed within the following:

AMNESTY FOR STUDENT ALCOHOL/DRUG USE

The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time an incident of sexual violence occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report incidents of sexual violence to campus officials. A student bystander reporting in good faith or a student reporting sexual violence will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual violence.

INTENTIONAL FALSE REPORTINGS AND REPORTS MADE IN BAD FAITH

The College expects all reports of concern to be made in good faith. Intentionally false reporting of concerns and reports made in bad faith, such as an act of retaliation, may result in disciplinary sanctions. False reporting may also be a violation of state criminal statutes and civil defamation laws.

RETALIATION

The College strictly prohibits retaliation of any kind against an individual for reporting sexual harassment pursuant to this policy, assisting someone with a complaint of sexual harassment, or participating in an investigation following a complaint of sexual harassment. Examples of such prohibited retaliation include threats, intimidation, reprisals, adverse employment actions, or adverse educational actions. Any incidents of alleged retaliation should be immediately reported. In the event that retaliation is found to have taken place, sanctions will be governed by policy noted below in the Sanctions and Appeals section.

EDUCATION/TRAINING

College employees involved in Title IX processes including report intake, investigation, adjudication, and appeals must complete training annually.  Training topics include related subject matter such as College policy and procedures, domestic violence, dating violence, sexual assault, stalking, trauma-informed practices, conducting investigations, adjudicating, and appeal of cases.  

Details regarding training may be reviewed at: https://www.stchas.edu/about-scc/employment/title-ix/training

RESPONSIBLE PARTIES

A Responsible Party of the College with actual knowledge of sexual harassment in a St. Charles Community College (SCC) education program or activity, whether on-campus or off-campus, (such as on athletic fields, SCC-sponsored events or activities, educational programs, practice or rehearsals, on-campus housing, or the housing of an SCC-sanctioned organization in the United States) against a person, must respond promptly to the College’s Title IX Coordinator or other official who has the authority to institute corrective measures on behalf of the College.

DEFINITIONS

Complainant
A person who is alleged to be the victim of conduct that could constitute sexual discrimination/harassment, violating our institution’s policy.

Consent
In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent can be given by word or action, but non-verbal consent is not as clear. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Consent must be freely given.

In order to give effective consent, one must be of legal age and capable of making such a decision. Agreement does not constitute consent if: it is given by a person who lacks the mental capacity to authorize the conduct; or it is given by a person unable to make a reasonable judgment about harmfulness of the conduct due to youth, mental disease, incapacitation, a drug-induced state, or similar; or it is induced by force, duress, or deception.

Dating Violence
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence
Domestic violence is a felony or misdemeanor crime of violence committed:

  • by a current or former spouse or intimate partner of the victim;
  • by a person with whom the victim shares a child in common;
  • by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  • by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
  • by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Formal Complaint
A document filed by a complainant in writing and signed or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment.

Respondent
A person who has been reported to be the perpetrator of conduct that could constitute sexual harassment, violating our institution’s policy.

Responsible Party
A college official who is an administrative officer (President, Vice Presidents, Campus Provosts, Associate Vice Presidents, Assistant Vice Presidents, and Executive Directors), and/or an administrator (Deans, Department Chairs, Directors, Managers, and Supervisors) who holds a duty to report matters of sexual harassment to the Title IX Coordinator.

Sexual Assault
Sexual assault is actual or attempted physical sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to:

  • Intentional touching of another person’s intimate parts without that person’s consent;
  • Other intentional sexual contact with another person without that person’s consent;
  • Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent;
  • Penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent;
  • Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or
  • Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Sexual Violence
For purposes of this policy, sexual violence collectively refers to the terms sexual assault, domestic violence, dating violence, stalking, and sexual exploitation as defined in this policy.

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

For purposes of this definition:

  • Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property;
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Board Policy: Article I.07 Sexual Harassment: Policy

Board Policy: P-534.1 Romantic or Sexual Relationships

Content Owner: Donna Davis - ddavis@stchas.edu
Revision Dates: 05/2008, 10/2009, 01/2013, 04/2014, 10/2014, 07/2015, 08/2015, 06/2017, 08/2017, 07/2018, 08/2020

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