Appendix F: Vernon College Title IX Sexual Misconduct Policy and Procedure

Prohibition Statement and Notice of Non-Discrimination

Sexual misconduct, which includes: sexual assault, sexual harassment, sexual exploitation, stalking, dating and domestic violence; is an affront to human dignity and fundamentally at odds with the values of Vernon College. The Vernon College community has a responsibility to maintain an environment free from harassment, assault, and exploitation. Vernon College is committed to taking all appropriate steps to eliminate all prohibited conduct, prevent its recurrence and remedy its effects.

Vernon College is committed to fostering a climate free from sexual misconduct through clear and effective policy, a coordinated education and prevention plan for employees, a coordinated education and prevention plan for students, as well as fair and equitable procedures for resolutions of complaints from employees and resolutions of complaints from students.

If you have experienced sexual assault please consider your safety and medical needs first. Vernon College also encourages you to report assaults.

All reported or suspected occurrences will be promptly and thoroughly investigated. Immediate disciplinary action, when deemed necessary, will be taken which may include written warning, suspension, transfer and/or termination.

VC will not permit or condone any acts of retaliation against anyone for filing harassment complaints or cooperating in the investigation of the same.

Definitions

Harassment - includes but is not limited to unwelcome slurs, jokes, verbal, graphic or physical conduct relating to an individual’s race, religion, sex, sexual orientation, age, national origin or disability. The term “harassment” may also include conduct of employees, supervisors, vendors, faculty and/or students who engage in verbally or physically harassing behavior which has the potential for humiliating or embarrassing an employee of VC.

Sexual Harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:

• Submission to such conduct is an explicit or implicit term or condition of employment;
• Employment decisions are based on an employee’s submission to or rejection of such conduct; or,
• Such conduct interferes with an individual’s work performance or creates an intimidating, threatening, hostile or offensive working environment.

(In accordance with the Campus Sexual Violence Elimination (SaVE) Act, the terms dating violence, domestic violence, sexual assault and stalking are defined as follows):

Dating Violence – violence, including sexual or physical abuse or the threat of such abuse, committed by an individual who is currently in, or who was in the past in, a romantic or intimate relationship with the victim. The relationship’s existence is to be determined based on the statement of the individual who makes the report and with consideration of the length and type of the relationship and the frequency of interaction between the partners. The definition does not include acts defined as domestic violence.

Domestic Violence -a felony or misdemeanor crime of violence committed by the victim’s current or former spouse or intimate partner; by an individual who shares a child with the victim; by an individual who currently is cohabitating or who has cohabitated in the past, with the victim as a spouse or intimate partner; by an individual who is similarly situated to a spouse of the victim under the law of the jurisdiction where the crime occurred; or by any other individual against an adult or child who is protected from those acts by the domestic or family violence laws of the jurisdiction where the crime occurred.

Sexual Assault – an offense meeting the FBI Uniform Crime Reporting (UCR) Program definition of rape, fondling, incest, or statutory rape.

Stalking -engaging in a course of conduct targeting a particular person that would cause a reasonable person to fear for the person’s safety or that of others or to suffer substantial emotional distress, defined as significant mental suffering or anguish that may require professional treatment or counseling. A course of conduct is two or more acts, including acts in which the perpetrator directly, indirectly, or through another person, and by any method, action, device or means, follows, monitors, surveils, threatens, observes, or communicates to or about a person or interferes with a person’s property.

Vernon College strictly adheres to Texas Penal Code definition of consent (Section 1.07).

Consensual Relationships

The college’s educational mission is promoted by professionalism in staff, faculty, and student relationships. Professionalism is fostered by an atmosphere of mutual trust and respect. Actions of faculty, staff members, and students that harm this atmosphere undermine professionalism and hinder fulfillment of the college educational mission.

Trust and respect are diminished when those in positions of authority abuse or appear to abuse their power. Those who abuse or appear to abuse their power in such a context violate their duty to the college community.

Faculty and staff members exercise power over students, whether in giving them praise or criticism, evaluating them, making recommendations for their future studies or their future employment, or conferring any other benefits on them. Amorous relationships between staff/faculty members and students are wrong when the member has professional responsibility for the student. Such situations greatly increase the chances that the member will abuse his/her power and sexually exploit the student. Voluntary consent by the student in such a relationship is suspect, given the fundamentally asymmetric nature of the relationship. Moreover, other students and employees may be affected by such unprofessional behavior because it places the employee in a position to favor or advance one student’s interest at the expense of others and implicitly makes obtaining benefits contingent on amorous or sexual favors. Therefore, the college will view it as unethical if employees engage in amorous relations with students, even when both parties appear to have consented to the relationship.

• Consensual Relationships in the Instructional Context

  No faculty member shall have an amorous relationship (consensual or otherwise) with a student who is enrolled in a course being taught by the faculty member or whose academic work (including work as a teaching assistant) is being supervised by the faculty member.

• Consensual Relationships Outside the Instructional Context

  Amorous relationships between employees and students occurring outside the instructional context may lead to difficulties. Particularly while the member and student are in the same academic unit or in units that are academically allied, relationships that the parties view as consensual may appear to others to be exploitative. Further, in such situations (and others that cannot be anticipated), the member may face serious conflicts of interest and should be careful to distance himself or herself from any decisions that may reward or penalize the student involved. A member who fails to withdraw from participation in activities or decisions that may reward or penalize a student with whom the member has or had an amorous relationship will be deemed to have violated his/her ethical duty to the student, to other students, to colleagues, and to the college.

Procedures

Filing a Complaint - complaint may be filed by any person, or the process may be initiated by any person having knowledge of or a reasonable suspicion of inappropriate behavior. Students can also go through Student Services as outlined in the Student Handbook.

VC provides its employees/students with a convenient and reliable method for reporting incidents of harassment, including sexual harassment, or sexual violence.

Anyone who feels they have been or are being harassed, discriminated against, or victimized is encouraged to report the conduct to his/her immediate supervisor, manager or director. If preferable, the employee may bypass those persons and go directly to the Director of Human Resources, ADA/Section 504 Coordinator, Title IX Coordinator, or the Vice-President of Student Services. In selecting whether to report the conduct to College District officials listed above, employees may consider reporting such conduct to the person with whom they feel most comfortable discussing the facts. A report to a co-worker or other employee not listed in this policy may not be sufficient to notify management or administration. Moreover, a report to any employee not listed in this policy may compromise any attempted confidentiality. The report should include all facts available to the employee regarding the incident.

All reports will be treated seriously and as confidentially as circumstances allow. However, absolute confidentiality is not promised nor can it be assured. VC will conduct an investigation of any complaint, and such investigation generally will require limited disclosure of pertinent information to certain parties, including the accused.

Investigation of Complaints

Once a complaint is received, Vernon College will begin a prompt and thorough investigation. The investigation may include interviews with all involved parties, including the accused and any party who is aware of facts or incidents alleged to have occurred.

A separate, confidential file on the investigation will be maintained by Human Resources/Title IX Coordinator, with limited access. While investigative materials will not be placed in any employee’s personnel file, any documentation regarding disciplinary action will.

Determination/Conclusion of Investigation

Once the investigation is completed, a determination will be made regarding the validity of the allegations. Prompt remedial action will be taken when necessary. This may include some or all of the following steps:

• Restore any lost terms, conditions or benefits of employment of the complaining employee.
• Discipline which can include disciplinary measures from verbal and written warnings up to probation, suspension and/or termination.

If the accused is a vendor or customer, VC will take appropriate action to correct the complained-of conduct.

Protecting Both Parties

After the investigation, the accuser/accused will be informed promptly about the outcome of the proceedings.

Supervisors of the parties directly involved may or may not be informed, based upon a “need to know.”

Duties of Employees/Supervisors

All employees of VC – faculty, staff and administration – are responsible for assuring that a workplace free of harassment is maintained. Any employee may file a complaint regarding incidents experienced personally or incidents observed in the workplace. VC strives to maintain a lawful, pleasant work environment where all employees are able to effectively perform their work without interference of any type and expects the assistance of all employees in this effort.

VC supervisors and administrators are expected to adhere to the anti-harassment policy.

All administrators, directors, and supervisors are responsible for doing all they reasonably can to prevent and discourage harassment from occurring. If a complaint is raised, supervisors and directors are to act promptly to notify the Human Resource Department of the complaint so that Vernon College may proceed with an investigation.

If a supervisor or director fails to follow this policy he/she will be disciplined as circumstances dictate. Such discipline may include termination.

Appeal

A complainant who is dissatisfied with the outcome of the investigation may appeal through DGBA(LOCAL), beginning at the appropriate level.

Retaliation

Retaliation in any form against individuals who report cases of harassment is strictly prohibited and will result in appropriate disciplinary action up to and including suspensions or termination.

False Charges

False charges, if proven, may result in disciplinary action against the complainant by the college or civil action against the complainant by the alleged harasser if the charges were known to have been false at the time they were made.

Sexual Harassment Awareness Training

Within thirty (30) calendar days of their respective dates of employment, all new employees must receive appropriate training in sexual harassment and sexual violence awareness and be given a copy of the college’s policy. All employees will receive annual training.

Updated 8/15