Title IX and Sexual Misconduct Policy
Columbia College is committed to providing a learning and working environment that promotes personal integrity, civility and mutual respect in an environment free of discrimination on the basis of sex or gender.
In particular, Title IX of the Educational Amendments of 1972 prohibits Columbia College from discriminating on the basis of sex and gender in educational programs and activities, including employment and admissions. Specifically, Title IX states that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Concerns related to discrimination or harassment based on sex, gender identity, sexual orientation, pregnancy or parental status fall under the purview of requirements included in Title IX of the Educational Amendments of 1972 as well as The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ('Clery Act') and the Violence Against Women Act ('VAWA') amendments to the Clery Act and are therefore subject to the procedures outlined in the Columbia College Title IX and Sexual Misconduct Complaint Resolution Procedures.
Columbia College is committed to addressing the issues of discrimination, harassment and sexual misconduct in the educational and workplace landscape and will continue to modify policies, procedures and prevention efforts as needed.
For detailed information regarding Title IX, the type of behavior covered and Columbia College’s procedures for addressing discrimination or harassment, please see the College's Non-Discrimination and Equal Opportunity Policy and its Title IX and Sexual Misconduct Complaint Resolution Procedures.
For the most up-to-date information about the Columbia College Sexual Misconduct Policy or to file a complaint, please refer to Section VI of this document or contact the College's Title IX Coordinator at (573) 875-7898 or via email at email@example.com.
I. Policy Statement
Columbia College (the "College") is committed to providing a learning and working environment that promotes personal integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex or gender. The College considers sex discrimination in all its forms to be a serious offense. Sex discrimination constitutes a violation of this policy, is unacceptable, and will not be tolerated. Sex discrimination includes discrimination on the basis of sex, gender identity, sexual orientation, and pregnancy or parental status.
Sexual harassment, whether verbal, physical, visual, or digital, is a form of prohibited sex discrimination, and sexual violence is a particularly severe form of sexual harassment. These terms are defined further below.
This policy applies to all College employees, including staff, faculty, and administrators; students; applicants for employment; customers; third-party contractors; and all other persons that participate in the College's educational programs and activities, including third-party visitors on campus (the "College Community"). This policy prohibits sex discrimination, sexual harassment and sexual violence when the complainant and alleged perpetrator are members of the same or opposite sex or gender, and it applies regardless of national origin, immigration status or citizenship status.
The College's prohibition on sex discrimination, sexual harassment and sexual violence extends to all aspects of its educational programs and activities, including, but not limited to, admissions, employment, academics, athletics, housing and student services.
The College has jurisdiction over conduct covered by this policy that occurs on campus, during or at an official College program or activity (regardless of location and inclusive of field trips, social or educational functions, college related travel, student recruitment activities, internships, and service-learning experiences), and to off campus or online conduct when the conduct could deny or limit a person's ability to participate in or benefit from the College's programs and activities or creates the potential for a hostile environment on campus. The College will investigate all complaints made under this policy and, if necessary, take action to prevent the recurrence of sexual misconduct and remedy its effects.
III. Title IX Statement
It is the policy of the College to comply with Title IX of the Education Amendments of 1972 and its implementing regulations, which prohibit discrimination based on sex or gender in the College's educational programs and activities. Title IX and its implementing regulations also prohibit retaliation for asserting claims of sexual misconduct. The College has designated the following Title IX Coordinator to coordinate its compliance with Title IX and to receive inquiries regarding Title IX, including complaints of sexual misconduct:
Molly Borgmeyer, Title IX Coordinator
Columbia College Main Campus – St. Clair Hall 14
1001 Rogers Street
Columbia, MO 65216
If you are in immediate danger, please call 911 OR
Columbia College Campus Safety at (573) 875-7315
A person may also file a complaint of sexual misconduct with the United States Department of Education's Office for Civil Rights regarding an alleged violation of Title IX by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html or by calling 1-800-421-3481.
IV. Relevant Definitions
A. Sexual Misconduct
"Sexual misconduct" is an umbrella term that collectively refers to sex discrimination, sexual harassment, sexual violence, dating violence, domestic violence, and stalking. This term will be used throughout this policy and the complaint resolution procedures when collectively referring to these types of conduct.
B. Sex Discrimination
Sex discrimination occurs when persons are excluded from participation in, or denied the benefits of, any College program or activity because of their sex, gender identity, or gender expression. Sex discrimination can include adverse treatment based on one's sex, gender identity, or gender expression, as well as the other prohibited conduct outlined in this section.
C. Sexual Harassment
1. Definition of Sexual Harassment. Sexual harassment is unwelcome conduct of a sexual nature and includes sexual advances, requests for sexual favors, and other verbal, phsycial, visual, or digital conduct of a sexual nature when:
- Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual's employment or education;
- Submission to or rejection of such conduct by an individual is used or threatened to be used as the basis for academic or employment decisions affecting that individual; or
- Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment. In determining whether unwelcome conduct of a sexual nature rises to the level of creating a hostile environment, the College will consider the totality of circumstances, including, but not limited to: the nature and severity of the conduct, the duration of the conduct, whether the conduct is part of a pattern, the age of the potential victim, and whether there is a power differential between the parties. The College will evaluate the totality of circumstances from the perspective of a reasonable person in the complainant's position. A person's adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment.
Harassment, however, must include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive. The conduct must also be considered sufficiently serious to deny or limit a student’s ability to participate in or benefit from the educational program, as explained by the July 28, 2003 Dear Colleague Letter issued by the U.S. Department of Education, available at http://www2.ed.gov/about/offices/list/ocr/firstamend.html.
2. Examples of Sexual Harassment. Examples of conduct that may constitute sexual harassment include, but are not limited to:
- Unreasonable pressure for a dating, romantic, or intimate relationship;
- Unwelcome touching, kissing, hugging, rubbing, or massaging;
- Unnecessary references to parts of the body;
- Sexual innuendos, jokes, humor, or gestures;
- Displaying sexual graffiti, pictures, videos or posters;
- Using sexually explicit profanity;
- Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities;
- Social media use that violates this policy;
- Leering or staring at someone in a sexual way, such as staring at a person's breasts or groin area;
- Sending sexually explicit digital messages;
- Commenting on a person's dress in a sexual manner;
- Giving unwelcome personal gifts such as flowers, chocolates, or lingerie that suggest the desire for a romantic relationship;
- Commenting on a person's body, gender, sexual relationships, or sexual activities; or
- Sexual violence (as defined below).
1. Definition of Consent. Consent is defined as permission to act. Lack of consent is a critical factor in determining whether sexual violence has occurred. This must be an unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter. Although consent can be given by words or actions, those words or actions must be clear and mutually understood. Consent should meet all of the following standards:
- Active, not passive.
- Given freely.
- If coercion, intimidation, threats, and/or physical force are used, there is no consent; a person's lack of verbal resistance or submission resulting from the use or threat of force does not constitute consent.
- Coercion is defined as a direct or implied threat of danger, hardship, or retribution sufficient to persuade a reasonable person to engage in sexual activity in which they otherwise would not engage in or to which they otherwise would not submit.
- Coercion is different from seductive behavior based on the type of pressure someone uses to get another to engage in sexual activity.
- A person's words or conduct cannot amount to coercion unless they wrongfully impair the other's free will and ability to choose whether or not to engage in sexual activity.
- Coercion can include unreasonable and sustained pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive; once a person has made it clear that they want to stop, or that they do not want to go past a certain point of sexual interaction, you should be absolutely clear that they have changed their mind and are consenting before proceeding in sexual activity with them.
- Dressing in a certain manner does not constitute consent.
- Being in a romantic or intimate relationships with someone does not imply consent to any form of sexual activity.
- Effective consent may not exist when there is a disparity in power between the parties (e.g., faculty/student, supervisor/employee).
- Provided knowingly.
- If a person who is known to be (or based on circumstances should reasonably be known to be) mentally or physically incapacitated to the point that they are unable to make rational, reasonable decisions due to a lack of capacity to understand the "who, what, when, where, why, or how" of a sexual interaction, there is not consent. Warning signs of when a person may be incapacitated due to drug and/or alcohol use include: slurred speech, falling down, passing out, and vomiting.
- If a person is asleep or unconscious, there is no consent.
- A person who is below the minimum age of consent in the applicable jurisdiction (within the state of Missouri, age of consent is 17), cannot provide consent to sexual activity.
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
- Consent to past sexual activity does not imply consent to other forms of sexual activity.
- Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.
- Consent can be withdrawn at any time. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after they have withdrawn consent.
2. Legal Definitions of Consent. The legal definition of consent may differ depending on the jurisdiction or location where the sexual activity occurs. In Missouri, consent or lack of consent may be express or implied. Furthermore, in Missouri, 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 capacity 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 reasons 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.
The legal definitions of consent in other jurisdictions in which Columbia College maintains a physical location may be found in their respective Annual Security Report.
E. Sexual Violence
1. Definition of Sexual Violence. Sexual violence is a particularly severe form of prohibited sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent because of their temporary or permanent mental or physical incapacity, because they are below the minimum age of consent in the applicable jurisdiction (within the state of Missouri, age of consent is 17), or because of their incapacitation due to the use of drugs and/or alcohol. Other types of conduct may also constitute sexual violence.
2. Examples of Sexual Violence. Sexual violence can include the following:
- Rape or sexual assault: sexual intercourse (anal, oral, or vaginal) by an individual upon another individual without consent;
- The use of force or coercion to effect sexual intercourse or some other form of sexual contact with a person who has not given consent;
- Unwilling sexual penetration (anal, oral, or vaginal) or other sexual touching with any object or body part that is committed by force, threat, intimidation, or otherwise without consent, including instances where the victim is incapable of giving consent because of their age or because of temporary or permanent mental or physical incapacity;
- Having sexual intercourse with a person who is unconscious because of drug or alcohol use;
- Hazing that involves penetration of a person's vagina or anus with an object;
- Statutory rape, which is sexual intercourse with a person who is under the statutory age of consent (within the state of Missouri, age of consent is 17).
- Sexual exploitation, which includes, but is not limited to, the following:
- Sexual voyeurism;
- Use of drugs or alcohol to impair an individual in order to effect sexual intercourse or some other form of sexual contact with that individual;
- Knowingly transmitting a sexually transmitted infection such as HIV to another person through sexual activity;
- Secretly videotaping or photographing sexual activity where the other party has not consented;
- Disseminating sexual pictures or videos of another person without consent regardless of if the pictures or videos were obtained with consent; or
- Prostituting another person.
3. Legal Definitions of Sexual Violence. The legal definition of sexual assault and/or rape may differ depending on the jurisdiction or location where the sexual activity occurs.
The legal definitions of sexual assault and/or rape in jurisdictions in which Columbia College maintains a physical location may be found in their respective Annual Security Report.
The crimes of domestic violence, dating violence, and stalking can also constitute sexual misconduct when motivated by a person's sex or gender. These types of conduct, no matter the motivation behind them, are a violation of this policy and will be addressed pursuant to the Title IX and Sexual Misconduct Complaint Resolution Procedures.
F. Dating Violence
1. Definition of Dating Violence. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.
- The existence of such relationship is determined based upon 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.
- For the purpose of this definition, 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.
2. Legal Definition of Dating Violence. The legal definition of dating violence may differ depending on the jurisdiction or location where the dating violence occurs. In Missouri, dating violence is considered domestic violence under Missouri Revised Statues due to the definition of "family" or "household member" (Mo. Rev. Stat. 455.010).
The legal definitions of dating violence in jurisdictions in which Columbia College maintains a physical location may be found in their respective Annual Security Report.
G. Domestic Violence
1. Definition of Domestic Violence. Domestic violence includes felony or misdemeanor crimes of violence committed by any of the following:
- A current or former spouse or intimate partner of the victim;
- A person with whom the victim shares a child in common;
- A person who is cohabitating with, or has cohabitated 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 jurisdiction in which the crime of violence occurred; or
- 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.
2. Legal Definition of Domestic Violence. The legal definition of domestic violence may differ depending on the jurisdiction or location where the domestic violence occurs.
The legal definitions of domestic violence in jurisdictions in which Columbia College maintains a physical location may be found in their respective Annual Security Report.
1. Definition of Stalking. Stalking is engaging in a course of conduct (to include conduct that occurs via social media, i.e., "cyberstalking") directed at a specific person that would cause a reasonable person to:
- Fear for their safety or the safety of others; or
- Suffer substantial emotional distress.
2. Legal Definition of Stalking. The legal definition of stalking may differ depending on the jurisdiction or location where the activity occurs.
The legal definitions of stalking in jurisdictions in which Columbia College maintains a physical location may be found in their respective Annual Security Report.
V. Roles and Responsibilities
A. Title IX Coordinator
It is the responsibility of the Title IX Coordinator to:
- Ensure the College's compliance with Title IX;
- Identify and address any patterns or systemic problems of sexual misconduct at the College;
- Coordinate dissemination of information and education and training programs;
- Receive complaints under this policy;
- Assist members of the College Community in understanding that sexual misconduct is prohibited by this policy;
- Answer questions about this policy;
- Ensure that employees and students are aware of the procedures for reporting and addressing complaints of sexual misconduct;
- Direct individuals to other available resources on campus, off campus, and through national resources; and
- To implement the complaint resolution procedures or to designate appropriate persons for implementing the complaint resolution procedures.
The Deputy Title IX Coordinator(s) will assist the Title IX Coordinator in carrying out these responsibilities.
B. Administrators, Deans, Department Chairs, Campus Directors, and Other Managers
It is the responsibility of administrators, deans, department chairs, campus directors, and other managers (i.e., those that formally supervise other employees) to:
- Inform employees under their direction or supervision of this policy;
- Work with the Title IX Coordinator and Deputy Title IX Coordinator(s) to implement education and training programs for employees and students; and
- Assist in implementing any corrective actions that are imposed as a result of findings of a violation of this policy.
Throughout this policy, the term "employees' includes all faculty, staff, and administrators. It is the responsibility of employees to review this policy and comply with it.
It is the responsibility of all students to review this policy and comply with it.
E. The College
When the College is aware that a member of the College Community may have been subjected to or affected by conduct that violates this policy, the College will take prompt action, including a review of the matter and, if necessary, an investigation and appropriate steps to stop and remedy the sexual misconduct. The College will act in accordance with its complaint resolution procedures.
VI. Complaints and Reports
A. Making a Complaint or Report of Sexual Misconduct
1. Employees - All College employees are deemed to be Responsible Employees and therefore have a duty to report sexual misconduct to the Title IX Coordinator or Deputy Title IX Coordinator(s) when they receive a report of such conduct, witness such conduct, or otherwise obtain information about such conduct and should do so within twenty-four (24) hours of receiving such information.
This includes employees who may have a professional license requiring confidentiality if they are not employed by the College in that professional role.
An employee not reporting sexual misconduct as required by this policy may be disciplined accordingly, up to and including termination.
This section does not apply to those identified in Section VI.A.4 of this policy.
2. Students - Students who wish to report sexual misconduct should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator(s).
Students should be aware that all employees at the College, other than those identified in Section VI.A.4 as confidential advisors, have an obligation to report information about sexual misconduct to the Title IX Coordinator for review and investigation, and they may not keep this information confidential.
Students may also file a complaint the United States Department of Education's Office for Civil Rights, as set forth in Section III above.
3. Other Persons - Any other persons, including third parties, bystanders, and visitors on campus, who wish to report sexual misconduct should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator(s). They may also file a complaint with the United States Department of Education's Office for Civil Rights, as set forth in Section III above.
4. Confidential Discussions - If an individual desires to talk confidentially about their situation, there are resources available. The following confidential advisors are available to assist you and will not further disclose the information you provide, unless otherwise required to do so by law (e.g., if the victim is a minor):
Within the state of Illinois, under 155 ILCS 110/20(c), all confidential advisors complete forty (40) hours of training regarding issues of sexual misconduct prior to appointment and complete six (6) hours of additional training on an annual basis. They also are required to have an understanding of the College's specific policy and processes for addressing sexual misconduct and resources available on campus and in the community.
5. Electronic Reporting Option - Reports may be made through our online reporting system at https://cc-advocate.symplicity.com/public_report/. You will be asked to identify your relationship to Columbia College and will then be directed to fill out a form with additional information.
Within twelve (12) hours of receiving an electronic report, the College will respond to the reporter through verbal, written, or electronic communication.
6. Anonymous Reporting Option - Anonymous complaints will be accepted by the College, although it is often difficult to gather facts and conduct a thorough investigation via anonymous complaints.
To make an anonymous complaint, access the Electronic Reporting Option at https://cc-advocate.symplicity.com/public_report/, identify your relationship to Columbia College and then write in "Anonymous" under the "Your Name" and "Your Email" fields.
Employees cannot fulfill their obligations as responsible employees under this policy using this anonymous reporting option.
7. Content of the Complaint - So that the College has sufficient information, a complaint being made for purposes of an investigation should include the following to the extent the information is known: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; (4) contact information for the complainant so that the College may follow up appropriately.
8. Information Provided to Complainant and Respondent - A complainant who makes a claim of sexual misconduct to the College will be given a copy of a document explaining their rights and options under the Columbia College Sexual Misconduct Policy. This document provides information about this policy and the complaint resolution procedures used to investigate and resolve complaints of sexual misconduct, possible interim protective measures and accommodations that may be available, options for filing complaints with the local police, and resources that are available on campus and in the community, as well as other pertinent information.
A person against whom a complaint has been filed will also be given similar information about the process and resources available.
9. Conduct that Constitutes a Crime - Any person who wishes to make a complaint of sexual misconduct that also constitutes a crime - including sexual violence, domestic violence, dating violence, or stalking - is encouraged to make a complaint to local law enforcement. If requested, the College will assist the complainant in notifying the appropriate law enforcement authorities. A victim may decline to notify such authorities.
In the event of an emergency, please contact 911.
10. Special Guidance Concerning Complaints of Sexual Violence, Domestic Violence, Dating Violence, or Stalking - If you are the victim of sexual violence, domestic violence, dating violence, or stalking, do not blame yourself. These crimes are never the victim's fault. When a physical crime of violence has been perpetrated against you, the College recommends that you immediately go to the emergency room of a local hospital and contact local law enforcement, in addition to making a prompt complaint under this policy.
If you are the victim of sexual violence, domestic violence, or dating violence, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. As necessary to preserve evidence, victims of sexual violence, domestic violence, or dating violence should not bathe, urinate, douche, brush teeth, or drink liquids until after they are examined and, if necessary, a rape examination is completed. Clothes should not be changed. When necessary, seek immediate medical attention at a local hospital and take a full change of clothing, including shoes, for use after a medical examination.
A the Columbia, MO location of Columbia College, a Sexual Assault Nurse Examiner (SANE) Clinic is available at University Hospital twenty-four (24) hours a day, seven (7) days a week and they can be contacted at (573) 882-8091.
*For those individuals not located near Columbia College in Columbia, MO, please contact the Columbia College Title IX Coordinator for additional information about where you can receive SANE services in your region.
It is also important to take steps to preserve other types of evidence, such as letters, emails, text messages, social media posts, pictures, etc. This type of information is relevant in all situations involving sexual misconduct, and it is likely to be the only type of evidence available in cases of sexual harassment and stalking (other than witnesses).
Once a complaint of sexual violence, domestic violence, dating violence, or stalking is made to the College, the complainant has several options such as, but not limited to:
- Contacting parents or a relative
- Seeking legal advice
- Seeking personal counseling (always recommended)
- Pursuing legal action against the perpetrator
- Pursuing disciplinary action through the College
- Requesting that no further action be taken
- Requesting further information about the College's policy and procedures for addressing sexual misconduct
- Requesting further information about available resources
11. Vendors, Contractors, and Third-Parties - This policy applies to the conduct of vendors, contractors, and third-parties. Members of the College Community who believe they have been subject to sexual misconduct in violation of this policy by a vendor, contractor, or other third-party can make a complaint in the manner set forth in this section.
12. Retaliation - It is a violation of this policy to retaliate against any member of the College Community who reports or assists in making a complaint of sexual misconduct or who participates in the investigation of a complaint in any way. Persons who believe they have been retaliated against in violation of this policy should make a complaint in the manner set forth in this section. All institutional sanctions are available for those found to have engaged in retaliatory conduct, up to and including termination or expulsion.
13. Interim Protective Measures - Following a report of sexual misconduct and in accordance with the Complaint Resolution Procedures, the College will take steps to provide interim protective measures to either or both the reporting and responding parties involved in an alleged incident of sexual misconduct. This may include assisting and allowing the parties to change their academic, living, dining, transportation, or work situation, to the extent that the College has control over these environments, if options to do so are reasonably available and upon request of one of the parties. Interim protective measures may also include restriction on contact between the parties. Such changes may be available regardless of whether the individual chooses to report the crime to Columbia College Campus Safety or local law enforcement.
Requests to change an academic, living, dining, transportation, or work situation, or for any other protective measure (such as a no-contact order), should be made to the Title IX Coordinator or Deputy Title IX Coordinator(s). In the event such a measure is implemented, the College will maintain it as confidential to the extent that maintaining confidentiality would not impair the College's ability to provide it. The Title IX Coordinator will communicate with each party throughout the investigation to ensure interim protective measures remain necessary and effective. Failure to comply with the terms of any interim protective measures or other protections that have been implemented may constitute a separate violation of this policy.
If a complainant has obtained an ex parte order of protection, full order of protection, or any other temporary restraining order or no-contact order against the alleged perpetrator from a criminal, civil, or tribal court, the complainant should provide such information to the Title IX Coordinator or Deputy Title IX Coordinator(s). The College, in conjunction with Columbia College Campus Safety, will take all reasonable and legal action to implement the order.
14. Amnesty - The College recognizes that an individual who has engaged in behavior that may violate the College's Student Code of Conduct may be hesitant to report sexual misconduct. To encourage reporting, the College will grant immunity to any student who reports, in good faith, an alleged violation of this policy to the Title IX Coordinator or other responsible employee.
The reporting student will not receive a disciplinary sanction by the College for a conduct violation, such as under aged drinking, that is revealed in the course of such a report, unless the College determines that the violation was egregious, including without limitation, an action that places the health and safety of any other person at risk.
Notwithstanding the College's commitment to amnesty in these situations, the College may require the reporting individual to attend a course or pursue other educational intervention related to alcohol and/or drug use. Further, this amnesty provision does not prevent action by police or other legal authorities against an individual who has illegally consumed alcohol or drugs or otherwise violated the law.
B. Timing of Complaints
The College encourages persons to make complaints of sexual misconduct as soon as possible because late reporting may limit the College's ability to investigate and respond to the conduct included in the complaint.
C. Investigation and Confidentiality
All complaints of sexual misconduct will be promptly and thoroughly investigated in accordance with the complaint resolution procedures, and the College will take disciplinary action where appropriate. The College will make reasonable and appropriate efforts to preserve an individual's privacy and protect the confidentiality of information when investigating and resolving a complaint. However, because of laws relating to reporting and other state and federal laws, the College cannot guarantee confidentiality to those who make complaints.
In the event a complainant requests confidentiality or asks that a complaint not be investigated, the College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that their name not be disclosed to the alleged perpetrator, the College's ability to respond may be limited. The College reserves the right to initiate an investigation despite a complainant's request for confidentiality in limited circumstances involving serious or repeated conduct or where the allege perpetrator may pose a continuing threat to the College Community.
The Title IX Coordinator is the person responsible for evaluating requests for confidentiality. The Title IX Coordinator may consult with other appropriate College officials and legal counsel as necessary.
Note that certain types of sexual misconduct are considered crimes for which the College must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public. These disclosures will be made without including personally identifying information.
If a complaint of sexual misconduct is found to be substantiated, the College will take appropriate corrective and remedial action to prevent the recurrence of the conduct and correct its discriminatory effects.
Students and employees found to be in violation of this policy will be subject to discipline up to and including written reprimand, probation, suspension, demotion, termination, or expulsion. Affiliates and program participants may be removed from College programs and/or prevented from returning to campus. Remedial steps may also include counseling for the complainant, academic, transportation, work, or living accommodations for the complainant, separation of the parties, and training for the respondent and other persons.
E. Bad Faith Complaints
While the College encourages all good faith complaints of sexual misconduct, the College has the responsibility to balance the rights of all parties. Therefore, if the College's investigation reveals that a complaint was knowingly false, the complaint will be dismissed and the person who filed the knowingly false complaint may be subject to discipline.
VII. Academic Freedom
While the College is committed to the principles of free inquiry and free expression, sexual misconduct is neither legally protected expression nor the proper exercise of academic freedom.
Because the College recognizes that the prevention of sexual misconduct is important, it offers education programming on an annual and ongoing basis to a variety of groups such as: campus personnel; incoming students and new employees participating in orientation; and members of athletic teams and other student organizations. Among other elements, such training will cover relevant definitions, procedures, and sanctions; how to make a complaint; the identities and roles of the Title IX Coordinator, Deputy Title IX Coordinator(s), confidential advisors, and other resources; safe and positive options for bystander intervention; and risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks.
To learn more about educational resources, please contact the Title IX Coordinator at firstname.lastname@example.org.