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Sexual Harassment

“Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of a NSHE institution conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or
  3. Sexual assault, as defined by the Clery Act, 34 C.F.R. § 668.46(a), as amended by the Violence Against Women Act of 1994, including but not limited to dating violence, domestic violence, and stalking.

For the purposes of this definition, “education program or activity” includes locations, events, or circumstances over which an institution exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by an institution, which may include but is not limited to recognized fraternity, sorority, or student organizations. This definition does not apply to persons outside the United States.

Dating Violence

“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence

“Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by 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.

Fondling

“Fondling” means the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Incest

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

Rape

“Rape” means 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, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Sexual Assault

For the purposes of this definition, “sexual assault” means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the Federal Bureau of Investigation’s Uniform Crime Reporting Program.

Stalking

“Stalking” means engaging in a course of conduct on the basis of sex 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.

Statutory Rape

“Statutory rape” means sexual intercourse with a person who is under the statutory age of consent (16 years old).

How We Will Respond

When the College has actual knowledge of sexual harassment allegations in a TMCC education program or activity of the institution, we will respond promptly in a manner that is not deliberately indifferent.  Our response will treat complainants and respondents equitably by offering supportive measures to all parties, and by following a complaint process that complies with NSHE policies before the imposition of any disciplinary sanctions or other actions that are not supportive measures.

Human Resources will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

What Immediate Help Is Available?

Depending on the specific nature of the problem, supportive measures may include, but are not limited to:

For Students

  • Issuing a no-contact directive(s);
  • Providing an effective escort to ensure safe movement between classes and activities;
  • Not sharing classes or extracurricular activities;
  • Moving to a different residence hall;
  • Providing written information regarding institution and community services including but not limited to medical, counseling and academic support services, such as tutoring;
  • Providing extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty;
  • Restricting to online classes;
  • Providing information regarding campus transportation options;
  • Reviewing any disciplinary actions taken against the complainant or the respondent to see if there is a connection between the sexual misconduct and the misconduct that may have resulted in the complainant or the respondent being disciplined; 1 and
  • Requiring the parties to report any violations of these restrictions.

For Employees

  • Providing an effective escort to ensure safe movement between work area and/or parking lots/other campus locations;
  • Issuing a no-contact directive(s);
  • Placement on paid leave (not sick or annual leave);
  • Placement on administrative leave;
  • Transfer to a different area/department or shift in order to eliminate or reduce further business/social contact;
  • Providing information regarding campus transportation options;
  • Instructions to stop the conduct;
  • Providing information regarding institution and community services including medical, counseling and Employee Assistance Program;
  • Reassignment of duties;
  • Changing the supervisory authority; and
  • Directing the parties to report any violations of these restrictions.

Supportive measures will be confidential to the extent that such confidentiality will not impair the effectiveness of such measures or remedies.

[1] For example, if one party was disciplined for skipping a class in which the other party was enrolled, the institution should review the incident to determine if class was skipped to avoid contact with the other party.

What Can You Do?

You have the power to make a difference. If we all intervene as bystanders, we can stop sexual assault, sexual misconduct, domestic violence, dating violence and stalking. It is important to note that staying safe is of the utmost importance. Only intervene if it is safe to do so. The following provides examples of how to intervene as a bystander. 

Direct

Confront (without placing yourself in danger) either the potential target or the person who you think is about to engage in inappropriate behavior. Tell the person to stop, or tell them what they are doing is not acceptable behavior or it is not an acceptable activity.

Delegate

When you do not feel safe to approach the situation alone, look to involve others. Involve friends to assist you in getting the person at risk to a safe place. Reporting the behavior or activity to the police or others in authority is also delegation.

Distract

This technique involves causing some form of distraction that will interrupt the flow of potential misconduct. You may want to tell the person their car is being towed or that you recognize them from class to distract them so you and/or friends can take the person at risk to a safe place.

Safety Suggestions

While there is no absolute way to prevent sexual assault, there are some things you can do to help reduce your risk and promote the safety of others.  

  • Be aware of your surroundings.
  • Try to avoid isolated areas and situations.
  • Trust your instincts.
  • Have a plan as to how you will get home safely.
  • Go with a group of friends and agree to watch out for each other.
  • Do not leave your drink unattended.
  • Do not accept open drinks or drinks you did not watch being made.
  • Do not drink from common open containers.
  • Do not leave a drunk or drugged friend at a party.
  • Communicate your limits and desires firmly.
  • Distract.  If you see a friend in a situation that does not feel quite right, create a distraction and assist your friend to leave.
  • Intervene.  If you see someone who looks uncomfortable or at risk, step in without placing yourself in danger.
  • Enlist the help of others to diffuse a risky situation.
  • Report.  Call the police or tell someone in a position to help.

The preceding information was adapted in part from the Rape, Abuse and Incest National Network.