/Institutions/Caldwell-Community-College-and-Technical-Institute/json/2019-2020/College-Catalog-local.json

/Institutions/Caldwell-Community-College-and-Technical-Institute/json/2019-2020/College-Catalog.json

2019-2020 College Catalog > Services for Students > Gender-Based Harassment, Discrimination and Sexual Misconduct

Gender-Based Harassment, Discrimination and Sexual Misconduct

The College is fully committed to providing a learning and work environment that is free from prohibited discrimination. The College does not practice or condone discrimination based on race, color, national origin, religion, sex, pregnancy, disability, genetic information, age, political affiliation or veterans’ status in the administration or in any of its academic programs and employment practices.

I. INTRODUCTION

The College strives to make its campuses inclusive, safe and a welcoming learning environment for all members of the College community, visitors, and guests. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex or gender in any federally funded education program or activity. Under Title IX, the College prohibits discrimination in all of its activities, services and programs based on sexual misconduct, gender, sexual orientation, and gender identity. Examples of which acts are included in sexual misconduct are as follows: sexual harassment, domestic violence, non-consensual intercourse, sexual assault, sexual battery, sexual coercion, dating violence, and stalking.

The College will process all Title IX complaints regardless of where the conduct occurred to determine whether the conduct occurred in the context of its educational programs, or had continuing effects on campus or in an off-campus program/activity. The College’s policies and procedures that cover Title IX apply to all complaints carried out by employees, students, and third-parties.

• For issues related to all other types of unlawful discrimination and harassment, see Unlawful Discrimination and Harassment.

All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The College believes in zero tolerance for gender-based harassment, discrimination, and sexual misconduct. Zero tolerance means that when allegation of misconduct is brought to an appropriate coordinators attention, protective, and other remedial measures will be used to reasonably ensure that the conduct ends, is not repeated, and the effects on the reporting party and community are remedied, including sanctions when a responding party has violated this policy.

The College’s gender-based harassment, discrimination, and sexual misconduct policy is not meant to inhibit or prohibit educational content or discussion inside or outside of the classroom that includes controversial or sensitive subject matters protected by academic freedom. Academic freedom extends to topics that are pedagogically appropriate and germane to the subject matter of courses or that touch on academic exploration of matters of public concern.

II. TITLE IX COORDINATOR

The College’s Title IX Coordinator oversees compliance with the applicable federal and state laws and regulations. Questions about these procedures should be directed to the Title IX Coordinator. The following persons have been designated to handle and investigate inquiries of the gender-based harassment, discrimination, and sexual misconduct. Anyone wishing to make a report relating to gender-based harassment, discrimination, and sexual misconduct may do so by reporting the concern to the Title IX Coordinator, Investigator(s), or a Responsible Employee.

Name	Title	Phone	Location	Email
Randy Ledford	Vice President, Instruction/Title IX Coordinator	828-726-2241	Caldwell Campus, H-124	rlledford@cccti.edu
Dena Holman	Vice President, Student Services/Title IX Investigator	828-726-2737	Caldwell Campus, F-127	dnholman@cccti.edu
Dr. Kim Van Wie	Director, Student Services - Watauga Campus/Title IX Investigator	828-297-2185	Watauga Campus, Student Services	kvanwie@cccti.edu
Pamela Romano	Director, Human Resources/Title IX Investigator	828-726-2269	Caldwell Campus, A-122	promano@cccti.edu
Matt Anderson	Athletic Director/Title IX Investigator	828-726-2606	Caldwell Campus, E-119B	manderson@cccti.edu

If the complaint is an employee-employee complaint, the Title IX Coordinator will work with the Director of Human Resources to investigate the complaint. If the complaint is a student-student complaint, the Title IX Coordinator will work with the Vice President of Student Services to investigate the complaint. If the complaint is a student-employee complaint the Title IX Coordinator will work with the Vice President of Student Services and the Director of Human Resources to investigate the complaint.

Additionally, anonymous reports can be made by reporting party and/or third parties using the online reporting form at www.cccti.edu/ConsumerInfo/IncidentForm.asp. These anonymous reports may prompt the need for the in College to investigate.

Individuals experiencing harassment and/or discrimination also have the right to file a formal grievance with government authorities:

The Office of Civil Rights (OCR) office for North Carolina is located at:

Office of Civil Rights

Washington DC (Metro) 

U.S. Department of Education

400 Maryland Avenue, SW 

Washington, DC 20202-1475

Telephone: 202-453-6020

Fax: 202-453-6021 

TDD: 800-877-8339

Email: OCR.DC@ed.gov

III. PREPONDERANCE OF THE EVIDENCE

The College will use the preponderance of the evidence (also known as “more likely than not”) as a standard of proof of whether a violation occurred. In campus resolution proceedings, legal terms like “guilt”, “innocence”, and “burdens of proof” are not applicable, but the College never assumes a responding party is in violation of College policy. Campus resolution proceedings are conducted to take into account the totality of all evidence available, from all relevant sources.

IV. DEFINITIONS

The following definitions shall apply to this Policy, and are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a student’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.

In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.

A. Student - Any individual that is currently enrolled in a curriculum, continuing education, or Adult Education course at CCC&TI.

B. Employee - Any individual who is hired by CCC&TI to provide services in exchange for compensation. Employees are obligated to report to the Title IX Coordinator all incidents of gender-based harassment, discrimination, and sexual misconduct.

C. Confidential Employee - Is not obligated to report incidents of gender-based harassment, discrimination, and sexual misconduct to the Title IX Coordinator if confidentiality is requested by the student. Campus counselors are considered Confidential Employees. If the reporting individual is unsure of someone’s duties and ability to maintain privacy, the reporting individual should ask the employee before speaking to him/her.

D. Investigator - is an employee that has been trained and certified to investigate violations of the gender-based harassment, discrimination, and sexual misconduct policy.

E. Reporting Party - The individual who reports cases of policy violations.

F. Responding Party - The individual who is accused of engaging in conduct prohibited by policy.

G. Third Party Reporter - The individual who reports cases of policy violations, but is not the recipient of the unwelcome behavior.

H. Consent - In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t want. Consent to some forms of sexual activity cannot be automatically taken as consent to any other forms of sexual activity. Silence, without action demonstrating permission, cannot be assumed to show consent. Previous relationships or prior consent cannot imply consent to future sexual acts.

In order to give effective consent, one must be of legal age. In North Carolina, the legal age of consent is 16 years of age.

For more information on North Carolina’s General Statutes related to Consent, please refer to statute §14-27.1 at www.ncga.state.nc.us

Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex. When individuals make it clear 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.

Alcohol and/or other drugs can place the capacity to consent in question. When alcohol and/or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. This policy also covers a person of whose capacity to consent is altered due to mental disability, sleep,

involuntary physical restraint, or from taking date rape drugs (Rohypnol, GHB, Ketamine, Burundanga, etc.).

Under this policy: “No” means “No” and “Yes” may not always mean “Yes.” Anything but a clear, knowing, and voluntary consent to any sexual activity is equivalent to a “No.”

The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegation under this policy.

Please be aware that CCC&TI has minors and persons with disabilities on all campuses.

I. Consensual Relationships - There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (instructor/student, staff/student, and/or supervisor/employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each party, particularly in retrospect. Circumstances may change, and conduct that was previously welcomed may become unwelcome. When both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory role or evaluative role over the other party are unethical; therefore, romantic or sexual relationships between College employees and students are prohibited if the employee and the student have an academic relationship. Academic relationships include any activities in which the employee is a direct or indirect supervisor or instructor for the student, as in a classroom or lab, or is a sponsor for any College activity involving the student, including work study or organizational/club/sport activities. This prohibition shall continue until the student or the employee is no longer affiliated with the College. Employees engaging in inappropriate relationships will be subject to disciplinary action up to and including termination of employment. Students engaging in inappropriate relationships may be subject to disciplinary action up to and including expulsion.

Romantic or sexual relationships between College employees and students not in an academic relationship that impairs the College employee’s effectiveness, disrupts the workplace/learning environment, and/or impairs the public confidence in the College will be subject to disciplinary action up to and including termination of employment or expulsion from the College.

J. Sexual Harassment - Sexual harassment is unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate or benefit from the College’s educational programs and/or activities. Sexual harassment is based on power differentials (quid pro quo), which can create a hostile environment, and/or be retaliatory in nature.

Types of Sexual Harassment:

1. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, persistent, or pervasive that it alters the conditions of employment, or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s viewpoint) and objective (reasonable person’s) viewpoint.

The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include, but not limited to:

a. The frequency of the conduct;

b. The nature and severity of the conduct; 

c. Whether the conduct was physically threatening;

d. Whether the conduct was humiliating or perceived as humiliating; 

e. The effect of the conduct on the reporting party’s mental or emotional state;

f. Whether the conduct was directed at more than one person; 

g. Whether the conduct arose in the context of other discriminatory conduct;

h. Whether the conduct unreasonably interfered with the reporting party’s educational or work performance; 

i. Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness;

j. Whether the speech or conduct deserves the protection of academic freedom or the 1st Amendment.

2. Quid pro quo sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment actions.

3. Retaliatory harassment is an adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct.

Examples include:

a. Attempting to coerce an unwilling person into a sexual relationship;

b. Repeatedly subjecting a person to egregious, unwelcome sexual attention; 

c. Punishment for refusal to comply with a sexually based request;

d. Conditioning a benefit on complying with sexual advances; 

e. Sexual violence, intimate partner violence, dating violence, stalking, and gender-based bullying.

K. Force - Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent. There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not defined by force.

L. Non-Consensual Sexual Contact - Non-consensual sexual conduct is any intentional sexual touching, however slight, with any object, by a man or woman upon a man or woman that is without consent and/or by force.

For more information on North Carolina’s General Statutes related to Non-Consensual Sexual Contact, please refer to statutes §14-27.4, §14-27.4A, §14-27.5, and §14-27.5A at www.ncga.state.nc.us.

M. Non-Consensual Sexual Intercourse - Non-consensual sexual intercourse is any sexual intercourse, however slight, with any object, by a man or woman upon a man or woman that is without consent and/or by force.

For more information on North Carolina’s General Statutes related to Non-Consensual Sexual Intercourse, please refer to statutes §14-27.2, §14-27.2A, §14-27.3, §14-27.7, §14-27.7A, and §14-27.8 at www.ncga.state.nc.us.

N. Sexual Exploitation - Sexual exploitation occurs when a person takes a 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 misconduct offenses.

O. Domestic Violence - As defined by the Office on Violence Against Women, US Department of Justice, domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc. are types of physical abuse. This type of abuse also includes denying a partner medical care or forcing alcohol and/or drug use upon him or her.

Sexual Abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to: marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.

Emotional Abuse: Undermining an individual's sense of self-worth and/or self-esteem is abusive. This may include, but is not limited to constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children.

Economic Abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment.

Psychological Abuse: Elements of psychological abuse include - but are not limited to - causing fear by intimidation; threatening physical harm to self, partner, children, or partner's family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work.

For more information on North Carolina’s General Statutes related to Domestic Violence, please refer to statute §50B-1 at www.ncga.state.nc.us.

P. Stalking - As defined by the Office on Violence Against Women, US Department of Justice, stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Stalking can include:

1. Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email. 

2. Repeatedly leaving or sending victim unwanted items, presents, or flowers.

3. Following or laying in wait for the victim at places such as home, school, work, or recreation place. 

4. Making direct or indirect threats to harm the victim, the victim's children, relatives, friends, or pets.

5. Damaging or threatening to damage the victim's property. 

6. Harassing the victim through the Internet.

7. Posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth. 

8. Obtaining personal information about the victim by accessing public records, using internet search services, hiring private investigators, going through the victim's garbage, following the victim, contacting victim's friends, family work, or neighbors, etc.

For more information on North Carolina’s General Statutes related to Stalking, please refer to §14-277.3A at www.ncga.state.nc.us.

Q. Dating Violence - As defined by the Office on Violence Against Women, U.S. Department of Justice, violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim is dating violence. The existence of such a relationship shall be determined based on a consideration of the following factors:

• the length of the relationship

• the type of relationship 

• the frequency of interaction between the persons involved in the relationship

The North Carolina General Statute §50B-1 for Domestic Violence also includes dating violence within the statute.

R. Discrimination - any act or failure to act that unreasonably and unfavorably differentiates treatment of others based solely on their age, race, color, creed, religion, gender, gender identity, gender expression, national origin, sexual orientation, genetic information, veteran status, or disability. Discrimination may be intentional or unintentional.

S. Harassment (for Sexual Harassment, see specific definition) - a type of Discrimination that happens when verbal, physical, electronic or other behavior based on a person’s Protected Status interferes with a person’s participation in the College’s programs and activities and it either creates an environment that a reasonable person would find hostile, intimidating, abusive or where submitting to or rejecting the conduct is used as the basis for decisions that affect the person’s participation in the College’s programs and activities.

Harassment may include, but is not limited to:

• threatening or intimidating conduct directed at another because of the individual’s Protected Status;

• jokes, name calling, or rumors based upon an individual’s protected status. 

• ethnic slurs, negative stereotypes and hostile acts based on an individual’s Protected status.

V. CONFIDENTIAL REPORTING

A. The College will make reasonable efforts to preserve the privacy of both the reporting party and responding party. Although all reports will be treated with sensitivity, when a report is made to the Title IX Coordinator or Investigator(s), the College shall be required to act on those reports.

B. Privacy and Confidentiality

Privacy generally means that information related to a report under this policy will only be shared with a limited number of employees that “need to know” in order to provide support for the individuals involved in the report and to ensure the safety of the individuals and the College community. While not bound by confidentiality, these employees will be discrete and respect the privacy of all individuals in the process.

Confidentiality means information shared by an individual with designated campus or community professionals cannot be revealed to any other entity without the express written consent of the individual, unless required by law. These campus and community professionals include mental health and health care providers (within established patient-client privilege), ordained clergy, and attorneys (within established professional-client privilege), all of whom must keep information confidential by virtue of their professional role.

C. Requesting a Confidential Report

The reporting party can seek confidential guidance, counsel, or advice from one of the following people:

Name	Title	Phone	Location	Email
Becky Boone	Counselor	828-726-2729	Caldwell Campus, B-144	bboone@cccti.edu
Shannon Brown	Director, Counseling and Advising Services	828-726-2288	Caldwell Campus, F-149	csbrown@cccti.edu
Movita Hurst	Counselor	828-297-2185	Watauga Campus,Student Services	mhurst@cccti.edu
Donovan Kirby	Counselor	828-297-2185	Watauga Campus, Student Services	drkirby@cccti.edu
Kim Lackey	Director, Student Activities	828-726-2301	Caldwell Campus, E-121	klackey@cccti.edu
Jodie Overstrom	Counselor	828-726-2620	Caldwell Campus, F-151	joverstrom@cccti.edu
Tuesday Sigmon	Coordinator, Counseling and Disability Services	828-726-2716	Caldwell Campus, F-150	tsigmon@cccti.edu

If the reporting party reports an incident, but requests confidentiality, the College will evaluate the request in terms of the College’s ability to provide a safe and nondiscriminatory environment for students and employees. The College will take all reasonable steps to investigate and respond to the allegations while keeping the confidentiality of the reporting party and all parties involved, but it may limit the response by the College.

If the reporting party decides not to pursue the allegations, the College will determine if the alleged incident impairs the ability of the College to provide a safe and nondiscriminatory environment for students and employees. The College may decide to proceed with an investigation, even though the reporting party decides not to pursue the allegations, if it determines the incident impairs the ability of the College to provide a safe and nondiscriminatory environment.

If the College decides to proceed with an investigation, or it cannot ensure confidentiality of the reporting party, it will notify the reporting party and all parties involved.

The College will assist any individual who reports conduct incidences to find confidential support services on campus and/or in the community. Such services include advocacy, counseling, academic support, medical support and/or mental health services. Some sources of confidential support can happen without triggering an investigation by the College.

VI. SANCTIONS

The following sanctions may be imposed for those who have violated this policy.

A. Students

1. Verbal or Written Warning

2. Probation 

3. Administrative withdrawal

4. Required Counseling 

5. No Contact Directive

6. Suspension 

7. Expulsion (President must impose)

8. Other consequences deemed appropriate

B. Employees

1. Verbal or Written Warning 

2. Performance Improvement Plan

3. Required Counseling 

4. Required Training or Education

5. Demotion (President must impose) 

6. Suspension with or without Pay (President must impose)

7. Termination (President must impose) 

8. Other consequences deemed appropriate to the specific violation

VII. SUSPENDING PROCEDURES

In cases of emergency or serious misconduct, the College reserves the right to suspend this process and may enact appropriate action for the welfare and safety of the College community.

VIII. PROTECTION AGAINST RETALIATION

Retaliation is strictly prohibited by law against anyone who in good faith reports a suspected violation of campus policy, who assists in making such complaint, or who cooperates in the investigation. Retaliation means taking any adverse action in response to a complaint being made. Written complaints of retaliation should be brought directly to the attention of the Title IX Coordinator, the Vice President, Student Services, or the Director, Human Resources.

The written complaint should specify the following:

A. Name of alleged offender(s)

B. Date, time, and place of the incident 

C. Description of the incident

D. Names of witnesses to the incident

Such complaints will be promptly investigated in a separate investigation from the initial complaint of misconduct. If retaliation is found, the person retaliating will be subject to corrective action up to and including termination from employment, in cases involving employees, or in the case of a student up to and including suspension and/or expulsion.

IX. PROVIDING FALSE INFORMATION

Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials or who intentionally misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The College recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of gender-based harassment, discrimination, and sexual misconduct.

X. LIMITED IMMUNITY

The College encourages the reporting of discrimination, harassment, and sexual misconduct. It is in the best interest of the College community that as many reporting parties as possible choose to report to the Title IX Coordinator, Investigator(s), or Responsible Employees and that witnesses come forward to share what they know. The College does not condone underage drinking or the use of illegal drugs; however, to encourage reporting, an individual who reports, either as a reporting party or a third party witness, will not be subject to disciplinary action by the College for his/her own personal consumption of alcohol or drug use at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

XI. JURISDICTION

A. Time Frame

There are no time limitations for reporting an alleged incident of gender-based or sexual misconduct. However, if the alleged incident is not reported in a timely manner, the College may have difficulty in responding. The College will always provide support for the reporting party regardless when the complaint is made.

B. Location

The College will respond to alleged incidents of gender-based or sexual misconduct when the misconduct occurs on campus, or during a College sponsored event (regardless of location), or when the reporting party or the responding party is a student or an employee. If the responding party is unknown or is not a member of the College community, the Title IX Coordinator will assist the reporting party in identifying appropriate campus resources and/or local authorities if the student would like to file a report.

XII. SEXUAL MISCONDUCT AWARENESS AND RISK REDUCTION

While victim-blaming is never appropriate and CCC&TI fully recognizes that only those who commit sexual misconduct are responsible for their actions, CCC&TI provides the suggestions that follow to help individuals reduce their risk of being victimized and their risk of committing acts of sexual misconduct.

A. Reducing Your Risk of Victimization.

1. Make any limits/boundaries you may have known as early as possible. 

2. Clearly and firmly articulate consent or lack of consent.

3. Remove yourself, if possible, from an aggressor’s physical presence. 

4. Reach out for help, either from someone who is physically nearby or by calling someone. People around you may be waiting for a signal that you need help.

5. Take affirmative responsibility for your alcohol and/or drug consumption. Alcohol and drugs can increase your vulnerability to sexual victimization. 

6. Look out for your friends, and ask them to look out for you. Respect them, and ask them to respect you, but be willing to challenge each other about high-risk choices

B. Reduce Your Risk of Being Accused of Sexual Misconduct.

1. Show your potential partner respect if you are in a position of initiating sexual behavior.

2. If a potential partner says “no,” accept it and don’t push. If you want a “yes,” ask for it, and don’t proceed without clear permission. 

3. Clearly communicate your intentions to your potential sexual partners, and give them a chance to share their intentions and/or boundaries with you.

4. Respect personal boundaries. If you are unsure what’s OK in any interaction, ask. 

5. Avoid ambiguity. Don’t make assumptions about consent, about whether someone is attracted to you, how far you can go with that person, or if the individual is physically and mentally able to consent. If you have questions or are unclear, you don’t have consent.

6. Don’t take advantage of the fact that someone may be under the influence of drugs or alcohol, even if that person chose to become that way. Others’ loss of control does not put you in control. 

7. Be on the lookout for mixed messages. That should be a clear indication to stop and talk about what your potential partner wants or doesn’t want to happen. That person may be undecided about how far to go with you, or you may have misread a previous signal.

8. Respect the timeline for sexual behaviors with which others are comfortable, and understand that they are entitled to change their minds. 

9. Recognize that even if you don’t think you are intimidating in any way, your potential partner may be intimidated by or fearful of you, perhaps because of your sex, physical size, or a position of power or authority you may hold.

10. Do not assume that someone’s silence or passivity is an indication of consent. Pay attention to verbal and non-verbal signals to avoid misreading intentions. 

11. Understand that consent to one type of sexual behavior does not automatically grant consent to other types of sexual behaviors. If you are unsure, stop and ask.

12. Understand that exerting power and control over another through sex is unacceptable conduct.

C. Bystander Intervention.

In order to stand up against sexual harassment/sexual violence, one can:

1. Believe violence is unacceptable and say so 

2. Treat all people with respect

3. Say something when someone blames the victim 

4. Talk with friends about confronting violence 

5. Encourage friends to trust their instincts

6. Be aware of campus and community resources 

7. Don’t laugh at sexist or racist jokes

8. Look out for friends at parties and bars 

9. Educate yourself and friends

10. Use campus resources 

11. Attend awareness events

12. Empower victims to tell their stories

In addition, one can:

1. Report the incident to a school official immediately 

2. Ask a friend in a potentially dangerous situation if he/she wants to leave

3. Make sure the friend gets home safely 

4. Ask the victim what he/she needs 

5. Provide the victim with options

6. Call the campus counselors, community counseling agency, or community crisis center for support

XIII. STUDENT EDUCATION AND ANNUAL TRAINING

A. Students

All students will be offered prevention and awareness seminars on gender-based harassment, discrimination, and sexual misconduct during their CCC&TI orientation. Additional wellness activities are offered during the course of the school year. Such topics include, but are not limited to the bystander effect, bystander intervention, campus contacts, consent, date rape drugs, discrimination, gender stereotypes, men as allies, realities of alcohol, relationships, rights, risks of drugs, sexual misconduct definitions, sexual orientation, signs and signals, and survivor options.

B. Employees

The Title IX Coordinator and investigators will be trained annually on how to appropriately remedy, investigate, render findings, and determine appropriate sanctions in reference to gender-based harassment, discrimination, and sexual misconduct. Responsible employees will be trained on the College’s policies and procedures, and how to respond to incidences involving gender-based harassment, discrimination, and sexual misconduct.