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:

• Title IX of the Education Amendments of 1972 (“Title IX”);
• The Violence Against Women Reauthorization Act (“VAWA”);
• The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (“Clery Act”); and
• Title VII of the Civil Rights Act of 1964 (“Title VII”).

Policy:

I. Scope

These procedures shall be utlitized by:

1. Any employee or student who has been a victim of sexual misconduct while in a learning environment location (campus, clinical location, etc.)
2. All third parties with whom the College has an educational relationship and the conduct has a reasonable connection to the College.

II. Definitions

1. Consent: an informed decision made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.
2. Dating Violence: violence against a person when the accuser and accused are dating, have dated, or have or had a sexual relationship. 
3. Domestic Violence violence against a person when the accuser and accused are current or former spouse, live or have lived together, are related by blood or adoption, are related or were related by marriage, or an adult and minor living in a domestic situation.
4. Harassment: conduct directed toward the accuser that includes repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress.  
5. Sexual Assault: the nonconsensual sexual contact witht he accuser by the accused, or the accused by the accuser when force or coercion is used to accopmlish the act, the sexual contact is accomplished without consent of the accuser, and the accused knows or has reason to know at the time of the contact that the accuser did not or could not consent.
6. Sexual Misconduct: defined as dating violence, domestic violence, stalking, and sexual assault
7. Stalking:a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, threated, or harassed

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

1. Get to a safe place.  It may be helpful to contact a trusted friend to stay with you for support.
2. Seek medical attention at the closest medical emergency department or call law enforcement. The Colorado Coalition Against Sexual Assault (CCASA) is a membership organization promoting safety, justice and healing for survivors while working toward the elimination of sexual violence.  The CCASA provides a list of health care providers that help victims of sexual assault. 
3. Preserve any evidence. Place your clothing and other items (sheets, blankets) in a brown paper (not plastic) bag. Avoid drinking, bathing, showering, douching, brushing your teeth, using mouthwash, combing your hair or changing your clothes. Physical evidence will be collected if you choose to visit an Emergency Room. Write down, or have a friend write down, everything you can remember about the incident. You should attempt to do this even if you are unsure at the moment if you are planning on reporting the incident in the future.
4. Report the incident by calling law enforcement. (Emergency Assistance at 911 or Aurora Police Department 303-739-6000)
5. Talk about the incident

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.

• Once the complaint is received, the Coordinator shall notify the complainant in writing of his/her rights and request a meeting.
• The Coordinator shall also notify the respondent in writing of the complaint and his/her rights and request a meeting with the respondent
• If the comlainant chooses not to provide a written complaint, the Title IX Coordinator or designee will still investigate and take appropriate action. 
• Both before and during the pendency of the investigations, the Title IX Coordinator shall consult with the complainant and consider what interim measures need may be necessary.
• Investigations shall be conducted by officials who do not have a conflict of interest or bias for or against the complainant or respondent.

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.  

• Depending on the outcome of the investigation, student respondents my be places on suspension or may be terminated from the program.  Depending on the outcome of the investigation, employee respondents may be placed on administrative leave or their employment may be terminated.  

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:

1. Investigation or oversight of investigations of allegations related to Title IX
2. Coordination of education programs including mandatory training for new students and employees
3. Coordination with local law enforcement on matters realted to allegations related to sexual misconduct
4. Coordination and oversight of training for employees and students
5. Attending appropriate training annually on topics related to Title IX

VII. Investigation Requirements

• All proceedings willinclude a prompt, fair, and impartial investigation. 
• The respondent and complainant will be provided with equitable rights during the investigative process. 
• All complaints of sexual miscondcut shall be presented to the Title IX Coordinator for investigation.
• Mediation between the complainant and respondent will never be considered an appropriate resolution in resolving a sexual misconduct case.
• Every reasonable effort shall be made to conclude the investigation and resolve the complaint within 60 calendar days folling receipt of the complaint. If the investigator determines that additional time is needed, both parties shall be notified in writing of the delay, the anticipated date that the investigation will be concluded, and the reasons for the delay.

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