Revision Responsibility: Title IX Coordinator
Responsible Executive Office: Vice President of Academic Affairs
Purpose: To provide information regarding the College's prevention and education efforts related to sexual misconduct. The policy also explains how the College will proceed once it is made aware of possible student sexual misconduct in keeping with our institutional values and to meet our legal obligations under Title IX and other applicable law.
This policy and the required campus complaint process and procedures are intended to comply with the related requirements of the following federal laws, their implementing regulations and related federal agency guidance:
These procedures shall be utlitized by:
III. Prohibition of Sexual Miscount
Sexual misconduct is a form of sexual discriminiatoin prohibited by Title IX. Platt College prohibits sexual harassment and misconduct according to Policy 03:22:00 Non-Discrimination Policy for Students, Policy 05:16:00 Non-Discrimination Policy for Employees, and Policy 06:01:00 Sexual Misconduct. Sexual harassment is a term with a specific legal connotation. It encompasses a broad range of behavior that includes all forms of sexual misconduct and sexual violence. Sexual Violence refers to sexual acts committed against a person's will, or where the person is incapable of giving consent because of incapacitation, unconsciousness, or any circumstance rendering one unaware that sexual activity is occuring. Sexual harassment includes but is not limited to sexual assault, sexual exploitation, stalking, cyber-stalking, bullying and cyber-bullying, aiding or facilitating the commission of a violation, and retaliation.
Consistent with the values of an educational and employment environment free from harassment based on sex, the College also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
IV. Immediate Actions a Victim Should Take
Remember that being a victim of sexual assault is not your fault. You are not responsible for the actions of others and it is not your fault that someone decided to hurt you. Talking with supportive people may help you regain a feeling of control and help you feel less alone (regardless of whether you are ready to report the incident to law enforcement.)
V. Filing a College Complaint Regarding Sexual Misconduct
Reports of acts of sexual misconduct, even if reported to any other employee of the College, must be reported to the Title IX Coordinator, Laura Kellogg. Before a complainant reveals any information to an employee, the employee must ensure that the complainant understands the employee's reporting obligations. The College will take immediate and appropriate steps to investigate the incident and to resolve the matter promptly and equitably.
1. Immediately upon receipt of a (verbal or written) complaint the Title IX Coordinator will communicate with the complainant to determine and implement reasonable interim measures, if applicable. Absent good cause, within three business days of receipt of a report of sexual misconduct the Title IX Coordinator or designee shall attempt to get a written statement from the complainant that includes information related to the circumstances giving rise to the complaint, the sates of the alledged occurrences, and names of witnesses, if applicable. The complainant should be encouraged to complete a Sexual Misconduct Complaint Form and submit a detailed written report of the alleged incident. (If the complainant chooses not to provide a written complaint, the Title IX Coordinator or designee will still investigate and take appropriate action.) Complaints made anonymously or by a third party will be investigated to the extent possible.
2. After consultation with the College's general counsel, if the Title IX Coordinator determines that the complaint contains an allegation of sexual misconduct, the Coordinator will investigate and adjudicate the complaint.
3. Upon completion of the investigation, the investigator shall prepare a written report that includes the allegations made by the complainant, the response of the respondent, corroborating or non-corroborating statements of the witnesses, review of other evidence obtained, and conclusions that may be drawn from the evidence gathered. It is the responsibility of the investigator to weigh the credibility of all individuals interviewed and to determine the weight to be given to information received during the course of the investigation.
4. The report shall be delivered to the President, if the respondent is an employee, and to the Vice President of Academic Affairs if the respondent is a student.
5. After review of the report with the College's general counsel, a fair determination as to whether or not a violation of this policy occurred based on the evidence presented. The determination shall be communicated in writing to the complainant and respondent.
Complaints will be turned over to the Title IX Coordinator, Laura Kellogg. A complainant can request confidentiality. The College will consider the request, but cannot guarantee that it will be able to honor it.
VI. Role of Title IX Coordinator
The College's Coordinator is responsible for overseeing all Title IX incidents reported to the College and for implementation of this policy including:
VII. Investigation Requirements
The College, including its employees, general counsel, and students are strictly prohibited from retaliating, intimidating, threatening, coercing, or otherwise discriminating against any individual for exercising his or her rights or responsibilities under any provision of this policy. Retaliation will result in disciplinary measures, up to and including termination.
Revised: June 14, 2016 to separate from former Policy 05:16:00 Sexual Harrasment and Discrimination, which is now Non-Discrimination Policy for Employees