Sexual Misconduct
Sexual Misconduct Policy
Howard Community College (the “college”) recognizes that sexual misconduct damages the integrity of the educational institution, destroys the institution’s positive work and educational atmosphere, and causes psychological and physiological damage to the victim. The college condemns such illegal activity and is strongly committed to providing a learning and working environment free from any form of sexual misconduct. Sexual misconduct is an umbrella term that includes sexual and gender-based harassment or discrimination, sexual violence, dating violence, domestic violence, sexual exploitation, sexual intimidation, and stalking. Howard Community College prohibits and will not tolerate sexual misconduct. Sexual misconduct is a form of sex discrimination prohibited by state and federal laws, including Title IX of the Education Amendments of 1972 as amended (“Title IX”) and Title VII of the Civil Rights Act of 1964 as amended, and also may constitute criminal activity.
Howard Community College will promote a climate that is free from sexual misconduct through training, education and prevention programs. The college will also promote prompt reporting, prohibit retaliation, and promote timely, fair, and impartial investigation and resolution of reported sexual misconduct. Any employee, student, vendor, or affiliated person who engages in sexual misconduct in violation of this policy will be subject to disciplinary action including but not limited to dismissal from a class, suspension from the college, termination of a contract or debarment in the case of vendors, or permanent expulsion or termination in the case of employees.
All college community members are subject to this policy, regardless of sex, sexual orientation, gender identity, and gender expression. This includes all college students, faculty, and staff, as well as third parties and contractors under the college’s control. Violations of the policy may occur between individuals or groups of individuals of any sexual orientation or actual or perceived gender identity. This policy applies to sexual misconduct in connection with any college program or activity, including sexual misconduct: (1) in any college facility or on college owned or controlled property; (2) in connection with any college sponsored, recognized or approved program, visit or activity, regardless of location; (3) that impedes equal access to any college education program or activity or adversely impacts the employment of a member of the college community; or (4) that otherwise threatens the health or safety of a member of the college community.
Any type of retaliatory or intimidating behavior against a person who files a complaint or otherwise participates in an investigation or adjudicatory action is expressly prohibited by this policy. Howard Community College will take strong disciplinary action against any individual or group of individuals found responsible for retaliating or intimidating, or attempting to retaliate or intimidate, another person for making a report of sexual misconduct, participating in the investigation of sexual misconduct, participating as a witness in an adjudicatory proceeding, or otherwise participating in any way in support of a person exercising rights under this policy.
Sexual Misconduct Procedures
A. Definitions of Prohibited Forms of Sexual Misconduct
- Sexual Violence is a form of sexual harassment and refers to physical sexual acts perpetrated without consent. Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion. Sexual violence, in any form, is a criminal act.
- Sexual Harassment is any unwelcome sexual advance, unwelcome request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when: (1) Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s evaluation of academic work, employment, or participation in any aspect of a college program or activity; (2) Submission to or rejection of such conduct by an individual is used as the basis for academic, employment, or activity or program or activity participation related decisions affecting an individual; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, i.e., it is sufficiently severe or pervasive to create an intimidating, hostile, humiliating, demeaning or sexually offensive working, academic, residential, or social environment, which interferes with, denies, or limits an individual’s ability to benefit from the college’s educational program or activities, or professional or employment performance. Sexual harassment may include, but is not limited to the following: (1) verbal harassment or abuse; (2) pressure for sexual activity; (3) unwelcome touching; (4) suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one’s grades, job, etc.; (5) displaying pornographic or sexually suggestive images in a place or manner where others could view such images and be offended; or (6) using sexually suggestive language in a place or manner where others could hear such language and be offended.
- Sexual Assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault, as defined by the Violence Against Women Reauthorization Act of 2013 (VAWA), refers to any offense that meets the definition of rape (any 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 (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), or statutory rape (sexual intercourse with a person who is under the statutory age of consent) as used in the FBI’s Uniform Crime Reporting (UCR) program. Non-consensual sexual contact and non-consensual sexual intercourse as defined below may constitute sexual assault within the meaning of this policy.
- Non-Consensual Sexual Contact is any intentional sexual touching, however slight and with any object or body part, or exposure or disrobing of another, that is without consent (as defined below) or by force or coercion. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
- Non-Consensual Sexual Intercourse is any sexual penetration or copulation, however slight and with any object or body part, that is without consent or by force or coercion. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.
- Sex Offense is any sexual act perpetrated against another person, without the consent of the victim, to include when a person is incapable of giving consent due to the victim’s use of drugs or alcohol or an intellectual or other disability. A respondent’s level of intoxication will not diminish his/her responsibility for sexual assault or sex offense.
- Sexual Exploitation means taking non-consensual or abusive sexual advantage of another to benefit anyone other than the person being exploited. Examples include: invading privacy, going beyond the boundaries of consent (such as letting someone hide in a closet to watch you having consensual sex), video or audio recording of sexual acts without consent, knowingly transmitting a sexually transmitted infection (STI), sexually-based stalking or bullying, or exposing one’s genitals.
- Sexual Intimidation means (1) threatening to sexually assault another person; (2) gender or sex-based stalking, including cyber-stalking; or (3) engaging in indecent exposure.
- Dating Violence means violence or threat of violence between individuals in a personal and private social relationship of a romantic or intimate nature. The existence of such a relationship will be determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
- Domestic Violence means violence committed by a current or former spouse or intimate partner, by a person with whom a child is shared in common, by a person cohabitating with or has cohabitated with the individual as a spouse or intimate partner, by a person similarly situated to a spouse, or by any other person similarly situated to a spouse or any other person against an adult or youth protected from those acts by domestic or family violence laws of Maryland. Domestic violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.
- Stalking means the intentional, repetitive or menacing pursuit, following, harassment, or other interference with the peace or safety of another person or that of his or her immediate family members; including cyber-stalking. The definition of stalking also includes intentionally following another person in or about a public place without their consent or maliciously engaging in a course of conduct that alarms or seriously annoys the person with the intent to do so after receiving a reasonable warning or request to stop. Stalking, harassment, and cyber-stalking behaviors may include, but are not limited to: (1) repeated, unwanted/unsolicited contact that includes face-to-face contact, telephone calls, voice messages, text messages, electronic mail, instant messages, written letters, or unwanted gifts; (2) repeated, unwanted/unsolicited communication on public and college community internet sites; (3) disturbing online messages; (4) persistent physical approaches or requests for dates, meetings, etc.; (5) threats that create fear for one’s life or safety, or fear for the safety of one’s family, friends, roommates, or others; (6) unwanted touching; (7) pursuing or following another person, repeatedly showing up or waiting outside a person’s home, classroom, place of employment, or vehicle; (8) using surveillance or other types of observation, either in person or through the use of electronic devices or software to track or obtain private information; (9) harassing another person, either in person or through a third party; (10) using threatening gestures; (11) trespassing or breaking into a person’s vehicle or residence; or (12) vandalism or destruction of a person’s personal property.
B. Definition of Consent
Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, voluntary, mutually understood permission to engage in (and the conditions of) sexual activity. Consent must meet all of the following standards:
- Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of non-consent.
- Given freely. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that he/she does not want to engage in the behavior, he/she wants to stop the behavior, or that he/she does not want to go beyond a certain point of sexual interaction.
- Provided knowingly. Legally valid consent to sexual activity cannot be given by:
- A person under the legal age to consent (16 years old in Maryland) or
- An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated individual is someone who cannot freely make rational, reasonable decisions because he/she lacks the capacity to understand the “who, what, when, where, why, or how” of a sexual interaction. This includes a person whose incapacity results from: being mentally disabled, asleep or passed out, involuntarily physically restrained, physically forced, unconscious or having a blackout, or beaten; feeling scared, physically forced, intimidated, coerced, threatened, or isolated; or having ingested, inhaled, or been injected with date rape drugs, or using alcohol or other drugs. Possession, use, or distribution of any drugs, alcohol, or similar substances is prohibited and administering a date rape drug to another student is a violation of this policy.
- Specific. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.
C. Definitions Related to Implementation of Policy
- Retaliation means intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or college policy relating to sexual misconduct, or because an individual has made a report, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing related to sexual misconduct. Retaliation includes retaliatory harassment.
- Interim Measures means reasonably available steps the college may take to protect the parties while a sexual misconduct investigation is pending.
- Responsible Employee includes any college employee who (1) has the authority to take action regarding sexual misconduct; (2) is an employee who has been given the duty of reporting sexual misconduct; or (3) is someone another individual could reasonably believe has this authority or duty. At a minimum, responsible employees must include: the Title IX coordinator and any Title IX team members, all college administrators, all faculty, all athletic coaches, and college public safety staff members.
II. Reporting Sexual Misconduct and Requesting Interim Measures
The college encourages victims of sexual misconduct to report those incidents to the college’s Title IX coordinator, or any responsible employee with whom the victim feels comfortable.
A. Victim Reporting
The college will offer victims of sexual misconduct options for reporting the misconduct and requesting interim measures required by Title IX. These options will include:
- The victim reports the misconduct to the Title IX coordinator or another college employee whom the college has designated as responsible for receiving or responding to reports of sexual misconduct. The victim should be notified of the interim measures available and requests for interim measures can be made by the victim to the Title IX coordinator or responsible employee. Reports of sexual misconduct to responsible employees will be forwarded to the Title IX coordinator who will determine what steps need to be taken. Generally, the college will investigate the report to determine what occurred and the college will provide interim measures during the investigative process and any disciplinary process.
- The victim discloses the misconduct to a victim advocate through the office of the vice president of student services, the office of human resources, or the office of counseling and career services, who in turn can request interim measures from the college on the victim’s behalf. Under the second option, victims should be aware that when a victim advocate obtained through one of the above offices requests interim measures on their behalf from a responsible employee of the college and discloses that the reason for the request is sexual misconduct, the request may trigger the college’s Title IX obligation to investigate. To the extent the victim advocate through the office of the vice president of student services, office of human resources, or the office of counseling and career services makes such a disclosure, but, consistent with the victim’s wishes, asks that the college not investigate or otherwise notify the alleged perpetrator of the report, the Title IX coordinator will consider whether it can honor the request while still providing a safe and nondiscriminatory environment for all students, and take interim measures to protect the victim as necessary.
- The victim, or the aforementioned advocate, requests supportive measures from the college without reporting the sexual misconduct to the college. While the college strongly encourages all victims of sexual misconduct to report the incident to the college directly, the college wants victims to have access to supportive measures regardless of when or whether they decide to report the conduct to the college.
B. Third Party and Anonymous Reporting
Individuals who have become aware of a violation of this sexual misconduct policy that does not involve the individual directly should report the misconduct to the college’s Title IX coordinator. If an individual wishes to report a violation of the sexual misconduct policy anonymously, the report should also be made to the Title IX coordinator. Anonymous reporting may limit the college’s actions.
C. Notification of the Means of Reporting Sexual Misconduct and Requesting Interim Measures
The college will provide notification to the college community of the means of reporting sexual misconduct and requesting interim measures.
III. Interim Measures
Interim measures are those services, accommodations, or other assistance that the college puts in place for victims after receiving notice of alleged sexual misconduct but before any final outcomes - investigatory, disciplinary, or remedial - have been determined. The college wants its students to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their educational opportunities. Upon receiving a report of sexual misconduct, the college will provide the victim, or the victim’s advocate, with a written explanation of the interim measures available on campus or through local community resources and will ask victims, or their advocates, what measures are sought. The college will determine which measures are appropriate for a particular victim on a case-by-case basis. If the victim or advocate identifies an interim measure that is not already provided by the college, the college will consider whether the request can be granted. In those instances where interim measures affect both a victim and the alleged perpetrator, the college will minimize the burden on the victim wherever appropriate.
A victim of sexual misconduct, or the victim’s advocate, may request the interim measures listed below. The college, after consulting with the victim or the victim’s advocate, will determine which measures are appropriate to ensure the victim’s safety and equal access to educational programs and activities:
- Academic accommodations
- Assistance in arranging for alternative college employment arrangements or changing work schedules
- A “no contact” directive pending the outcome of an investigation. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another
- Providing an escort to ensure that the victim can move safely between educational programs and activities
- Assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support, and services
The college will work with victims or their advocates to identify what interim measures are appropriate in the short-term (e.g., during the pendency of an investigation or other college response), and will continue to work collaboratively throughout the college’s processes and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the victim safe.
If a victim or a victim’s advocate requests any of the above measures on the victim’s behalf without disclosing that sexual misconduct is the basis for the request, the college will consider these requests for supportive measures consistent with its general policy of allowing advocates to seek such measures for victims of trauma without requiring that the nature of the trauma be disclosed.
IV. Investigation Procedure and Protocol
The college’s Title IX coordinator is responsible for receiving, investigating, and coordinating the response to reports of sexual misconduct policy violations at Howard Community College. Once the college knows or reasonably should know of possible sexual misconduct, it must take immediate and appropriate action, in accordance with its internal procedures, to investigate or otherwise determine what occurred. This obligation applies to sexual misconduct covered by this policy regardless of where the sexual misconduct allegedly occurred, regardless of whether a concurrent law enforcement investigation or action is pending, and regardless of whether a formal complaint is filed.
A number of college employees will be trained in conducting a formal investigation and may be designated by the Title IX coordinator to assist as appropriate and if needed. As part of the investigation, the investigator will meet with the reporting party to gather as much information as available about the alleged violation. The investigator should additionally interview anyone involved with the alleged violation in order to collect evidence and information.
Both the complainant and the respondent in an investigation have equitable rights to review evidence and participate in meetings specific to the investigation.
A request for confidentiality by the individual reporting alleged sexual misconduct may limit, but not prohibit, the college’s ability to limit the effects or prevent recurrence of alleged sexual misconduct.
V. Grievance and Adjudication Procedures
Any alleged violation of this sexual misconduct policy will be adjudicated under the procedures outlined by the Howard Community College student code of conduct in the case of an alleged violation by a student enrolled at Howard Community College and by procedures otherwise applicable to adjudication of employee and third party alleged misconduct. The procedures, participants, sanctions and appellate process all apply to these proceedings related to alleged violations of this policy. However, to the extent such procedures are not otherwise specified or are in conflict with any procedures outlined by the Howard Community College student code of conduct or the procedures applicable to the investigation of employee or third party conduct, the following procedures specific to the adjudication of violations of this sexual misconduct policy will apply:
- The parties to the proceeding will have equitable rights including: notice of hearings to both parties; an opportunity for both parties to present witnesses and other evidence, such as information about the specific alleged violation but not about the complainant’s prior sexual conduct with anyone other than the alleged perpetrator.
- The parties will be afforded similar and timely access to information to be used during the proceeding.
- The parties are entitled to the same opportunities to have others present during the proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an adviser of their choice (the scope of any adviser’s role or potential involvement will be explained to the parties).
- The preponderance-of-the-evidence (i.e., more likely than not) standard will be applied as the standard of review for determining findings of fact; used in any Title IX fact-finding and related proceedings, including any hearing.
- Evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual misconduct.
- The appeal process will be equally available to both parties.
- Either party has the right to appeal the outcome of the complaint if not satisfied with the result. A written appeal must be filed in writing within seven business days of the outcome or resolution. Appeals involving a complaint of sexual misconduct made against a student should be filed with the vice president of academic affairs. Appeals involving a complaint of sexual misconduct made against an employee should be filed with the vice president of administration and finance. The appeal should state the reason(s) for the appellant’s belief that the outcome is unsatisfactory and provide evidence to support those reasons. Appeals will only be granted (1) when sanctions are substantially disproportionate to the offence, where mitigating factors warrant a reduced sanction or aggravating factors warrant a greater sanction; (2) if procedural errors or conduct of the investigation were so substantial as to effectively deny fundamental fairness; or (3) if new and significant evidence became available that could not have been discovered by a properly diligent party before or during the original investigation. If one or more of the above criteria are met, the vice president will review the appeal and issue a written decision within 30 days after its receipt. The decision of the vice president is final.
Mediation is never appropriate in sexual assault cases and will not be used at the college.
Any party participating in a proceeding may raise issues related to potential conflicts of interest of investigators or other individuals participating in the adjudication process by contacting the Title IX coordinator.
As permitted by law, the institution must notify the parties concurrently, in writing, about the outcome of the complaint and whether or not sexual misconduct was found to have occurred. The institution must also concurrently inform the parties of any change to the results or outcome that occurs before the results or outcome become final, and the institution must inform the parties when the results or outcome become final. In addition, Howard Community College will not require either participant to abide by a nondisclosure agreement in writing or otherwise that would prevent the re-disclosure of information related to the outcome of the proceeding.
VI. Prompt Resolution
If there is a determination that sexual misconduct has occurred, prompt and effective steps to eliminate the sexual misconduct, prevent its recurrence, and address its effects will be taken. Prompt generally means within 60 calendar days from the time a report is brought to the college’s attention until an initial decision is rendered. There may be circumstances that prevent the college from meeting the 60-day timeline. In such circumstances, the college will document the reasons why it was unable to meet the 60-day timeline.
VII. Training
A. Prevention and Awareness Education
The college will develop and implement preventive education directed toward both employees and students. These educational initiatives will contain information regarding what constitutes sexual misconduct, definitions of consent and prohibited conduct, the college’s procedures, bystander intervention, risk reduction, and the consequences of engaging in sexual misconduct. These educational initiatives will be provided for all incoming students and new employees. The college will also develop ongoing prevention and awareness campaigns for its students and employees addressing the same information.
Howard Community College will provide on-going education and awareness information about this sexual misconduct policy and related procedures through student orientation, workshops, handouts, letters, poster campaigns, and other outreach activity targeted at the general student population as well as athletes and other campus leaders.
B. Annual Training Related to Implementation of Policy
Howard Community College employees will receive -annual training on how to report incidents of sexual misconduct as well as how to effectively support victims. In addition, public safety personnel, the Title IX coordinator, campus investigators, and participants in the adjudication process will participate in appropriate annual training to assist them in meeting their responsibilities related to implementation of this policy.
Title IX Compliance Oversight
A. Title IX Coordinator
The president will appoint a Title IX coordinator responsible for coordinating the institution’s efforts to comply with and carry out its responsibilities under Title IX.
The Title IX coordinator must have adequate training on the requirements of Title IX, including what constitutes sexual misconduct, consent, credibility assessments, and counter-intuitive behaviors resulting from sexual misconduct. The coordinator must understand how relevant institution procedures operate and must receive notice of all reports raising Title IX issues at the college.
B. Title IX Team
The Title IX coordinator may identify a Title IX team, which may include the Title IX coordinator, Deputy Title IX coordinator, Title IX investigators, and representatives from campus public safety and the office of human resources. The Title IX coordinator will be responsible for coordinating the activities of the Title IX team.
C. Notice of Nondiscrimination
1. Content
The college will publish a notice of nondiscrimination that contains the following content:
a. Title IX prohibits the college from discriminating on the basis of sex in its education program and activities;
b. Inquiries concerning the application of Title IX may be referred to the college’s Title IX coordinator or the Office for Civil Rights; and
c. The Title IX coordinator and any Title IX team member’s title, office address, telephone number and email address.
2. Dissemination of Notice
The notice will be widely distributed to all students, employees, applicants for admission and employment, and other relevant persons. The notice will also be prominently displayed on the college’s website and at various locations throughout the campus, and must be included in publications of general distribution that provide information to students and employees about the college’s services and policies. The notice should be available and easily accessible on an ongoing basis.
VIII. Legal Sufficiency Review
The college will ensure that sexual misconduct cases involving sexual assault undergo an appropriate legal sufficiency review by counsel prior to any decision.
IX. Record Keeping
The college will maintain records of actions taken under this policy, including, but not limited to, records of any reports of sexual misconduct, records of any proceedings or resolutions, and records of any sexual misconduct trainings (including, but not limited to, lists of trainees, dates of training, and training content), and will maintain such records in accordance with the college’s records retention schedule.
Title IX Oversight
Students who wish to report a concern or complaint related to sex discrimination may do so by reporting to:
Cynthia Peterka, Vice President of Student Services
Title IX Co-Coordinator
Howard Community College
10901 Little Patuxent Parkway, MH-258
Columbia, MD 21044
443-518-4809
David Jordan, Associate Vice President of Human Resources
Title IX Co-Coordinator
Howard Community College
10901 Little Patuxent Parkway, N-100
Columbia, MD 21044
443-518-1100
Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education:
Office for Civil Rights (OCR)
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Customer Service Hotline: (800) 421-3481
Facsimile: (202) 453-6012
TDD: (800) 877-8338
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr