Campus SaVE and Lee College Policy

The following Board Policies address policies related to Campus SaVE:

Sexual Harassment / Sexual Misconduct Procedures

Lee College is committed to maintaining a safe campus environment free from threats of violence. Harming another person by committing any form of sexual harassment, domestic violence, dating violence, sexual assault, or stalking is strictly prohibited.

The Sexual Misconduct Advisory Committee includes representation of staff, faculty, students and community agencies with the purpose of reviewing and recommending policy and procedural changes as well as recommendations for education and prevention activities for both students and staff.

These procedures apply to all members of the College community whether the incident(s) under consideration take place on campus, at a College-related activity, or off-campus if it is in combination with on-campus action or a College-related activity or function when that conduct interferes with a person’s work or academic environment.

Specific policy by the College Board of Regents can be found in the following sections

  • FA Legal
  • GAC Legal
  • DGBA Local
  • DIA Local

I. Definitions

Sexual harassment – may involve the behavior of a person of either sex against a person of the opposite or same sex, and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature where 1) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment and/or academic advancement; 2) submission to or rejection of such conduct by a person is used as the basis for decisions affecting a person’s employment and/or academic standing; 3) such conduct has the purpose or effect of unreasonably interfering with a person’s work and/or academic performance or creating an intimidating, hostile, or offensive work, learning, or social environment.

Sexual harassment may also include behavior that is non-sexually explicit if such behavior is targeted to one gender.

Examples of Prohibited Behavior (Sexual Harassment) – Prohibited acts that constitute sexual harassment may take a variety of forms. Sometimes sexual harassment involves a single serious incident whereas at other times, multiple incidents are required to meet the standards of the definition of sexual harassment. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to:

  • Threats or insinuations that a person’s employment, wages, academic grade, promotional opportunities, classroom or work assignments or other conditions of employment and/or academic life may be adversely affected by not submitting to sexual advances.
  • Unwelcome verbal expression, sexual innuendoes and comments, including comments on a person’s body, dress, appearance or sexual activities; humor or jokes about sex or females/males in general; pestering a person for dates, whether in person or indirectly by mail, telephone, or other telecommunication devices on or off campus.
  • Unwelcome sexually suggestive sounds or gestures, including but not limited to, throwing kisses or whistling.
  • Sexually suggestive objects, pictures, videotapes, texting, electronic mail, audio recordings or literature unrelated to educational purposes, placed in the work or study area that may embarrass or offend individuals.
  • Unwelcome or inappropriate touching, patting, or pinching including giving unrequested neck or shoulder massages.
  • Intimidating or demeaning remarks or behavior, which may not be sexually motivated, but are clearly based on stereotypes of gender.
  • Consensual sexual relationships where such relationships lead to favoritism of a student or subordinate employee with whom the teacher or superior is sexually involved and where such favoritism adversely affects other students and/or employees.

Sexual Assault – An offense that meets the definition of rape, fondling, incest, or statutory rape as used by the FBI’s Uniform Crime Reporting Program.

  • Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  • Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence – Dating Violence is defined as 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 determined based on the reporting party’s statement and with consider­ation of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

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.

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

 

II. Sexual Harassment

The College recommends that any faculty, staff, or student who feels that he or she is being sexually harassed tell or otherwise immediately inform the harasser that the conduct is unwelcome and must stop. However, such action is not required, and in some circumstances it may not be feasible, may be unsuccessful, or the individual may be uncomfortable dealing with the matter in this manner.

Academic Freedom and Sexual Harassment Issues in the Learning Environment

Lee College is committed to creating an environment where there is the full and free discussion of ideas and where students are free from a hostile learning environment. The College believes that these are mutually supporting, not conflicting goals.

In general, works of art and literature, readings and other written, auditory, or visual course materials, including lectures and discussions, which are used in a learning context or which are a part of academic or cultural programs, would not violate the prohibition against creating a hostile learning environment for students.

For example, a hostile learning environment generally is not created by a detailed discussion of Shakespeare’s Othello, in a literature class, despite the sexual content of some its language may be offensive to some. Similarly, the use of photographs of female or male genitalia in a human anatomy class text generally would not also create a hostile learning environment. On the other hand, the use of explicit photographs from sexually explicit magazines in the same anatomy class would violate the prohibitions of this policy against creating a hostile learning environment for students.

Consensual Relations within the College Community

Because the College is entrusted with guiding students, judging their work, giving grades for courses and making recommendations for students, instructors and other College employees are in a delicate relationship of trust and power. This relationship must not be jeopardized by possible doubts of intent, fairness of professional judgment, or the appearance to other students of favoritism.

It is unwise and inappropriate, therefore, for the College employees who have romantic relations with students to teach or tutor such students, supervise them as student employees, or recommend them for awards or employment. It is equally unwise and inappropriate for employees to form such relationships with students in their classes or under supervision. Prudence and the best interest of the students dictate that in such circumstances of romantic involvement, the students should be aided to find other instructional or supervisory arrangements. Employees are warned that initial consent to a romantic relationship does not preclude a charge of sexual harassment in the future.

Likewise, supervisors can jeopardize the trust of those whom they supervise by raising doubts of intent, or fairness of professional judgment, or by creating an appearance to other employees of favoritism if they form or maintain a romantic relationship with an employee that they supervise. Such an involvement is unwise and inappropriate, and supervisors are urged to avoid such relationships. Supervisors are also warned that initial consent to a romantic relationship does not preclude a charge of sexual harassment in the future.

III. Campus SaVE – Sexual Assault, Domestic Violence, Dating Violence, and Stalking

The Campus Sexual Violence Elimination Act (SaVE) Act was passed in March 2013 as part of the Violence Against Women Reauthorization Act (VAWA). The Campus SaVE Act amends the Clery Act which requires higher education institutions to report crime statistics and disclosure security-related information in the following ways:

  • It adds offenses involving sexual assault, domestic violence, dating violence, and stalking to the crimes that institutions must report and include in their annual security reports (ASR).
  • It expands the categories of reportable “hate crimes” to include those based on bias against gender identity or national origin.
  • The policy statements filed as part of the Annual Security Report (ASR) must now include detailed descriptions of the institution’s internal procedures in cases of domestic violence, dating violence, or stalking, as well as descriptions of its education and prevention programs

Primary Prevention and Awareness Programs

As part of ongoing awareness and prevention, Lee College offers a variety of avenues to inform and educate our students and employees. All prevention and awareness activities are reported in the annual security report. The following are examples of the ongoing efforts:

  • A campus wide Sexual Misconduct Advisory Committee which serves to gain feedback from a cross-section of groups and to bring information back to their constituents and to help with the investigation process.
  • The college website offers information and support services for students, employees and the community.
  • Students have the opportunity to attend workshops provided by the College and community service providers.
  • Information is provided to each student attending a new student orientation which is mandatory for all first time in college students. All new employees complete an interactive online module which gives the employee information about domestic violence, dating violence, sexual assault, and stalking.

Information on Consent

Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. The following further describes consent:

  • Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent.
  • Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  • Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act.
  • The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
  • Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.
  • Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent.

Bystander Intervention

An active bystander is someone who intervenes to interrupt behaviors in social situations that could lead to sexual violence. Effective intervention is the community responsibility of every person. Faculty, staff, and students are encouraged to speak out against attitudes that promote sexual harassment and/or sexual violence and become more supportive of survivors. Confronting these behaviors can help change the social norms of a community and society as a whole. Intervention does not mean that an individual steps in to stop a crime in progress, but rather before the crime begins.

Victims’ Rights

In compliance with The Campus Sexual Assault Victims’ Bill of Rights, Lee College affords basic rights to complainants/victims of sexual assault.

  • The complainant will be notified of their options to involve law enforcement which will not postpone or supersede the investigation conducted by the College.
  • The complainant and the accused will have the same opportunity to have others present; however, the College may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both.
  • Both parties shall be informed of the outcome of any disciplinary proceeding.
  • Complainants / survivors will be notified of counseling and other support services.
  • Complainants / survivors shall be notified of options for changing academic and living situations. If the College Administrator determines that the initial allegations are serious enough to necessitate immediate removal or reassignment during an investigation, the President can make recommendations on temporary moves or suspensions.

IV. Procedures for Reporting Sexual Misconduct

Individuals who are aware of or have experienced an incident of sexual harassment, sexual misconduct, or other prohibited conduct covered by College policy should promptly report and seek assistance. A number of options are available to pursue, including: a confidential discussion with a member of the College community, informal resolution processes, formal grievance procedures, and reporting to the local police. None of these options are mutually exclusive, meaning that individuals may choose any option and, at any time, choose to use another option.

Immediate Response

If you or someone you know is the victim of sexual assault, sexual violence or any other type of sexual misconduct requiring immediate response, you are strongly encouraged to seek immediate assistance. Preservation of evidence and prompt investigation following an incident of sexual assault or sexual violence is critical. If you need immediate assistance, please contact any of the following:

  • Reporting to Law Enforcement – Students or employees who experience any form of sexual violence on or off-campus (including college-sponsored trips and events) are strongly encouraged to immediately report the incident by calling 911, contacting the local police department, or contacting the College’s Security Department, which is available 24 hours a day, seven days a week. Lee College Security Officers can also assist the complainant with filing a complaint both on and off-campus, and in obtaining immediate medical attention, counseling and other services.
  • Obtaining Immediate Medical Attention and Emotional Support – Lee College is committed to assisting anyone who experiences sexual violence to seek comprehensive medical attention as soon as possible to treat injuries, obtain preventative treatment for sexually transmitted diseases, and preserve evidence, among other things. For sexual assault in particular, immediate treatment and preserving evidence of the attack are important for many reasons, including facilitating a criminal investigation. In addition, individuals who have experienced or witnessed sexual violence are encouraged to seek emotional support as soon as possible, either on or off-campus.

On-campus resources include counselors in the Counseling Center, trained to provide crisis intervention and referrals for longer-term care if necessary.

For off-campus resources, Lee College maintains a list of emergency contacts and resources, including rape crisis centers, available throughout the area.

Reporting Sexual Misconduct to the College

Lee College encourages individuals who have experienced sexual harassment, sexual misconduct, or other prohibited conduct to report the incident(s) to campus authorities, even if they have reported the incident to outside law enforcement, and regardless of whether the incident took place on or off-campus. Such reporting will enable individuals to get the support they need, and provide the college with the information it needs to take appropriate action.

A complainant or reporter may report an allegation of sexual harassment/misconduct electronically. Although the online report should submit sufficient information to permit the respondent to understand and respond adequately to the charges being brought, it may not reflect every detail related to the allegations in the complaint, as additional information may be discovered during the investigation.

All employees are expected to be a resource to assist in the process of reporting any incidents on campus. Any person who has been a victim of sexual harassment or any other sexual offense is encouraged to report the incident to a Responsible Employee.  This is any employee who has the duty to report to the appropriate school official sexual violence or any other misconduct by students or employees to the Title IX coordinator or other appropriate school designee. It also includes any individual who a student or employee could reasonably believe has this authority or duty.

A complainant or reporter may also call or meet with one of the following people to initiate a complaint.

For Students:

Students who experience sexual harassment, sexual misconduct, sexual violence or other prohibited conduct may contact one of the following campus officials/offices:

  • Associate Dean of Student Affairs
  • Vice President of Student Affairs

For Employees:

Employees who experience sexual harassment, sexual misconduct, sexual violence or other prohibited conduct may contact one of the following officials/offices:

  • Director of Human Resources (the Title IX Coordinator)
  • Security Captain

For Visitors:

Visitors who experience sexual harassment, sexual misconduct, sexual violence or other prohibited conduct may contact one of the following officials/offices:

  • Title IX Coordinator
  • Security Captain

Once any of the individuals of offices above is notified of an incident, he/she will coordinate with the appropriate offices to address the matter in accordance with these procedures.

A Note about Confidentiality

Lee College recognizes the importance of supporting those who have experienced any form of sexual violence regardless if the student or employee decides to move forward with reporting such violations. Professional counselors may provide support in a secure environment in which questions can be asked, information provided, and guidance offered should the student wish to file a formal complaint.

Due to certain obligations, the College cannot guarantee confidentiality to those who file a complaint; however, privacy is maintained to the greatest extent possible. Information provided will be relayed only as necessary to investigate and/or to see a resolution. College officials must weigh the request of confidentiality with the College’s obligation to provide a safe, non-discriminatory environment for all members of the community. For reporting purposes, public record keeping (i.e., Clery Act reporting and disclosures), will be made with the inclusion of personally identifying information about the victim.

No Retaliation

No person may be subject to restraint, interference, coercion, or reprisal for action taken in good faith who seeks advice concerning a sexual misconduct matter, files a complaint, or serves as a witness or panel member in the investigation of a complaint. Disciplinary action may be taken against any person retaliating in violation of this policy, and such intimidation or interference should be reported immediately to a student affairs administrator or the Director of Human Resources.

Malicious, False Accusations

A complainant whose allegations are found to be both false and brought with malicious intent will be subject to disciplinary action which, for employees, may include, but is not limited to, written warning, demotion, transfer, suspension, or termination from the College. Disciplinary actions for students making malicious false accusations include, but are not limited to, written warning, removal from class, or expulsion from the College.

V. Procedures for Investigating Sexual Misconduct

Sexual Misconduct Subcommittee

The Sexual Misconduct Subcommittee will be widely representative of the entire College with members appointed for staggered three year terms with the possibility of reappointment. It shall consist of a minimum of two faculty members, two members of administrative staff, two members of classified staff , and a student member as needed. Student members will not participate in discussions involving only employees, but will always participate in discussions involving students. All committee members will receive training on dealing with sexual misconduct complaints. For those complaints not resolved, information will be taken back to the Subcommittee for a formal review of the investigation to determine a recommendation for an outcome.

The College provides several channels of communication and both informal and formal complaint resolution procedures to address sexual misconduct complaints. The preference is to resolve complaints at the lowest possible level. When advising procedures or informal procedures are followed, however, they do not preempt other channels available within the College or to outside agencies or courts.

Complaints can include incidences involving either students, employees, or third parties (such as contractors on campus). Students or employees wishing to file a complaint should be directed to a Student Affairs Administrator (if the complaint is against another student) or the Human Resources Office (if the complaint is against an employee or third party). All procedures incorporate the following:

  • A copy of the policy and  procedures will be provided to complainant and the accused.
  • Complainants will be advised on the importance of preserving evidence for the investigation.
  • Informal and formal options are available as appropriate.
  • Procedures allow for a reliable and impartial investigation by individuals who receive annual training issues related to Sexual Harassment, Campus SaVE and the investigation process.
  • Investigation are conducted in a timely manner allowing both parties to provide witnesses or other evidence.
  • A “preponderance of the evidence” standard will be used when adjudicating any sexual misconduct complaint.
  • As part of the process, the College will strive to correct any discriminatory effects and prevent any recurrence of the behaviors.

Informal Complaint Resolutions

A student or employee may want to seek informal complaint resolution including mediation. The aim of informal complaint resolution is not to determine whether there was intent to harass but to ensure that the alleged offending behavior ceases and that the matter is resolved promptly at the lowest possible level.

If the matter was resolved through mediation (either through an inclusive session involving all parties, or in individual and private sessions with a college administrator) all supporting evidence and documents, should be placed with the incident report and filed with the Human Resource Office (for employees) or in the student affairs administrator’s office (for incidences involving a student).

Formal Complaint Resolutions

For those incidents not resolved at the informal level (i.e., either party disagrees with the outcome), the formal complaint procedures in this policy will go into effect. The informal process is not a prerequisite to the formal process. All formal complaints must be presented in writing to the Sexual Misconduct Subcommittee, typically the Human Resource Officer for those complaints against an employee and the Associate Dean of Student Affairs for complaints against students.

The Human Resource Director or the Associate Dean of Student Affairs will work with an investigator from the Sexual Misconduct Subcommittee. Upon the conclusion of the investigation, a recommendation is made to the President in the case of an employee or to the Vice President of Student Affairs in the case of a student. The recommendation may include:

  • the charges are false and malicious;
  • dismiss the complaint for lack of merit;
  • find that the facts are inconclusive;
  • find a preponderance of the evidence indicates that the accused violated the College’s policy and make recommendations to the appropriate administrator about disciplinary action;
  • or allow the parties to sign a written statement of agreement resolving the differences between them.

If necessary, the President will determine any disciplinary action involving an employee. For the student, the Vice President of Student Affairs will determine the disciplinary action, if any. Both parties will be notified of the results in writing.

Appeals Process

Appeals from the formal process may only be made based on

  • Procedural Error
  • Consideration of new evidence
  • Sanctions disproportionate to the offense

In such cases, the Sexual Misconduct Subcommittee Chair, in consultation with the College President, will appoint a panel of three persons from the Sexual Misconduct Subcommittee, always including at least one male and one female, who will review the results of the investigation, make findings of fact and conclusions, and make recommendations to the College President or the Vice President of Student Affairs (in the case of students). No member of the panel should come from the same college department as either the complainant or the accused. A student will serve on all panels when students are involved.

The panel may deny the appeal if there was no procedural errors, no new evidence, or if the sanctions are appropriate to the offense. As with the informal or formal proceedings and after the facts are presented, the panel may find:

  • that the charges are false and malicious;
  • dismiss the complaint for lack of merit;
  • find that the facts are inconclusive;
  • find a preponderance of the evidence indicates that the accused violated the College’s policy on sexual harassment or misconduct and make recommendations to the appropriate administrator about disciplinary action;
  • or allow the parties to sign a written statement of agreement resolving the differences between them.

Further action by the College against either party is not precluded by any agreement between the parties. The findings of the panel will be presented in writing to both parties. For complaints against employees, the President will be notified. For complaints against students, the Vice President of Student Affairs will be notified. The President or Vice President will accept, reject, or modify the panel’s recommendations and will take appropriate action.

 

VI. Advising /Resources

The College provides a list of college and community resources for any individual needing such resources.

Both the Lee College Human Resource Office and the Student Affairs Division offer information on services and support to employees and students. Any person seeking information and advice through the procedural process will be counseled as to the options for action available under this policy. In addition, for those reporting an incident of sexual assault, domestic violence, dating violence, or stalking information will be provided (in writing) resources available both on and off campus.

Resource Persons

Vice President of Student Affairs
Associate Dean of Student Affairs
Affirmative Action Officer/ Human Resources Director