Sexual Misconduct / Title IX - Definitions

What is Sexual Harassment

Sexual Harassment is unwelcomed, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone the ability to participate in or benefit from PPCC’s educational program and/or activities, or work activities, and the unwelcomed behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

Three Types of Sexual Harassment:

Quid Pro Quo sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, and submission to or rejection of such conduct results in adverse educational or employment action; or affects the terms or conditions of education or employment, or activities with the college.

Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on all of the circumstances.

Retaliatory Harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination or sexual misconduct.

These Circumstances Could Include, but are not Limited to:

• the frequency of the conduct
• the nature and severity of the conduct
• whether the conduct was physically threatening
• whether the conduct was humiliating
• the effect of the conduct on the alleged victim’s mental or emotional state
• whether the conduct was directed at more than one person
• whether the conduct arose in the context of other discriminatory conduct
• whether the conduct unreasonably interfered with the alleged victim’s educational or work performance
• whether a statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness
• whether the speech or conduct deserves the protections of the 1^st Amendment

Examples on the Three Types of Sexual Harassment:

Quid Pro Quo

• To punish a refusal to comply with a sexual based request.
• To condition a benefit on submitting to sexual advances.

Hostile Environment

• Obscene pictures, text messages, emails.
• Unwanted/unwelcome touching.
• Gender-based bullying which is defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (excluding speech or conduct otherwise protected by the 1st Amendment).
• Gender expression/stereotyping which is defined as simplistic generalizations about gender attributes, differences, and roles of individuals and/or groups. Stereotypes rarely communicate accurate information about others. When people automatically apply gender assumptions to others regardless of evidence to the contrary, they are perpetuating gender stereotyping.

Retaliatory Harassment

• An employee is demoted or terminated for participating in a complaint of sexual harassment as a witness.
• A student receives a failing grade for participating in a sexual harassment complaint as a witness.

Sexual Contact

Sexual Contact is consensual contact which can occur when dating, for example. This is mutually agreed upon by both parties who are consenting adults. When it crosses the line and becomes a problem is when the sexual contact is non-consensual. Sexual contact defined is any deliberate sexual touching, however slight, of a person’s body (including but not limited to mouth, genitalia, groin, breasts, buttocks, or clothing covering those areas), or causing a person to touch his or her own sexual or intimate parts, may be considered sexual contact.

Non-consensual Sexual Contact (or attempts to commit same)

Non-consensual sexual contact is:

• any intentional sexual touching,
• however slight,
• with any object,
• by any individual upon any individual,
• that is without consent and/or by force.

Non-consensual Sexual Intercourse (or attempts to commit same)

Non-consensual sexual intercourse is:

• any sexual penetration
• however slight,
• with any object,
• by any individual upon any individual,
• that is without consent and/or by force.

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. Further, 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.

Force

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces consent.

Coercion

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Sexual Activity

Sexual activity with someone whom one should know to be—or based on the circumstances should reasonably have known to be—mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this procedure.

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 of 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. 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.

Sexual Exploitation

Sexual Exploitation occurs when anyone takes non-consensual or abusive sexual advantage of another for his/her 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 policy;
• Prostituting another person;
• 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 a sexually transmitted infection (STI) or human immunodeficiency virus (HIV) to another person;
• 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;
• Viewing or possessing child or adult pornography at work or on college owned property.

Discrimination and Harassment includes:

Discrimination is any distinction, preference, advantage for or detriment to an individual compared to others that is:

• based upon an individual’s actual or perceived civil rights classification(s);
• severe, persistent or pervasive; and
• that unreasonably interferes with or limits:
  • Employee’s employment conditions or deprives the individual of employment access or benefits.
  • Student’s ability to participate in, access, or benefit from the College’s educational program or activities.
  • Authorized volunteers’ ability to participate in the volunteer activity.
  • Guests and visitors’ ability to participate in, access, or benefit from the College’s programs.

Discriminatory Harassment is:

• detrimental action based on an individual’s actual or perceived civil rights classification(s), which is:
• severe, persistent or pervasive; and
• that unreasonably interferes with or limits:
  • Employee’s employment conditions or deprives the individual of employment access or benefits.
  • Student’s ability to participate in, access, or benefit from the College’s educational program or activities.
  • Authorized volunteers’ ability to participate in the volunteer activity.
  • Guests and visitors’ ability to participate in, access, or benefit from the College’s programs.

Retaliatory Harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination and/or harassment based on civil rights laws.

• It is a violation of this procedure to engage in retaliatory acts against any person who reports an incident of discrimination and/or harassment, or any person who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of discrimination and/or harassment. Such act will be subject to discipline, up to and including expulsion for students, termination for CCCS employees, and dismissal for authorized volunteers, guests or visitors.

Other Civil Offenses

Other Civil Rights Offenses, when the act is based upon the status of a civil rights protected class, include, but are not limited to, the following:

• Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class.
• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a civil rights protected class.
• Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the System or College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity on the basis of actual or perceived membership in a protected class; hazing is also illegal under Colorado law and prohibited by this procedure.
• Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally on the basis of actual or perceived membership in a protected class.
• Violence between those in an intimate relationship, which includes romantic relationships, dating, domestic and or relationship violence.
• Stalking, defined as a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear.
• Any other System or College rule, when a violation is motivated by the actual or perceived victim’s protected class.