Sexual Offense Policies and Procedures

Accused is defined as a person accused of a violation who has not yet entered Monroe College’s judicial process.

Affirmative Consent is defined as a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether or not the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may initially be given, but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When consent is withdrawn or can no longer be given, sexual activity must stop.

Bystander is defined as a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of Monroe College.

Bystander Intervention is defined as a safe and positive option that may be carried out by a person or persons to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.

Confidentiality is defined as information that shared by an individual with designated campus or community professionals, which cannot be revealed to any other entity without the express permission of the individual, unless required by law. These campus and community professionals include licensed mental health counselors, medical providers, and pastoral counselors. Students in need of confidential assistance may contact the Director of Health and Wellness Services and/or the Counseling Services Office. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to oneself or others, or if a report involves suspected abuse of a minor under the age of eighteen (18). Confidential entities, like many other professions including employees in higher education, are required by state law to notify Child Protective Services or local law enforcement in cases of suspected child abuse.

Please note: All Monroe College employees who are listed above are not confidential resources, because they are mandated to report any incidents of sexual assault or other crimes. However, all Monroe College employees will maintain good faith in protecting your privacy as best they can. If you do speak with a non-confidential resource, information will be passed on to the Title IX coordinator for an investigation and/or resolution.

Dating Violence is defined as 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. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of “domestic violence”.

Domestic Violence is defined as a felony or misdemeanor crime of violence committed by

• a current or former spouse or intimate partner of the victim;
• a person with whom the victim shares a child in common;
• a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
• a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
• any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Hate Crime is defined as a crime reported to local police agencies or to the Department of Public Safety that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

Privacy is defined as the information relating to a report of misconduct that will only be shared with a limited number of trained college professionals who “need to know” in order to provide support for the individual and to ensure safety for individuals and the community, as well as review, investigate, and resolve the report. The professionals with knowledge of the situation will be limited as much as possible to preserve privacy and ensure safety of the reporter.

Reporting Individual is defined as a victim, survivor, complainant, claimant, or witness with victim status. A bystander, or a third party reporter, is not considered a reporting individual.

Sexual Assault is defined as any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes, but is not limited to, the offenses defined below.

Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.

Sexual Harassment is defined as unwelcome, sexual, or gender-based verbal, written, or physical conduct that is sufficiently severe, persistent, or pervasive; that has the effect of unreasonably interfering with, denying, or limiting employment opportunities or the ability to participate in or benefit from the college’s educational, social, and/or residential program; and that is based on real or reasonably perceived power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

Stalking is defined as engaging in 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.

Confidentiality
Confidentiality can be provided when speaking with an individual who cannot share information to any other entity without the permission of the individual, unless required by law. Confidential on-campus resources are offered through the Counseling Center. Please see the full list of resources in Monroe College Resources and Services.

Privacy 
Monroe College Campus staff and faculty who cannot guarantee confidentiality will protect your privacy to the best of their ability. The information reported to a non-confidential resource will be relayed as necessary to the Title IX Coordinator for further investigation and/or to determine a solution. 

Mandated Reporting
Monroe College staff and faculty who are non-confidential resources are mandated reporters for all of the information they collect about a reported incident. The mandated reporters will share information with the Title IX Coordinator. Reporting to a mandated reporter constitutes as an official report to Monroe College. 

Monroe College does not discriminate and prohibits illegal discrimination, inclusive of harassment, against any individual on the basis of their race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, criminal conviction, or any other protected characteristic under federal or state law, in any of its employment practices or educational programs or activates. 

The health and safety of every student at Monroe College is of utmost importance. Monroe College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Monroe College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to College officials or law enforcement will not be subject to Monroe College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

All students have the right to:

• Make a report to local law enforcement and/or state police; 
• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously; 
• Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution; 
• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard; 
• Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available; 
• Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations; 
• Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident; 
• Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the institution; 
• Access to at least one level of appeal of a determination; 
• Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, including during all meetings and hearings related to such process; and
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, judicial, or conduct process of the institution.