Title IX & Sexual Harassment
What is Title IX/Sexual Harassment
The Secretary of Education amends the regulations implementing Title IX of the Education Amendments of 1972. The final regulations specify how recipients of Federal financial assistance covered by Title IX, which includes postsecondary institutions, (hereinafter collectively referred to as “recipients” or “schools”), must respond to allegations of sexual harassment consistent with Title IX’s prohibition against sex discrimination.
These regulations are intended to effectuate Title IX’s prohibition against sex discrimination by requiring recipients to address sexual harassment as a form of sex discrimination in education programs or activities.
The final regulations obligate recipients to respond promptly and supportively to persons alleged to be victimized by sexual harassment, resolve allegations of sexual harassment promptly and accurately under a predictable, fair grievance process that provides due process protections to alleged victims and alleged perpetrators of sexual harassment, and effectively implement remedies for victims.
The final regulations also clarify and modify Title IX regulatory requirements regarding remedies the Department may impose on recipients for Title IX violations, the intersection between Title IX, Constitutional protections, and other laws, the designation by each recipient of a Title IX Coordinator to address sex discrimination including sexual harassment, the dissemination of a recipient’s non-discrimination policy and contact information for a Title IX Coordinator, the adoption by recipients of grievance procedures and a grievance process, how a recipient may claim a religious exemption, and prohibition of retaliation for exercise of rights under Title IX.
Issued May 19, 2020-effective August 14, 2020
Source: U.S. Department of Education
Title IX/Sexual Harassment includes: Sexual Assault, Domestic Violence, Dating Violence and Stalking
Title IX Coordinator
The Title IX Coordinator primary responsibility is coordinating the College’s efforts to comply with and carry out the responsibilities under Title IX, at Hinds Community College. The Title IX Coordinator is responsible for receiving and reviewing complaints of sex discrimination and sexual misconduct, as well as retaliation for the purpose of interfering with any rights or privileges secured by Title IX.
The Title IX Coordinator, designees included Lead Deputy Title IX Coordinator and Deputy Title IX Coordinators on each campus.
Hinds Community College is committed to providing an educational environment free of sexual discrimination and sexual harassment.
Sexual Misconduct Terminology
An individual who is alleged to be the victim of conduct that could constitute sexual harassment.
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
The Title IX official who receive the formal complaint.
A document filed by a complainant or signed by the Title IX Coordinator, alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment.
Are non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.
Is a person selected by the complainant or respondent to advise the them during the grievance process along with the live hearing.
A person (s) who witness alleged violation(s) and can provide facts.
The standard of proof the College uses to investigate reports of sexual misconduct. Preponderance of the evidence means, “more likely than not.” Where a person is alleged to have committed a particular act of sexual misconduct, the allegation is established by a preponderance of evidence when the evidence is such that is more likely than not true that the person committed the act.
Sexual Harassment is defined as conduct on the basis of sex that satisfies one or more of the following:
Sexual Assault is any attempted or actual sexual act directed against another person without consent of the victim, including instances where the victim is incapable of giving consent.
Any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.
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. This offense includes the rape of both males and females.
- Fondling is the touch8ing of the private 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 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 statuary age of consent.
- Consent is a voluntary agreement to engage in sexual activity.
- Consent cannot be given by someone who is incapacitated.
- Past consent does not imply current or future consent.
- Silence or absence of resistance does not imply consent.
- Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person.
- Consent can be withdrawn at any time.
- Coercion, force, or threat of either invalidates consent.
- An individual under the age of 17 cannot give consent.
A physically helpless person is considered to be one who is asleep, unconscious or for any other reason unable to communicate unwillingness to engage in any act. A mentally incapacitated person may be one who is under the influence of alcohol or a drug or who is mentally incapable of understanding the implications and consequences of any act.
A hostile environment is created when a person in authority requests sex in exchange for favors and through the presence of demeaning or sexual photographs, jokes or threats that create an intimidating offensive environment.
Dating violence is defined as violence committed by a person who is currently in or has been in a social relationship or a romantic or intimate relationship 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 purpose 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 co-habiting with, or has cohabited 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;
- 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.
Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or to cause that person to suffer substantial emotional distress.
For the purpose of this definition: Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Sexual exploitation is defined as occurring when an individual takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit or to take advantage of anyone other than the one being exploited, and such behavior does not otherwise constitute one of the other sexual misconduct offenses.
Sexual intimidation is defined as an implied or actual threat to commit a sex act against another person, or behavior used to coerce participation in a sex act.
To Submit a Complaint
Individuals wanting to file a complaint against another individual for behavior they consider to be sexual harassment should submit that complaint in writing to the appropriate employee listed below:
Nursing Allied Health Center
PO Box 1100 Raymond, MS 39154
Disability Support Services Coordinator, Deputy Title IX Coordinator
The Title IX Coordinator or Lead Deputy Title IX Coordinator will receive and review all complaints, oversee the grievance process, collaborate with the Deputy Title IX Coordinator, and the Title IX investigation team.