Definitions

Need Assistance?

If in immediate danger, call 911 or DPS/Campus Police. Campus phone: Ext. 8545 Cell phone: 636-922-8545

For immediate 24/7 assistance related to a sexual assault, call the Bridgeway 24-hour crisis lines:

If you are in St. Charles County, call 1-877-946-6854 or 636-946-6854.

If you are in Lincoln County, call 1-877-462-1758.

If you are outside St. Charles County, call the RAINN at 1-800-656-HOPE (4673) or visit rainn.org.

Definitions

Advisor

The reporting party and the responding party have the opportunity to have an advisor of the individual's choosing present during any investigative and/or disciplinary meetings. The role of the advisor is solely to support the individual. The advisor is not permitted to ask or answer questions, serve as a witness, or make a statement on behalf of the complainant or accused. The college is not responsible for providing the reporting party or the responding party with an advisor.

Alcohol Amnesty

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 bystander reporting in good faith or a victim reporting sexual violence to college officials or law enforcement 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.

Appeals Process

In cases of sexual harassment or sexual violence, both the reporting party and the responding party have the right to appeal the outcome of the investigation/disciplinary procedures.

Bystander Intervention

Bystanders play a critical role in the prevention of sexual and relationship violence. They are "individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up or do something about it."

Consent

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 decision. Assent does not constitute consent if:

  • It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or
  • It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
  • It is induced by force, duress or deception.
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. The existence of such a relationship shall be based on the reporting party'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.

Discrimination

The college is committed to non-discrimination and equal opportunity regarding the treatment of students, faculty and staff. In compliance with Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other federal and state laws and regulations, the college adheres to a strict non-discrimination policy in student admission, educational programs, activities, and employment regardless of race, color, sex, sexual orientation, religion, creed, national origin, ancestry, age, veteran status, disability, or genetic information. The college is an Equal Opportunity Employer.

Title IX of the Education Amendments of 1972 requires that the college does not discriminate on the basis of sex in the education programs or activities it operates.

Domestic Violence

A felony or misdemeanor crime of violence committed:

  1. By a current or former spouse or intimate partner of the victim;
  2. By a person with whom the victim shares a child in common;
  3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  4. 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.

Interim Interventions and Protective Measures

Following a report of sexual violence or sexual harassment, the Title IX coordinator, deputy Title IX coordinators or designee will determine whether interim interventions and protective measures should be implemented and are reasonably available, and, if so, take steps to implement those interim interventions and protective measures as soon as possible. Examples of interim interventions and protective measures include, but are not limited to: a college order of no contact, adjustment of course schedules, a leave of absence, reassignment to a different supervisor or position, or interim/administrative suspension. These remedies may be applied to one, both or multiple parties involved. Violations of directives and/or protective measures provided by the Title IX coordinator, deputy Title IX coordinators or their designee will constitute related violations that may lead to additional disciplinary action(s)/sanction(s). Interim interventions and protective measures imposed may be temporary pending the results of the investigation/disciplinary procedures or may become permanent as determined by the college.

Investigation/Disciplinary Procedures

The college takes all reports of discrimination, harassment, sexual harassment and sexual violence very seriously and responds to such reports in a prompt, equitable and impartial manner. Investigations into allegations of discrimination, harassment, sexual harassment or sexual violence will be completed as soon as practicable and typically take no longer than 60 days; however, extensions for good cause may be granted, with written notice to the parties of the delay and the reason for the delay. In determining whether allegations of discrimination, harassment, sexual harassment or sexual violence constitute a violation of this policy, the college will consider the conduct alleged from the subjective and objective perspective of a reasonable person in the reporting party's position, considering all circumstances.

Following a report of discrimination, harassment, sexual harassment or sexual violence, the Title IX coordinator will designate an individual(s) to conduct an investigation. As part of the investigation, as appropriate, the investigator(s) will meet with the reporting party, meet with the responding party, conduct additional interviews with fact witnesses, and gather relevant documentation. All investigations will be thorough, reliable and impartial. Upon completion of the investigation, the investigator provides a written report to the Title IX coordinator who then releases the report to the deputy Title IX coordinator. It is the deputy Title IX coordinator (or designee) who will determine, in consultation with the Title IX coordinator, whether there has been a policy violation and what disciplinary action(s)/sanction(s) (if any) will be imposed. Any disciplinary action(s)/sanction(s) and appeals process will be governed by the following policies:

  • Students – Policy 410
  • Full-time faculty – MOU Section VIII Grievance Procedures beginning at Step 3 for disciplinary action(s) up to and including Written Warning and MOU Section XVIII Misconduct and Other Violations for dismissal
  • Staff – Policy 793, Disciplinary Actions and by Policy 790.2, Problem Solving

In cases of sexual harassment or sexual violence, both the reporting party and the responding party have the right to appeal the outcome of the investigation/disciplinary procedures.

The responding party and other necessary parties will be notified in writing of the deputy Title IX coordinator's finding of responsible/not responsible and any disciplinary action(s)/sanction(s) imposed, if any.

In addition to the procedures detailed above, the following rights, procedures, and guidelines apply in cases involving allegations of sexual harassment and sexual violence.

Following a report of sexual violence, the Title IX coordinator, deputy Title IX coordinators or designee will:

  • Provide the reporting party with referrals for medical care if appropriate;
  • Assess the immediate safety needs of the reporting party;
  • Provide the reporting party with contact information for DPS and/or the local police department and assist the reporting party with contacting DPS and/or the local police department if the reporting party requests;
  • Inform the reporting party of the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other services on and/or off campus, including crisis hotline phone numbers;
  • Assess the need to implement interim interventions and long-term protective measures, such as academic, transportation and working accommodations, and provide those accommodations if they are reasonably available and requested by the reporting party;
  • Provide a "no trespass" directive to the accused if deemed appropriate;
  • Provide the reporting party with written instructions on how to apply for a protective order; and
  • Provide the reporting party with a copy of this policy and inform the reporting party regarding timeframes for inquiry, investigation and resolution.

Following a report of sexual violence or sexual harassment, the Title IX coordinator, deputy Title IX coordinators or designee will determine whether interim interventions and protective measures should be implemented and are reasonably available, and, if so, take steps to implement those interim interventions and protective measures as soon as possible. Examples of interim interventions and protective measures include, but are not limited to: a college order of no contact, adjustment of course schedules, a leave of absence, reassignment to a different supervisor or position, or interim/administrative suspension. These remedies may be applied to one, both, or multiple parties involved. Violations of directives and/or protective measures provided by the Title IX coordinator, deputy Title IX coordinators or their designee will constitute related violations that may lead to additional disciplinary action(s)/sanctions(s). Interim interventions and protective measures imposed may be temporary pending the results of the investigation/disciplinary procedures or may become permanent as determined by the college.

Following a report of sexual violence or other alleged criminal behavior, the college will assist the reporting party in contacting DPS and/or the local police department to report the alleged criminal behavior if requested by the reporting party and will work collaboratively with DPS and/or the local police department unless otherwise prohibited by law. However, the college will not delay its investigation/disciplinary procedures pending the final results of a criminal investigation or proceeding.

Prior to proceeding with an investigation of a report of sexual harassment or sexual violence, the college will inform the reporting party that the investigation/disciplinary procedures are being pursued in accordance with this policy. If a reporting party does not wish to proceed with the investigation/disciplinary procedures or does not consent to the disclosure of his or her name or other identifiable information to the accused, the college's ability to respond to the complaint may be limited. The college will take all reasonable steps to investigate and respond to the complaint consistent with the complainant's request for confidentiality, but the college may not be able to comply with this request. The college will inform the reporting party if it cannot ensure confidentiality. Even if the reporting party does not wish to proceed with the investigation/disciplinary procedures, Title IX may nevertheless require that the college "take reasonable action" in response to the complaint. The Title IX coordinator must weigh the reporting party's wish not to proceed/request for confidentiality with:

  • The seriousness of the alleged conduct;
  • Whether there have been other complaints of the nature against the same student and/or employee; and
  • The responding party's right to receive information regarding the allegations under FERPA

The Title IX coordinator, dean of student success, the vice pesident for hHuman resources, the vice president for academic and student affairs, the college president, and other individuals involved in investigation/disciplinary procedures related to reports of sexual violence receive training annually on the issues related to domestic violence, dating violence, sexual assault and stalking and are taught how to conduct the investigation/disciplinary procedures in a way that protects the safety of the reporting party and promotes accountability. These individuals also receive training on handling complaints of sexual harassment, these policies and procedures and the confidentiality requirements. The college's investigation/disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the reporting party or the responding party. If the reporting party or the responding party believes the official investigating the complaint or handling an appeal (if available) has a conflict of interest or bias for or against the reporting party or responding party, he/she shall notify the Title IX coordinator as soon as reasonably possible. The Title IX coordinator will determine whether a conflict of interest or bias exists and will appoint an alternative official if appropriate.

During investigation/disciplinary procedures related to complaints of sexual violence or sexual harassment, both the reporting party and the responding party will have the following procedural rights:

  • The opportunity to have an advisor of the individual's choosing present during any investigative and/or disciplinary meetings. The role of the advisor is solely to support the individual. The advisor is not permitted to ask or answer questions, serve as a witness or make a statement on behalf of the complainant or accused. The college is not responsible for providing the reporting party or the responding party with an advisor;
  • The right of the reporting party or the responding party to receive timely notice of meetings in which they are a participant;
  • Subject to applicable law, the right to receive timely and equal access to any information relied on as part of the investigation/disciplinary procedures; and
  • Equal opportunity to provide information through the investigation/disciplinary procedures.

The reporting party and responding party will not be permitted to directly question each other.

Determinations of whether the responding party is deemed responsible for the alleged behavior will be based on the preponderance of 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 violation of this policy occurred and that the responding party is responsible for the violation. If a violation of this policy is found, the college will act to end the sexual violence or sexual harassment, prevent its recurrence and remedy its effects on the individual and the campus community.

If the investigation/disciplinary procedures result from a report of sexual harassment, both the reporting party and the responding party will be notified in writing of the deputy Title IX coordinator's finding of responsible/not responsible and the disciplinary action(s)/sanction(s) imposed (when appropriate). The reporting party will only be notified of those that directly relate to the reporting party, like an order that the responding party stay away from the reporting party and the right to appeal.

If the investigation/disciplinary procedures result from a report of sexual violence, both the reporting party and the responding party will be simultaneously notified in writing of the deputy Title IX coordinator's finding of responsible/not responsible and the disciplinary action(s)/sanction(s) imposed (when appropriate), the right to appeal, any changes to the result of investigation/disciplinary procedures, and when such results become final.

Ongoing Prevention & Awareness Campaigns

Programming, initiatives and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault and stalking, using a range of strategies with audiences throughout the institution.

Professional Counselor

A person whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of the counselor's license or certification.

Report Procedure

Students may report discrimination, harassment, sexual harassment and sexual violence to the Title IX coordinator, Sylvia Edgar, 636-922-8654, sedgar@stchas.edu, Room ADM 1242, or the deputy Title IX coordinator/dean of student success, 636-922-8238, Room ADM 1123.

Employees may report discrimination, harassment, sexual harassment and sexual violence to the Title IX coordinator, Sylvia Edgar, 636-922-8654, sedgar@stchas.edu, Room ADM 1242, or the deputy Title IX coordinator/vice president for human resources, Donna Davis 636-922-8300, ddavis@stchas.edu, Room ADM 1242.

Reports of discrimination or harassment may also be made to any administrative officer of the College listed below:

Administrative Officers Phone Numbers
President 636-922-8380
Vice President for Academic and Student Affairs 636-922-8356
Vice President for Administrative Services 636-922-8359
Vice President for Enrollment and Marketing Services 636-922-8277
Vice President for College Advancement and Planning 636-922-8472

The Title IX coordinator and deputy Title IX coordinators will accept anonymous reports of discrimination, harassment, sexual harassment and sexual violence and will take all reasonable steps to investigate and respond to such reports. However, the college's ability to respond to anonymous reports may be limited.

Individuals may also report sexual violence to the Department of Public Safety (DPS) at 636-922-8545, CS 103. A report to DPS will be considered a report to law enforcement. Though DPS can assist victims of sexual violence in accessing services and/or contacting the Title IX coordinator or deputy Title IX coordinators, DPS may also proceed with pursuing a criminal investigation and/or criminal charges with or without the victim's consent.

The college will respond in a prompt and equitable manner to allegations of discrimination, harassment, sexual harassment and sexual violence and will respond appropriately to those who violate this policy, up to and including dismissal from employment or expulsion from the college, as applicable.

Though the college encourages all individuals to bring reports of discrimination, harassment, sexual harassment and sexual violence to the attention of the Title IX coordinator and/or deputy Title IX coordinators, credit-seeking students who wish to maintain confidentiality may contact the mental health counselor, which is provided by the college free of charge for credit-seeking students, at 636-922-8571. Unlike reports of discrimination, harassment, sexual harassment or sexual violence made to other college officials (which must be reported to the Title IX coordinator or deputy Title IX coordinators), 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 or deputy Title IX coordinators for further investigation pursuant to this policy. The mental health counselor can, however, assist the credit-seeking student in contacting the Title IX coordinator or the deputy Title IX coordinators to report discrimination, harassment, sexual harassment or sexual violence, at the student's request.

Employees may contact the Employee Assistance Program at 800-356-0856 for confidential assistance.

Any individual who wishes to maintain confidentiality may speak with off-campus rape or domestic violence crisis counselors and off-campus members of the clergy and chaplains.

Retaliation Prohibited

The college strictly prohibits retaliation of any kind against an individual for reporting discrimination, harassment or sexual violence pursuant to this policy; assisting someone with a complaint of discrimination, harassment or sexual violence; or participating in an investigation/disciplinary procedures following a complaint of discrimination, harassment, sexual harassment or sexual violence. 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 to the Title IX coordinator or the deputy Title IX coordinators. The college will take appropriate corrective action, including disciplinary action, up to and including dismissal or expulsion, if retaliation which is prohibited by this policy occurs.

Risk Reduction

Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

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 and Incest National Network, 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 who 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.
    • Lie. 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 are: 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.
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; or
  • 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; and
  • Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Sexual Exploitation

Sexual exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual violence offenses. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy; prostituting another person; non-consensual digital, video or audio recording of nudity or sexual activity; unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity; engaging in voyeurism; going beyond the boundaries of consent (such as allowing someone to hide in a closet to watch you having consensual sex); knowingly exposing someone to or transmitting an STI, STD or HIV to another person; intentionally or recklessly exposing one's genitals in non-consensual circumstances; inducing another to expose their genitals; sexually based stalking and/or bullying.

Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors or other unwelcome written, electronic, verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made, explicitly or implicitly, a term or condition of an individual's education, employment or participation in college activity;
  • submission to, or rejection of, such conduct by an individual is used as the basis for decisions affecting that individual's academic standing, employment status or participation in a college program or activity;
  • such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating an intimidating, hostile or offensive environment for that individual's employment, education or participation in a college program or activity. (This third situation is commonly known as hostile environment sexual harassment.)
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 –

  1. "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;
  2. "Substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and
  3. "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.

Board Policy Statement

The College is committed to non-discrimination and equal opportunity regarding the treatment of students, faculty and staff. In compliance with Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other federal and state laws and regulations, the College adheres to a strict non-discrimination policy in student admission, educational programs, activities and employment regardless of race, color, sex, sexual orientation, religion, creed, national origin, ancestry, age, veteran status, disability or genetic information. The College is an Equal Opportunity Employer. Title IX of the Education Amendments of 1972 requires that the College does not discriminate on the basis of sex in the education programs or activities it operates. The College maintains a complaint procedure for the purpose of investigating and providing prompt and equitable remedy. Policy P-412/P-512

Contact Information

Sylvia Edgar,
Chief Diversity Officer & Title IX Coordinator
636-922-8654
Email »
Boyd Copeland,
Executive Dean of Enrollment Management
636-922-8238
Email »
Donna Davis,
Vice President for Human Resources
636-922-8300
Email »
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4601 Mid Rivers Mall Drive
Cofttleville, MO 63376

info_desk@stchas.edu
636-922-8000

© 2016 St. Charles Community College.