Page 93 - Southwestern Community College Handbook 2019-2020

REGULATIONS
Also, pursuant to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973 and other applicable federal and state laws and regula- tions, the College prohibits discrimination in its services, employment and programs based on race, religion, ethnicity, national origin, gender, gender identity, sex, age, disability, genetic information and veteran status.
I. DEFINITIONS
The following definitions shall apply to these Procedures and shall be collectively referred to herein as “discrimination, harassment and sexual-based violence”.
A. Confidential Employee – is not a Responsible Employee and is not required to report
incidents of sexual misconduct to the College’s Title IX Coordinator if confidentiality is requested by the student. Campus counselors are considered Confidential Employees. If a student is unsure of someone’s duties and ability to maintain one’s privacy, the student should ask the person before he/she speaks to him/her.
B. Consent – explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity or lack of active resistance does not imply consent.
In addition, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent has not been obtained in situations where the individual: i) is forced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; ii) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); or iii) has a mental or physical disability which inhibits his/her ability to give consent to sexual activity.
C. Dating Violence – crimes of violence against a person with whom the person has or had a social relationship or a romantic or intimate relationship.
D. Discrimination – any act or failure to act that unreasonably and unfavorably differentiates treatment of others based solely on their race, religion, ethnicity, national origin, gender, sex, age, disability, genetic information and veteran status. Discrimination may be intentional or unintentional.
E. Domestic Violence – crimes of violence against a current or former spouse or intimate partner, a person with whom the individual shares a child in common, a person with whom the individual cohabitates or has cohabitated as a spouse, a person similarly situated to the individual as a spouse, a person who is related to the individual as a parent, child or person who is related to the student as a grandparent or grandchild.
F. Gender Identity Harassment – behavior that targets someone for offensive, hostile, degrading or insulting treatment because of their gender. The following are examples of conduct that may constitute gender harassment:
• Using derogatory, gender-based terms;
• Making derogatory jokes about gender-specific traits or based on negative
gender stereotypes;
• Suggesting that students of one gender should not engage in certain activities
because of their gender;
• Impeding the educational progress of a person of one gender wither explicitly
or implicitly, such as by questioning an individual’s ability because of his/her gender or suggesting that it is abnormal for a person of that gender to hold a particular interest;
• Limiting or denying an individual of one gender access to educational opportunities;
• Using sexist humor as a classroom teaching technique;
• Using personal or College electronic communications to convey inappropriate
gender-based remarks, pictures, or images; or
• Using verbal, graphic, or physical conduct which threatens, ridicules, or
demeans an individual because of gender.
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