Sexual Misconduct Procedure for Employees, Students and Volunteers

Board Policy (BP) 3-120 Affirmative Action/Anti-Discrimination; BP 4-120 Prohibition of Discrimination or Harassment; System President’s Procedure (SP) 3-120a and SP 4-120a Sexual Misconduct Procedure; SP 3-50b and SP 4-31a Civil Rights Grievance and Investigation Process for Employees and Students         

This procedure applies to all Administrators/Professional Technical employees, Faculty and Adjunct Instructors, Classified employees (CCCS employees), students, authorized volunteers, guests and visitors within the Colorado Community College System (CCCS).  

Application

When the accused party (respondent) to a discrimination and/or harassment complaint is a student within the Colorado Community College System (CCCS) System President’s Procedure (SP) 4-31a will apply.

When the respondent to a discrimination and/or harassment complaint is an Administrator/Professional Technical employee(s), Faculty and Adjunct Instructor(s), Classified employee(s), hourly employee(s), which would include student hourly’s and work-study’s (CCCS employees), authorized volunteer(s), guest(s) or visitor(s) within CCCS, SP 3-50b will apply.

Basis

Board Policy (BP) 3-120 and BP 4-120 provides that RRCC employees and students shall not be subjected to unlawful discrimination and/or harassment on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, genetic information, gender identity, or sexual orientation in its employment practices or educational programs and activities.

https://www.cccs.edu/bp-3-120-affirmative-action-anti-discrimination/

https://www.cccs.edu/bp-4-120-prohibition-of-discrimination-or-harassment/

When a complainant(s) and respondent(s) are employees, authorized volunteers, guests or visitors, RRCC will comply with Title VII of the Civil Rights Act of 1964. When a complainant(s) and/or respondent(s) is a student, RRCC will comply with Title IX of the Education Amendments of 1972 (Title IX).

Procedure: This RRCC  procedure should be applied to all civil rights grievances.

Please refer to: http://www.rrcc.edu/human-resources/procedures/RRPR3-50b

Introduction:

The RRCC community has the right to be free from sexual violence. All members of the RRCC community are expected to conduct themselves in a manner that does not infringe upon the rights of others. RRCC believes in a zero tolerance policy for sex/gender-based misconduct. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a respondent is found to have violated this policy, serious sanctions will be implemented to reasonably ensure that such actions are never repeated. This procedure has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This procedure is intended to define RRCC expectations and to establish a mechanism for determining when those expectations have been violated. 

Definitions:

Complainant(s) is a person who is subject to the alleged sex misconduct or related retaliation. For purposed of this procedure, a complainant can be an RRCC Employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).

Respondent is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be an RRCC Employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s). 

Sexual Misconduct offenses 1 include, but are not limited to:

• Sexual Harassment
• Non-Consensual Sexual Contact (or attempts to commit same)
• Non-Consensual Sexual Intercourse (or attempts to commit same)
• Sexual Exploitation

Sexual Harassment is:

• unwelcome, gender-based verbal or physical conduct that is,
• sufficiently severe, persistent, or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone the ability to participate in or benefit from RRCC’s educational program and/or activities, or work activities, and 
• the unwelcome behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

There are three types of Sexual Harassment:

• 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 action; or
  • affects the terms or conditions of education or employment, or activities with the college.

• 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) and an 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 are not limited to:

• the frequency of the conduct;
• the nature and severity of the conduct;
• whether the conduct was physically threatening;
• whether the conduct was humiliating;
• the effect of the conduct on the alleged victim’s mental or emotional state;
• whether the conduct was directed at more than one person;
• whether the conduct arose in the context of other discriminatory conduct;
• whether the conduct unreasonably interfered with the alleged victim’s educational or work performance;
•  whether a statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness;
• whether the speech or conduct deserves the protections of the 1st Amendment.    

Discrimination is any distinction, preference, advantage for or detriment to an individual compared to others that is:

based upon an individual’s actual or perceived sex/gender, race, color, age,creed, national or ethnic origin, physical or mental disability, veteran status,pregnancy status, religion, genetic information, gender identity, or sexual orientation, that is so severe, persistent or pervasive, and that unreasonably interferes with or limits:

• Employee’s employment conditions or deprives the individual of employment access or benefits.

• Student’s ability to participate in, access, or benefit from the college’s educational program or activities.

• Authorized volunteers’ ability to participate in the volunteer activity.

• Guests and visitors’ ability to participate in, access, or benefit from the college’s programs.

Discriminatory Harassment is detrimental action based on:

an individual’s actual or perceived sex/gender, race,color, age, creed, national or ethnic origin, physical or mental disability, veteran

status, pregnancy status, religion, genetic information, gender identity, or sexual orientation, which is:

• severe, persistent or pervasive that it unreasonably interferes with or limits:

• Employee’s employment conditions or deprives the individual of employment access or benefits.

• Student’s ability to participate in, access, or benefit from the college’s educational program or activities.

• Authorized volunteers’ ability to participate in the volunteer activity.

• Guests and visitors’ ability to participate in, access, or benefit from the college’s programs.

Retaliatory Harassment is:

any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination or sexual misconduct. 

Examples of Sexual Harassment include, but are not limited to:

• An attempt to coerce an unwilling person into a sexual relationship.
• To repeatedly subject a person to egregious, unwelcome sexual attention.
• To punish a refusal to comply with a sexual based request.
• To condition a benefit on submitting to sexual advances.
• Sexual violence which is defined as threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person.
• Violence between those in an intimate relationship.
• Stalking that is gender-based which is defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.
• Gender-based bullying which is defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (excluding speech or conduct otherwise protected by the 1st Amendment).
• Gender expression/stereotyping which is defined as simplistic generalizations about gender attributes, differences, and roles of individuals and/or groups. Stereotypes rarely communicate accurate information about others.  When people automatically apply gender assumptions to others regardless of evidence to the contrary, they are perpetuating gender stereotyping.
• Hazing which is defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community on the basis of gender, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity.
• Discrimination which is defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender.
• Intimidation that is gender-based which is defined as implied threats or acts that cause a reasonable fear of harm in another.

While a particular interaction must be offensive to both a reasonable person and to the complainant to be defined as harassment, RRCC employees and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions. Harassment is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the institution.

It is the policy of the State Board for Community Colleges and Occupational Education that none of its employees or its Board members shall engage in any activity or relationship that places them in a conflict of interest between their official activities and any other interest or obligation. Conflict of interest requires all employees to disqualify themselves from participating in a decision when a personal interest is present; therefore, SP 3-70a, Relationships, requires all employees involved in an amorous relationship to excuse themselves from any authority or evaluative role with respect to the other person. Please refer to SP 3-70a for more information and disclosure requirements.

http://www.cccs.edu/wp-content/uploads/2013/09/SP3-20a.pdf

Non-consensual sexual contact is:

• any intentional sexual touching,
• however slight,
• with any object,
• by any individual upon any individual,
• that is without consent and/or by force

Non-consensual sexual intercourse is:

• any sexual penetration
• however slight,
• with any object,
• by any individual upon any individual,
• that is without consent and/or by force.

Consent must be clear, knowing and voluntary.  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.  Also, in order to give effective consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.  Previous relationships or prior consent cannot imply consent to future sexual acts.

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 overcomes resistance or produces consent.

Coercion is unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  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. 

Sexual activity with someone whom one should know to be—or based on the circumstances should reasonably have known to be—mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this procedure. 

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent.  Incapacitation could result from mental disability, sleep, involuntary physical restraint, or from the ingestion of rape drugs.  Possession, use and/or distribution of any of these substances, including, but not limited to Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/  Having sex with someone whom you know to be, or should know to be, incapacitated (mentally or physically) is a violation of this procedure.   

Use of alcohol or other drugs will never function as a defense to a violation of this procedure.   

Sexual exploitation occurs when anyone takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. 

Examples of sexual exploitation include, but are not limited to:

• Invasion of sexual privacy.
• Prostituting another person.
• Non-consensual video or audio-taping of sexual activity.
• Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex).
• Engaging in voyeurism.
• Knowingly transmitting a sexually transmitted infection (STI) or human immunodeficiency virus (HIV) to another person.
• Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals.
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.
• Viewing or possessing child or adult pornography at work or on college owned property. 

Title IX Coordinator(s) is the employee designated by the college president to oversee all civil rights complaints, including sexual misconduct, when students are complainants and/or respondents. The RRCC Title IX Coordinator’s responsibilities include, but need not be limited to:

• Contact for government inquiries;
• Point person for all civil rights complaints involving a student as complainant and/or respondent;
• Creator and implementer of appropriate procedures;
• Assurance of 1st Amendment protection;
• Prevention and remediation of stalking;
• Prevention and remediation of intimate partner and relationship violence;
• Prevention and remediation of bullying and cyberbullying;
• Oversight and coordination of prompt and equitable grievance procedures;
• Coordinator of the interaction of multiple student and employee grievance processes;
• Supervisor of investigations;
• Compliance auditor; and
• Trainer or convener of broad training requirements for RRCC employees, boards, investigators and appeals officers. 

The Title VI and Title VII/Equal Opportunity Coordinator(s) (EO Coordinator) is the employee designated by the college president to oversee all civil rights complaints, including sexual misconduct, when employees are both the complainant and the respondent. The EO Coordinator’s responsibilities include, but need not be limited to:

• Contact for government inquiries;
• Point person for all civil rights complaints involving employees as complainant and respondent;
• Creator and implementer of appropriate procedures;
• Assurance of 1st Amendment protection;
• Prevention and remediation of stalking;
• Prevention and remediation of intimate partner and relationship violence;
• Prevention and remediation of bullying and cyberbullying;
• Oversight and coordination of prompt and equitable grievance procedures;
• Coordinator of the interaction of multiple student and employee grievance processes;
• Supervisor of investigations;
• Compliance auditor; and
• Trainer or convener of broad training requirements for RRCC employees, boards, investigators and appeals officers.

Jurisdiction - College grievance proceedings may be instituted over incidences that occur or are related to College or college-sanctioned activities or was of such a nature to impact upon the college.

Complaint Procedures

RRCC can only respond to allegations of misconduct if it is aware of the misconduct. Further, RRCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee, student, authorized volunteer, guest or visitor who believes that he or she has been subjected to sexual misconduct, or believes someone else a part of the RRCC community is being subjected to sexual misconduct, shall contact:

• The Title IX Coordinator(s) when the alleged victim and/or respondent is a student.
• The EO Coordinator(s) when the alleged victim and the respondent are a composition of employees, authorized volunteer, guests or visitors.

Anyone can request advice and information about possible ways to proceed and to put the college on notice. 

RRCC shall investigate complaints pursuant to SP 3-50a and RRPR 3-50a and SP 4-31a, Civil Rights Grievance and Investigation Process for Employees and Students. 

http://www.rrcc.edu/hr/policies/procedures/RRPR3-50b.htm

http://www.cccs.edu/wp-content/uploads/2013/09/SP-3-50a.pdf

https://www.cccs.edu/wp-content/uploads/documents/SP4-31.pdf

To Report a Complaint Confidentially

If one desires that details of the incident be kept confidential, they should speak with the RRCC mental health counselors or off-campus rape crisis resources who can maintain confidentiality. The RRCC mental health counselors are available to help you free of charge, and can be seen on emergency basis. In addition, you may speak on and off-campus with members of the clergy and chaplains, who will also keep reports made to them confidential. 

More information is available on the RRCC Counseling Services page.

Reporting an Incident of Sexual Misconduct

Employee’s Obligation to Report

RRCC employees have an ethical obligation to report any incidences they are aware of concerning discrimination and/or harassment. If the employee is unsure, s/he may direct their questions to the Human Resources director at the college. Failure to report will be considered a violation of BP 3-70, Colorado Community College System Code of Ethics, and may result in discipline, up to and including termination.

Reporting a Complaint

In order to take appropriate corrective action, RRCC must be aware of discrimination, harassment and related retaliation that occurs in RRCC employment and educational programs or activities. Therefore, anyone who believes s/he has experienced or witnessed discrimination, harassment or related retaliation should promptly report such behavior to the Title IX and/or EO Coordinator.  The Title IX/EO Coordinator contact information for RRCC is:

Deborah Houser
Assistant Director of Human Resources
Deputy Title IX Coordinator
Red Rocks Community College
13300 West Sixth Avenue
Lakewood, CO 80228
303.914.6224
deborah.houser@rrcc.edu

Clery Act-Federal Statistical Reporting Obligations

Certain campus officials have a duty to report criminal misconduct, including sexual misconduct, for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Clery Act-Federal Timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.

For more information on Clery Act reporting requirements please contact the Interim Chief of Police Anthony Schaller, 13300 West Sixth Avenue, Lakewood, CO, 80228. 303.914.6498.  anthony.schaller@rrcc.edu

Initial Response to Allegations of Sexual Misconduct

RRCC reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect employee and students’ rights and personal safety. Such measures include, but are not limited to:

• For employees, interim work reassignment, and administrative leave from the college pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located.
• For students, modification of living arrangements, class schedule reassignment, interim suspension from the college pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located. 
• For authorized volunteers, interim volunteer reassignment or removal from volunteering pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located. 
• For guests or visitors, the college may issue a no-trespass order and report the matter to the local police in the jurisdiction where the college is located. 

Sanction Statement

Not all forms of sexual misconduct will be deemed to be equally serious offenses, and RRCC reserves the right to impose different sanctions, ranging from verbal warning to expulsion, dismissal, termination, or no-trespass order, depending on the severity of the offense. RRCC will consider the concerns and rights of both the complainant and the respondent.   

Employees found to be in violation of the sexual misconduct procedure will be sanctioned up to and including termination. All sanctioning will be in accordance with the policies, procedures, and rules that govern.

Employees found to have had actual knowledge of any sexual misconduct incidences and fails to report may be sanctioned up to and including termination. All sanctioning will be in accordance with the policies, procedures, and rules that govern.

Students found to be in violation of the sexual misconduct procedure will be sanctioned up to and including expulsion. All sanctioning will be in accordance with the policies, procedures, and rules that govern. 

An authorized volunteer in violation of the sexual misconduct procedure will be dismissed from their volunteer duties to the college.

Guests or visitors found in violation of the sexual misconduct procedure will be issued a no-trespass order stating s/he will no longer be allowed on the college campus.   

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident of sexual misconduct, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct.   

Revising this Procedure

This procedure defines and prohibits harassment on the basis of federal and state law as interpreted by the courts. If statutory provisions, regulatory guidance, or court interpretations change or conflict with this procedure, the procedure can be deemed amended as of the time of the decision, ruling or legislative enactment to assure continued compliance.

RRCC reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.