Policy VI.6004.D, Campus Sexual Misconduct

Policy VI.6004.D, Campus Sexual Misconduct

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Purpose

This policy is state-mandated by both Texas House Bill 699 (2015) and Senate Bill 968 (2017) and requires colleges to develop a training for students regarding campus sexual misconduct and deliver the training during students’ first term of enrollment.  Both bills require the inclusion of definitions of prohibitive behavior, sanctions for violations, and protocol for reporting and responding to reports of campus sexual assault.  In addition, the content of the policy is also federally mandated in accordance with the Reauthorization of the Violence Against Women Act (VAWA) and the Campus SaVE amendments to the Clery Act in 2013.

Policy

San Jacinto College prohibits all employees and students from engaging in sexual harassment, sexual violence, and other behaviors of a sexual nature that are hostile, unwelcome, or intimidating.  This prohibition encompasses conduct occurring on-campus or in connection with a College activity or program.  Prohibited conduct that occurs off-campus is also encompassed by these rules if the conduct creates a sexually hostile environment on campus or in a college activity or program or adversely affects another student’s educational opportunities at the College. 

Students who believe that they have been subjected to sexual misconduct (sexual assault, sexual harassment, dating violence, domestic violence, intimate partner violence or stalking) are encouraged to report their complaint to the SJC Campus Police Department (281-476-9128) as soon as possible after the incident occurs.  Reports of sexual misconduct involving another student also may be directed to the Compliance & Judicial Affairs Office by submitting an Online Incident Report at www.sanjac.edu/incident-report or by calling 281-478-2756.  Reports of sexual misconduct involving an employee should be reported to the Human Resources Department by calling 281-998-6115.

Existing disciplinary and complaint procedures, found in the Student Handbook, will serve as the framework for resolving allegations of sexual misconduct against students.  Students found responsible for sexual misconduct will be subject to campus disciplinary sanctions.  If an investigation substantiates that an employee engaged in sexual misconduct, the employee is subject to disciplinary action, up to and including termination, as provided in Board policy.  In addition, any employee or student may face criminal prosecution for violations of applicable state and federal laws. 

All sexual misconduct policies and complaint procedures (for students) can be found in the Code of Student Conduct and the Complaint Procedures sections of the Student Handbook.  Employee-related policies and procedures can be accessed on the Human Resources page of the College website.

In accordance with Texas House Bill No. 699, Senate Bill 968 (2017), and the Campus SaVE Act/Clery Act, San Jacinto College provides an orientation/training on the College’s campus sexual misconduct policy for incoming freshman during their first term of enrollment.

Definitions of Prohibited Behavior

(Definitions and additional information can be found in the Student Handbook)

Sexual Assault: Intentionally or knowingly causing physical sexual contact or sexual penetration of another person without that person’s consent. "Sexual contact" includes any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.  Sexual assault is without consent of the other person if the actor compels the other person to submit or participate by use of physical force or violence, or threat of force or violence, and the other person believes the actor has the present ability to execute the threat; or the other person cannot consent due to age, mental impairment, or other circumstance. 

Sexual Harassment: Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome verbal comments of a sexual nature, and unwelcome physical contact or touching of a sexual nature. Sexual harassment is wrongful regardless of whether the parties are of the same sex or of the opposite sex. 

Dating Violence: 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. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence: The term “domestic violence” refers to a pattern of abusive behavior between two individuals formerly or currently in an intimate relationship, including through marriage, cohabitation, dating, or within a familial or household arrangement.  Abuse may be in the form of physical assault, sexual assault, bodily injury, emotional distress, physical endangerment, or when the imminent threat of any of these instances puts the victim in fear of their occurrence.  The term encompasses acts 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, and by a person similarly situated to a spouse or the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Intimate Partner Violence: Physical violence, sexual violence, stalking and psychological aggression (including coercive acts) by a current or former intimate partner.

Stalking: 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.  “Course of conduct” means two more acts, including, but not limited to, acts in which the stalker directly or indirectly, or through third parties, by any action, method, device or means. 

Definitions

Violence Against Women Act (VAWA): was signed into law in 1994 by President Clinton, and reauthorized twice by President Bush (2000 and 2005).  As it relates to the College, the act provided funding toward investigation and prosecution of violent crimes against women and imposed automatic and mandatory restitution on those convicted.  It was expanded in 2013 as the Campus SaVE Act with the purpose of expanding the scope of legislation regarding reporting (how a college educates students to report), response (how a college educates students on how a College will respond to reports), and prevention education (for students and employees) for the following areas: domestic violence, dating violence, sexual assault, and stalking.

Campus SaVE Act: refers to the Campus Sexual Violence Elimination Act of 2013.  See the definition above.

The Authority, Applicability, Sanctions, Exclusions, and Interpretation do not differ from Policy II.2000.A, Policy and Procedures Development, Review, Revision, and Rescission.

Associated Procedures

Procedure VI.6004.D.a, Reporting and Handling Campus Sexual Misconduct

Date of Board Approval

August 6, 2018

Effective Date

August 7, 2018

Primary Owner

Deputy Chancellor & President

 

Secondary Owner

Associate Vice Chancellor, of Student Service