2019 TMCC Annual Security Report

14 Policies and Procedures Concerning Sexual Assault, Domestic Violence, Dating Violence and Stalking TMCC is committed to creating and maintaining a community where all persons who participate in College programs and activities can work and learn together in an atmosphere free of all forms of harassment, exploitation, or intimidation. TMCC prohibits sexual harassment and sexual violence, which includes sexual assault, domestic violence, dating violence and stalking. TMCC will respond promptly and effectively to reports of sexual harassment and sexual violence, and will take appropriate action to prevent, correct, and when necessary, to discipline conduct that violates Nevada System of Higher Education policy. The policy in its entirety may be found in the Board of Regents Handbook (Title 4, Chapter 8, Section 13): Policy Against Discrimination and Sexual Harassment: Complaint Procedure. Definitions and Terms (As per NSHE BOR Handbook, Title 4, Chapter 8, Section 13.) Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual or gender bias nature constitute sexual harassment when: Educational Environment: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic status (“quid pro quo”); Conduct that is sufficiently severe, persistent or pervasive so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities or opportunities offered by the institution (“hostile environment”). Workplace Environment: Submission to or rejection of the conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity (“quid pro quo”); or Conduct that is sufficiently severe, persistent or pervasive so as to create a work environment that a reasonable person would consider intimidating, hostile or abusive, and which may or may not interfere with the employee’s job performance (“hostile environment”). Sexual violence is a severe form of sexual harassment, and refers to physical sexual acts or attempted sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including but not limited to rape, sexual assault, sexual battery, sexual coercion or similar acts in violation of state or federal law. Sexual Harassment Examples: Sexual harassment may take many forms - subtle and indirect, or blatant and overt. For example, it may occur between individuals of the opposite sex or of the same sex. It may occur between students, between peers and/or co-workers, or between individuals in an unequal power relationship (such as by a supervisor with regard to a supervised employee or an instructor regarding a current student). It may be aimed at coercing an individual to participate in an unwanted sexual relationship or it may have the effect of causing an individual to change behavior or work performance. It may consist of repeated actions or may even arise from a single incident if sufficiently severe. It may also rise to the level of a criminal offense, such as battery or sexual violence. Sexual violence is a physical act perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or other factors which demonstrate a lack of consent or inability to give consent. An individual also may be unable to give consent due to an intellectual or other disability. Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, and sexual coercion. Determining what constitutes sexual harassment under this policy is dependent upon the specific facts and the context in which the conduct occurs. Some conduct may be inappropriate, unprofessional, and/or subject to disciplinary action, but would not fall under the definition of sexual harassment. The specific action taken, if any, in a particular instance depends on the nature and gravity of the conduct reported, and may include disciplinary processes. Examples of unwelcome conduct of a sexual or gender related nature that may constitute sexual harassment may, but do not necessarily, include, and are not limited to: Rape, sexual assault, sexual battery, sexual coercion or other sexual violence;