Title IX Statement/Sexual Violence

Title IX Statement/Sexual Violence

SEXUAL MISCONDUCT – WHAT YOU NEED TO KNOW
REPORT AN INCIDENT

Title IX Discrimination, Harassment and Sexual Misconduct

Members of the SMC community including students, staff, faculty and guests have the right to be free from sexual harassment or sexual misconduct. Sexual misconduct prohibited by this policy includes but is not limited to sexual
harassment and discrimination, sexual assault, stalking, domestic and dating violence.

Nondiscrimination Statement: In compliance with Title IX of the Education Amendments of 1972 and other federal statutes, SMC does not tolerate harassment or discrimination in any form by any administrator, faculty member, staff member, student, vendor or guest on the campus. This includes but is not limited to: unwelcome sexual advances; unwelcome sexual flirtations or innuendos; the display or possession of sexually suggestive pictures, printed material, or objects; graphic comments about a person’s physical appearance; sexual gestures or any other verbal or physical conduct of a sexual nature which has the purpose or effect of unreasonably interfering with a person’s education or work or creating an offensive academic or work environment. It also includes discrimination and harassment based on a person’s race, color, creed, religion, sex, age, national origin, disability, veteran status, sexual orientation or any other protected class; the display of objects, pictures, or printed material degrading members of a particular racial, ethnic, religious, or age group; racial, ethnic, age, disability, sexual orientation, or religious nature which unreasonably interferes with a person’s education or work or creates an offensive educational or work environment. All members of the College community, including students, faculty, staff, and visitors to the College and independent contractors are subject to this policy. This policy protects individuals in connection with all the academic, educational extracurricular, athletic, and other programs of the College, whether those programs take place in a College facility, at an off-campus class or program sponsored by the College, or on College provided transportation. Additionally, the Policy protects individuals that experience prohibited conduct off-campus when the conduct has continuing effects on the individual in the College setting. This policy also protects employees in the College workplace and independent contractors and third-party visitors to the campus. It applies to all areas of employment, including recruitment, hiring, training and development, promotion, transfer, termination, layoff, compensation and all other conditions and privileges of employment.

Definitions of Discrimination and Non-Gender/Non-Sexual Harassment

1. Discrimination
Discrimination is unequal treatment of persons for a reason which has nothing to do with legal rights or abilities. Federal and state laws prohibit discrimination based on race, color, creed, religion, sex, age, national origin, disability, sexual orientation or any other legally protected status.

2. Non-Gender/Non-Sexual Harassment
Non-Gender/Non-Sexual harassment includes derogatory comments about a person’s race, ethnic heritage, religious beliefs, age, sexual orientation, gender and/or sex, veteran status, gender orientation, or disability; the display of objects, pictures, or printed material degrading members of a particular racial, ethnic, religious, or age group; racial, ethnic, age, disability, or religious nature which unreasonably interferes with a person’s education or work or creates an offensive educational or work environment.

Procedure for Reporting Allegations of Discrimination and Non-Gender/Non-sexual Harassment:
1. Employees or students who believe that they have been discriminated against based on a protected characteristic or harassed based upon a protected characteristic (excluding gender and/or sex) should:

• Tell the offending person that the behavior is considered offensive;
• Ask the offending person to stop the offensive behavior

2. If the offensive behavior does not cease, or if for any reason the students or employees do not feel comfortable confronting the offender, of if they believe that further action is needed, they should contact anyone of the following:

• Their immediate supervisor; or
• Their Department Head; or
• Vice President for Academic Affairs, Dr. Ann Bowles, at 864-587-4221; or
• Vice President for Business Affairs, Mr. Eric McDonald, at 864-587-4200 (or any other Vice President); or
• Executive Director of Human Resources and Title IX, Ms. Jenny Dunn, at 864-587-4271; or
• Dean of Students, Ms. Teresa Ferguson at 864-587-4002

• An official grievance in cases of non-gender/non-sexual discrimination and harassment may be filed using the procedures in III-K of the SMC Policies & Procedures Manual.

3. Complaints concerning sexual harassment or discrimination should be referred to the Title IX Coordinator or one of the Deputy Coordinators. The procedures outlined in Section 2 Sexual Harassment and Sexual Misconduct (below) will be implemented.

4. Complaints of Discrimination and Harassment may also be reported to the regional Office of Civil Rights for the Department of Education:

Office of Civil Rights
Sam Nunn Atlanta Federal Center
Suite 10T70
61 Forsyth Street, SW
Atlanta, GA 30303-8909
Phone: 404-562-7453
TDD: 404-562-7884

5. Investigation of Allegations of Discrimination and Non-Gender/Non-Sexual Harassment: Persons who receive complaints concerning discrimination or non-gender/non-sexual harassment should advise the Director of Human Resources/Special Assistant to the President/Title IX Coordinator who will initiate appropriate procedures.

6. Informal Resolution of Allegations of Discrimination and Non-Gender/Non-Sexual Harassment: In some situations an informal resolution or resolution through mediation may be appropriate. Mediation is not an option for resolution in cases involving allegations of sexual assault. Mediation will be pursued only with the written consent of both parties. If the mediation results in a resolution, the case will be closed. If these efforts are not successful, a formal investigation may commence. A written response to both parties in the complaint must be issued within 60 days. Any agreement reached during the informal resolution process must be approved by Director of Human Resources and/or appropriate final decision maker.

Gender/Sexual Harassment and Sexual Misconduct:

Members of the Spartanburg Methodist College community including students, staff, faculty and guests have the right to be free from sexual harassment or sexual misconduct. All members of the College community, including students, faculty, staff, and independent contractors and third-party visitors to the College and independent contractors are subject to this policy. This policy protects individuals in connection with all the academic, educational extracurricular, athletic, and other programs of the College, whether those programs take place in a College facility, at an off-campus class or program sponsored by the College, or on College provided transportation. Additionally, the Policy protects individuals that experience prohibited conduct off-campus when the conduct has continuing effects on the individual in the College setting.

Definitions:

Sexual Harassment: Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  • Submission to such conduct is made either explicitly or implicitly as a term or condition of instruction, employment, academic advancement or participation in any College activity;
  • Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making an employment, academic or personnel decision affecting an individual; or
  • Such conduct has the purpose or effect of interfering with an individual’s work or educational performance, or of creating an intimidating, hostile, or offensive environment for work, learning, or participating in any College activity.
  • Sexual harassment may involve the behavior of a person of either sex toward a person of the same or opposite sex when that behavior falls within the operative definition of sexual harassment.The following are examples of conduct that may constitute sexual harassment in violation of this policy. This list is not exhaustive.

Verbal harassment: epithets, derogatory comments or slurs. E.g., name-calling, belittling, sexually explicit or degrading words to describe an individual, sexually explicit jokes, comments about an employee’s anatomy and/or dress, sexually oriented noises or remarks, questions about a person’s sexual practices, use of patronizing terms or remarks, verbal abuse, or graphic verbal commentaries about the body.

Physical harassment: assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual. E.g., touching, pinching, patting, grabbing, brushing against or poking another employee’s body, hazing or initiation that involves a sexual component, or requiring an employee to wear sexually suggestive clothing.

Visual forms of harassment: derogatory posters, cartoons or drawings. (e.g., displaying videos, sexual pictures, writings or objects, obscene letters or invitations, staring at an employee’s anatomy, leering, sexually oriented gestures, mooning, or unwanted love letters or notes.)

Sexual favors: unwanted sexual advances that condition an employment or academic benefit upon an exchange of sexual favors. (e.g., continued requests for dates, any threat of demotion, termination, threat of poor grade, etc.), if requested sexual favors are not given, making or threatening reprisals after a negative response to sexual advances, or propositioning an individual.

In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the totality of the circumstances, including the context in which the alleged incidents occurred.

Sexual Misconduct: Sexual Misconduct is defined as any unwelcome conduct or act of a sexual nature perpetrated against an individual without effective consent or when an individual is unable to freely give consent. Sexual misconduct is unacceptable and will not be tolerated by the College. Sexual misconduct prohibited by this policy includes but is not limited to sexual harassment and discrimination, sexual assault, non-consensual sexual contact, sexual exploitation, gender-based bullying, stalking, dating violence, and domestic violence.

Sexual Assault: Sexual Assault is any form of sexual contact directed against another person that occurs without the explicit consent of the recipient, including sexual acts committed against a person who is incapable of giving consent (e.g. due to the individual being under the influence of drugs or alcohol, or because an intellectual or other disability prevents the individual from having the capacity to give clear, unambiguous consent). Sexual assault may occur through the use of verbal emotional or physical force, intimidation or coercion. Sexual assault may, include but is not limited to, rape, sodomy, forcible oral copulations, sexual assault with an object, sexual battery, forcible fondling, and threat of sexual assault. It also includes any intentional sexual touching, however slight, with an object or body part, by a man or woman upon a man or a woman without explicit consent of that individual.

Non-Consensual Sexual Contact: Sexual contact means the deliberate touching of a person’s intimate parts or using force or coercion to cause a person to touch his or her own or another person’s intimate parts.

Sexual Exploitation: Sexual exploitation means taking sexual advantage of another person without consent, and includes, without limitation, causing or attempting to cause the incapacitation of another person; electronically recording, photographing, or transmitting intimate sounds or images of another person and/or allowing their parties to observe sexual acts. Sexual exploitation includes knowingly transmitting an STI/STD or HIV to another person or intentional or non-consensual tampering with any form of birth control, prostituting another person and indecent exposure and/or illicit sexual activity.

Domestic Violence: Domestic violence is defined under state criminal law as physical harm, bodily injury, assault or threat of physical harm by:

  • A current or former spouse of the victim.
  • A person with whom the victim shares a child in common.
  • A person who was cohabiting with or has cohabited with the victim as a spouse or intimate partner.
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of South Carolina.
  • Any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws of the State of South Carolina.

Dating Violence: Dating violence occurs when one person intentionally hurts or scares someone with whom they have or have had a romantic or intimate relationship. The existence of such a relationship is determined based on a consideration of the length of the relations, the type of relations and the frequency of interaction between the persons involved in the relationship. Dating violence may include:

  • Physical abuse:           hitting, shoving, kicking, biting or throwing objects
  • Emotional abuse:       yelling, name-calling, bullying, embarrassing, presenting interaction with friends, telling someone that they deserve abuse, or providing gifts to “make up” for the abuse.
  • Sexual abuse and violence: forcing someone to engage in a sexual activity or engaging in sexual activity when one of the persons is unable to consent due to the use of alcohol or drugs.

Stalking: Stalking is defined as a course of conduct directed at a specific person that involves repeated (two or more occasions) visual or physical proximity, non-consensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear. Stalking behaviors may include persistent patterns of learning or sending the victim unwanted items or presents that may range from seemingly romantic to bizarre, following or lying in wait for the victim, damaging or threatening to damage the victim’s property, defaming the victim’s character, or harassing the victim via the Internet by posting personal information or spreading rumors about the victim. South Carolina criminal law defines stalking as a “pattern of intentional, substantial and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in their position to suffer mental distress.

Responsible Parties: Responsible parties are employees of the College 1) who have the authority to redress sexual violence, 2) have the duty of reporting sexual violence to the Title IX Coordinator or other school designee, 3) or who a student could reasonably believe has this authority or duty. The following categories of employees are considered responsible employees:

  • All College Administrators
  • College faculty, staff and employees
  • Resident Assistants, Resident Directors
  • Coaches
  • Campus Safety Officers

A responsible employee must report all relevant details about the alleged sexual misconduct shared by a complainant to the Title IX Coordinator or a Deputy Title IX Coordinator. The responsible employee should not share the information with any other person or with law enforcement without the Complainant’s consent or unless the Complaint has also reported the incident to law enforcement. Before a Complainant is allowed to reveal any information to a responsible employee, the employee should be sure the Complainant understands the employee’s reporting obligations and direct the Complainant to confidential resources and explain that the College will attempt to maintain the Complainant’s privacy.

Confidentiality: The privacy of all parties will be respected and safeguarded. Information related to a report of misconduct will be shared with only those College employees who have a “need to know” in order to assist in an investigation and/or resolution of a complaint. Confidentiality cannot be guaranteed but will be maintained to the greatest extent possible. In instances where the College would be unable to take disciplinary action in response to an alleged violation of this policy because a complainant insists on confidentiality, the College must weigh a request for confidentiality against the College’s obligation to provide a reasonable safe, non-discriminatory environment for all parties. In all cases, the College will pursue other steps to limit the effects of the conduct that violates this policy and prevent its recurrence. However, a request for confidentiality will impede the College’s ability to investigate the incident and pursue disciplinary action against the alleged perpetrator.

Confidential Resources: Resources available through the College who will keep any reports of sexual misconduct private. These trained professionals can provide counseling, information, and support under legally protected confidentiality. Because these relationships involve privileged conversations, these confidential resources will not share information with the Title IX Coordinator or any other employee of the College without the individual’s express consent. These discussions will not result in any action by the College to resolve concerns unless there is imminent risk of serious harm to self or others. These resources are identified in Resources for Victims of Sexual Misconduct in this document.

Retaliation: The College will tolerate no retaliation against students or employees for reporting an incident of alleged sexual misconduct or sexual or any other type of harassment or in assisting in the investigation of any complaint. Retaliation exists when action is taken against a participant in the complaint process that adversely affects the individual’s employment or academic status and is motivated in whole or in part by the individual’s participation, or lack thereof, in the complaint process. Any acts of retaliation shall be grounds for disciplinary action, up to and including expulsion/dismissal for students and termination/dismissal for faculty and staff.

Amnesty: Spartanburg Methodist College encourages the reporting of sexual misconduct so all those affected can receive the support and resources needed. To encourage reporting, violations by a complainant or witness the College affords limited immunity from sanctions for other policy violations related to the incident if violations do not jeopardize the health or safety of others. The College may choose to pursue educational or therapeutic remedies.

Consent: Consent is affirmative, conscious, and voluntary agreement to engage in sexual activity. Past consent does not imply future consent. Silence or absence of resistance does not imply consent. Consent must be clearly demonstrated through mutually understandable words and/or actions. Consent can be withdrawn at any time. Consent to one form of sexual activity cannot be assumed to be consent to any other form of sexual activity. Relying on non-verbal communications can lead to misunderstandings. Whether consent has been given will be determined contemporaneously with the activities in question. According to the South Carolina code of law, consent cannot be given by someone who is:

  • Very young or very old
  • Mentally or physically incapacitated
  • Under the influence of alcohol or drugs
  • Asleep
  • Unconscious

Alcohol/Drugs: One who is physically incapacitated as result of alcohol or other drug consumption (voluntary or involuntary), or who is unconscious unaware, or otherwise physically helpless, is incapable of giving consent. One may not engage in sexual activity with another who one knows, or could reasonably have known, is incapacitated as a result of alcohol or other drugs. The use of alcohol or other drugs can have unintended consequences. Alcohol or other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and effectively given. The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of the use of alcohol or drugs on another’s ability to give consent. Being intoxicated or high (intentionally or unintentionally) does not diminish one’s responsibility to obtain consent and is never an excuse for sexual misconduct.

Resources for Victims of Sexual Misconduct: In the event of a report under this policy, the College will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community. Further, the College will provide written notification to victims about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures. The College will make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. See, Interim Measures in this document.

A person who is victim of sexual assault is encouraged to seek medical assistance to aid in the collection of evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or civil action.

Whether or not the individual makes an official report, he or she is urged to seek appropriate help, which may include medical evaluation, obtaining information, support, and counseling, either on or off campus.

No victim of sexual misconduct will be required to file an official complaint or request remedy through campus policies and procedures. However, in certain instances the College may need to proceed without the consent of the complainant when the level of violence, use of a weapon, on-going threat to the community, the involvement of a minor child and/or other serious situation is presented by the facts.

On Campus Resources

Campus Safety
24 Hours per day
854-587-4003

Campus Conduct Hotline
800-943-5787

SMC Counseling Center
864-587-4229 or 864-699-4649
Burgess Student Center
8:00 a.m. to 5:00 p.m. Monday to Thursday
8:00 a.m. to 12:30 p.m. Friday

SMC Health Services
Mon-Thurs 7:30 a.m. – 4:30 p.m.
Fri 7:30 a.m. — 3:00 p.m.
No weekend hours
864-587-4277

Off-Campus Resources
Medical Emergency
911

Spartanburg Regional Healthcare System
864-560-6000

Spartanburg Regional Healthcare System has rape kits available, and staff trained in  intake for victims of sexual assault.

SAFE Home Rape Crisis Coalition
24-hour hotline
800-273-5066

Victim/Witness Assistance Program
Spartanburg County Courthouse
180 Magnolia Street, 3rd Floor Spartanburg, SC 29306
864-596-2575

Spartanburg County Solicitor’s Office
864-596-257

Confidential Resources: Because these relationships involve privileged conversations, these confidential resources will not share information with the Title IX Coordinator or any other employee of the College without the individual’s express consent. These discussions will not result in any action by the College to resolve concerns unless there is imminent risk of serious harm to self or others. 

College Chaplain
864-587-4282
Chapel

SMC Counseling Center
864-587-4229 or 864-699-4649
Burgess Student Center

SMC Health Services
864-587-4277
Kingman Hall

Anonymous Reporting: Campus Conduct Hotline is a confidential toll-free Campus Conduct hotline at 866-943-5787 and is available for the use of faculty, staff and students to report sexual misconduct as well as other violations of college policies and criminal behavior.

Procedures for reporting, instituting interim measure, and conducting an investigation of sexual misconduct:

Reporting: The College urges an individual who has experienced an act of sexual misconduct to make an official report. Reports can be made to the following individuals:

Title IX Coordinator:

Jenny Dunn, Executive Director of Human Resources and Title IX, 864-587-4271, email: dunnj@smcsc.edu.

Title IX Coordinator is responsible for coordinating College Title IX compliance efforts, including oversight of the implementation and monitoring of Sexual Harassment and Sexual Misconduct policies, education, training and communications, and investigative procedures.

Deputy Coordinators: 

Trina Gilliam, Director of Residence Life and Student Conduct, 864-699-4632, email: gilliamt@smcsc.edu.

Assists the Title IX Coordinator with various Title IX implementation activities that involve faculty, staff and students. She receives reports of sexual harassment, and sexual misconduct. She is a designated Title IX Investigator responsible for investigating complaints of sex discrimination and sexual misconduct. She provides training for other Title IX Investigators.

Dan Kenneally, Women’s Soccer Coach, Student Athletic Retention Officer and Athletic Recruiter, 864-587-4271 or 864-266-0746, email: kennead@smcsc.edu

He receives reports of sexual discrimination and sexual misconduct and provides information to student athletes and coaches about Title IX, raising awareness about sexual misconduct and its prevention.

Individuals may also report to a member of the Student Development staff or other responsible person.  A sexual assault may be reported directly to local law enforcement officers. Campus Police and campus staff are available to assist an individual who experienced a sexual assault with reporting this matter to the local law enforcement authorities.

A report of sexual misconduct will be dealt with promptly. Confidentiality will be maintained to the greatest extent possible. All reported incidents of sexual assault will be investigated and the appropriate judicial procedures will be initiated if the evidence supports the allegation.

To help ensure a prompt and thorough resolution, complainants are encouraged to provide as much information as possible, including the following:

  • The name, department, and position of the person or persons allegedly causing the
  • discrimination, harassment or retaliation.
  • A description of any relevant incidents (s), including the date(s), location(s), and any witnesses.
  • The alleged effect of the incident(s) on the complainant’s academic standing, educational benefits or opportunities, position of employment, salary, employee benefits, promotional opportunities, or other terms of employment.
  • The names of other students or employees who might have been subject to the same or similar discrimination, harassment or retaliation.
  • Any other information the complainant believes to be relevant to the alleged discrimination, harassment, or retaliation.

Interim Measures: In order to protect a complaining party from continued harassment, prevent its recurrence, and address its effects, interim measures be requested by the parties to a complaint or imposed by the College. Interim measures can, but are not limited to, placing an employee on paid or unpaid administrative leave, student suspension, removing a student from campus housing and/or current classes, modifying course schedules, issuing a no-contact order, which typically will include a directive that the parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means, pending the investigation.

These interim measures may remain in place even after a finding of “no violation.”

Requests for accommodation should be submitted to the Title IX Coordinator or either Deputy Coordinator.

Investigation: The investigation of a complaint under this policy will be adequate, reliable, and impartial. At least one investigator will be selected by the Title IX Coordinator to investigate a suspected or alleged violation of this policy. The team will conduct an informal review to determine if a violation rises to the level of a violation of this policy. If the investigators conclude that it is likely that a violation occurred, a formal investigation will commence. In all cases, the investigation will be conducted by trained members of the College faculty and staff. A preponderance of the evidence standard will be used to determine if this policy has been violated. Parties to the investigation will be permitted to have a representative present when he/she is interviewed, at meetings, or at a hearing. Mediation will not be used in matters involving sexual violence.

An investigation may be briefly delayed pending the completion of evidence gathering by the local law enforcement authorities.

If it is determined that a policy may have been violated, the Respondent will be notified that a report has been filed within 7 days of (what process)and he/she will have an opportunity to submit a written statement within (5) business days, whenever possible. The Complainant will be notified simultaneously that a formal investigation will be initiated. Complaints that do not rise to the level of a violation of this policy will be referred to the appropriate campus officials for disposition.

The investigation will be completed within sixty (60) days of the filing of a complaint or the date on which the College became aware of a suspected violation of this policy, unless unforeseen circumstances occur and cause a delay. The parties to the action will be notified of any delay. Audio or video recording of any proceedings are prohibited by any party other than the College throughout this process . As part of the investigation, the Investigators will seek separate interviews with the complainant, the Respondent, and any witnesses to the greatest extent possible.

The Investigator(s) will communicate with both the Complainant and the Respondent and may contact other witnesses. Both the Complainant and the Respondent will have the opportunity to present evidence and identify potential witnesses. The investigation team will conclude the investigation and submit a report of the investigation and a determination of “Violation” or “No Violation” as well as a recommended corrective actions and recommended remedies appropriate for the determination, if warranted. The report is submitted to the Title IX Coordinator and to the final decision-maker: the Dean of Students (for complaints against students), the supervising Vice President (for complaints against staff) and the Vice President for Academic Affairs (for complaints against faculty). Unless one of these officials or the Title DC Coordinator deems it necessary to question the report and determination the Investigation Team’s report will stand as the Resolution. In making recommendations on sanctions, the Investigators may consider: severity of the Respondent’s conduct; the Respondent’s conduct history; whether the conduct involved a single incident or repeated acts; and/or any mitigating or aggravating circumstances with respect to either party.

Appropriate, corrective/action/remedies by the College will seek to eliminate the policy violation, prevent the recurrence of the violation, and address the effects of the violation.

Within seven (7) days of the conclusion of the investigation report, both the complainant and the Respondent will be informed in writing of the outcome of the investigation. The letter will state the ruling of “Violation” or “no violation” of the policy and any corrective actions/remedies that will be put into place. Both parties will be reminded of the right to appeal. This written notice will be issued concurrently to the complainant and the Respondent.

Sanctions and Corrective Actions: Sanctions and corrective actions will be based on the severity of the offense and will follow the disciplinary procedures that are incorporated in College policies and procedures for each constituency. 

Students:

Level II Offense First Second Third
Disorderly Conduct: Intimidating, belligerent, threatening behavior 10 points$50 fine 10 hours community service. 10 points$75 fine15 hours community service.Corrective assignment. Suspension
Harassment: 7 points$35 fine 15 hours community service. 10 points$50 fine20 hours community service.ProbationCorrective assignment. Suspension

 

Level III Offense First Second Third
Fighting or physical contact; threatening physical contact 25 points$100 Fine 20 hours community service.Restitution.Corrective assignment.Counseling.Probation or Suspension Suspension
Threatening another person 20 Points$100 fine 20 hours community service Probation or Suspension Suspension

 

Level IV First Offense    
Criminal Sexual Conduct: Rape Dismissal from the College.Possible criminal charges.    

Faculty and Staff: College employees who are found responsible for violating the sexual misconduct policy may face disciplinary action deemed appropriate by the College based on the severity of the offense.

Oral warning
First written warning
Subsequent written warnings
Required counseling
Suspension or termination
Removal from campus and no trespass orders

Visitors and other third parties: will be subject to corrective action deemed appropriate by the College based on the severity of the offense and may include oral warning, written warning, removal from the campus, issuance of no trespass orders and termination of any applicable contractual or other arrangements.

Sanctions and disciplinary actions will be imposed immediately unless the final decision maker stays the implementation in extraordinary circumstances, pending the outcome of an appeal.

Appeals: Appeals must be requested in writing within (7) days of receipt of a written outcome of an investigation.

  • Either party may appeal the decision of the investigation to the Title IX Coordinator.
  • Appeals may be based on:
  • Relevant new information sufficient to alter a decision or other relevant facts not known at the time of the original investigation.
  • Bias in the decision making process—evidence that an investigator has relevant history of interaction or involvement with either the Complainant or the Respondent student sufficient to establish bias or conflict of interest.
  • Allegations of procedural errors.
  • Contention that the sanction does not agree with the level of the violation.
  • Disagreement with the findings of the hearing is not sufficient grounds for appeal.
  • The Title IX Coordinator will appoint three trained staff and faculty members to serve as members of the Appellate Panel.
  • The Appellate Panel will review written documentation of the investigation and pertinent documentation regarding the grounds for appeal.
  • If the Appellate Panel affirms the basis of the appeal, the case will be referred back to the Title IX investigators for reconsideration.
  • The Appellate Panel will render a written decision on the appeal within seven (7) business days from hearing the appeal. The decision on the appeal will be communicated simultaneously to all parties by the Title IX Coordinator.
  • The ruling of the Appellate Panel is final. Neither the complainant nor the Respondent will be entitled to further appeal.

Rights of Complainants and Respondent Parties: Complainants and Respondent parties shall be provided with the following in connection with any investigation, other proceeding used to reach a decision regarding whether any violation of this policy has occurred, or any appeal of a determination of violation or sanction.

  • To be informed of and have access to campus resources for medical, counseling, and advisory services.
  • To be informed in writing of any charge or charges against the Respondent  and of the time/date/location of a hearing at least 72 hours before the hearing. The formal statement of charges must state the nature, time, and place of the alleged sexual misconduct.
  • The opportunity/right to speak on one’s own behalf.
  • To be accompanied by an advisor or support person who may take notes and advise the complainant but otherwise not participate.
  • To present witnesses who can speak about the alleged conduct at issue
  • To present other evidence on one’s own behalf
  • To be informed of the outcome of the investigation.
  • And to appeal the outcome of the investigation.

Inappropriate behaviors should be reported immediately to appropriate College officials. These officials include the Vice Presidents of the College, the Dean of Students, the Chief of Campus Police, the Director of Student Conduct and Ethics, and the Director of Human Resources, Title IX Coordinator or Deputy Coordinator.