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Procedure

03.03.060.a Definitions

 

 

 

 

The following definitions shall apply to these Procedures and shall be collectively referred to herein as “discrimination, harassment and sexual-based violence”.

A.  Confidential Employee – is not a Responsible Employee and is not required to report incidents of sexual misconduct to the College’s Title IX Coordinator if confidentiality is requested by the student.  WPCC’s licensed counselor working in this capacity is the only Confidential Employee. If a student is unsure of someone’s duties and ability to maintain one’s privacy, the student should ask the person before he/she speaks to him/her.

B.  Consent – explicit approval to engage in sexual activity demonstrated by clear actions or words.  This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity or lack of active resistance does not imply consent.  In addition, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity.  Consent has not been obtained in situations where the individual: i) is forced, 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 form 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.

C.  Dating Violence – crimes of violence against a person with whom the person has or had a social relationship or a romantic or intimate relationship.

D.  Discrimination – any act or failure to act that unreasonably and unfavorably differentiates treatment of others based solely on their race, religion, ethnicity, national origin, gender, sex, age, disability, genetic information and veteran status.  Discrimination may be intentional or unintentional.

E.  Domestic Violence – crimes of violence against a current or former spouse or intimate partner, a person who whom the student shares a child in common, a person with whom the student cohabitates or has cohabitated as a spouse, a person similarly situated to the student as a spouse, a person who is related to the student as a parent, child or person who is related to the student as a grandparent or grandchild.

F.  Gender Identity Harassment – behavior that targets someone for offensive, hostile, degrading or insulting treatment because of their gender

The following are examples of conduct that may constitute gender harassment:

  • Using derogatory, gender-based terms;
  • Making derogatory jokes about gender-specific traits or based on negative gender stereotypes;
  • Suggesting that students of one gender should not engage in certain activities because of their gender;
  • Impeding the educational progress of a person of one gender wither explicitly or implicitly, such as by questioning an individual’s ability because of his/her gender or suggesting that it is abnormal for a person of that gender to hold a particular interest;
  • Limiting or denying an individual of one gender access to educational opportunities;
  • Using sexist humor as a classroom teaching technique;
  • Using personal or College electronic communications to convey inappropriate gender-based remarks, pictures, or images; or
  • Using verbal, graphic, or physical conduct which threatens, ridicules, or demeans an individual because of gender.

G.  Harassment (for Sexual and Gender Identity Harassment, see specific definition) verbal or physical conduct that denigrate or shows hostility or aversion toward an individual because of his or her race, religion, ethnicity, national origin, age, disability, genetic information and veteran status, or any other legally protected status not listed herein, or that of his or her relative, friends, or associates, and has the purpose or effect of creating an intimidating, hostile, or offensive work or learning environment; has the purpose or effect of interfering unreasonably with an individual’s work or academic performance; or otherwise adversely affects an individual’s employment or educational opportunities.

Harassment may include but is not limited to:

  • Threatening or intimidating conduct directed at another because of the individual’s protected status.
  • Jokes, name calling, or rumors based upon an individual’s protected status.
  • Ethnic slurs, negative stereotypes and hostile acts based on an individual’s protected status.

H.  Responsible Employee – a College employee who has the authority to take action to redress sexual harassment/misconduct; who has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Title IX coordinator or other appropriate designee; or who a student reasonably believes has this authority or duty.  The College’s Responsible Employees include all College administrators (Department Heads, Directors, Deans,  Vice Presidents and President).  If a student is unsure of someone’s duties and ability to maintain one’s privacy, the student should ask the person before he/she speaks to him/her.

I.  Sexual Assault – subjecting any person to contact or behavior of a sexual nature or for the purposes of sexual gratification without the person’s expressed and explicit consent.

J.  Sexual Harassment – physical contact and/or conduct that creates an unwelcome or hostile environment.  It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when submission to the conduct is made a term or condition of an individual’s employment or academic performance (either implicitly or explicitly), when submission to or rejection of the conduct is used as the basis for employment or educational decisions affecting the individual, or when the conduct is sufficiently severe, persistent, or pervasive to interfere with an individual’s work or academic performance or to create an intimidating, hostile, or offensive working or learning environment.  Occasional compliments of a socially acceptable nature do not constitute sexual harassment.

Sexual harassment may include but is not limited to:

  • Physical assault, including rape, or any coerced sexual relations.
  • Subtle pressure for sexual activity or for a relationship that takes on a sexual or romantic coloring, thereby exceeding the limits of healthy relation.
  • Any demeaning sexual propositions.
  • Unnecessary touching in any form.
  • Sexually explicit or suggestive remarks about a person’s physical attributes, clothing, or behavior.
  • Sexually stereotyped or sexually charged insults, humor, verbal abuse, or graffiti.
  • Any sexually inappropriate behavior that prevents an individual from participating in their employment, academic performance, or in any functions of the college.

K.  Stalking – engaging in a course of conduct directed to a specific person that would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress by placing that person in fear of death, bodily injury or continued harassment.