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Sexual Misconduct
Sexual misconduct, including sexual assault and sexual abuse, by any member of the college community will not be tolerated. The College will respond in a firm and judicious manner to all reports of alleged incidents of sexual misconduct.
Definitions: Sexual assault is defined as sexual penetration by use of force or threat of force, or by taking advantage of a victim's helplessness. Sexual abuse is defined as an act of a sexual nature not covered under sexual assault and which includes but may not be limited to fondling and touching of sexual body parts without consent.
Reporting: Alleged victims of sexual misconduct or persons with knowledge of such incidents should file a report immediately with the Security Office at Pueblo Community College (San Juan Building, Room 123, 549-3144) and/or their local law enforcement agency. All reports will be thoroughly investigated and referred to the Vice President of Student Services who will conduct a separate investigation.
If an investigation results in the filing of charges, the case will progress according to the Student Code of Conduct. Disciplinary proceedings will be instituted against a student charged with sexual misconduct independent of any external criminal investigation and/or proceedings off campus. If the charges of sexual misconduct are found to have merit, sanctions such as, but not limited to, disciplinary probation, suspension or expulsion may be imposed. Alcohol and other intoxicants will not be used as a defense for sexual misconduct. Federal law requires that all incidents of sexual assault are to be included in the College's annual crime statistics report available to the public.
Evidence:
Every effort should be made by the alleged victim and others to preserve any and all evidence obtained as a result of the incident and present such evidence to the appropriate law enforcement officials for possible use later either in criminal action or College disciplinary action.
Rights of the alleged victim and alleged perpetrator: Confidentiality of both the alleged victim and alleged perpetrator will be maintained throughout the investigation and hearing. The case will be handled as any other student discipline case. However, the following stipulations will also apply:
Both parties will have the same opportunity to have others present, and will be informed of the outcome of any disciplinary proceedings.
The alleged victim will be informed of his/her option to notify law enforcement, be notified of counseling services, and be notified of options for changing academic and living situations
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