Sexual Harassment

Complainant – an individual who is alleged to have been subjected to conduct that could constitute sexual harassment, as defined in these procedures, and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Sexual Harassment.

Confidential Employee – 1) employees with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and mental health counselors; 2) employees whom the College has specifically designated as Confidential Employees for purposes of providing support and resources to a Complainant; 3) employees conducting human subjects research as part of a study approved by the College’s Institutional Review Board. The College has designated the following as Confidential Employees: The College Counselor.

Consent – knowing, voluntary, and clear permission by word or action to engage in sexual activity. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Consent has not been obtained in situations where the individual: i) is forced, coerced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; ii) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); or iii) has a mental or physical disability which inhibits his/her ability to give consent to sexual activity.

Students shall not steal or damage College property or another individual’s property. Students who are caught stealing or damaging said property will be required to make restitution and may be eligible for civil or criminal prosecution as well as College discipline.

Dating Violence – violence on the basis of sex committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. For purposes of this definition, Date Violence includes but is not limited to sexual or physical abuse or the threat of such abuse.

Domestic Violence – violence on the basis of sex committed by a current or former spouse or intimate partner of the Complainant; by a person with whom the Complainant shares a child in common; by a person with whom the Complainant cohabitates or has cohabitated as a spouse or intimate partner; by a person similarly situated to a spouse of the Complainant under the domestic violence laws of the State; or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic violence laws of the State.

Education Program or Activity – for purposes of these Procedures, this means any locations, events, or circumstances in which the College exercises substantial control over both the Respondent(s) and the context in which the alleged sexual harassment occurs. It also means any building owned or controlled by a student organization that is officially recognized by the College.

Formal Complaint – a verbal or written report alleging sexual harassment against a Respondent that objectively can be understood as a request for the College to investigate the allegation(s) and make a policy violation determination. A Formal Complaint initiates a formal grievance process in which parties are entitled to due process protections. A Formal Complaint is separate and distinct from a Report, which provides only notice to the College of an allegation or concern about sexual harassment and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures.

Informal Resolution – a resolution reached regarding an allegation of sexual harassment without going through the entire formal grievance process. Informal Resolution may include mediation, facilitated dialogue, conflict coaching, restorative justice, or other models of alternative dispute resolution. Informal Resolution cannot be used for a student’s allegation of sexual harassment against a College employee.

Report – notice to the College of an allegation or concern about sexual harassment that provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. When the College receives a Report of alleged sexual harassment, the College is deemed to have knowledge of conduct that reasonably may constitute sexual harassment.

Respondent – an individual who has been reported to engage in conduct that could constitute Sexual Harassment.

Retaliation – to intimidate, threaten, coerce, or discriminate against any person by the College, a student, employee, or a person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by law or policy, or because the person has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.

The exercise of rights protected by the First Amendment does not constitute retaliation. It is also not retaliation for the College to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under these Procedures.

Sexual Assault – an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system.

Sexual Harassment – a form of sex discrimination that means harassment on the basis of sex. Sexual Harassment includes hostile environment harassment; quid pro quo harassment; or any instance of sexual assault, dating violence, domestic violence, or stalking.

Hostile environment harassment is unwelcome sex-based conduct, which based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

Hostile environment harassment is a fact-specific inquiry that includes consideration of the degree to which the conduct affected the Complainant’s ability to access the College’s education program or activity; the type, frequency, and duration of the conduct; the parties’ ages, roles, previous interactions, and other factors that may be relevant; the location of the conduct and the context in which the conduct occurred; and any other sexual harassment in the College’s education program or activity.

Quid pro quo harassment is when a College employee or agent who provides an aid, benefit, or service under the College’s education program or activity and explicitly or impliedly conditions the provision of such aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Stalking – engaging in a course of conduct on the basis of sex, directed at the Complainant, which would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress.

For purposes of this definition, “course of conduct” means two or more acts, including but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Students shall not steal or damage College property or another individual’s property. Students who are caught stealing or damaging said property will be required to make restitution and may be eligible for civil or criminal prosecution as well as College discipline.

Students are trespassing if in an unauthorized area of the College campus; present on the College campus after closing hours (without permission); or remaining on the College campus after having been directed to leave by a College official.

Standard of Evidence – the College uses the preponderance of the evidence as the standard for proof of whether a violation of this policy has occurred. In the student due process hearing and employee grievance process, legal terms like “guilt”, “innocence”, and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the Respondent either “responsible” or “not responsible” for violating these Procedures.

Supportive Measures – individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party that are offered to restore or preserve educational access, protect safety, or deter sexual harassment. Examples of support measures are referral to counseling, medical, or other healthcare services; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; leaves of absences; increased security and monitoring of certain areas of the College; and other similar measures.

Title IX Coordinator – for purposes of these Procedures, the Title IX Coordinator refers to Hollie Ritter, Counselor. The Title IX Coordinator’s office is in the Counseling Center in Building 100. The phone number is (910) 898-9619 and the email is ritterh0865@montgomery.edu.

These Procedures apply to the conduct of and protect:

1. College students and applicants for admission into the College;
   BB. College employees and applicants for employment;
   CC. College student organizations; and
   DD. Third parties participating or attempting to participate in a College education program or activity.

These procedures apply to conduct that occurs in any College Education Program or Activity or under circumstances where the College has disciplinary authority and of which the College has knowledge.

When a party is participating in a dual enrollment program, the College will coordinate with the party’s school district to determine jurisdiction and coordinate providing supportive measures based on the allegations and identities of the parties.

Individuals may report sexual harassment directly to local law enforcement agencies by dialing 911. Individuals who make a criminal allegation may also choose to pursue the College’s grievance procedure simultaneously. A criminal investigation into the matter does not release the College from its obligation to conduct its own investigation (nor is a criminal investigation determinative of whether sexual harassment has occurred). However, the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence. In the event of such a delay, the College must make available supportive measures when necessary to protect the parties and/or the College community.

Individuals may choose not to report alleged sexual harassment to law enforcement authorities. The College respects and supports individuals’ decisions regarding reporting; nevertheless, the College may notify appropriate law enforcement authorities if legally required or warranted by the nature of the allegations.

The College’s Title IX Coordinator oversees compliance with these Procedures and Title IX regulations. Questions about these Procedures should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to sexual harassment may do so by reporting the concern to the College’s Title IX Coordinator in person, by mail, by telephone, by email, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report of alleged sexual harassment.

The College’s Title IX Coordinator is Hollie Ritter, the College Counselor.

For sexual harassment incidents between students and employees, the Title IX Coordinator will work in partnership with the Director of Human Resources to investigate and resolve the allegations.

All reports of Sexual Misconduct incidents solely between employees should be reported to the Director of Human Resources.
The College’s Director of Human Resources is Mrs. Amy Goodwin.

All College employees, including student-employees, other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected sexual harassment to appropriate officials immediately. Failure of a Mandated Reporter to report an incident of sexual harassment of which they became aware is a violation of College Policy and may subject the employee to disciplinary action.

Confidential Employees designated by the College are not required to report actual or suspected sexual harassment. Confidential Employees must, however, provide a Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency unless otherwise required by law.

Concerns about the College’s application of these Procedures and compliance with certain federal civil rights laws may be addressed to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Email: OCR@ed.gov
Phone: (202) 453-6012

Equal Employment Opportunity Commission (EEOC)
131 M Street, NE
Washington, D.C. 20507
Email: info@eeoc.gov
Phone: 1-800-669-4000