Oregon Coast Community College

Gender-Based and Sexual Misconduct Policy

 Students in Lecture

Introduction

Oregon Coast Community College (OCCC) students and employees, as well as guests and visitors, have the right to be free from all forms of discrimination based on sex, gender, gender expression, and actual or perceived gender identity or sexual orientation, gender identity and sex-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The College does not tolerate gender-based or sexual misconduct. When an allegation of gender-based or sexual misconduct is brought to an appropriate OCCC official’s attention and a Respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and establish a mechanism for determining when those expectations have been violated.

 

Definitions – What does this policy apply to?

The policy applies to all OCCC community members, including students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors and any individuals regularly or temporarily employed, studying, visiting, conducting business or having any official capacity with the College or on College property. This policy is intended to protect and guide individuals who have been affected by sexual harassment, sexual violence, stalking or intimate partner violence, or discrimination based on actual or perceived sexual orientation, gender identity or expression, whether as a Complainant or a Respondent, and to provide fair and equitable procedures for investigation and resolution of reports.

All OCCC community members are required to follow College policies and local, state, and federal law. This policy applies to conduct occurring on OCCC property or at College-sanctioned events or programs that take place off campus, including study abroad and internship programs. In situations in which both the Complainant and Respondent are members of the OCCC community, this policy will apply, regardless of the location of the incident. In particular, off-campus conduct that is likely to have a substantial adverse effect on, or poses a threat of danger to any member of the OCCC community, is covered under this policy.

A Complainant is encouraged to report misconduct regardless of where the incident occurred or who committed it. Even if the College does not have jurisdiction over the Respondent, the College will still take prompt action to provide for the safety and well-being of the Complainant and the broader campus community.

When used in this policy, the term “Complainant” refers to the individual who identifies themselves as being a victim or survivor of sexual harassment, sexual violence, stalking or intimate partner violence, or discrimination based on actual or perceived sexual orientation, gender identity or expression. The term “Respondent” refers to the individual who has been accused of prohibited conduct under this policy.

When used in this policy, “consent” must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threat, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption that meets this standard, or being asleep or unconscious.

When used in this policy, the phrase “gender-based or sexual misconduct” includes, but is not limited to:

  1. Sexual harassment: Conduct that is sexual in nature, is unwelcome, and that either (1) denies or limits an individual’s ability to participate in or benefit from the College’s educational programs; (2) creates a hostile, intimidating, or offensive working environment; or (3) submission to or rejection of such conduct is used as a basis for employment, salary, or other benefit changes affecting an employee or academic decisions affecting a student. Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexually-based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying .Examples of Harassment:
    • A professor insists that a student have sex with them in exchange for a good grade. This is harassment regardless of whether the student accedes to the request.
    • An individual repeatedly sends sexually oriented jokes around on an email list they created, even when asked to stop, causing one recipient to avoid the sender on campus and in a student activity in which the student participates.
    • Explicit sexual pictures are displayed in a professor’s office.
    • Two supervisors frequently ‘rate’ several employees’ bodies and sex appeal, commenting suggestively about their clothing and appearance.
    • A professor engages students in discussions in class about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. They probe for explicit details, and demands that students answer, though they are clearly uncomfortable and hesitant.
    • An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus.
    • Male students take to calling a particular brunette student “Monica” because of her resemblance to Monica Lewinsky. Soon, everyone adopts this nickname for her and she is the target of relentless remarks about cigars, the president, “sexual relations,” and Weight Watchers.
    • A student grabs another student by the hair, then grabs her breast and put his mouth on it.
    • A transgender student is using the men’s locker room when another male student exclaims, “I’m gonna prove you’re really a girl!” and tries to remove his towel so as to expose his genitals.

    These offenses are referenced and incorporated within sexual harassment, but also broken-out as stand-alone offenses, below.

    The use of force is not “worse” than the subjective experience of violation of someone who has sex without consent. However, the use of physical force constitutes a stand-alone non-sexual offense, as well, as it is our expectation that those who use physical force (restrict, battery, etc.) would face not just the sexual misconduct charge, but charges under the code for the additional assaultive behavior.

  1. Retaliation: Any adverse treatment (beyond a slight or annoyance) that is taken because a person engaged in protected activity (e.g., opposing discriminatory practices, filing a discrimination or discriminatory harassment complaint, or participating in an investigation, conduct process, or an attempt at resolution, etc.) or for the purpose of interfering with right or privilege granted under anti-discrimination laws.
  1. Non-consensual sexual contact:
  • Any intentional sexual touching;
  • however slight;
  • with any object;
  • by a person of any gender upon a person of any gender;
  • that is without consent and/or by force.
  1. Sexual Contact includes: intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact of a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
  1. Non-consensual sexual intercourse:
  • Any sexual intercourse;
  • however slight;
  • with any object;
  • by a person of any gender upon a person of any gender;
  • that is without consent and/or by force.
  1. Intercourse includes: vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
  1. Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
  • Invasion of sexual privacy;
  • Prostituting another individual;
  • Non-consensual video or audio-taping of sexual activity;
  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • Engaging in voyeurism;
  • Knowingly transmitting an STI or HIV to another individual;
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation
  1. Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law
  1. Dating violence: Violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
  1. Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for their or another’s safety, or to suffer substantial emotional distress.
  1. Intimidation: Words or conduct that place the victim in reasonable fear of bodily harm. Intimidation can be defined as an implied threat
  1. Incapacitation: An individual lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation is defined as the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Incapacitation may result from the use of alcohol and/or drugs. Incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation may include slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, or emotional volatility.

Evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual’s:

Decision-making ability;
Awareness of consequences;
Ability to make informed judgments; or
Capacity to appreciate the nature and the quality of the act.

Evaluating incapacitation also requires an assessment of whether a Respondent should have been aware of the Complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position. 

  1. Sexual assault is actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to:
  • intentional touching of another person’s intimate parts without that person’s consent;
  • other intentional sexual contact with another person without that person’s consent;
  • coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent;
  • rape, which is penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent.
  1. Intimate Partner Violence (IPV) occurs when a current or former intimate partner uses or threatens physical or sexual violence. IPV also may take the form of a pattern of behavior that seeks to establish power and control by causing fear of physical or sexual violence. Stalking may also constitute IPV.

 

Title IX Coordinator

Oregon Coast Community College’s (OCCC) Title IX coordinator is the Dean of Students. The OCCC Title IX Coordinator ensures that OCCC faculty, staff, and students are aware of their legal rights under Title IX. The coordinator also works to ensure that OCCC complies with Title IX. The Title IX Coordinator will be informed of all complaints or reports of violations of this policy, and oversees the College’s centralized response to ensure compliance with Title IX. The Title IX Coordinator’s activities include, but are not limited to:

  • Communicating with all members of the College community regarding Title IX and providing information about how individuals may access their rights;
  • Reviewing applicable College policies to ensure institutional compliance with Title IX and

The Violence Against Women Act (“VAWA”);

  • Monitoring the College’s administration of its own applicable policies, including record keeping, timeframes, and other procedural requirements;
  • Conducting training regarding Title IX and prohibited conduct defined in this policy; and
  • Responding to any complaint or report regarding conduct that violates this policy. In this capacity, the Title IX Coordinator oversees the investigation and resolution of such alleged misconduct, directs the provision of any remedial measures, and monitors the administration of any related appeal.

The Title IX Coordinator may delegate responsibilities under this policy to designated administrators, who will be appropriately trained.

The College Title IX Coordinator’s contact information is as follows:

Cindy Carlson
Dean of Students
400 SE College Way
Newport, OR 9366
ccarlson@oregoncoastcc.org
(541) 867-8511

III. Where and How to Get Immediate Assistance Following an Incident of Gender-Based or Sexual Misconduct

For Immediate Assistance:

Any OCCC student, faculty, or staff member who has experienced sexual assault is strongly encouraged to seek immediate medical assistance by calling 911 and notifying OCCC’s Chief of Finance and Operations (COFO) or their designee at (541) 867-8516. The COFO has oversight of the College’s public safety.

In the event of a sexual assault or a sexual misconduct incident requiring medical attention, visiting a hospital emergency room will ensure treatment is provided for possible injuries, pregnancy, or sexually transmitted disease. Additionally, a Sexual Assault Nurse Examiner (SANE) can obtain forensic evidence of an assault up to five days after the incident. This can be important if legal options are pursued later. Sexual Assault Nurse Examiners (SANE) are available at Samaritan Pacific Communities Hospital (541- 265-2244) in Newport and at Samaritan North Lincoln Hospital (541-994-3661) in Lincoln City. My Sister’s Place (541-994-5959) has trained crisis counselors who can accompany a victim to the hospital 24 hours a day. Additional community resources can be found here.  You are also encouraged to report the incident to OCCC by following the reporting procedures outlined in the “Reporting” section.

The College encourages all members of our community to participate in the process of creating a safe, welcoming and respectful environment on campus. In particular, the College expects that all OCCC community members will take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention when safe to do so, enlisting the assistance of friends, contacting law enforcement, or seeking assistance from a person in authority. Community members who chose to exercise this positive moral obligation will be supported by the College and protected from retaliation.

 

For Ongoing Assistance:

The following resources are available for ongoing assistance, regardless of whether the victim chooses to make an official report or participate in an investigation or criminal process. This policy indicates the level of confidentiality offered by each of the listed on-campus resources.

OCCC resources are not confidential—As State Mandated Reporters, OCCC employees are required to notify College officials, public safety and/or law enforcement. The below resources are not confidential.

All EMERGENCIES – CALL 911

  • Dean of Students/Title IX Coordinator – 541-867-8511
  • Chief of Finance and Operations—Deputy Coordinator, Students – 541-867-8516
  • Human Resources Manager—Deputy Coordinator, Staff – 541-867-8515
  • TCB Security – 541-574-2828

Community Resources that are not confidential:

Lincoln County Sheriff……………………541-265-4277

State Police Local Dispatch…………….541-265-5353

State Police General Headquarters….800-452-7888

Newport Police………………………………541-265-4231

Lincoln City Police…………………………541-994-3636

Toledo Police………………………………..541-336-5555

Victim Assistance…………………………..541-265-3462

211Info.………… 211 or text your zip code to 898211

Community Resources that are Confidential:

My Sister’s Place Crisis Line – 541-994-9424 or 1-800-222-3884

National Domestic Violence Hotline – 1-800-799-7233

The College may take interim measures to address safety as soon as possible. For possible interim measures after reporting please see Section VI.

 

Reporting – How to report/What to do

OCCC encourages anyone (Complainant) who feels they have been subjected to gender-based or sexual misconduct, including any form of it described in Section 1, or discrimination based on gender, actual or perceived sexual orientation, gender identity or expression to seek the support they need and so that the College can respond appropriately.

Different people at the College have different reporting responsibilities and different roles concerning the maintenance of confidentiality, depending upon their roles.  Most employees of the College, however, are considered “responsible employees” and are required by law to report all details of an incident, including the identities of the Complainant and Respondent to the Title IX Coordinator.

Confidential Reporting

Off campus counselors, advocates, and health care providers will generally maintain confidentiality and not share information with the College unless the Complainant requests the disclosure and signs a consent or waiver form.

Following is contact information for off-campus resources:

All EMERGENCIES – CALL 911

 

Community Resources that are not confidential:

Lincoln County Sheriff……………………541-265-4277

State Police Local Dispatch…………….541-265-5353

State Police General Headquarters….800-452-7888

Newport Police………………………………541-265-4231

Lincoln City Police…………………………541-994-3636

Toledo Police………………………………..541-336-5555

Victim Assistance…………………………..541-265-3462

211Info.………… 211 or text your zip code to 898211

 

Community Resources that are Confidential:

My Sister’s Place Crisis Line – 541-994-9424 or 1-800-222-3884

National Domestic Violence Hotline – 1-800-799-7233

Limitations and Exceptions to Confidentiality:

Individuals who speak to a counselor or advocate (on or off campus) must understand that, if they want to maintain confidentiality, the College will be unable to conduct an investigation or pursue disciplinary action against the alleged perpetrator.

 

Reporting an Incident to OCCC

Complainants are encouraged to make formal reports of incidents. When formally reported, Complainants have the right and can expect to have incidents of sexual misconduct taken seriously by the College. The incidents will be investigated and properly resolved through administrative procedures. OCCC will seek to maintain privacy at all times during the process consistent with our responsibility to ensure both individual and community safety, as well as our commitment to providing an environment free from discrimination. This means that only people who need to know will be told and information will be shared only as necessary with investigators, witnesses, interpreters/translators, Complainants, and Respondents.

Reports of incidents of gender-based or sexual misconduct, including any form of it described in Section 2, or discrimination may be made to any of the following College officials, who are designated and trained as Title IX “Deputies” and are charged with ensuring that any misconduct is eliminated, its recurrence is prevented, and addressing the effects. These individuals will also provide information regarding grievance procedures, interim measures during any investigation or policy process, and ongoing emotional support:

 

Deputies (Title)

Name

Contact Info

 

Chief of Finance and Operations—Title IX Deputy, Students

 

 

Robin Gintner

 

541-867-8516

 

robin.gintner@oregoncoastcc.org

 

 

Human Resources Manager—Title IX Deputy, Staff

 

Joy Gutknecht

541-867-8515

 

joy.gutknecht@oregoncoastcc.org

 

 

 

Title IX Affiliated Staff

Name

Contact Info

 

Title IX Coordinator/Dean of Students

 

Cindy Carlson

 

541-867-8511

 

ccarlson@oregoncoastcc.org

 

Other “Responsible Employees”

For the purposes of this policy, and to most effectively respond to sexual misconduct that may impact the College community, all employees of the College that are not identified in the Confidential Reporting section of this policy are considered “responsible employees” and are required by law to report all details of an incident, including identities of the Complainant and Respondent, to the Title IX Coordinator or designated deputies. In consideration of Office of Civil Rights (OCR) guidance, “responsible employees” includes any employee who has the authority to take action to redress the harassment, who has the duty to report sexual harassment to appropriate school officials, or an individual whom a student could reasonably believe has this authority or responsibility.

When an individual tells a “responsible employee” about an incident of sexual misconduct, the College is officially “on notice” and the incident must be reported to the Title IX Coordinator or a designated Title IX Deputy (above). The employee must report all relevant details about the alleged sexual misconduct shared by the Complainant and/or assure that the Complainant files a formal report with the College.

Before any information is revealed to a “responsible employee,” the employee should ensure that the Complainant understands the employee’s reporting obligations.  If the Complainant wants to tell the “responsible employee” what happened, but also maintain confidentiality, understand that the Title IX Coordinator will consider the request, but cannot guarantee that the College will be able to honor it.

Responsible employees will not pressure a Complainant to either request confidentiality or make a full report, but rather will honor and support the individual’s wishes to the full extent possible.

 

Other Reporting Issues

College Reporting and Timely Warning Obligations

OCCC is required by the Higher Education Opportunity Act and Clery Act to annually publish statistical information related to reported incidents of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. The information shared includes the date, location of incident, and Clery crime category. All personally identifiable information is kept confidential. The Chief of Finance and Operations or their designee is responsible for collecting the data from a variety of College sources and publishing the report.

The OCCC Annual Campus Security Report can be found at: http://www.oregoncoastcc.org/facilities-and-safety/

The College is also obligated by federal directive to issue immediate “timely warnings” for incidents reported that are considered, in the judgment of the OCCC Department of Public

Safety, to pose a substantial threat to the college community. The College will make every effort to ensure that victims’ names and other identifying information are not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

 

OCCC Public Safety

Title

Contact Info

 

Chris Rogers

Facilities and Safety Manager

 

541-867-8549

chris.rogers@oregoncoastcc.org

 

TCB Security

 

 

541-574-2828

 

Anonymous Reporting

The College will accept and investigate, to the extent possible, anonymous reports of sexual misconduct. Reporting parties must understand that 1) anonymous reports may trigger a formal Title IX investigation and 2) anonymous reports often limit the College’s ability to conduct an investigation or pursue disciplinary action.

Public Awareness Events and Disclosure

Public awareness events such as “Take Back the Night,” the Clothesline Project, and other forums in which individuals disclose incidents of sexual violence are not considered notice to the College of sexual violence for the purposes of triggering a Title IX investigation.

Such events may inform the need for campus-wide prevention and education efforts, however, and efforts will be made to provide information about Title IX rights at such events.

Protection Against Retaliation

This policy and Title IX prohibit retaliation against a Complainant or witnesses for filing or participating in the investigation of a sexual misconduct complaint. Retaliation is any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment against individuals for exercising their rights (or supporting others for exercising their rights) under this policy. OCCC will investigate any reports of retaliation and take appropriate disciplinary action.

Interim Measures, Accommodations, and Sanctions

Where appropriate, OCCC will implement interim measures on its own initiative or in response to a request from a Complainant (the alleged victim of sexual misconduct) or Respondent (the alleged perpetrator of sexual misconduct).

Interim measures for students may include, but are not limited to:

  • Advocacy to access community resources for ongoing assistance to include, but not limited to: individualized safety plan, counseling, case management/advocacy, support group/s, legal advocacy, emergency shelter/housing, etc.;
  • No-contact directives;
  • Rescheduling of exams and assignments;
  • Providing alternative course completion options;
  • Changing class schedules, including the ability to transfer course sections or withdraw from a course without penalty;
  • Changing work schedules, job assignments, or job locations for college employment;
  • Providing an escort to ensure safe movement between classes and activities;
  • Providing academic support services, such as tutoring;
  • Limiting or barring an individual’s or organization’s access to certain OCCC-owned facilities or activities;
  • Interim suspension of the Respondent;
  • Student-requested leaves of absence.

Interim measures for faculty and staff may include, but are not limited to: 

  • Assistance in setting up an initial appointment for counseling;
  • Changing work schedules, job assignments, or job locations;
  • Limiting or barring an individual’s or organization’s access to certain OCCC-owned facilities or activities;
  • Providing an escort to ensure safe movement on campus;
  • Administrative leave;
  • OCCC-imposed leave or physical separation from individuals or locations.
  • Referral to My Sister’s Place.

The provision of appropriate interim measures will depend upon the particular facts of the situation. Factors that will be considered include the Complainant’s expressed need, the age of the parties involved, the severity or pervasiveness of the allegations, any continuing effects on the Complainant, whether the Complainant and the alleged perpetrator share a classes or other educational program, extracurricular activities, transportation, or work location, as well as whether protective orders or similar judicial measures have been taken to protect the Complainant. Interim measures will not place a disproportionate burden on the Complainant, nor create a presumption that the Respondent has violated College policy.

 

Investigation Procedures

OCCC’s Title IX Coordinator or deputies will ensure that a complaint of gender-based or sexual misconduct is promptly investigated as follows:

Student complaints

Complaints that allege misconduct by another student or external party (someone other than a student or OCCC employee) will be investigated.

Staff complaints

If the accused is an employee or staff member, the complaint will be investigated by a designee assigned by the Title IX Coordinator or deputy, a Title IX trained faculty representative, or a Human Resource representative. (This is not an exhaustive listing.)

Timing of Investigations

OCCC will seek to complete the investigation within sixty (60) College business days after receipt of the complaint or report. There may be circumstances that warrant an extension of the sixty (60) day deadline. The timeframe may be extended depending upon the complexity of the circumstances of each case. The Complainant and the Respondent will be notified in writing of the reason for extension and the projected completion date. OCCC will notify a Complainant of the right to file a criminal complaint with law enforcement. OCCC will cooperate with an ongoing investigation of the complaint by outside law enforcement. This may require that OCCC temporarily delay its investigation while law enforcement gathers evidence. However, OCCC will not wait for the conclusion of a criminal proceeding to initiate its own investigation. In the event OCCC’s investigation is delayed, steps will be taken to provide the Complainant with appropriate interim measures. The parties will also be updated on the status of the investigation and advised when it is resumed. OCCC will promptly resume its investigation once notified that law enforcement has completed gathering evidence in the investigation.

Preservation of Evidence

OCCC’s Department of Public Safety or their designee should be notified as soon as possible of any incident of sexual misconduct. The Department of Public Safety or their designee will offer guidance to assist in evidence preservation and will also notify the proper law enforcement agency to respond. The Department of Public Safety or their designee will also consult and coordinate as needed with law enforcement agencies or forensic experts on the interpretation of any forensic evidence included in the investigation.

Information Sharing

OCCC is in the process of creating MOUs addressing protocols for information sharing with surrounding county and city police agencies.

Investigation Result and Sanctions

The investigator will conduct an adequate, reliable, and impartial investigation into the allegations and will provide an opportunity for both the Complainant and Respondent to present witnesses and other evidence. After reviewing all evidence and supporting documentation, the investigator will prepare a written report of the investigation findings and recommendations to the Title IX Coordinator (discussed in more detail below) to review and determine whether or what sanction or disciplinary action (if any) should be taken. The Title IX Coordinator will review the investigator’s report and findings and work with the appropriate OCCC Officials to determine the appropriate remedy (if any), including sanctions or disciplinary actions. Once a determination has been made on the appropriate remedy (if any), the Title IX Coordinator will issue a written notice of the outcome to the Complainant and Respondent. All findings in the proceedings will be by a preponderance of the evidence, which means that the Title IX Coordinator will determine whether the sum of all the evidence shows that it is more likely than not that the Respondent violated College policy. This standard will be used in any Title IX fact-finding and related proceedings, including any hearings. The College will also maintain a written record of disciplinary and other action taken by the College, if any, in response to the findings; response and action taken by administrators, including interim and permanent action to address the allegations and findings; and all other written action taken to prevent recurrence of any sexual misconduct incident.

Investigation & Confidentiality

In the event that a Complainant’s request for confidentiality limits OCCC’s ability to investigate, OCCC will take reasonable steps to limit the effects of the alleged acts and prevent their recurrence. Reasonable steps may include increased monitoring, supervision, or security at locations or activities where the misconduct occurred; providing training and education materials for students and employees; revising and publicizing the school’s policies on sexual misconduct; and conducting climate surveys regarding sexual misconduct.

 

Employee and Student Sanctions

Possible sanctions for employees (list is not exhaustive):

  • Verbal warning
  • Last chance agreement
  • Written warning
  • Dismissal
  • Suspension without pay
  • Disciplinary probation
  • Training
  • Transfer
  • Demotion

 

Possible sanctions for students (list is not exhaustive):

  • Verbal Warning
  • Disciplinary Probation
  • Limitation of privileges (i.e., restrictions of campus access, courses, etc.)
  • Reassignment of classes
  • Restitution
  • Community Service
  • Disciplinary Suspension
  • Trespass
  • Expulsion
  • Other sanctions deemed appropriate

 

Procedures for Employees and Student

  1. Procedures for Employees

Sexual Misconduct complaints against OCCC employees will be handled in accordance with the procedures outlined in the College’s Nondiscrimination and Non-harassment Policy and the process outlined above. These processes should be read to be consistent with one another and in the event of a direct conflict between the two, the Gender Based and Sexual Misconduct policy shall govern. The process for resolving gender-based or sexual misconduct complaints may include some or all of the following actions: informal inquiry and discussion, disciplinary action, or other appropriate action.

The College will not compel a Complainant to engage in mediation, to directly confront the Respondent. Mediation, even if voluntary, may not be used in cases involving sexual misconduct.

A Complainant or Respondent may appeal the decision on the basis of an alleged failure to follow this Policy. A Complainant or Respondent may also submit an appeal disputing the severity of the sanction issued. A Complainant or Respondent may do so by submitting a written appeal to the College President or designee within 14 calendar days after the notice of outcome described in Section VI (6) above is delivered to the address on record for the Complainant. The College President or designee shall render a decision on the appeal within 14 calendar days of its submission. Certain employees (classified staff, management and confidential employees, and faculty) who are subject to discipline may have other processes available pursuant to handbook, statute, or collective bargaining agreement that are not covered by this Policy. For further information on these processes, see the following:

 

Grievances for Classified Staff: Document

Grievances for Management and Confidential Employees: Document

Grievance for Faculty: Document

A Complainant’s prior sexual history is not relevant and will not be considered in a grievance process. Where there is a current or ongoing relationship between the Complainant and the Respondent and the Respondent alleges consent, the prior sexual history between the parties may be relevant to assess the manner and nature of communications between the parties. As noted in other sections of this policy, however, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Any prior sexual history of the Complainant with other individuals is typically not permitted.

 

  1. Procedures for OCCC Students

Gender-based or sexual misconduct complaints against OCCC students will be handled in accordance with the OCCC Policy on Student Conduct and the process outlined in this policy:

 

Conduct Procedures for Students:  Document (see page 32).

These processes should be read to be consistent with one another and in the event of a direct conflict between the two, Gender-Based Sexual Misconduct Policy shall govern. The process for resolving gender-based or sexual misconduct complaints may include some or all of the following actions: informal inquiry and discussion, disciplinary action, or other appropriate action

The College will not compel a Complainant to engage in mediation, to directly confront the Respondent. Mediation, even if voluntary, may not be used in cases involving sexual misconduct. A Complainant’s prior sexual history is not relevant and will not be considered in a conduct process. Where there is a current or ongoing relationship between the Complainant and the Respondent and the Respondent alleges consent, the prior sexual history between the parties may be relevant to assess the manner and nature of communications between the parties. As noted in other sections of this policy, however, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Any prior sexual history of the Complainant with other individuals is typically not permitted.

A Complainant or Respondent may appeal the decision on the basis of an alleged failure to follow this Policy. A Complainant or Respondent may also submit an appeal disputing the severity of the sanction issued. A Complainant or Respondent may do so by submitting a written appeal to the College President or designee within 14 calendar days after the notice of outcome described in Section VI (6) above is delivered to the address on record for the Complainant. The College President or designee shall render a decision on the appeal within 14 calendar days of its submission.

  1. Advisors

In an investigation, appeal, Grievance (employees), or Conduct Process (students), the Complainant and Respondent may choose to be assisted by an advisor. The advisor may accompany the individual to any College investigative, administrative, or adjudicative meeting, including any disciplinary inquiry. The advisor may not speak during the meeting or hearing, address the official(s) conducting the inquiry, or question witnesses. A Complainant and Respondent may also choose to be assisted by an advocate/emotional support person of their choice. To serve as a support person, the individual will be required to meet with the official(s) conducting the inquiry or the Title IX Coordinator in advance of any participation in the proceedings. The Survivor Advocate may serve as a support person for a Complainant. The advocate/support person cannot be a witness in the proceedings. The advocate/support person is a silent and non-participating presence who is there solely to observe and provide moral support during the meeting itself. This person is not to address the official(s) conducting the inquiry except to ask for a short recess if one of the parties requires some time to compose themselves or collect their thoughts. The official(s) conducting the inquiry has the right at all times to determine what constitutes appropriate behavior on the part of a support person and whether the person may remain at the proceedings. While the support person may be present to hear testimony, no written materials are to be shared with support people.

Absent extenuating circumstances, witnesses and others involved in an investigation, inquiry, or hearing are not entitled to have a support person present. A Complainant or Respondent may choose to seek the advice and assistance of an attorney at their own expense. The College will not recognize or enforce agreements between the parties outside of OCCC disciplinary procedures.

 

VIII. Prevention and Education

The College is committed to a comprehensive educational and training program to promote awareness of and prevent sex discrimination, including sexual misconduct.

  1. Mandatory initial and refresher Sexual Harassment Prevention Training (SHPT) for College employees will be scheduled by the Office of the Dean of Students. New employees should complete this training within their first six months of employment with refreshers every two years.
  1. SHPT includes information on Title IX obligations and the nature and consequences of sexual harassment, including sexual misconduct, and discusses reporting options, resources, and procedures for handling complaints.
  1. Supervisors are responsible for ensuring that their employees complete the mandatory SHPT initial and refresher trainings.
  1. The Offices of Student Services and Instruction, Human Resources, and other campus offices promote awareness of and provide additional communication about and training in the prevention of sex discrimination, including sexual misconduct.
  1. Workshops are offered to College employees and students, both online and in person, to provide sexual harassment prevention education every two years.
  1. College employees who are new or are within 90 days of the two-year anniversary of completion of last completed training will receive an email informing them of their requirement with training requirements.
  1. Staff and Faculty Training

From the Office of Civil Rights in the US Department of Education’s April 29, 2014 bulletin, Questions and Answers on Title IX and Sexual Violence, “a school should ensure that staff are capable of providing culturally competent counseling to all Complainants. Thus, a school should ensure that its counselors and other staff who are responsible for receiving and responding to complaints of sexual violence, including investigators and College officials involved in reviewing or processing a complaint under this Policy, receive appropriate training about working with LGBT and gender- nonconforming students and same-sex sexual violence.”

  • In-person Training: Additionally there will be trainings scheduled by the Title IX Coordinator/Title IX Training Coordinator.
  • Web-based Training: Staff and faculty will be required to go through a web-based training tool that informs them of their responsibilities around Title IX and OCCC Policies regarding sexual misconduct.
  • Venues and Topics for Training

Venues:

  • In-service
  • New Faculty Orientation
  • New Student Orientation

Topics:

  • Students: Know Your IX
  • Staff and Faculty: Know Your IX
  • Staff and Faculty: Where OCCC Stands Now with Title IX
  • Staff and Faculty: SA Prevention 101
  • Staff and Faculty: SA Victim Advocacy 101
  1. Applicable OCCC Policies

http://www.oregoncoastcc.org/820-student-rights-responsibilities-and-conduct/

http://oregoncoastcc.org/harassment

http://oregoncoastcc.org/equal-opportunity