(A) Clark state college is committed to
providing a safe, collegiate, working and learning environment that promotes
personal integrity, civility, and mutual respect and that is free of
discrimination, harassment, or adverse treatment. Sex discrimination violates a
person's fundamental rights and personal dignity. Clark state community
college considers sex discrimination in all its forms to be a serious offense.
(1) Title IX of the
Education Amendments of 1972 to the Higher Education Act of 1965 prohibits
discrimination based on sex in educational programs and activities that receive
federal financial assistance. Education program or activity includes locations,
events, or circumstances over which the college exercised substantial control
over both the respondent and the context in which the sexual harassment occurs.
To ensure compliance with Title IX and other federal and state civil rights
laws, the college has developed policies and procedures that prohibit sex
discrimination in all of its forms.
(2) Clark state college
does not discriminate on the basis of race, color, religion, gender/sex, gender
identity or expression, national origin (ancestry), military status,
disability, age (forty years of age or older), genetic information, sexual
orientation, status as a parent during pregnancy and immediately after the
birth of a child, status as a parent of a young child, or status as a foster
parent and any other protected group status as defined by law or college policy
in its educational programs, activities, admissions, or employment practices as
required by Title IX of the Educational Amendments of 1972, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act, and other
applicable statutes.
(B) Clark state college encourages anyone
who has experienced sex discrimination in any form, whether or not that person
is a minor, to promptly report the incident, to seek all available assistance,
and to pursue corrective action through the college against the offender,
regardless of whether or not that person is a minor. The college encourages
anyone who has experienced sex discrimination, whether or not he or she is a
minor, to report the incident to the appropriate Title IX coordinator listed in
the associated procedures. The Title IX coordinator can assist with all aspects
of the reporting procedure and will conduct an investigation into a complaint
as appropriate. Clark state is required to report to law enforcement, child
protective services, or similar agency any case of sexual abuse of a minor by
faculty, staff, or volunteers affiliated with the college.
(C) Definitions
(1) Actual knowledge:
notice of sexual harassment or allegations of sexual harassment to the
college's Title IX coordinator or an official of the college who has
authority to institute corrective measures on behalf of the
college.
(2) Coercion: the use of
pressure to compel another person to initiate or continue sexual activity
against a person's will. Coercion can include a wide range of behaviors,
including intimidation, manipulation, threats and blackmail. A person's
words or conduct are sufficient to constitute coercion if they wrongfully
impair another person's freedom of will and ability to choose whether or
not to engage in sexual activity. Examples of coercion include threatening to
"out" someone based on sexual orientation, gender identity, or
gender expression and threatening to harm oneself if the other party does not
engage in the sexual activity.
(3) Complainant: a person
who is alleged to be the victim of conduct that could constitute sexual
harassment.
(4) Consent: permission
that is clear, knowing, voluntary, and expressed prior to engaging in and
during an act. Consent is active, not passive. Silence, in and of itself,
cannot be interpreted as consent. Consent can be given by words or actions, as
long as those words or actions create mutually understandable clear permission
regarding willingness to engage in (and the conditions of) sexual
activity.
Consent can be withdrawn at any time. When
consent is withdrawn, sexual activity must cease. Prior consent does not imply
current or future consent even in the context of an ongoing relationship.
Consent must be sought and freely given for each instance of sexual
contact.
(5) Formal complaint: a
document filed by a complainant or signed by the Title IX coordinator alleging
sexual harassment against a respondent and requesting that the college
investigate the allegation of sexual harassment.
(6) Gender expression:
how a person presents themselves (female, male, androgynous, or as another
gender) as evidenced by their manner of dress, speech or other physical
expression.
(7) Gender identity:
person's internal knowledge of their own gender. A person may identify as
a gender that does or does not appear to correspond to the sex (male or female)
assigned to that person at birth, or the person may identify as neither female
nor male.
(8) Gender-based
harassment: harassment based on sex or gender, sexual orientation, gender
identity, or gender expression, which may include acts of intimidation or
hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even
if the acts do not involve conduct of a sexual nature.
(9) Incapacitation:
physical and/or mental inability to make informed, rational judgments and
decisions. States of incapacitation include sleep and blackouts. Where alcohol
or other substances are involved, incapacitation is determined by how the
substance impacts a person's decision-making capacity, awareness of
consequences, and ability to make informed judgments.
(10) Non-consensual
sexual contact: any intentional sexual touching, however slight, with any body
part or object, by any person upon another that is without consent and/or by
force or coercion. Sexual contact includes: intentional contact with the
breasts, buttock, groin, or genitals, or touching another with any of these
body parts or objects, or making another touch you or themselves with or on any
of these body parts; any intentional bodily contact in a sexual manner, though
not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or
other orifice.
(11) Non-consensual
sexual intercourse: any sexual penetration, however slight, with any body part
or object, by any person upon another that is without consent and/or by force
or coercion. Sexual penetration includes vaginal penetration by a penis,
object, tongue, or finger; anal penetration by a penis, object, tongue, or
finger; and oral copulation (mouth to genital contact or genital to mouth
contact); no matter how slight the penetration or contact.
(12) Respondent: a person
who has been reported to be the perpetrator of conduct that could constitute
sexual harassment.
(13) Retaliation: an
adverse action taken against a person for the purpose of interfering with any
right or privilege secured by Title IX or because the person has made a report
or complaint testified, assisted, or participated or refused to participate in
any manner in an investigation, proceeding, or hearing involving allegations of
sex discrimination in violation of this policy.
(14) Sex discrimination:
occurs when a person has been treated inequitably based on sex, sexual
orientation, gender, gender identity, or gender expression. Sex discrimination
can be committed by anyone regardless of sex, gender, gender identity, gender
expression and/or sexual orientation.
(15) Sexual exploitation:
occurs when a person takes non-consensual or abusive sexual advantage or
benefit, or to benefit or advantage anyone other than the person being
exploited, and that behavior does not otherwise constitute one of the other
sexual violence offenses.
(16) Sexual harassment: conduct on the basis of sex that
satisfies one or more of the following:
(a) Quid pro quo: An
employee conditioning the provision of an aid, benefit, or service of the
college on a person's participation in unwelcome sexual
conduct.
(b) Hostile environment:
unwelcome conduct that a reasonable person would determine is so severe,
pervasive, and objectively offensive that it effectively denies a person equal
access to the educational institution's education program or
activity.
(c) Sexual assault: an
offense classified as a forcible or non-forcible sex offense under the uniform
crime reporting system of the federal bureau of investigation. The FBI uniform
crime reporting system provides:
(i) Sex offenses forcible. Any sexual act directed
against another person, without that person's consent including instances
where the person is incapable of giving consent.
Forcible rape - the carnal knowledge of a
person, forcibly and/or against that person's will or not forcibly or
against that person's will where the victim is incapable of giving
consent because of his/her temporary or permanent mental or physical
incapacity.
Forcible sodomy - oral or anal sexual
intercourse with another person, forcibly and/or against that person's
will or not forcibly or against that person's will in instances where the
victim is incapable of giving consent because of his/her youth or because of
his/her temporary or permanent mental or physical incapacity.
Sexual assault with an object - the use of
an object or instrument to unlawfully penetrate, however slightly, the genital
or anal opening of the body of another person, forcibly and/or against that
person's will or not forcibly or against the person's will in
instances where the victim is incapable of giving consent because of his/her
youth or because of his/her temporary or permanent mental or physical in
capacity.
Forcible fondling - the touching of the
private body parts of another person for the purpose of sexual gratification,
forcibly and/or against that person's will or not forcibly or against
that person's will where the victim is incapable of giving consent
because of his/her youth or because of his/her temporary mental
incapacity.
(d) Sex offenses
non-forcible unlawful, non-forcible sexual intercourse.
Incest - non-forcible sexual intercourse
between persons who are related to each other within the degrees wherein
marriage is prohibited by law.
Statutory rape - non-forcible sexual
intercourse with a person who is under the statutory age of consent.
(i) Dating violence: 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 a relationship will be determined based on
the complainant's statement and with consideration of the length and type
of relationship, and the frequency of interaction between the persons involved
in the relationship.
(ii) Dating violence: 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 a relationship will be determined based on
the complainant's statement and with consideration of the length and type
of relationship, and the frequency of interaction between the persons involved
in the relationship.
(iii) Domestic violence: felony or misdemeanor crimes of
violence committed by a current or former spouse or intimate partner of the
victim, by a person with whom the victim shares a child in common, by a person
who is or has cohabitated with the victim as a spouse or intimate partner, by a
person similarly situated to a spouse of the victim under 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.
(iv) Stalking: engaging in a course of conduct directed at a
specific person that would cause a reasonable person to
(a) Fear for their safety; or
(b) Suffer substantial emotional distress.
(17) Sexual violence: physical sexual acts perpetrated
against a person's will or when a person is incapable of giving
consent.
(18) Supportive measures: non-disciplinary, non-punitive
individualized services offered as appropriate, as reasonably available, and
without fee or charge to the complainant or respondent.
(D) This policy applies to all the
following, including those who may be minors:
(1) Non-exempt and
exempt staff employees
(2) Faculty and adjunct
faculty
(3) Temporary
employees
(4) Students
(5) Vendors, visitors,
and other third parties
(E) The college will not tolerate sexual
harassment, whether engaged in by fellow employees, supervisors, students, or
by other non-employees who conduct business with the college. The college shall
investigate any incident of alleged sexual harassment and shall take any action
it deems appropriate after evaluating all of the circumstances.
(F) This policy shall be administered as
set forth in the associated procedures.
(G) The office of human resources shall
be assigned the responsibility of developing, implementing, and maintaining the
sexual discrimination policy and procedures.