- Policy Statement
- Scope of Policy
- Campus Procedures for Responding to Sexual Assault
- Resolution Process
- Rights & Responsibilities
- Confidentiality of Reports of Sexual Harassment and Sexual Violence
- Retention of Records Regarding Reports of Sexual Harassment, Sexual Violence and Stalking
This section outlines the policy each campus follows when responding to reports of domestic violence, dating violence, sexual assault, or stalking. It assumes that the incident occurred on or near campus at an official College function or on College owned or controlled property.
Scope of Policy
This policy applies to all faculty, staff, students and visitors on CCSNH and College property.
Campus Safety & Security departments, Student Affairs, and the office of Risk Management will develop a plan annually with attendant programs to present a comprehensive prevention and awareness campaign to incoming students and faculty.
The federal Equal Employment Opportunity Commission (EEOC) investigates complaints of unlawful harassment, including sexual violence, in employment. The U.S. Department of Education Office for Civil Rights (OCR) investigates complaints of unlawful harassment and sexual violence by students in educational programs or activities. These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties. For more information, contact the nearest office of the EEOC or OCR.
- Consent is defined as defined as voluntary, positive agreement between the participants to engage in specific sexual activity. An individual cannot give legal consent if the person is temporarily or permanently impaired by mental and/or physical deficiency, disability, illness, or by the use of drugs or alcohol to the extent he or she lacks sufficient understanding to make rational decisions or engage in responsible actions.
- Domestic Violence is defined as an act committed by a person involved in an intimate relationship against the other member of the intimate relationship. An intimate relationship includes those persons who are married or unmarried, persons who are in dating relationships, including same sex couples, even if there is no sexual relationship.
- A Sexual Offense is a sexual act that is committed without the consent of the victim. A sexual offense shall include but not be limited to situations where the victim is unable to provide consent because he or she is a minor (less than 17), physically helpless, mentally incapacitated, mentally impaired or unconscious due to alcohol or drug consumption, whether or not the consumption was with the victim’s consent.
- Rape is nonconsensual sexual intercourse perpetrated by coercion, intimidation, threat or physical force, either threatened or actual. Rape also occurs when the victim is incapable of giving legal consent because the victim is less than 17 years of age, mentally incapacitated or incompetent, physically helpless, including drug or alcohol consumption or asleep.
- Acquaintance/Date Rape is defined as sexual intercourse undertaken by a person known to the victim without consent. Acquaintance/Date Rape includes sexual intercourse that occurs through force, as a result of threats, physical restraint or physical violence with or without consent.
- Stalking is when one person engages in a course of conduct which is directed at a specific person and that course of conduct causes that person to be in fear of harm to him/her, his/her safety, his/her property, a member of his/her immediate family, or an acquaintance. Cyber stalking is a form of stalking which can include, but is not limited to, phone, text, IM, Facebook, etc.
Campus Procedures for Responding to Sexual Assault
- When an incident is reported to any CCSNH employee on campus, the person to whom the report is made shall communicate the report to campus security and/or the College President or designee who will then inform the student of her or his option to notify local law enforcement authorities. The student shall also be informed of the importance of preserving evidence required for proof of possible criminal activity, and of the availability of the institutional personnel to assist the student in notifying the authorities of the incident, upon the student’s request. Finally, the student shall also be informed of the existing on- and off-campus counseling, mental health, and other student services.
- If the student is willing to report the incident to the campus security, she or he is informed that physical evidence can be collected at the same time as medical care is provided, but that medical evidence for a criminal prosecution cannot be collected without a report being made to the police.
- Although the student is not required to notify any law enforcement authority regarding the incident, the person to whom the report is made shall contact campus security to inform them that an incident of domestic violence, dating violence, sexual assault, or stalking may have occurred. Campus security in turn shall notify the CCSNH and College Title IX Compliance Officer, who are responsible for coordinating the campus’ response to the incident. Licensed mental health workers, who learn about sexual assault as part of their professional roles, are required to maintain confidentiality. Hence only anonymous summary statistical information will be reported.
- After campus security is contacted, a security officer will be dispatched to take the report. The student may request a male or female officer to take the report, and this request will be accommodated whenever possible.
- If the student is unwilling to report the matter to the police or to be transported to the hospital by the police, she or he is then urged to seek assistance immediately from College Health Services for coordination of medical care and assistance, counseling, and other available support alternatives.
- The student may request changes in her or his academic or living situation or in that of an alleged assailant, after the student has made a report of an assault, and the campus shall grant any reasonable request for such change.
- When a student reports being a victim of domestic violence, dating violence, sexual assault, or stalking by another student, the College will conduct an investigation and determine if College policies were violated. Depending on the circumstances, the College may impose interim protections and remedies (e.g., an interim suspension) according to the Student Code of Conduct during the College’s investigation of the domestic violence, dating violence, sexual assault, or stalking allegations.
- At the conclusion of its investigation, the investigator will forward findings to the Judicial Advisor. After receiving the results of the investigation, the Judicial Advisor will determine whether or not to charge the responding student with a potential violation of the Student Code of Conduct, and communicate that decision in writing.
When student conduct charges are brought against a student by the College, the case shall be resolved according to the CCSNH Student Code of Conduct and Judicial Process;
- Please note that all incidents reported regarding domestic violence, dating violence, sexual assault, or stalking are forwarded to the VPSA or designee who will identify the appropriate investigator to complete the investigation. The conduct process is suspended until the conclusion of the investigation.
- A prompt, fair, impartial investigation and resolution will be provided;
- The CCSNH incident resolution process must be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- When student conduct charges are brought against a student by the College, the case shall be resolved according to the CCSNH Student Code of Conduct and Judicial Process;
Rights & Responsibilities
- The responding individual is entitled to due process and will be given notice and a full opportunity to respond to the allegation made against her or him.
- Both the reporting student and responding student can have an advisor of choice to assist them throughout the process and is entitled to information about campus policies and procedures that will be followed to address the issues.
- In cases involving allegations of domestic violence, dating violence, sexual assault, or stalking, both the reporting student and responding student will receive simultaneous written notice of the outcome of the CCSNH resolution process.
- In cases involving allegations of domestic violence, dating violence, sexual assault, or stalking, both the reporting student and the responding student have the *right to appeal* an administrative decision or formal hearing outcome.
- When a student who reports being sexually assaulted and files charges with the local Police Department, the criminal investigation and the campus administrative investigation are coordinated but independently conducted, on a case-by-case basis.
Confidentiality of Reports of Sexual Harassment and Sexual Violence
- Each campus location shall identify confidential resources with whom members of the College community can consult for advice and information regarding making a report of sexual harassment or sexual violence. These resources provide individuals who may be interested in bringing a report of sexual harassment or sexual violence with a safe place to discuss their concerns and learn about the procedures and potential outcomes involved. These resources shall be posted on the campus website. Confidential resources include campus ombudspersons and/or licensed counselors in employee assistance programs or student counseling centers. Individuals who consult with confidential resources shall be advised that their discussions in these settings are not considered reports of sexual harassment or sexual violence and that without additional action by the individual, the discussions will not result in any action by the College to resolve their concerns.
- Campuses shall notify the College community that certain College employees, such as the CCSNH Title IX Officer (Sexual Harassment Officer), managers, supervisors, and other designated employees have an obligation to respond to reports of sexual harassment or sexual violence, even if the individual making the report requests that no action be taken. An individual’s requests regarding the confidentiality of reports of sexual harassment or sexual violence will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the College’s legal obligation to ensure a working and learning environment free from sexual harassment and sexual violence and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the College will comply with requests for confidentiality to the extent possible.
Retention of Records Regarding Reports of Sexual Harassment, Sexual Violence and Stalking
The CCSNH Title IX Officer or designee is responsible for maintaining records relating to sexual harassment and sexual violence reports, investigations, and resolutions. Records shall be maintained in accordance with CCSNH records policies. All records pertaining to pending litigation or a request for records shall be maintained in accordance with instructions from legal counsel.