Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Definitions
All of the acts covered by Title IX are not only a criminal violation that should be handled by the authorities, but they are also civil rights violations that should be handled by the educational institution.
ADA, Title VI, and Title VII Coordinator (EO Coordinator) and Title IX Coordinator(s) >
The employee(s) designated at each College and the System Office to oversee all civil rights, including sexual misconduct, complaints. A “Deputy” EO and Title IX Coordinator may also be designated to act on behalf of the Coordinator. Allreferences in policies and procedures to the Coordinator include the Deputy Coordinator.
Complainant >
The Complainant is a person who is subject to alleged inappropriate or unlawful civil rights behavior. For purposes of this procedure, a Complainant can be a CCCS employee, student, authorized volunteer, guest, or visitor.
Disciplinary Authority >
Disciplinary Authority is the individual with authority, or delegated authority, to impose discipline upon a Respondent.
Force >
Force is the use of physical violence and/or imposing on someone physically to engage in sexual activity. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance.
Hostile Environment >
Hostile Environment occurs when a person is subjected to verbal or physical conduct based on a protected class that is sufficiently severe, persistent or pervasive, and objectively offensive to alter the conditions of a person’s employment or unreasonably interfere with a person’s ability to participate in or benefit from CCCS educational programs or activities, from both a subjective and objective viewpoint.
Incapacitation >
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 or physical disability, sleep, unconsciousness, involuntary physical restraint, being underage, or from the ingestion of drugs or alcohol.
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, is a form of Sexual Misconduct.
Use of alcohol or other drugs will never function as a defense to a violation of this procedure.
Jurisdiction >
Jurisdiction applies to behaviors that take place on a CCCS campus, at CCCS sponsored events, and may also apply to off-campus and online behavior when the Title IX/EO Coordinator determines that the off-campus or online behavior affects a substantial CCCS interest.
Respondent >
Respondent is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a Respondent can be a CCCS employee, authorized volunteer, guest, visitor, or student.
Supportive Measures >
Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to educational and employment programs and/or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational/employment environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. CCCS will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of CCCS to provide the supportive measures. The Title IX/EO Coordinator is responsible for coordinating the effective implementation of supportive measures.
Coercion >
In the context of Sexual Misconduct, 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 a person makes it objectively clear that they do not want to engage in sexual activity, 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.
Consent >
Consent for sexual activity 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 demonstrate permission, based on an objective standard, regarding willingness to engage in (and the conditions of) sexual activity. Further, consent to any one form of sexual activity does not automatically imply consent to any other forms of sexual activity. Previous sexual activity or prior consent do not imply consent to future sexual acts. The consideration of prior, irrelevant sexual conduct, except relating to a prior relationship or history between the parties if relevant to some material issue in the process, is prohibited.
Discrimination >
Discrimination is any distinction, preference, advantage, or detriment given to a person based on one or more actual or perceived protected classes.
Harassment >
Harassment is a form of Discrimination that includes Quid Pro Quo and Hostile Environment.
Investigator >
Investigator is a person charged to investigate the civil rights complaint by the Title IX/EO Coordinator.
Quid Pro Quo >
Quid Pro Quo is a type of Sexual Harassment that exists when an employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct, such as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Retaliation >
Retaliation is any adverse employment or educational action taken against a person because of the person’s participation, or perceived participation, in a complaint or investigation of discrimination and/or harassment. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege provided by applicable civil rights laws, policies and procedures.
Other Civil Rights Offenses >
Other Civil Rights Offenses include, but are not limited to, the following,when the act is based upon one or more actual or perceived protected classes:
Sexual Misconduct >
Sexual Misconduct is a type of prohibited discrimination based on sex and includes, but is not limited to:
Sexual Harassment, which may be in the form of Hostile Environment, Quid Pro Quo, Sexual Assault, Dating Violence, Domestic Violence or Stalking, as those terms are defined herein.
Non-Consensual Sexual Contact/Sexual Assault (or attempts to commit same), which is any intentional sexual touching, however slight, with any body part or object, by any individual upon any individual, that is performed without consent. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Sexual assault also includes any nonconsensual sexual act proscribed by federal or state law, including when the victim lacks capacity to consent.
Non-ConsensualSexual Intercourse/Rape (or attempts to commit same), which is any sexual penetration, no matter how slight, with any body part or object, or oral penetration by a sex organ of another person, without consent.
Dating Violence, which is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. There is no Colorado state law on dating violence; therefore, CCCS abides by the definition used in the Violence Against Women Reauthorization Act (VAWA) of 2013.
· Dating violence is violence and abuse committed by a person to exert power and control over a current or former dating partner. · Dating violence often involves a pattern of escalating violence and abuse over a period of time. Dating violence covers a variety of actions, and can include physical abuse, physiological and emotional abuse, and sexual abuse. It can also include “digital abuse”, the use of technology, such as smartphones, the internet, or social media, to intimidate, harass, threaten, or isolate a victim.
Domestic Violence, which includes any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic Violence also includes any other crime against a person or property, including an animal or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. C.R.S. 18-6-800.3. Domestic violence further includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Colorado, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Colorado.
· Domestic violence is a pattern of abusive behavior in a relationship that is used by one partner to maintain power and control over another current or former intimate partner. . Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behavior that intimidates, manipulates, humiliates, isolates, frightens, terrorizes, coerces, threatens, hurts, injures, or wounds someone.
Stalking, which is directly or indirectly through another person, is knowingly: · Making a credible threat to another person and, in connection with the threat, repeatedly following, approaching, contacting, or placing under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or · Making a credible threat to another person and, in connection with the threat, repeatedly making any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or · Repeatedly following, approaching, contacting, placing under surveillance, or making any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. C.R.S. 18-3-602. · 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 frightening communications, direct orindirect threats, and harassing a victim through the internet. · Stalking also includes engaging in a course of conduct directed at a specific person that would cause a reasonable person tofear for their safety or the safety of others or suffer substantial emotionaldistress.
Sexual Exploitation, which occurs when a person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples include invasion of sexual privacy, prostituting another person, non-consensual recording of sexual activity, going beyond the boundaries of consent, engaging in voyeurism, knowingly transmitting a sexually transmitted infection or disease to another, exposing one’s genitals orinducing another to expose their genitals, possession or viewing of pornography on CCCS property or at CCCS activities, or sexually based bullying.
Threatening orcausing physical harm, verbal abuse, or other conduct which threatens orendangers the health or safety of any person.
Intimidation,defined as implied threats or acts that cause an unreasonable fear of harm inanother.
Hazing,defined as acts likely to cause physical or psychological harm or socialostracism to any person within the CCCS community, when related to theadmission, initiation, pledging, joining, or any other group-affiliationactivity; hazing is also illegal under Colorado law.
Bullying, defined as repeated and/or severe aggressive or negative actions or behaviors intentionally or reasonably likely to intimidate, hurt, control or diminish another person, physically, mentally, or emotionally. Bullying may include direct or indirect communications in verbal or nonverbal form and specifically includes bullying by electronic means (i.e. cyberbullying). Note: Any non-civil rights related bullying will be addressed under System Procedure 19-10,Bullying/Violence/Firearms on Campus.
Violation of any other System or College rule.
What You Can Do
If you are having a problem with another person that you might be able to solve or change, here are some helpful tips to try to fix the situation:
Admit that a problem exists.
Tell the person what you find offensive.
Document everything you can.
Tell someone what is happening.
If you have been a victim of any of the areas mentioned, follow these guidelines and get help immediately:
Get to a safe place.
It is normal to feel shocked, but don’t feel guilt or shame.
Do not change ANYTHING about the scene or yourself. This means you shouldn’t change your clothes, wash, comb your hair, or alter anything about the environment in which the act occurred.
Get help! Contact the police, go the E.R., call a crisis center, etc.
File a report
SANE Exams
Under Colorado law, public colleges are required to provide the following information for students who are victims of sexual assault.
If you are a victim of a sexual assault, you may request a medical forensic exam (SANE). This is important if you think you want to seek legal action. It is vital that a victim obtains medical treatment as soon as possible and does not bathe, shower, douche, or change clothes until given permission by medical personnel. You can have the exam without having to report the assault to law enforcement. You will not be charged for the cost of the exam.
You may go to the following providers for the SANE exam.
S.A.R.A. House (Fort Morgan) 418 Ensign St. Fort Morgan, CO 80701 (970) 867-2121 Map
North Colorado Medical Center (Greeley) 1801 16th St. Greeley, CO 80631 (970) 810-4121 Map
Colleges must ensure that employees receive regular training related to their role in a civil rights/sexual misconduct case.
All employees working on a Title IX/Sexual Harassment case (including Title IX/EO Coordinators, investigators, hearing officers, and informal resolution facilitators) must receive training on the following topics:
The Prohibition of Discrimination, Harassment or Retaliation Policy and Civil Rights and Sexual Misconduct Resolution Procedure (or the College-specific nondiscrimination policy and complaint procedure);
Definition of Sexual Harassment;
The scope of the College’s program or activity where the conduct occurred;How to conduct an investigation, hearing, appeal, or informal resolution, as applicable; and
How to serve impartially, including avoiding prejudgment of facts, conflicts of interest and bias.
Additionally, Colleges must offer training to promote awareness of and prevention of sexual misconduct and training on the Prohibition of Discrimination, Harassment or Retaliation Policy and Civil Rights and Sexual Misconduct Resolution Procedure (or the College-specific nondiscrimination policy and complaint procedure). This training must be offered annually to all incoming students and new employees and to all students and employees anytime there is a substantial update to the policy or procedure.
Prohibition of Discrimination, Harassment, or Retaliation (Effective August 12, 2020)
Morgan Community College (MCC) and the Colorado Community College (CCCS) Board Policy (BP) 19-60 provides that individuals affiliated with MCC shall not discriminate or harass on the basis of sex, gender, race, color, age, creed, national or ethnic origin, ancestry, physical or mental disability, familial status, veteran or military status, pregnancy status, religion, genetic information, gender identity, sexual orientation, or any other protected class or category under applicable local, state or federal law (also known as “civil rights laws”),_in connection with employment practices or educational programs and activities (including admissions). BP19-60 further provides that individuals affiliated with MCC shall not retaliate against any person who opposes discrimination, harassment or retaliation, or participates in any complain or investigation process.
For information regarding civil rights compliance or grievance procedures contact:
Title IX Coordinator, Affirmative Action/Equal Opportunity Officer: Julie Beydler Director of Human Resources 920 Barlow Road-Aspen 207 Fort Morgan, CO 80701 (970) 542-3129 Julie.Beydler@MorganCC.edu
Deputy Title IX Coordinator: Scott Scholes Vice President for Student Services 920 Barlow Road-Cottonwood 102A Fort Morgan, CO 80701 (970 ) 542-3111 Scott.Scholes@MorganCC.edu
You may also contact the Office for Civil Rights, U.S. Department of Education, Region VIII, Federal Office Building, 1244 North Speer Boulevard, Suite 310, Denver, CO 80204, telephone (303) 844-3417.
Civil Rights and Sexual Misconduct Resolution Process (Effective August 12, 2020) CCCS System Procedure (SP) 19-60 details the reporting requirements, process by which investigations are conducted depending on the type of case, definitions of discrimination, harassment, retaliation, and sexual misconduct, MCC's responsibility in the processes, the rights of involved parties, and procedures for live hearings in cases involving sexual misconduct allegations arising from conduct within the United States.
For allegations arising out of incidents that occurred before August 12, 2020, the following CCCS policies will apply in place of SP 19-60:
Prohibition of Discrimination or Harassment:BP 3-120 and BP 4-120 provide that 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 or sexual orientation in employment conditions or educational programs or activities.
Civil Rights Grievance and Investigation Process:SP 3-50b and SP 4-31a as well as provide the definitions of discrimination and harassment, reporting requirements, and the process by which a formal investigation is conducted.
Sexual Misconduct Procedures: SP 3-120a and SP 4-120a provide the definition of sexual misconduct, the College's responsibility, and reporting requirements.
Resources on MCC Website