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Members of our Community Colleges of Spokane CCS community, guests, and visitors have the right to be free from all forms of sexual and gender-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking.
All members of the CCS community are expected to conduct themselves in a manner that does not infringe upon the rights of others. CCS takes gender-based violence seriously. When an allegation of misconduct is made, and a responding party is found to have violated this policy, appropriate sanctions will be used to remedy and prevent such behavior.
This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. Sexual misconduct is any prohibited form of misconduct that includes sexually violent conduct including Domestic Violence, Dating Violence, Stalking, Nonconsensual Sexual Intercourse and Nonconsensual Sexual Contact.
This conduct also includes, but is not limited to, indecent liberties, indecent exposure, sexual exhibitionism, sex-based cyber-Harassment, prostitution or the solicitation of a prostitute, peeping or other voyeurism, or exceeding the boundaries of Consent including allowing others to view consensual sex, the nonconsensual recording of sexual activity, Domestic Violence, Dating Violence and Stalking.
Definitions of relevant terms can be found in Administrative Procedure 2. You have the right to receive support and reasonable protective measures to help you continue to learn at CCS. You have the right to understand that CCS is required to undertake a prompt and thorough investigation of all reports of sexual misconduct. You have the right not to be discouraged in your use of resources, processes, or support and to report to the Title IX Coordinator if your rights have been violated.
You have these rights regardless of your race, color, ethnicity, national origin, age, sex, sexual orientation, gender identity or expression, physical or mental disability, religion, or any other protected class. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, otherwise known as the Clery Act, is a federal law that requires institutions of higher education to provide current and prospective students and employees, the public, and the Department of Education with crime statistics and information about campus crime prevention programs and policies.
Among other crimes, the Clery Act requires that colleges and universities report forcible sex offenses, including sexual assault and rape. Title IX of the Education Amendments of is a federal law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.
The U. Other agencies, such as the U. Department of Justice DOJthat give federal grants or assistance to an educational institution, share authority for addressing alleged violations of Title IX in educational institutions. The Violence Against Women Reauthorization Act of amended the Violence Against Women Act and the Clery Act to provide new requirements for institutions of higher education to prevent and respond to sexual violence, domestic violence, dating violence, and stalking.
Some of these requirements include: providing primary prevention education and awareness programs for all incoming students and employees; collecting statistics on domestic violence, dating violence, and stalking in addition to current requirements to collect sexual assault statistics; issuing complainants a written notice of their rights; and adopting grievance policies that are prompt, fair, and impartial as well as administered by trained officials.
Title IX of the Education Amendments of is a federal civil rights law that prohibits sex discrimination in educational programs and activities receiving federal funding, including colleges and universities. This law applies to all students — women, girls, men, and boys; straight, lesbian, gay, bisexual, transgender, and gender-nonconforming; part-time and full-time students; students with and without disabilities; and students of different races and national origins — all have the right to pursue an education free from sex discrimination, including sexual violence and harassment.
Sex-based discrimination in public schools also implicates legal rights under Title IV of the Civil Rights Act, which is enforced by the U. Department of Justice. To access immediate medical assistance and not be detained for long by police before accessing these services. To be informed by the prosecuting attorney at the date, time, and place of the trial and of the sentencing hearing. To present a statement personally or by representation at the sentencing hearing for felony conviction. Community Colleges of Spokane CCS has a responsibility to respond promptly and effectively to reports of sexual violence.
When CCS knows or reasonably should know about possible sexual violence, it must quickly investigate to determine what occurred and then take appropriate steps to resolve the situation. A criminal investigation into allegations of sexual violence does not relieve CCS of its duty under Title IX to resolve reports promptly and effectively. CCS must ensure that the person who experienced the sexual violence is safe, even while an investigation is ongoing. Risk reduction tips can often take a victim-blaming tone, even unintentionally. We have no intention of blaming victims, and we recognize that only those who commit sexual violence are responsible for those actions, but we do think these suggestions may help you to reduce your risk of experiencing a non-consensual sexual act.
Suggestions to avoid committing a non-consensual sexual act are outlined below:. Take care of your friends and ask that they take care of you.
A real friend will challenge you if you are about to make a mistake. Respect them when they do. If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:. Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you. Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better.
You may be misreading them.
They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable. Realize that your potential partner could be intimidated by you or fearful. You may have a power advantage simply because of your gender or size. Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.
Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language. Remember that being in this situation is not your fault. You did not do anything wrong; it is the person who is making you uncomfortable that is to blame.
Be true to yourself. Do what feels right to you and what you are comfortable with. Your friends or family can then come to get you or make up an excuse for you to leave. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else you need to be, etc.
Try to think of an escape route. How would you try to get out of the room? Where are the doors? Are there people around who might be able to help you? Is there an emergency phone nearby? Consent means the affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter. Consent cannot be given by an individual who is:. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual conduct.
Dating Violence is a type of domestic violence, except the act is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Stalking including cyber-Stalking includes matters in which an individual intentionally and repeatedly harasses or repeatedly follows another person and the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person or property of that person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and the stalker either intends to frighten, intimidate, or harass the person; or knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
Please also see Administrative Procedure 2. Below is a summary of pertinent points relevant to matters of sexual misconduct and a brief overview of the process. The initial report should be filed within 60 days of the alleged offense.
A preliminary inquiry will then be conducted by the Title IX Coordinator to determine whether an investigation is warranted. If so, the investigation is conducted by a trained investigator. It is possible even at this early stage of the process for interim measures to be put in place, such as no-contact orders or interim suspensions.
The Title IX Coordinator can provide the reporting party with resources, options and support; discuss confidentiality; explain their rights during the investigative and disciplinary process; and assist them with filing a police report if they so choose WAC Q CCS also complies with Washington law in recognizing orders of protection, no contact, or restraint.
Investigation: If it is determined after initial review that the matter warrants investigation pursuant to this procedure, the CAO or Title IX Coordinator will determine the appropriate process necessary to ensure relevant evidence is obtained and all critical elements are addressed. Complaints shall be thoroughly and impartially investigated.
The investigation will include, but is not limited to, interviewing the Complainant, the Respondent, and relevant witnesses and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally ninety 90 days, barring exigent circumstances. If it appears completion of the investigation will take longer than ninety days, the CAO or Title IX Coordinator as appropriate will notify the parties, describe the reasons for the delay and provide an estimated time for completing the investigation.
Employees, as a condition of employment, are required to be truthful and to fully cooperate in the investigation process. At the conclusion of the investigation, the investigator shall set forth their findings in writing and shall send a copy of the findings to the CAO or Title IX Coordinator as appropriate. All Complaints and the records related to a subsequent formal investigation of those Complaints conducted pursuant to this procedure, if any, shall be maintained confidentially to the extent allowed by law for an indeterminate period of time in the Human Resources Office.
Investigations into all alleged violations of the standards of conduct for students are conducted by trained investigators. Investigations are to be done in a timely manner as defined by Administrative Procedure 3. If it is determined that a violation has occurred, then an interim sanction may be imposed by the Student Conduct Officer. The respondent retains rights of due process and attendant responsibilities as detailed in WAC Q, If the offense is such that a suspension of greater than 10 class days or expulsion from the college may be deemed warranted, the matter is remanded to the Student Conduct Administrative Panel for hearing WAC Q Student Conduct Administrative Panel Hearing: The administrative panel will hear testimony from both complainant and respondent alike and witnesses, and though no cross-examination or other adversarial process is allowed, each party to the hearing may bring a representative of their choosing.
Rulings are determined according to a preponderance of evidence standard; i. At the conclusion of the hearing, if it is determined that a violation has occurred, the panel will determine the sanction to be imposed and inform both the complainant and respondent of the sanction. Written notice is sent within ten 10 calendar days from the hearing date.
If the college is not in session, this period may be reasonably extended WAC Q Appeals: In cases involving sexual misconduct both the complainant and respondent have rights of appeal. Appeals are to be filed in writing with the Chief Student Services Officer within 20 calendar days of the issuance of a sanction notification and are limited to appeals regarding the correct following of process, severity of the sanction, or new evidence not available at the time sanction was determined by the Student Conduct Officer or Student Conduct Administrative Panel.
Appeals will be considered by the Appeals Board and decision rendered within 20 calendar days of the receipt of the appeal. Legend Drugs, Narcotic Drugs, Controlled Substances: Being observably under the influence of any legend drug, narcotic drug or controlled substance, as defined in chapters Use, possession and distribution of drug paraphernalia for the drugs and substances identified in this section are prohibited.
Marijuana: While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities. Being observably under the influence of marijuana or the psychoactive compounds found in marijuana, or otherwise using, possessing, selling or delivering any product containing marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form, is prohibited.
Alcohol: Being under the influence of any alcoholic beverage or otherwise using, possessing, manufacturing, selling, distributing any alcoholic beverages, or public intoxication except as expressly permitted by law and college rules are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, sold, or distributed to any person under twenty-one years of age. If you have questions about any of these policies or procedures, please contact the appropriate Title IX Coordinator.
Anonymity and complete confidentiality cannot be guaranteed once a Complaint is made or unlawful behavior is alleged. Further, to the extent possible, proceedings will be conducted in a discreet and sensitive manner. Files pertaining to the Complaint will be maintained in confidence to the extent provided by law and with the understanding that all files are considered public records and will be released as required by the Public Records Act, Chapter There are limits to disclosure of certain records concerning employees who are Complainants of workplace Sexual Harassment or Stalking as per chapter Accordingly, CCS cannot guarantee complete confidentiality.
If the Complainant asks that their name not be revealed or that CCS not investigate the allegation, the Title IX Coordinator will determine first whether CCS can honor the request and at the same time maintain a safe and non-discriminatory environment.
Factors to be weighed during this determination may include, but are not limited to:. If CCS agrees not to conduct the investigation the Title IX Coordinator will consider and implement feasible counter measures, if any, deed to limit the effects and prevent recurrence. In all complaints of sexual misconduct, all parties will be informed of the outcome. In some instances, the administration also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the alleged victim.Sexual encounter Spokane
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