Title IX

Title IX

Sexual Harassment, Non-Discrimination, Appeal & Grievance 

Board Policy Article I.02 Non-Discrimination and Equal Opportunity 

Board Policy Article I.07 Sexual Harassment 

Please visit the Student Rights page in the College Catalog for information concerning: 

• Procedure for Addressing Student Concerns 

• External Resolution Options 

• Non-Discrimination and Equal Opportunity 

• Sexual Misconduct, Non-Discrimination, Appeal, and Grievance 

The College prohibits actions of sexual harassment by students, employees, or visitors. The College adheres to Title IX of the Education Amendments of 1972, Violence Against Women Act (VAWA), Title VII of the Civil Rights Act, Jeanne Clery Act, and similar laws and  regulations and takes appropriate action to address concerns of sexual harassment in a fair and timely manner.

Promoting Gender Equity and Preventing Sexual Misconduct 

Please see the St Charles Community College Board Policy, Article 1.02 Non-Discrimination and Equal Opportunity. To report an incident regarding a Title IX, discrimination, or harassment issue, please complete the Student of Concern/Incident Form or contact the Executive Director of Student Engagement & Title IX at 636-922-8211.  

Questions regarding Title IX may also be referred to: 

Office for Civil Rights - Kansas City Office 

U.S. Department of Education 

One Petticoat Lane 

1010 Walnut Street, Suite 320 

Kansas City, MO 64106 

Telephone: 816-268-0550 

Email: OCR.KansasCity@ed.gov 

Please see the Promoting Gender Equity and Preventing Sexual Harassment and Sexual Violence webpage for more information about: 

• Resources 

• Reporting Procedures 

• Rights & Responsibilities 

• Statement of Non-discrimination 

• Title IX Training 

• Board Policy Statement 

Risk Reduction  

For your safety and protection, consider the following strategies to reduce one’s risk of sexual assault or harassment, provided by Rape, Abuse, & Incest National Network.  

• Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.  

• Try to avoid isolated areas. It is more difficult to get help if no one is around.  

• Walk with purpose. Even if you don’t know where you are going, act like you do.  

• Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.  

• Try not to load yourself down with packages or bags as this can make you appear more vulnerable.  

• Make sure your cell phone is with you and charged and that you have money for transportation, if needed.  

• Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know.  

• Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.  

• When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.  

• Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).  

• Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you have left your drink alone, just get a new one.  

• Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from punch bowls or other large, common open containers.  

• Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they have had, or is acting out of character, get him or her to a safe place immediately.  

• If you suspect you or a friend have been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).  

• If you need to get out of an uncomfortable or scary situation, here are some things that you can try:  

• 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. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with.  

• Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.  

• Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are needing to take care of a friend or family member, not feeling well, having somewhere else that 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? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?  

• If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.  

The Student Title IX Coordinator will work collaboratively with the Department of Public Safety/Campus Police (DPS) and the local police department unless otherwise prohibited by law. The College will not delay its formal complaint procedures due to pending results of a criminal investigation or proceedings. 

Initial Handling of a Complaint 

Upon receipt of a formal written and signed complaint, the Student Title IX Coordinator will determine whether there is reasonable cause to believe a violation of this policy/procedures has occurred. If no reasonable cause is found, the Student Title IX Coordinator will notify all parties in writing of the formal complaint and its dismissal. Reasons for formal complaint dismissal are listed in Dismissial of Formal Complaint section below. 

If the complainant does not wish to proceed with a formal complaint, the Student Title IX Coordinator may in certain circumstances, make a formal complaint. The Student Title IX Coordinator or designee must weigh the complainant’s wish not to proceed with the following: 

• The seriousness of the alleged conduct 

• Whether there have been other complaints of sexual harassment against the same respondent 

• The respondent’s right to receive information regarding the allegations under FERPA 

Methods For Resolving Complaints 

Informal Resolution 

Informal resolution to a formal complaint of sexual harassment can be reached when the complainant and respondent are equally and voluntarily agreeable to reaching a determination of responsibility without investigation and live hearing. The informal resolution process is available at any time during the grievance process, with the voluntary, written consent of both the complainant and respondent, except in the case of alleged sexual harassment of a student by an employee. A complainant or respondent also retains the right to withdraw from an informal resolution process and resume the formal resolution process at any time. 

Upon resolving a formal complaint through the informal resolution process, including signatures from all involved parties, the complaint will be closed. 

Formal Resolution 

The purpose of the formal resolution process is to provide prompt, equitable, and impartial investigation, without the presumption of fault or guilt, for complaints alleging any action that would be prohibited by this policy/procedure. 

The formal resolution process may result in disciplinary sanction of parties found responsible for sexual harassment policy/procedures violation. 

Formal Resolution Procedures 

Process Timeframe 

Investigation into allegations of sexual harassment will be completed as soon as practicable and typically concludes within 90 calendar days. In the event the timeframe extends beyond 90 calendar days, the reporting and responding parties will be notified in writing. 

Evidence Standard 

Determinations of whether the respondent is deemed responsible for the alleged behavior will be based on a preponderance of the evidence standard. A preponderance of the evidence exists when a reasonable person, after careful balancing of available information, would conclude that it is more likely than not that a policy violation occurred or more than likely a policy violation did not occur. 

Advisors 

The complainant and the respondent may appoint an individual to serve as their individual advisor at their cost and be present during meetings. If the complainant and the respondent do not have an advisor, one will be appointed for them by the College at no cost to them. 

Formal Resolution Process Steps 

When a formal complaint results in reasonable cause that violations of this policy/procedures may have occurred, the Student Title IX Coordinator will notify the complainant and respondent in writing that an investigation will occur, and a tentative process timeframe will be provided. The written notice to the respondent will include details of the investigation and the parties will be provided with sufficient time to prepare a response prior to any initial interview. Investigation details may include the identities of the parties involved, the specific section of the policy allegedly violated, the conduct constituting the alleged violation, and as applicable, the date/time/location of the alleged incident. 

The Student Title IX Coordinator will assign one or more investigator(s) to gather facts and information related to the formal complaint. Investigator(s) will meet with the complainant, the respondent, conduct additional interviews with witnesses, and gather relevant documentation. During the course of the investigation, the Investigating Officer(s) may receive counsel from College administrators, the College’s attorneys, or other parties as needed. 

Both the complainant and the respondent may provide evidence, documentation, and names of witnesses to the investigator for inclusion in the investigative process. 

If the complainant or the respondent believes an individual investigating the complaint has a conflict of interest or bias for or against either party, he/she shall notify the Student Title IX Coordinator as soon as reasonably possible to determine whether a conflict of interest or bias exists, and if an alternative investigator will be appointed. 

Upon completion of the investigator’s initial gathering of evidence, the complainant and respondent will have 10 business days to review, inspect, and respond to all evidence directly related to allegations and provide a written response. 

The investigator will consider responses to evidence, determine what evidence is relevant, and summarize all evidence into an investigative report. 

The complainant and respondent will be given equal access to review any evidence and the investigative report provided by the assigned investigator(s). 

Upon completion of the investigative report, the complainant and respondent will have 10 business days to review the final investigative report and provide a written response in advance of the live hearing conducted by the Hearing Officer. 

Live Hearing and Cross Examination 

A live hearing will be conducted by a college-appointed Hearing Officer in order to reach a determination of responsibility for sexual harassment policy/procedures violation. Prior to the live hearing, the complainant and respondent are strongly encouraged to submit questions to the Hearing Officer to determine relevancy and compliance with the rules of decorum. Any questions deemed not relevant by the Hearing Officer, and thereby excluded from the live hearing, will be communicated in writing to the party submitting the question(s). 

The live hearing may be conducted at any SCC campus location or may be conducted through video conferencing technology as determined by the Hearing Officer. Live hearings conducted virtually will be done in a manner whereby all parties can simultaneously see and hear each other. Disability-related accommodations for participation in a live hearing will be coordinated by the Office of Disability Support Services (for students) and by the Human Resources Department (for employees).  

During the live hearing,  

1. The Complainant and Respondent (respectively) will each give a verbal statement of the allegations. The Hearing Officer may then ask questions of each party.  

2. Each advisor will ask all relevant questions directly to the other party and/or witnesses, including follow-up questions and questions challenging credibility. The Hearing Officer has authority to interject and disallow a question; when this occurs, a response to the question will not be given.  

3. The Hearing Officer will not consider or rely on statements from any individual who does not participate in the live hearing or who refuses to submit to cross examination. In addition, the Hearing Officer will not reach a determination of responsibility based solely on a party’s or witness’ absence from the live hearing or refusal to submit to cross examination. 

At no time during the investigation or the live hearing will the Complainant or Respondent be subjected to questions that constitute, or seek disclosure of, information protected under a legally recognized privilege (unless such privileges have been voluntarily waived). Likewise, neither Complainant nor Respondent will be subjected to questions about sexual predisposition, previous sexual behavior or other circumstances protected under federal and state rape shield laws. 

Final Determination, Remedy, and Resolution 

After thorough examination of the evidence and cross examination presented during the live hearing, the Hearing Officer will make a final determination of responsible or not responsible for violations of the College’s sexual harassment policy/procedures using the preponderance of the evidence standard. The Hearing Officer’s final determination indicates there is sufficient evidence to conclude that it is more likely than not that the respondent engaged in conduct that meets the College’s definition of sexual harassment or that it is more likely than not the respondent did not engage in conduct that meets the College’s definition of sexual harassment. 

The Hearing Officer will draft a final determination letter, outlining the rationale for and analysis of the decision. The letter will be distributed to the Complainant and Respondent by the Student Title IX Coordinator.  In addition to details relating to the allegations constituting sexual harassment, procedural steps, findings of fact, conclusions and rationale, the final determination letter will include information regarding disciplinary sanctions and remedies. 

Right of Appeal 

In cases of sexual harassment or sexual violence, the Complainant has the right to appeal within five (5) business days of the final determination letter. The Respondent has the right to respond to the appeal within five (5) business days of the receipt of the appeal. The appeal must be in writing and contain the following: 

• Name of the complainant 

• Name of the respondent 

• A statement of the determination of the complaint, including corrective action if any 

• A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it 

• Requested action, if any 

The appeal must cite at least one of the following criteria as the reason for appeal and provide supporting arguments: 

• A procedural irregularity that affected the outcome of the matter 

• Newly discovered evidence that was not reasonably available when the determination of responsibility was made that could affect the outcome of the matter 

• Student Title IX Coordinator, Investigator, or Hearing Officer had a general or specific conflict of interest or bias against the complainant or respondent that affected the outcome of the matter 

Status During Appeal 

The sanction that was rendered by the Hearing Officer is in effect during the period of appeal. 

In the case that the respondent is an employee, the Appeals Officer is the Executive Vice President for Administrative Services/COO. In the case that the respondent is a student, the Appeals Officer is the Assistant Vice President for Learning Enterprises & Engagement. If the Appeals Officer determines that criteria for an appeal has not been met, the determination of the Hearing Officer stands. If the Appeals Officer determines that the criteria for an appeal has been met, the Appeals Officer will then review the information gathered as part of the investigation and hearing procedures, including any documentary evidence. 

The Appeals Officer may: 

• Reverse the finding regarding whether the student/employee is responsible/not responsible 

• Return the matter to the Hearing Officer for review and/or reconsideration on whether the student is responsible/not responsible 

• Convert any sanction imposed to an alternate sanction 

• Rescind any previous sanction 

• Return a recommended sanction to the Hearing Officer for review and/or reconsideration 

• Uphold the determination of the Hearing Officer 

Resolution of the Appeal 

The appeal will be resolved within ten (10) College business days of receiving it. The Appeals Officer may take any action in the interest of a fair and just decision. The decision of the Appellate Officer is final, unless otherwise noted in the Sanctions section. 

 A written statement of the resolution of the appeal will be provided by the Appeals Officer to the complainant, respondent, and the Student Title IX Coordinator within three (3) College business days of the resolution.

Dismissal of Formal Complaint  

A formal complaint may be dismissed at any time during the sexual harassment grievance process. The following are reasons a formal complaint will be dismissed (procedurally or voluntarily): 

• The conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy, even if proven; 

• The conduct alleged did not occur against a person in the United States; 

• The conduct alleged did not occur in SCC’s education program, activity, or College property; 

• The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; 

• The respondent is no longer enrolled or employed at the College; 

• Specific circumstances prevent SCC from gathering sufficient evidence to reach a determination as to the formal complaint or allegations therein 

Upon dismissal, a notification will be sent, in writing, to both parties and provide the reason(s) the complaint was dismissed. 

Dismissal of a complaint does not prevent action under other provisions of the College’s code of conduct or by law enforcement. 

Sanctions 

Individual found to be responsible for violation of this policy/procedures, sanctions and appeals are governed by the following: 

See Board Policy, Article VI.21 Student Conduct, Discipline, and Due Process 

Amnesty For Student Alcohol/Drug Use 

The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time an incident of sexual violence occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report incidents of sexual violence to campus officials. A student bystander reporting in good faith, or a student reporting sexual violence will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual violence. 

Responsible Parties 

A Responsible Party of the College with knowledge of sexual harassment in a St. Charles Community College (SCC) education program or activity, whether on-campus or off-campus, (such as on athletic fields, SCC-sponsored events or activities, educational programs, practice or rehearsals, on-campus housing, or the housing of an SCC-sanctioned organization in the United States) against a person, must report the matter promptly to the College’s Title IX Coordinator or other official who has the authority to institute corrective measures on behalf of the College.  

Definitions 

Complainant 

A person who is alleged to be the victim of conduct that could constitute sexual discrimination/harassment, violating our institution’s policy. 

Consent 

Individuals engaged in sexual activity of any type with each other should have clear, knowing, and voluntary consent prior to and during sexual activity. Consent can be given by word or action, but non-verbal consent is not as clear. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Consent must be freely given. 

To provide consent, an individual must be of legal age and capable of making such a decision. Agreement does not constitute consent if: it is given by a person who lacks the mental capacity to authorize the conduct; or it is given by a person unable to make a reasonable judgment about harmfulness of the conduct due to youth, mental disease, incapacitation, a drug-induced state, or similar; or it is induced by force, duress, or deception. 

Dating Violence 

Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the individuals involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. 

Domestic Violence 

Domestic violence is a felony or misdemeanor crime of violence committed: 

• By a current or former spouse or intimate partner of the victim 

• By a person with whom the victim shares a child in common 

• By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner 

• By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred 

• By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred 

Formal Complaint 

A document filed by a complainant in writing and signed or signed by the Student Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. 

Respondent 

A person who has been reported to be the perpetrator of conduct that could constitute sexual harassment, violating our institution’s policy. 

Responsible Party 

A college official who is an administrative officer (President, Vice Presidents, Campus Provosts, Associate Vice Presidents, Assistant Vice Presidents, and Executive Directors), and/or an administrator (Deans, Department Chairs, Directors, Managers, and Supervisors) who holds a duty to report matters of sexual harassment to the Title IX Coordinator. 

Sexual Assault 

Sexual assault is actual or attempted physical sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to: 

• Intentional touching of another person’s intimate parts without that person’s consent 

• Other intentional sexual contact with another person without that person’s consent 

• Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent 

• Penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent 

• Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law 

• Non-forcible sexual intercourse with a person who is under the statutory age of consent 

Sexual Violence 

For purposes of this policy, sexual violence collectively refers to the terms sexual assault, domestic violence, dating violence, stalking, and sexual exploitation as defined in this policy. 

Stalking 

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for her or his safety or the safety of others or suffer substantial emotional distress. 

 For purposes of this definition: 

• Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property; 

• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and 

• A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. 

Additional Information: 

See Board Policy, Article I.05 Romantic or Sexual Relationships.