Clark State Community 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 on the basis of sex, which includes all forms of sexual misconduct.
Sex discrimination violates an individual’s fundamental rights and personal dignity. Clark State Community College considers sex discrimination in all its forms to be a serious offense. This policy refers to all forms of sex discrimination, including but not limited to: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties.
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. 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.
Clark State Community College does not discriminate on the basis of race, color, sex, gender, ethnicity, religion, national origin, sexual orientation, ancestry, age, marital status, veteran status, socio-economic status, gender expression, gender identity, pregnancy or physical or mental disability 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.
Clark State Community 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.
- Coercion: The use of pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. An individual’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’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.
- Complainant: The individual who initiates a complaint or report regarding conduct which falls under this policy.
- 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.
- Dating Violence: Violence or threat of violence by an individual who has been in a social relationship of a romantic or intimate nature with the complainant. Whether there was 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.
- Domestic Violence: Conduct that would meet the definition of a felony or misdemeanor crime of violence committed by the complainant’s current or former spouse or intimate partner, an individual with whom the complainant shares a child in common, an individual who is or has cohabitated with the complainant as a spouse or intimate partner, or individual similarly situated to a spouse under domestic or family violence law, or anyone else protected under the domestic or family violence law of the jurisdiction in which the offense occurred.
- Gender Expression: How an individual presents themselves (female, male, androgynous, or as another gender) as evidenced by their manner of dress, speech or other physical expression.
- Gender Identity: Individual’s internal knowledge of their own gender. An individual may identify as a gender that does or does not appear to correspond to the sex (male or female) assigned to that individual at birth, or the individual may identify as neither female nor male.
- 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.
- 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 an individual’s decision-making capacity, awareness of consequences, and ability to make informed judgments.
- Non-Consensual Sexual Contact: Any intentional sexual touching, however slight, with any body part or object, by any individual 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.
- Non-Consensual Sexual Intercourse: Any sexual penetration, however slight, with any body part or object, by any individual 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.
- Respondent: The individual who is alleged to have engaged in behavior in violation of this policy.
- Retaliation: An adverse action taken against an individual because of that individual’s participation in a protected activity. The College strictly prohibits retaliation against any individual for making any good faith report or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of discrimination in violation of this policy.
- Sexual Assault: Non-consensual sexual contact and non-consensual sexual intercourse.
- Sex Discrimination: Occurs when an individual 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.
- Sexual Exploitation: Occurs when an individual takes non-consensual or abusive sexual advantage or benefit, or to benefit or advantage anyone other than the individual being exploited, and that behavior does not otherwise constitute one of the other sexual violence offenses.
Examples of sexual exploitation include, but are not limited to:
- Exposing one’s genitals to another individual without consent;
- Prostituting another individual;
- Non-consensual video- or audio-recording or photographing of sexual activity;
- Going beyond the boundaries of consent (such as permitting others to observe you having consensual sex with an individual who is not aware of the observation);
- Knowingly exposing another individual to a sexually transmitted infection or virus without the other individual’s knowledge and consent.
- Sexual Misconduct: Broad range of unwelcome behaviors focused on sex and/or gender that may or may not be sexual in nature.
- Sexual Harassment: Unwelcome conduct of a sexual nature. It includes unwelcome and unwanted sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature when one or more of the following conditions are present:
- Quid pro quo: Submission to such conduct is made explicitly or implicitly a term or condition of instruction, employment, or participation in any College activity; Submission to or rejection of this conduct by an individual is used explicitly or implicitly as a factor in academic or personnel decisions affecting the individual;
- Hostile environment: Such conduct is sufficiently serious that it unreasonably interferes with or limits an individual’s ability to participate in or benefit from the employment or educational environment or creates an intimidating, hostile, or offensive working or educational environment.
Examples of sexual harassment include but are not limited to unwanted sexual advances; promising, directly or indirectly, a student or employee a reward, if the student or employee complies with a sexually oriented request; repeated and unwelcome sexual flirtation, advances; direct propositions of a sexual nature; verbal abuse of a sexual nature; prowess or sexual deficiencies; leering, whistling, touching, pinching, patting, physical assault; coerced sexual acts; suggestive, insulting, obscene comments or gestures; sexually explicit statements, jokes, or anecdotes; and displaying pornographic or sexually oriented materials.
- Sexual Violence: Physical sexual acts perpetrated against an individual’s will or when an individual is incapable of giving consent.
- Stalking: A course of conduct directed at a specific individual that would cause a reasonable person under similar circumstances and with similar identities to the complainant to fear for her, his, or others’ safety, or to suffer substantial emotional distress. A course of conduct includes two or more acts, including but not limited to, those in which the alleged perpetrator directly , indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the complainant, or interferes with the complainant’s property.
This policy applies to all the following individuals, including those who may be minors:
- Non-Exempt and Exempt Staff employees
- Faculty and Adjunct Faculty
- Temporary Employees
- Vendors, Visitors, and other Third Parties
The College will not tolerate sex 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 sex harassment and shall take any action it deems appropriate after evaluating all of the circumstances. The College encourages reporting of all incidents of sex harassment, regardless of the age of the complainant or respondent, or who the offender may be, in accordance with established administrative procedures.
This policy shall be administered as set forth in the associated procedures.
The office of human resources shall be assigned the responsibility of developing, implementing, and maintaining the sex discrimination and title IX policy and procedures.