Title IX Policy on Non-Discrimination
Martin Community College (MCC) is committed to providing a learning and working environment that promotes personal integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex, which includes all forms of sexual misconduct. Sex discrimination violates an individual’s fundamental rights and personal dignity. MCC considers sex discrimination in all its forms to be a serious offense. This policy refers to all forms of sex discrimination, including but not limited to: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. To ensure compliance with Title IX and other federal and state civil rights laws, the College has developed policies and procedures that prohibit sex discrimination in all of its forms.
Title IX Statement on Non-Discrimination
MCC does not discriminate basis of race, color, religion, national origin, sex (including pregnancy, gender identity, and sexual orientation), genetic information, age, personal disability, political belief or affiliation, or any other status projected by federal, state, or local law in its programs and activities. This policy extends to employment with and admission to the College. The following people are designated to handle inquiries regarding the non-discrimination policies for the Martin and Bertie campuses:
Dr. Brian Busch, Executive Vice President, Title IX Coordinator
- Office Location: Building 1, Room 34
- 1161 Kehukee Park Road
- Williamston, NC 27892
- Phone: 252-789-0244
- E-mail: firstname.lastname@example.org
Deryl Fulmer, Dean of Academic Affairs, Deputy Title IX Coordinator
- Office Location: Building 2, Room 35
- 1161 Kehukee Park Road
- Williamston, NC 27892
- Phone: 252-789-0247
- E-mail: email@example.com
Amanda Wells, Human Resources Director, Deputy Title IX Coordinator
- Office Location: Building 1, Room 6
- 1161 Kehukee Park Road
- Williamston, NC 27892
- Phone: 252-789-0224
- E-mail: firstname.lastname@example.org
Guidance on Reporting
MCC encourages those who have experienced any form of sex discrimination to report the incident promptly, to seek all available assistance, and to pursue College conduct charges and criminal prosecution of the offender. The College takes complaints very seriously and will work with victims to ensure their safety and to remedy the situation.
Whom to File a Report or Make a Complaint to
MCC encourages those who have experienced sex discrimination to report these offenses to either the Title IX Coordinator or the Campus Security Officer; those who want to make a complaint have the right, however, not to provide a statement to Campus Security.
- Persons who wish to report any form of sex discrimination may contact the Title IX Coordinator. The Coordinator can assist with all aspects of the reporting procedure and will conduct an investigation into a complaint. Employees of the College can also make an initial report to their immediate supervisor who must report it to the Human Resources Director.
- Employees who believe they have either witnessed or been subjected to unlawful sex discrimination may also notify one of the following: Dean of Administrative Services; Dean of Academic Affairs, Human Resources Director, the Executive Vice President, Student Services; Counselor; Dean of Continuing Education; or, Assistant to the President. Employees may report to any one of these individuals. If for any reason the employee is unable or unwilling to report the matter to any one of the individuals listed above, he/she may report the matter to the College President.
Guidance on Taking Immediate Action
- Get to a safe location. Tell a trusted person about the assault. You should contact the Title IX Coordinator and/or the Campus Security Officer, who can provide immediate referral information, access to counseling, and/or investigation assistance.
- All victims are encouraged to seek medical attention immediately. At the hospital victims will be medically examined for internal and external injuries; STD treatment and the option of an SBI Evidence Collection Kit (Anonymous Kit) is available. Martin General Hospital Emergency Department is the only medical facility in Martin County that can perform an SBI Evidence Collection Kit. If a victim decides not to go to the hospital, please encourage follow up with primary physician for a medical exam for internal and external injuries and STD treatment.
- In the event that a sexual assault or sexual violence occurred, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preserving evidence will be helpful if you decide to report to Law Enforcement. Victims should attempt not to bathe, urinate, douche, brush teeth, change clothes or drink liquids. These actions may decrease the ability to find evidence. However, the decision to involve law enforcement does not have to be made at this time. Evidence can still be collected without Law Enforcement’s involvement through an Anonymous Kit at Martin General Hospital.
- Martin General Hospital will contact REAL Crisis Center when a sexual assault victim reports to the emergency department. The REAL Crisis Center advocate will support and assist at the hospital. (People under the age of eighteen should be aware that, as a minor, their parent(s) may have the right to obtain information from their medical records.) Martin General Hospital is not required to notify Law Enforcement. Victims have the choice to involve law enforcement or utilize the Anonymous Kit.
- If a sexual assault victim reports to Law Enforcement within three (3) days and receives medical treatment, and/or an Anonymous Kit is collected, NC Rape Victim Fund will pay the hospital up to a $1,000 for kit. If the victim is later billed, REAL Crisis’s advocate will assist with Victim’s Compensation form. REAL Crisis Center offers support groups for victims of sexual assault, Rape Aggressive Defense Course (R.A.D), assistance with Address Confidentiality Program (ACP), and Victim’s Compensation.
Sexual Assault Victim Resources
- REAL Crisis Center
- NC State Automated Victim Assistance and Notification (SAVAN)
- NC Office of Victim Services
- Sex Offender's Registry
- National Human Trafficking Resource Center (Polaris Project)
- Rape, Abuse & Incest National Network (RAINN)
All incidents of sex discrimination, including sexual misconduct or retaliation, should be reported. The Title IX Coordinator will provide for the adequate, reliable, and impartial investigation of all complaints.
The College has developed both an informal and formal complaint and resolution procedure to respond to sex discrimination. The use of the informal complaint and resolution procedure is optional. In instances where parties involved do not wish to engage in the informal procedure, where informal resolution is not appropriate, or in situations where attempts at the informal procedure are unsuccessful, the formal procedure may be followed.
Informal procedures are never applied in cases involving violence or non-consensual sexual intercourse.
- Some complaints of sex discrimination can be resolved through informal mediation between the parties.
- Once a report of sex discrimination has been made, informal resolution procedures will be pursued in as prompt a manner as possible to determine if there has been a violation of this policy.
- Informal resolution procedures are optional and may be used when the College determines that it is appropriate.
- Where an act in violation of this policy has occurred, an investigation into the report shall be conducted by the Title IX Coordinator within forty-five to sixty (45 – 60) calendar days unless circumstances require a longer time period (to be determined by the Title IX Coordinator). For reports involving allegations against College employees, the Title IX Coordinator and Human Resources Director shall jointly conduct an investigation.
- Once the informal resolution procedure is complete, written notification to all parties shall be given by the Title IX Coordinator within twenty-one (21) days of the determinations of findings.
- The College shall take reasonable steps to prevent the recurrence of sex discrimination in any form. If such reoccurrence takes place, those responsible for such behavior may be subject to actions under the MCC Student Code of Conduct (can be found online in the College Catalog) if they are a student, or they may be subject to actions under the Institutional Policies and Procedures Manual if they are an employee or third party.
- The College will take all necessary steps to protect or remedy the discriminatory effects on the victim(s) and others. These protections or remedies may include separating the parties, placing limitations on contact between the parties, suspension, or making alternative workplace arrangements. Examples of such victim sensitive remedies may include: order of no contact, adjustment of schedule, etc. These remedies may be applied to one, both, or multiple parties involved.
- If the reporting party is unsatisfied with the outcome of the informal resolution procedure, the formal resolution procedure may be pursued.
- Once a complaint of sex discrimination is made, an investigation of the report shall be pursued in as prompt a manner as possible to determine if there has been a violation of this policy.
- To ensure a prompt and thorough investigation, the complainant should provide as much of the following information as possible:
- The name, department, and position of the person or person(s) allegedly causing the sex discrimination (which includes: sexual misconduct, sexual violence, and harassment) or retaliation.
- A description of the incident(s), including the date(s), location(s), and the presence of any witnesses.
- If the complainant is an employee: the alleged effect of the incident(s) on the complainant’s position, salary, benefits, promotional opportunities, or other terms or conditions of employment.
- The names of other students or employees who might have been subject to the same or similar sex discrimination or retaliation.
- Any steps the complainant has taken to try to stop the sex discrimination or retaliation.
- Any other information the complainant believes to be relevant to the sex discrimination, harassment, or retaliation.
- Where an act in violation of this policy has occurred, an investigation into the report shall be conducted by the Title IX Coordinator. For reports involving College employees and/or third parties, the Title IX Coordinator and Human Resources Director shall jointly conduct the investigation. The investigation and hearing (if any) shall be concluded as quickly as possible, typically within forty-five to sixty (45 – 60) calendar days unless circumstances require a longer time period (to be determined by the Title IX Coordinator). The investigation will be conducted in a manner so that it is adequate, reliable, and impartial.
- The investigation may include any of the following: interviews of the parties involved, including witnesses, and the gathering of other relevant information.
- Parties to the complaint may present witnesses and other evidence.
- At anytime during the investigation, the investigator may recommend that interim protections or remedies for the parties involved or witnesses be provided by appropriate College officials. These protections or remedies may include separating the parties, placing limitations on contact between the parties, suspension, or making alternative workplace arrangements. Failure to comply with the terms of interim protections may be considered a separate violation under the MCC Student Code of Conduct if they are a student, or they may be subject to actions under the Institutional Policies and Procedures Manual if they are an employee or third party.
Cooperation with Law Enforcement
- The College will comply with Law Enforcement request for cooperation and such cooperation may require the College to temporarily suspend the fact-finding aspect of a Title IX investigation while the law enforcement investigation as soon as notified by the law enforcement agency that it has completed the evidence gathering process, which typically takes three to ten calendar days, although the delay in the College’s investigation may be longer in certain instances.
- The College will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the victim(s) and the campus community and the avoidance of retaliation.
- A resolution shall be determined at the conclusion of the investigation. Parties involved will be given notice of the outcome in writing within twenty-one (21) calendar days. Parties to the complaint may appeal the findings of the investigation by submitting a copy of the complaint and the investigator’s decision to the President within ten (10) calendar days of receipt of the investigator’s decision. If no appeal is received by the President within the ten (10) day period, the investigator’s decision will be final. All grounds for appeal shall be based on the emergence of new evidence that was previously unavailable or based on the grounds that some aspect of this policy or procedure was not adequately followed. All appeals will be conducted in an impartial manner by one of the persons in the following positions who did not conduct the initial investigation: Dean of Administrative Services; Dean of Academic Affairs; Human Resources Director; Executive Vice President, Student Services; Counselor; Dean of Continuing Education; Assistant to the President; or, the College President or his/her designee. Within twenty-one (21) calendar days of the date of filling the appeal the parties will receive notice of the appeal decision in writing.
- A resolution shall be determined at the conclusion of the investigation. Parties involved will be given notice of the outcome in writing within twenty-one (21) calendar days. The College shall take reasonable steps to prevent the recurrence of sex discrimination or retaliation in any form. If the reoccurrence takes place, those responsible for such behavior may be subject to disciplinary action under the MCC Student Code of Conduct if they are a student, or they may be subject to actions under the Institutional Policies and Procedures Manual if they are an employee or third party.
- The College will take all necessary steps to remedy the discriminatory effects on the victim(s). Examples of such remedies may include: order of no contact, classroom re-assignment, or other appropriate remedies.
Definitions and Examples
Sex discrimination is defined as behaviors and/or actions that deny or limit a person’s ability to benefit from and/or fully participate in the educational programs or activities or employment opportunities because of a person’s sex. Examples of sex discrimination under Title IX include, but are not limited to:
- Sexual harassment,
- Failure to provide equal opportunity in education programs and co-curricular programs discrimination based on pregnancy, and,
- Employment discrimination.
Sexual harassment is defined as unwanted sexual advances, requests for sexual favors, visual, verbal, or physical conduct of a sexual nature when:
- Submission to such conduct is made a term or condition of employment or the educational relationship;
- Submission to or rejection of such conduct is used as a basis for employment or education decisions affecting the individual; or,
- Such conduct is sufficiently severe and pervasive to a reasonable person that it substantially interferes with a student’s or employee’s work performance or creates an intimidating, hostile, or offensive working, educational, or living environment.
While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include:
- Promising, directly or indirectly, a student or employee a reward, if the student or employee complies with a sexually oriented request.
- Threatening, directly or indirectly, retaliation against a student or an employee, if the student or employee refuses to comply with a sexually oriented request.
- Denying, directly or indirectly, a student or employee an employment or education related opportunity, if the student or employee refuses to comply with a sexually oriented request.
- Engaging in sexually suggestive conversation or physical contact or touching another student or employee.
- Displaying pornographic or sexually oriented materials.
- Engaging in indecent exposure.
- Making sexual or romantic advances toward a student or employee and persisting despite the student or employee’s rejection of the advances.
- Physical conduct such as assault, touching, or blocking normal movement.
- Retaliation for making harassment reports or threatening to report harassment.
- Sexual harassment can involve males or females being harassed by members of either sex. Although sexual harassment sometimes involves a person in a greater position of authority as the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment.
- Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered separately would not rise to the level of harassment.
Sexual misconduct is a broad term encompassing any sexual behaviors that violate MCC’s Student Code of Conduct and/or Title IX Policy. In general, any nonconsensual physical contact of a sexual nature may constitute Sexual Misconduct.
Sexual Misconduct may vary in its severity and consists of a range of behaviors or attempted behaviors that may be grounds for student conduct action under College policy.
Prohibited conduct under this Sexual Misconduct Policy includes:
- Non‐Consensual Sexual Contact is any intentional sexual touching, however slight, with any object or body part, by a man or a woman, upon a man or a woman, without consent.
- Non‐Consensual Sexual Intercourse is any sexual intercourse (anal, oral, or vaginal) however slight, with any object or body part, by a man or a woman, upon a man or a woman, without consent.
- Forced Sexual Intercourse is any unwilling or non-consensual sexual penetration (anal, vaginal, or oral) with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another’s mental or physical condition of which the assailant was aware or should have been aware.
Sexual activity includes intentional contact with the breasts, buttock, groin, genitals, touching another with any of these body parts, or making another touch you or himself/herself with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice. Intercourse, however slight, meaning 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).
Sexual exploitation occurs when an individual takes non‐consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone 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 the other sexual misconduct offenses.
Examples of sexual exploitation include, but are not limited to:
- Prostituting another;
- Non‐consensual pictures, 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 disease (STD) or HIV to another.
- Effective consent is the basis of the analysis applied to unwelcome sexual contact. Lack of consent is the critical factor in any incident of sexual misconduct. Consent is informed, freely and actively given and requires clear communication between all persons involved in the sexual encounter. Consent is active, not passive. Consent can be communicated verbally or by actions. But in whatever way consent is communicated, it must be mutually understandable. Silence, in and of itself, cannot be interpreted as consent.
- It is the responsibility of the initiator of sexual contact to make sure he/she understands fully what the person with whom they are involved wants and does not want sexually.
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
- Previous relationships or consent does not imply consent to future sexual acts.
- Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or 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, the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, when someone makes clear that they do not want sexual activity, 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.
- Effective consent cannot be given by minors, mentally disabled individuals, or persons incapacitated as a result of drugs or alcohol.
- If you have sexual activity with someone you know to be or should know to be mentally or physically incapacitated (by alcohol or other drug use, unconsciousness, or blackout), you are in violation of this policy.
- Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why, or how of their sexual interaction.
- This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so‐called “date‐rape” drugs. Possession, use, and/or distribution of any of these substances, including but not limited to, Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another individual for the purpose of inducing incapacity is a violation of this policy.
- Use of alcohol or drugs will never function to excuse behavior that violates this policy.
In order to pursue action through MCC’s grievance procedure, an aggrieved student or employee should meet with the Title IX Coordinator, or the Human Resources Director, as the case may be, as soon as possible after the alleged act of sex discrimination, harassment, or retaliation occurs, to discuss the complaint. In any case, there is no time limit for students to make a report. Employees who have experienced conduct they believe is contrary to this policy have an obligation to make a report. An employee’s failure to fulfill this obligation may affect his/her rights in pursuing legal action. Timely reporting is necessary for employees.
There are various supportive measures available for those who have experienced sex discrimination. These support sources include:
- Title IX Coordinator: The Title IX Coordinator serves as the central reference person for information about reporting and the investigative procedure, as well as available support services.
- Counseling: Students who have experienced any form of sex discrimination, including sexual misconduct may receive confidential counseling at the Center for Family Violence Prevention 252-809-4290. MCC employees may contact the Human Resources office or the Title IX Coordinator or reference the Institutional Policies and Procedures Manual for information regarding counseling options.
- Reassignments: When the survivor and the accused student participate in the same courses, or participate in the same activities (i.e., sports teams), survivors may request that a fair and immediate way to reassign and/or move one of the persons be decided upon by the Executive Vice President, Student Services, or a designee. The Executive Vice President, Student Services will consult with the appropriate program director or faculty in making a determination regarding an alternative classroom assignment(s) for the accused student and/or the survivor who has experienced a sexual offense. When a student employee makes a report and the accused work in the same department or area, alternative work assignments may be made by the appropriate administrator upon request by the student employee filing the complaint.
MCC strictly prohibits retaliation against any person for, in good faith, using this reporting procedure, or for filing, testifying, assisting, or participating in any manner in any investigation or proceeding involving allegations of sex discrimination. Any person who violates this policy will be subject to discipline, up to and including termination if he/she is an employee, and/or dismissal if he/she is a student. Retaliation is any action by any person that is perceived as: intimidating, hostile, harassing, retributive, or violent that occurred in connection to the creation and investigation of the report.
- Those who have experienced sex discrimination should know that all College employees must report known felonies to the police, either directly or through Campus Security Officer. Only licensed mental health providers and clergy are not required to disclose knowledge of felonies reported to them except when necessary to prevent Those who wish to discuss a situation in complete confidence should notify only licensed mental health providers and clergy.
- If you would like to report an incident or speak to someone about something that happened, and you desire that details of the incident be kept confidential, you should ask to speak with licensed mental health providers, clergy, or off‐campus rape crisis resources, who will maintain confidentiality to the extent permitted by
- All inquiries, complaints, and investigations are treated with discretion. Information is revealed as law and policy permit. However, the identity of the complainant is usually revealed to the person(s) accused of such conduct and to any witnesses with consent of the complainant. Publicizing information about alleged sex discrimination or retaliation is strictly prohibited and may be considered a violation of College policy.
- The Title IX Coordinator shall maintain all information in secure files pertaining to a complaint or investigation.
Federal Statistical Reporting Obligations
Certain campus officials (campus Clery Act officials) have a duty to report violations of this policy for federal statistical reporting purposes. All personally identifiable information is kept private, but statistical information must be passed along to campus Clery Act officials regarding the type of incident and its general location (on or off campus, in the surrounding area, but no addresses are given), for publication in the annual Campus Security Report (Clery Report). This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Federal Timely Warning Reporting Obligations
Victims of sex discrimination should also be aware that College administrators must issue timely warnings for certain types of incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community, under Federal “Clery” law. The College will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the danger.
Intersection with the Student Conduct Process
For reports of violations of this policy, in which the complaint involves students, the complainant may also initiate charges through the student conduct process found in the College Catalog. Any member of the College community may initiate charges against a student. In instances when a student conduct complaint is made, a conduct hearing shall be scheduled within five (5) school days of the conclusion of the investigation about the complaint. The purpose of the student conduct hearing is to determine responsibility for any alleged charges. This policy will be followed, in accordance with the student conduct process as it relates to the Title IX policy.
Standard for Determining Responsibility in a Student Conduct Hearing
The standard used to determine accountability will be whether it is more likely than not that the accused has violated the MCC Student Code of Conduct policy (preponderance of evidence). All members of the College community found to have violated this policy will be sanctioned, up to dismissal from the College.
The Complainant's Rights in a Student Conduct Hearing
- An explanation of available options for redress.
- Freedom from harassment by the accused (or the supporters).
- Use of all available internal and external support services in dealing with the aftermath of the offense.
- Ability to speak on his/her own behalf during the disciplinary proceedings, including making a “survivor impact” statement to a hearing board or College disciplinary panel.
- The presence of an advisor from the College community and/or a support person during the disciplinary hearing.
- The opportunity to present witnesses who can speak about the charges, character witnesses excluded.
- Attend the entire disciplinary hearing except for the deliberation phase.
- Testify on his/her own behalf.
- Freedom from having irrelevant sexual history discussed during the disciplinary hearing.
- Information about the outcome of the disciplinary hearing.
- Opportunity to appeal the outcome of the hearing.
The Rights of an Accused in a Student Conduct Hearing
The College will treat an accused person with fairness throughout the disciplinary proceedings. Specifically, accused persons are entitled to:
- An explanation of the charge(s).
- Freedom from harassment by the complainant (or supporters).
- An explanation of the College discipline system.
- The presence of an advisor from the College community.
- Testify on his/her own behalf.
- Present witnesses who can speak about the charges, character witnesses excluded.
- Freedom from having irrelevant sexual history discussed during the disciplinary hearing.
- Information about the outcome of the disciplinary hearing.
- Opportunity to appeal the outcome of the hearing. At the conclusion of the conduct hearing process, the College will provide written notification to the parties involved of the outcome and resolution of the hearing within ten (10) school days. Once written notification of the resolution has been received, the parties involved will have the opportunity to appeal the findings. The desire to appeal should be submitted in writing to the college president within three (3) school days. Appeals shall follow the appeal procedure found in the College Catalog or Institutional Policies and Procedures Manual. The Appellate body shall not be the Hearing Officer or members of the Conduct Board in the original hearing. If there is any conflict between this Title IX policy and procedure and student conduct process, this Title IX policy and procedure shall apply.
- The College reserves the right to take whatever measures it deems necessary in response to an allegation of sex discrimination in order to protect students’ rights and personal safety.
- Such measures may include, but are not limited to, separating the parties, placing limitations on contact between the parties, suspension, making alternative workplace or student housing arrangements, and reporting to the local police.
- Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose differing sanctions, ranging from oral warning to expulsion, depending on the severity of the offense.
Attempted violations: In most circumstances, the College will treat attempts to commit any of the violations listed in this policy or in the Student Student Code of Conduct as if those attempts had been completed.
The College as Complainant: As necessary, the College reserves the right to initiate a student conduct complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim or complainant.
The College will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws. Violations will result in sanctions, ranging from oral warning to expulsion, depending on the severity of the offense.
Immunity for Victims
The College community encourages the reporting of sex discrimination and Student Code of Conduct violations. Sometimes, victims are hesitant to report to College officials because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community that as many victims as possible choose to report to College officials. To encourage reporting, the College pursues a policy of offering victims of sex discrimination and sexual misconduct limited immunity from being charged with policy violations related to the incident. While violations to policy cannot be completely overlooked, the College will provide educational options rather than punishment, in such cases.
The welfare of students in our community is of paramount importance. At times, students on and off campus may need assistance. The College encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, as student who has been drinking underage might hesitate to help take a victim of sexual misconduct to the Campus Security Officer). The College pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the College will provide educational options, rather than punishment, to those who offer their assistance to others in need.
The College reserves the right to notify parents/guardians of dependent students regarding any health or safety emergency, change in student status or conduct situation, particularly alcohol and other drug violations. The College may also notify parents/guardians of non‐dependent students who are under age of twenty-one (21) of alcohol and/or drug policy violations. Where a student is non‐dependent, the College will contact parents/guardians to inform them of situations in which there is a health and/or safety risk. The College also reserves the right to designate which College officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.
Notification of Outcomes
- The outcome of a Title IX investigation involving students is part of the education record of the student parties involved and is protected from release under a federal law, FERPA. However, the College observes the legal exceptions that allow for notification of the parties involved and others whom the College determines to inform based on the law and this policy.
- Students who bring any sort of sex discrimination complaint against faculty or staff may be informed of the outcome of the investigation and the resolution.
- The College may release publicly the name, nature of the violation, and the sanction for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. The College will release this information to the complainant in any of these offenses regardless of the outcome.
Alternative Testimony Options for Student Conduct Hearings
For student conduct complaints of a sensitive nature, whether the alleged victim is serving as the complainant or as a witness, alternative testimony options may be given, such as placing a privacy screen in the hearing room, or allowing the alleged victim to testify from another room via closed circuit. While these options are intended to help make the alleged victim more comfortable, they are not intended to work to the disadvantage of the accused student.
Past Sexual History/Character in Student Conduct Hearings
The past sexual history or sexual character of a party will not be admissible in hearings unless such information is determined to be highly relevant by the Hearing Officer. All such information sought to be admitted will be presumed irrelevant. Any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request and must be reviewed in advance of the hearing by the Hearing Officer. While previous conduct violations by the accused student are not generally admissible as information about the present alleged violation, the Hearing Officer may supply previous complaint information to the conduct board, or may consider it him/herself if he/she is hearing the complaint, only if:
- The accused was previously found to be responsible in a conduct hearing.
- The previous incident was substantially similar to the present allegation.
- Information indicates a pattern of behavior and substantial conformity with that pattern by the accused student.
Sex Offense Educational Programming
- Because MCC recognizes sex discrimination as an important issue, the College offers educational programming to a variety of groups such as: Campus Resources (Campus Safety, Faculty, and Staff), incoming students participating in orientation, and members of student organizations.
- Sex Discrimination educational programming may address matters such as: a definition of what constitutes sex discrimination, the causes of sex discrimination, myths involved with sex discrimination, the relationship between sex discrimination and alcohol use, what to do if you are assaulted, the nature of a rape examination, an explanation of the College sex discrimination policy, men’s issues and sexual assault, campus community resources to assist both the survivor and the accused, and how to file charges within the College, its conduct system, and/or with the local police department.