|P-534.0||All forms of discrimination and harassment degrade the quality of work and diminish the academic mission and will not be tolerated. Sexual harassment, because of its nature, has received special attention within Title IX of the Education Amendments of 1972 (Title IX) and Title VII of the Civil Rights Act. Further, because of the unique relationship between student and faculty member or supervisor and subordinate, and the inequities in power, sexual harassment is especially troublesome in the academic environment. Sexual harassment not only violates the law and College policy, but also can damage personal and professional relationships, cause career or economic disadvantage, and expose the College to legal liabilities and other financial consequences.
Sexual and other forms of harassment can be prevented through instilling knowledge and awareness. This policy is intended to increase awareness and provide practical information regarding sexual harassment by making available information, resources, and the availability of guidance on the subject.
Even consensual sexual or romantic relationships may be perceived as or become occasions of sexual harassment. For more information, individuals should refer to Policy 434.1/534.1, Romantic or Sexual Relationships.
|Definitions of Sexual Harassment|
|D-534.0.1||Sexual Harassment is unwelcome conduct of a sexual nature. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other unwelcome written, verbal or physical conduct of a sexual nature when:
|D-534.0.2||Sexual harassment may occur between members of the same or opposite sex; sexual harassment may occur between persons of the same or different College status (faculty, staff, student, visitor, vendor, other). Groups may also be found to engage in sexual harassment.|
|D-534.0.3||Harassment based on a person’s sex is not limited to instances involving sexual behavior. Behavior that is based on sexual advances or overtones, as well as sex or gender harassment because of a person’s sex (for example, being denied equal treatment because a person is a female or male, or being treated differently because of gender stereotypes) may be considered sexual harassment.|
|D-534.0.4||Sexual harassment may include unwelcome sexually-oriented kidding or teasing, sexual innuendoes, sexually-oriented jokes, jokes about gender-specific traits or which are gender-based, or display of obscene material.|
|D-534.0.5||Someone who is not the direct and immediate target of sexual harassment may still be a victim of sexual harassment. Harassing behavior toward others may be so offensive, demeaning or disruptive as to constitute a hostile work or academic environment, though not specifically directed at the observer or individual lodging a complaint.|
Definition of Sexual Assault/Violence
Sexual Assault/Violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to an intellectual or other disability.
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.
In order to give effective consent one must be of legal age and capable of making such decision. Incapacity (or being incapable of giving consent) is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how”) of their sexual interaction. Incapacity can result from mental disability, sleep deprivation, involuntary physical restraint, alcohol or drug use, or from the taking of rape drugs.
|Reporting Discrimination, Harassment, and Sexual Violence|
|Pr-5126.96.36.199||Any student who believes that he or she has been the subject of sexual or other harassment should report the alleged act immediately to the Title IX Coordinator-Vice President for Academic and Student Affairs, 636-922-8356, Room SSB 2110 or as an alternative, the Deputy Title IX Coordinator-the Dean of Student Success, 636-922-8259, Room ADM 1242. The College will respond in a prompt and equitable manner to allegations of harassment and will respond appropriately to those who violate this policy, up to and including termination of employment or dismissal from the College, as applicable.|
If a student is alleging that he or she is a victim of sexual assault, that student should contact the mental health counselor, which is provided by the College free of charge, at 636-288-6533. The mental health counselor will assist a student with contacting the Dean of Student Success at 636-922-8259 or the Vice President for Academic and Student Affairs (VPASA) at 636-922-8356 and Department of Public Safety at 636-922-8545, who can assist the student by discussing options for and assistance in notifying law enforcement agencies and accessing services for victims.
The Dean of Student Success or VPASA will assist the student with needed class schedule changes if the accused perpetrator is another SCC student. The Dean of Student Success or VPASA will also discuss options for campus disciplinary action, including sanctions the college may impose. The Dean of Student Success or VPASA will share that both the accuser and the accused are entitled to the same opportunities to have others present during disciplinary proceedings, and that both must be informed of the outcome of any campus disciplinary proceedings.
Any employee who believes that he or she has been the subject of sexual or other harassment or who has witnessed discrimination or harassment, on any basis, should report the alleged act immediately to the Vice President for Human Resources, 636-922-8300, Room ADM 1123. Reports may also be made to any Administrative Officer of the College. A person does not have to be the direct target of the discrimination or harassment to report it. The College will respond in a prompt and equitable manner to allegations of harassment and will respond appropriately to those who violate this policy, up to and including termination of employment or dismissal from the College, as applicable.
If an employee is alleging that he or she is a victim of sexual assault, the employee should contact the Department of Public Safety at 636-922-8545, who can assist by discussing options for and assistance in notifying law enforcement agencies and accessing services for victims; should contact the Vice President for Human Resources at 636-922-8300, ADM 1123, or any Administrative Officer; and may contact the employee assistance program at 1-800-356-0845 for counseling assistance.
While the Vice President for Academic and Student Affairs (VPASA), the Dean of Student Success, and the Vice President for Human Resources are formally responsible for enforcing compliance with discrimination, harassment, and sexual violence policies policies, ensuring that the campus is free of discrimination, harassment, and sexual violence is a shared responsibility of all employees of the College community. If employee discrimination, harassment, sexual violence, or retaliation is observed by, or reported to a College official (administrators, managers, and supervisors), then that official has the duty to immediately report the matter to the responsible parties listed above. If student discrimination, harassment, sexual violence, or retaliation is observed by, or reported to an administrator, manager, supervisor, faculty supervisors i.e. Academic Deans, coach or Athletic Director, club advisor, law enforcement or public safety officer, or student conduct administrator, then that official has the duty to immediately report the matter to the responsible parties listed above. The fact that the alleged victim does not wish to file a complaint does not relieve the official of this responsibility.
If discrimination, harassment, sexual violence or retaliation of any kind is observed by or reported to an employee not listed above, that employee should report the matter to the responsible parties listed above. The employee may initially be able to omit personally identifiable information. The Dean of Student Success and/or the Vice President for Human Resources will guide the employee with regard to how much detail is needed in the initial report. Following the initial report, College officials may need additional information in order to fulfill the College’s obligations under Title IX. In taking these actions, the College will always be guided by the goals of empowering the victim and allowing the victim to retain as much control of the process as possible. No employee or representative of the College can or should promise confidentiality. The mental health counselor of the College will maintain confidentiality excluding threat of harm to oneself or another.
|Pr-5188.8.131.52||The method for reporting discrimination, harassment, and sexual violence is also outlined in the St. Charles Community College Reporting Discrimination, Harassment, and Sexual Violence (Complaint Procedure). A copy of that document may be obtained from the following locations:
|Discrimination, Harassment, and Sexual Violence Investigations and Appeals Process|
|Pr-5184.108.40.206||Conduct alleged to constitute sexual or other forms of harassment or sexual violence will be evaluated according to the objective standard of a reasonable person. These matters are taken very seriously and are handled in a prompt, equitable manner. Investigations are completed as soon as practicable and typically take no longer than 60 days|
For Student Due Process, involved parties will be informed, to the extent possible, as to the outcome of any investigation arising out of this policy. For more information, individuals should refer to Policy 410, Student Conduct, Discipline and Due Process.
If the student complainant does not wish to proceed:
In the event that an individual disagrees with the outcome of an investigation, the decision may be appealed to the Vice President for Academic and Student Affairs (VPASA), 636-922-8356. In cases of sexual assault or harassment, both the accused and the accuser have the right to appeal the outcome of the investigation/disciplinary action.
Content Owner: Donna Davis—firstname.lastname@example.org
Page Updated by: Julie Parcel
Date Revised: 09/18/08, 10/07/09, 1/15/13, 04/29/14, 10/6/14