Sexual Misconduct / Title IX Overview

What is Title IX and how does it affect me?

Title IX is a federal law that prohibits sex discrimination and harassment in educational institutions. The law prohibits sex/gender discrimination.

What is Sexual Harassment/Misconduct?

The Office of Civil Rights (OCR) deems all acts of non-consensual sexual contact (i.e. “sexual violence”), such as “rape, sexual assault, sexual battery, and sexual coercion” as sexual harassment and therefore within Title IX’s purview (See OCR April 4, 2011 DCL, p. 1-2).

Sexual Misconduct includes unwanted or attempted sexual activity, touching, or behavior. Sexual misconduct includes, but is not limited to the following:

Sexual Harassment: Unwanted behavior or language based on gender that prevents someone from attending or benefiting from class, work, or other RRCC activities. Harassment can happen between any people and can be mild or severe (see below matrix).

Examples:

  1. Unwanted sexual advances, asking for sexual favors.
  2. Gender-based stalking, bullying, or hazing.
  3. Trying to pressure an unwilling person into a sexual situation.
  4. Violence between people in a relationship.
  5. Repeatedly giving someone unwelcome attention that is sexual in nature.

Non-Consensual Sexual Contact: Any sexual touching (such as groping or fondling) that is
on purpose and/or by force.

Non-Consensual Sexual Intercourse: Any sexual penetration (such as rape or unwanted oral sex)
without consent and/or by force.

Sexual Exploitation: Taking advantage of another person in a sexual situation. For example:
Invasion of sexual privacy, recording sexual activity without consent, or watching another
Person in an intimate situation without consent.

Who is Affected?

Sexual harassment is a form of sexual misconduct that often involves an abuse of power; however, it can also occur between peers, such as student-to-student. It is also possible for a student to harass a faculty member or employee of the college. Sexual harassment can involve persons of the same or opposite sex. Both men and women can be targets or perpetrators of harassment. Persons who observe someone being harassed may also be intimidated or offended and experience sexual harassment.

What is “Consent” or a Consensual Relationship?

Consent

Consent must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give effective consent, one must be of legal age. Furthermore, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.

Incapacitation

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental disability, sleep, involuntary physical restraint, or from the ingestion of rape drugs. Possession, use and/or distribution or any of these substances, including but not limited to Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/ .

Having sex with someone whom you know to be, or should know to be, incapacitated (mentally or physically) is a violation of this procedure.

Use of alcohol or other drugs will never function as a defense to a violation of this procedure.

If You Experience Sexual Misconduct/Harassment:

If anything described on this website happens to you or someone you know, or you suspect something, it is your obligation to Report It!

Bill Dial
Director, HR & Title IX
bill.dial@rrcc.edu
303.914.6298
Lisa Fowler
Vice-President, Student Success
lisa.fowler@rrcc.edu
303.914.6302
Linda Comeaux
Vice-President of Instruction
linda.comeaux@rrcc.edu
303.914.6402

Or, please complete the complaint form here: Incident Reporting Form

If You Experience Sexual Violence:

  1. Go to a safe place and call someone. Call 911.
  2. Don’t shower, wash your hands, change or remove your clothes, or apply or take medication.
  3. Go to a hospital for medical attention.
  4. Get help, like counseling or victim assistance. (College staff are required to report alleged violations under Title IX)

If you would like to speak to someone but not report the alleged violation, you can receive a counseling referral from Student Affairs or contact Denver's rape crisis center, the Rape Assistance and Awareness Program (RAAP). Call their 24-hour hotline at 303.322.7273, or learn more at www.raap.org.

Retaliation is Prohibited:

It is a violation of CCCS policy and RRCC procedures to engage in retaliatory acts against any employee or student who reports an incident of sexual misconduct, or any employee or student who testifies, assists, or participates in a proceeding, investigation, or hearing relating to such allegation of sexual misconduct.

Dealing with Sexual Harassment:

  1. Tell the person to stop immediately.
  2. Be proactive: If you are uncomfortable with the behavior, say so.
  3. Be Consistent: Each time a person’s behavior “crosses the line”, confront the person.
  4. If you are uncomfortable confronting the person, contact a college administrator, supervisor, or Human Resources.

RRCC and CCCS Sexual Misconduct Policy Links:

Reporting an Incident of Sexual Misconduct or Harassment:

RRCC employees and students have an ethical obligation to report an incidences they are aware of concerning discrimination and/or harassment. If the employee or student is unsure, he/she may direct their questions to the Human Resources Director at the college.

Incident Reporting Form

Confidential Resources:

Denver's rape crisis center, the Rape Assistance and Awareness Program (RAAP) is available to help at any time. Call their 24-hour hotline at 303.322.7273, or learn more at www.raap.org.