How Carteret Community College defines Title IX

What is sexual harassment and sexual violence?

Sexual harassment may be any singular or repeated comment, gesture, contact, or conduct of a sexual nature, which is known or should reasonably be known to be unwelcome. Such conduct is usually one-sided and coercive and may be overt or implicit. Depending on such circumstances as severity and pervasiveness, examples may include but are not limited to the following: sexual innuendo; touching or patting; sexually suggestive remarks or other verbal abuse about gender; demands for sexual favors; sexual assault; implicit or actual threats to the recipient or to his/her job; offensive material or language, whether written or visual (including on or via computers), such as graffiti or degrading pictures; placing a condition of a sexual nature on employment, rewards, avoidance of corrective action, or opportunities for training, transfers, or promotion; and unwelcomed sexual advances by independent contractors, clients, vendors, or other visitors to the college when such advances are condoned, either explicitly or implicitly, by the college.

Sexual Harassment does not include personal compliments welcomed by the recipient, or social interaction or relationships freely entered into by participants. However, the College strongly discourages romantic and sexual relationships between faculty and student or between supervisor and employee even when such relationships appear, or are believed to be, consensual. The lines of power and authority that exist between the parties may undermine freedom of choice. If a charge is made by a party in a consensual relationship, the College will treat the charge the same as any other charge.

Sexual Assault: “Sexual assault” means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system. A sex offense is any act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape is defined as 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 is defined as the touching of the private parts of another person for the purposes of sexual gratification, with-out 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.

Statutory Rape is defined as non-forcible sexual intercourse with a person who is under the statutory age of consent.

 

What is consent?

Consent is an affirmative decision to engage in mutually acceptable sexual activity given by clear actions or words. It is an informed decision made freely and actively by all parties. Relying solely upon nonverbal communication can lead to miscommunication. It is important not to make assumptions; if confusion or ambiguity on the issue of consent arises anytime during a sexual interaction, it is essential that each participant stops and clarifies, verbally, willingness to continue. Individuals should understand that consent may not be inferred from silence, passivity, or lack of active resistance alone. Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility to obtain consent.

 

What is interpersonal violence?

The use of physical violence, coercion, threats, intimidation, isolation, stalking, or other forms of emotional, sexual or economic abuse directed towards a partner in an intimate relationship. Including any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Interpersonal Violence can be a single act or a pattern of behavior in relationships. Intimate partner relationships are defined as short or long-term relationships (current or former) between persons intended to provide some emotional/romantic and/or physical intimacy. Interpersonal Violence includes:

Domestic Violence—includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person similarly situated who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth

Dating Violence— The term ‘‘dating violence’’ means violence committed by a person—who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors: 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. For the purposes of this definition—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.

Stalking— The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—fear for the person’s safety or the safety of others; or suffer substantial emotional distress.

For the 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. Reasonable persons mean a reasonable person under similar circumstances and with similar identities to the victim.

If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, by another College student, you may report such conduct or file a complaint under Title IX with the Dean of Student Services and Enrollment Management. Complaints of student sexual misconduct are governed by the College’s “Student’s Grievance Procedures and Right to Appeal.”

Non-Retaliation

The College will not tolerate reprisal or retaliation of any kind against an individual who in good faith complains of discrimination or sexual harassment under law or College policies, or who participates in any procedure to investigate and address a complaint regarding discrimination or sexual harassment. Retaliation is adverse treatment that occurs because of opposition to unlawful harassment. Retaliation by any employee of the College against a student or an employee for responsibly using the policy and its procedures is grounds for appropriate disciplinary action.