Sep 24, 2021  
2019-2020 Academic Catalog and Student Handbook 
    
2019-2020 Academic Catalog and Student Handbook [ARCHIVED CATALOG]

SEXUAL MISCONDUCT


Casper College is committed to and seeks to maintain a safe academic and work environment. The college prohibits sexual misconduct including sexual harassment, sexual violence, Intimate partner violence, and stalking. The college has a duty to prevent and redress sexual misconduct under federal law including Title IX of the Education Amendment of 1972, Violence Against Women Act, and the Violence Against Women Reauthorization Act of 2013. The full policy is available in the Casper College Policy Manual.

Reporting

Anyone who believes they have been the recipient of sexual misconduct is encouraged to report the incident as soon as possible to any of the following offices or agencies:

  • Title IX administrator 307-268-2667
  • Director of human resources 307-268-2025
  • Campus Security (24 hours a day) 307-268-2688
  • Casper Police Department (24 hours a day) 307-235-8278 or 911
  • Counseling Services 307-268-2267
  • Student Health 307-268-2263
  • Office of the vice president for student services 307-268-2201

The Denver Regional Office of the Department of Education or the Equal Employment Opportunity Commission Office in Denver is also available to address harassment issues. Confidentiality will be maintained for all parties involved, insofar as possible.

Any college employee who receives a complaint of sexual misconduct must immediately notify the Title IX administrator at 307-268-2667. College policy explicitly prohibits retaliation against individuals for bringing harassment complaints. Individuals found responsible for harassment are subject to
disciplinary action.

The reporting party may decline to notify law enforcement or Campus Security. In such cases, college employees are required to provide the director of security with the type, date, time, and location of the offense for Clery Act reporting purposes only. Campus Security will contact law enforcement if the victim is under age 18; requires medical attention; is intoxicated or impaired and may be incapable of making an informed decision, or is too distraught to make wishes known; the alleged perpetrator is still on the scene; or there is an immediate danger to the college community or the community at large.

Definitions

Sexual misconduct is an umbrella term used to encompass sexual harassment, sexual violence, domestic violence, dating violence, and stalking. These are serious violations that may lead to severe sanctions, including suspension or expulsion. The college reserves the right to impose any level of sanction, ranging from a warning up to and including suspension or expulsion, for any act of sexual misconduct or other sex/gender-based offenses, including intimate partner (dating or domestic violence), non-consensual sexual contact, or stalking based on the facts and circumstances of the particular allegation. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation, or gender identity of those involved. Violations include the following.

Sexual harassment includes unwelcome sexual advances, requests for sexual acts or favors, and other verbal or physical conduct of a sexual nature when: 

1. submission to such conduct is made explicitly or implicitly as a term or condition of an individual’s employment, academic advancement, evaluation, or grades; 

2. submission to or rejection of such conduct by an individual is used as a basis for employment, academic advancement, evaluation, or grading decisions affecting that individual; or 

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment. Sexual harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum. This policy will not abridge academic freedom or the college’s educational mission. Is a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. Casper College has adopted the following definition of sexual harassment, to address the special environment of an academic community.

Sexual harassment is unwelcome; sexual, sex-based or gender-based; and may be verbal, written, online, or physical contact.

Anyone experiencing sexual harassment while on campus or in any college program is encouraged to report it immediately to the Title IX administrator or deputy Title IX administrator. Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment, or creates a hostile environment.

A hostile environment is created when sexual harassment is severe, persistent or pervasive and objectively offensive, such that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the college’s educational experience.

Quid pro quo sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational development or performance.

Non-consensual sexual intercourse is any sexual intercourse, however slight, with any object, by a person upon another person. Sexual intercourse includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact) no matter how slight the penetration or contact.

Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent or by force.

Sexual touching includes intentional contact with the breasts, groin, or genitals, mouth or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other bodily contact in a sexual manner.

Sexual exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and that behavior does not otherwise fall within the definitions of sexual harassment, non-consensual sexual intercourse, or non-consensual sexual contact. Examples of sexual exploitation include but are not limited to the following.

● Sexual voyeurism (such as watching a person undressing, using the bathroom, or engaged in sexual acts without the consent of the person observed).

● Invasion of sexual privacy.

● Taking pictures or video or audio recording another in a sexual act or in any other private activity without the consent of all involved in the activity or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity or disseminating sexual pictures without the photographed person’s consent).

● Prostitution.

● Sexual exploitation includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV), a sexually transmitted disease (STD), or infection (STI) without informing the other person of the infection.

● Administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent (assuming the act is not completed).

● Exposing one’s genitals in non-consensual circumstances.

● Sexually based stalking or bullying may also be forms of sexual exploitation.

Force is the use of physical violence or imposing on someone physically to gain sexual access. Force includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you.” “Okay, don’t hit me; I’ll do what you want.”).

Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse, intimate partner, or someone who lives with or shares a child with the victim.

Intimate partner 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. Existence of such a relationship will be determined by consideration of the length of the relationship, relationship type, and frequency of interaction between the people involved.

Stalking includes nonconsensual communication or contact, harassment by the stalker or through a third party, threatening gestures, pursuing or following, surveillance or other types of observation, and trespassing that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress.

Consent is knowing, voluntary, and clear permission by word or action to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent can be withdrawn once given, as long as the withdrawal is clearly communicated.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. 

Incapacitation is when a person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows or should know, that the other person is physically or mentally incapacitated has violated this policy.  

It is not an excuse that the responding party was intoxicated and, therefore, did not realize the incapacity of the reporting party.

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint or from the taking of incapacitating drugs.

Other Civil Rights Offenses. In addition to the forms of sexual misconduct described, the following behaviors are also prohibited as forms of discrimination when the act is based upon the reporting party’s actual or perceived membership in a protected class.

1. Threatening or causing physical harm, extreme verbal abuse, or other conduct that threatens or endangers the health or safety of any person.

2. Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities.

3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another

4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (see Hazing Policy)

5. Bullying, defined as repeated or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally that is not speech or conduct otherwise protected by the First Amendment.

Confidentiality

The college will make all reasonable efforts to maintain the confidentiality of the parties involved in an investigation or hearing to the extent permissible by law. Confidential discussions about sexual misconduct may be available from people who, by law, have special professional status, such as the counselors in the Counseling Services Office. They can be reached at 307-268-2366 during business hours or Campus Security can contact them for the student after hours. Other resources include The Self-Help Center of Casper (307-235-2814) and the Natrona County Victim and Witness Services Office (307-235-9282).

Resources and Support

The college’s immediate priority is the well-being and safety of the reporting party. The college will provide the reporting party with information about appropriate college or local resources, including law enforcement, legal, medical, counseling, and victim advocacy services. Reporting parties will be informed of options for changing academic, living, and working situations, if requested and reasonably available. Reporting parties will be advised of the importance of preserving evidence.

Interim Actions

The college will take necessary actions in response to an allegation to protect an individual’s rights and safety and the safety of the college community. Interim actions may include suspension, changes in academic or work situations or schedules, a no contact order, and restricted access to campus.

Due Process

The reporting party and the responding party will be given due process, will receive written notification of their rights, and are entitled to have an advisor of their choosing present during any meetings or proceedings related to an investigation as long as the advisor is not disruptive to the proceedings.

Investigating a Complaint

The college will conduct a prompt, fair, and impartial investigation into complaints of sexual misconduct, whether or not a law enforcement investigation occurs. College representatives trained on sexual misconduct and Title IX issues will investigate complaints. The college will protect the confidentiality of those involved to the extent possible under the law.

The college may enforce its policies whether or not legal proceedings occur. If there is sufficient evidence, the Title IX administrator will issue sanctions and notify both parties of the decision. If either party disagrees with the outcome, they may request an appeal in accordance with the Student Conduct and Discipline Policy or the Employee Grievance Policy. If an appeal is granted, both parties will be notified of the outcome.

Sanctions and Protective Actions

Upon a finding of sexual misconduct, disciplinary action will take into account the nature and severity of the violation. Disciplinary actions may include, but are not limited to, written warning, probation, suspension, expulsion, removal from college housing, restriction of privileges, community service, mandatory education, or termination of employment. In addition, the college may take protective measures as appropriate, such as no-contact orders or trespass notices. The college will assist the reporting party in changing academic, work, transportation, or living situations if requested and reasonably available. Local law enforcement is responsible for enforcing legal actions. Sanctions issued by the college will stand regardless of the outcome of legal proceedings.

Educational Programs to Promote Awareness

The college provides information on sexual misconduct including defining and identifying sexual misconduct, reporting procedures, campus and community resources for reporting parties, ways to minimize risk, and security services available.


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