Title IX and Sexual Misconduct

Policy on Sexual Violence, Domestic Violence, Dating Violence, and Stalking

What is Title IX?

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is an all-encompassing federal law that prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Under certain circumstances, sexual misconduct, sexual harassment, and similar conduct constitute sexual discrimination prohibited by Title IX. As a recipient of federal funds, Danville Community College is required to comply with Title IX.

Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator Cheryl Terry, or the Deputy Title IX Coordinator Howard Graves. (See contact information below).

Title IX Coordinators

The Title IX Coordinator and Deputy Title IX Coordinator have responsibility to coordinate DCC’s efforts to comply with its obligations under Title IX and the Title IX regulations. These responsibilities include coordinating any investigations of complaints received pursuant to Title IX and the implementing regulations.

In addition, the Title IX Coordinators:

  • Promote the creation of policies, procedures, and notifications designed to ensure college compliance with Title IX 
  • Oversee implementation of compliance (grievance) procedures, including investigation and disposition of complaints 
  • Answer questions and provides guidance about Title IX compliance and the college’s related policies and procedures 
  • Serve as a liaison to the state and federal agencies that enforce Title IX 
  • Help ensure the campus community and college employees with Title IX compliance and is responsible for seeing they are adequately trained and educated 
  • Monitor all other aspects of the college’s Title IX compliance 

Title IX Incident Report Form

Title IX Witness Statement

Policy on Sexual Harassment

Policy on Sexual Harassment

 A.  Notice of Nondiscrimination

As a recipient of federal funds, Danville Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in education programs or activities, admission, and employment. Under certain circumstances, sexual harassment constitutes sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The Title IX Coordinator is Cheryl Terry, whose office is located at Wyatt 213, and may be contacted by phone at 434-797-8524 or by email at cheryl.terry@danville.edu.

 B. Policy

 1. Danville Community College is committed to providing an environment that is free from harassment and discrimination based on any status protected by law. Accordingly, this Policy prohibits sex discrimination, which includes sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, and stalking.  This Policy also prohibits retaliation.  This Policy supplements the following general policy statement set forth by the Virginia Community College System: This College promotes and maintains educational opportunities without regard to race, color, national origin, religion, disability, sex, sexual orientation, gender identity, ethnicity, marital status, pregnancy, childbirth or related medical conditions including lactation, age (except when age is a bona fide occupational qualification), veteran status, or other non-merit factors.  This Policy also addresses the requirements under the Violence Against Women Reauthorization Act of 2013, (also known as the Campus SaVE Act), and Virginia law.

2. This Policy is not intended to substitute or supersede related criminal or civil law. Individuals are encouraged to report incidents of sexual and domestic violence, dating violence, and stalking to law enforcement authorities.  Criminal and civil remedies are available in addition to the remedies that the College can provide. 

C. Purpose

 The purpose of this Policy is to establish that the College prohibits sexual harassment and retaliation, and to set forth procedures by which allegations of sexual harassment shall be reported, filed, investigated, and resolved.

D. Applicability

 This Policy applies to prohibited conduct by or against students, faculty, staff, and third parties, e.g., contractors and visitors involving a program or activity of the College in the United States.  Conduct outside the jurisdiction of this Policy may be subject to discipline under a separate code of conduct or policy.

E.  Definitions  

  1. Actual Knowledge.  Actual knowledge means notice of sexual harassment or allegations of sexual harassment to a College’s Title IX Coordinator [and/or any other official of the College who has authority to institute corrective measures on behalf of the College].

  1. Advisor. An advisor is an individual who provides the complainant or respondent support, guidance, and advice.  Advisors may be present at any meeting or live hearing but may not speak directly on behalf of the complainant or respondent, except to conduct cross-examination during a live hearing. Advisors may be but are not required to be licensed attorneys.

  1. Appeal Officer.  The Appeal Officer is the designated employee who reviews the complete record of the formal complaint and written statements of the parties during an appeal of a written determination.  The Appeal Officer decides whether to grant the appeal and determines the result of the appeal.

 4. Campus.  Campus refers to (i) any building or property owned or controlled by the College within the same reasonably contiguous geographic area of the College and used in direct support of, or in a manner related to, the College’s educational purposes, and (ii) any building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the College but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor.

 

  1. Complainant. A complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.  A complainant may file a formal complaint against faculty, staff, students, or third parties. 

 

  1. Consent.  Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity.  Silence does not necessarily constitute consent. Past consent to sexual activities, or a current or previous dating relationship, does not imply ongoing or future consent.  Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse).  An individual cannot consent who is under the age of legal consent.  The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred.  Any sexual activity or sex act committed against one’s will, by the use of force, threat, intimidation, or ruse, or through one’s mental incapacity or physical helplessness is without consent. 

 Mental incapacity means that condition of a person existing at the time which prevents the person from understanding the nature or consequences of the sexual act involved (the who, what, when, where, why, and how) and about which the accused knew or should have known. This includes incapacitation by using drugs or alcohol. Intoxication is not synonymous with incapacitation.

  1. Physical helplessness means unconsciousness or any other condition existing at the time which otherwise rendered the person physically unable to communicate an unwillingness to act and about which the accused knew or should have known.  Physical helplessness may be reached through the use of alcohol or drugs.

 

  1. Cumulative Evidence.  Cumulative evidence is additional evidence that has been introduced already on the same issue and is therefore unnecessary.  The Hearing Officer has the discretion to exclude cumulative evidence.

  1. Dating Violence.  Dating violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury committed by a person who is or has been in a close relationship of a romantic or intimate nature with the other person.  The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

  1. Deliberate Indifference.  Deliberate indifference refers to a response to sexual harassment that is clearly unreasonable in light of the known circumstances. The College’s response may be found deliberately indifferent if the response restricts the rights to the Freedom of Speech and Due Process under the First, Fifth, and Fourteenth Amendments of the U.S. Constitution.

  1. Domestic Violence.  Domestic violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member, which includes a current or former spouse, a person with whom the victim shares a child in common, or who is cohabitating with or has cohabitated with the person as a spouse or intimate partner.

  1. Due Process.  Due process is a right guaranteed by the Fifth and Fourteenth Amendments of the U.S. Constitution.  Basic procedural due process guarantees that an individual receives notice of the matter pending that relates to the possible deprivation of a property or liberty interest and the opportunity to be heard.  For example, students and employees facing suspension or expulsion/termination for disciplinary reasons must be given notice of the allegations against them prior to any hearing or determination of responsibility.  Any disciplinary process must be fair and impartial.  Additionally, the opportunity to respond must be meaningful.

  1. Education Program or Activity.  An education program or activity encompasses all of the College’s operations and includes locations, events, or circumstances over which the College exercises substantial control over both the respondent and the context in which the sexual harassment occurs.  Examples of education programs or activities includes, but are not limited to, college-sponsored conferences, athletic events and sports teams, student organizations, and wi-fi network.
  2. Exculpatory Evidence.  Exculpatory evidence is evidence that shows, or tends to show, that a respondent is not responsible for some or all of the conduct alleged in the notice of allegations. The College must provide the respondent with all exculpatory evidence.

  1. Final Decision.  A final decision is the written document that describes any sanctions imposed and remedies provided to the respondent and complainant, respectively, at the conclusion of the formal resolution process.

  1. Formal Complaint.  A formal complaint is a document filed and signed by a complainant or signed by the Title IX Coordinator that alleges sexual harassment against a respondent and requests the College to investigate the allegation of sexual harassment. The complainant must be participating in or attempting to participate in an education program or activity of the College when the formal complaint is filed. A complainant cannot file a formal complaint anonymously.  The Title IX Coordinator may sign on a complainant’s behalf in matters where it is in the best interest of the complainant or the College to do so.

  1. Freedom of Speech.  The freedom of speech is a right guaranteed by the First Amendment of the U.S. Constitution to express one’s thoughts and views without unlawful governmental restrictions.  As governmental entities, Colleges must not infringe on this right.  This Policy expressly prohibits censorship of constitutionally protected expression. 

  1. Hearing Officer.  A Hearing Officer is the presiding official of a live hearing who must issue a written determination on responsibility.  Colleges may choose to hold live hearings with a single Hearing Officer or by committee.

  1. Inculpatory Evidence. Inculpatory evidence is evidence that shows, or tends to show, that a respondent is responsible for some or all of the conduct alleged in the notice of allegations. 

  1. Preponderance of the Evidence.  A preponderance of the evidence is evidence that shows that the fact sought to be proved is more probable than not to be true.  A preponderance of the evidence means evidence that is of greater weight or more convincing than the evidence that supports the contrary position. 

  1. Relevance.  Relevance refers to evidence that tends to prove or disprove whether the respondent is responsible for the alleged conduct.  In determining whether a question is relevant, the Hearing Officer must focus on evidence pertinent to proving whether facts important to the allegations in the formal complaint are more or less likely to be true.

  1. Remedies.  Remedies are actions taken or accommodations provided to the complainant after a determination of responsibility for sexual harassment has been made against the respondent.  Remedies are designed to restore or preserve equal access to the College’s education program or activity. Remedies may be disciplinary or non-disciplinary.

  1. Report of Sexual Harassment.  A report of sexual harassment occurs when anyone reports an allegation of sexual harassment to the Title IX Coordinator, or that reaches the Title IX Coordinator through a Responsible Employee. An individual need not be participating or attempting to participate in an education program or activity of the College to file a report.  The respondent also does not need to be an employee, student, or otherwise affiliated with the College for a person to file a report against a respondent.  A report of sexual harassment does not trigger an investigation or the formal or informal resolution process, but it does require the Title IX Coordinator to meet with the complainant and carry out the procedures described in Section T of this Policy.

  1. Respondent. A respondent is an individual who has been reported to have engaged in conduct that could constitute sexual harassment as defined under this Policy. In most cases, a respondent is a person enrolled or employed by the College or who has another affiliation or connection with the College.  The College may dismiss a formal complaint when the College has little to no control over the respondent, but will offer supportive measures to the complainant and set reasonable restrictions on an unaffiliated respondent when appropriate.

  1. Responsible Employee.  A Responsible Employee is an employee who has the authority to take action to redress sexual harassment; who has been given the duty to report sexual harassment to the Title IX Coordinator [or other designee]; or an employee a student could reasonably believe has such authority or duty. [The College may name Responsible Employees by title, or name employees who are Campus Security Authorities (CSAs) as Responsible Employees.] A Responsible Employee shall not be an employee who, in his or her position at the College, provides services to the campus community as a licensed health care professional, (or the administrative staff of a licensed health care professional), professional counselor, victim support personnel, clergy, or attorney. [Colleges may choose to identify by name employees who are not Responsible Employees.]

  1. Review Committee. A review committee is the committee consisting of three or more persons, including the Title IX Coordinator or designee, a representative of campus police or campus security, and a student affairs representative, that is responsible for reviewing information related to acts of sexual violence.

  1. Sex Discrimination. Sex discrimination is the unlawful treatment of another based on the individual's sex that excludes an individual from participation in, separates or denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual's employment, education, or participation in an education program or activity. The College’s treatment of a complainant or a respondent in response to a formal complaint of sexual harassment constitutes sex discrimination under Title IX when such response is deliberately indifferent. 

  1. Sexual Assault. Sexual assault is any sexual act directed against another person without consent or where the person is incapable of giving consent. Sexual assault includes intentionally touching, either directly or through clothing, the victim’s genitals, breasts, thighs, or buttocks without the person’s consent, as well as forcing someone to touch or fondle another against his or her will.   Sexual assault includes sexual violence.

  1. Sexual Exploitation. Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of 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 other sexual harassment offenses.  Examples of sexual exploitation include prostituting another person; non-consensual video or audio-taping of otherwise consensual sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex), and knowingly transmitting HIV or an STD to another.

  1. Sexual Harassment. Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:  

  1. Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly; 

  1. Hostile Environment:  Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity of the College, including a student’s educational experience or an employee’s work performance;

  1. Clery Act/VAWA Offenses:  Sexual assault/sexual violence, dating violence, domestic violence, and stalking, as defined by this Policy.   

30. Sexual Violence.  Sexual violence means physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent.  Sexual violence includes rape and sexual assault. 

31. Stalking.  Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. Such conduct can occur in person or online, but the conduct must involve an education program or activity of the College.

32. Statement. A statement is a person's intent to make factual assertions, including evidence that contains a person's statement(s). Party or witness statements, police reports, Sexual Assault Nurse Examiner (SANE) reports, medical reports, and other records may not be relied upon in making a final determination after the completion of a live hearing if they contain statements of a party or witness who has not submitted to cross-examination.

33. Supportive Measures. Supportive measures means non-disciplinary, 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. Such measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the campus environment, or to deter sexual harassment.

34. Third Party.  A third party is any person who is not a student or employee of the College.

35. Title IX.  Title IX means Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any education program or activity receiving Federal financial assistance.

36. Title IX Coordinator. The Title IX Coordinator is the employee or employees designated and authorized to coordinate the College’s efforts to comply with its responsibilities under Title IX.

37. Workday. A workday is any day that the College is open for business.  Workdays include days when classes are not held, but when employees are expected to be at work.

38. Written Determination. A written determination is the written decision by a Hearing Officer that a respondent is responsible or not responsible for a violation of this Policy by a preponderance of the evidence after a live hearing. A written determination also is the result of an appeal decided by an Appeal Officer.

 

F.  Retaliation

  1. No person may intimidate, threaten, coerce, harass, discriminate, or take any other adverse action against any other person for the purpose of interfering with any right or privilege provided by this Policy, or because the person has made a report or filed a formal complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, live hearing, or any other process described in this Policy.  

  1. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this Policy.

  1. Allegations of retaliation that do not involve sex discrimination or sexual harassment but are related to a report or formal complaint of sexual harassment for the purpose of interfering with any right or privilege provided by this Policy constitutes retaliation. 

  1. Allegations of retaliation will be investigated and adjudicated as a separate code of conduct violation.  Any person found responsible for retaliating against another person is subject to disciplinary or other action independent of the sanctions or interim measures imposed in response to the underlying allegations of violations of this Policy.

G.  Reporting Incidents of Sexual Harassment

 1. Members of the campus community who believe they have been victims of crimes may report the incident to campus or local police.  All emergencies or any incident where someone is in imminent danger should be reported immediately to campus police/security or local police by dialing 911 or 434-797-8533.

2. Whether or not a report is made to law enforcement, any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual

harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by reporting such conduct to a Responsible Employee to ensure that the Title IX Coordinator receives the verbal or written report. The Title IX Coordinator is solely responsible for overseeing the prompt, fair, and impartial investigation and resolution of reports and formal complaints filed with the College.  

 Danville Community College Title IX Campus Resources

 Title IX Coordinator
Cheryl Terry
111 South Main Street
Wyatt 213
434-797-8524

cheryl.terry@danville.edu                                                                  

 Deputy Title IX Coordinator

Howard Graves
111 South Main Street
Wyatt 108
434-797-843

Howard.graves@danville.edu

3.  During non-business hours, members of the campus community should report alleged violations of this Policy to [appropriate college representative and full contact information].

4. There is no time limit for reporting incidents of sexual harassment with the Title IX Coordinator. However, complainants should report possible violations of this Policy as soon as possible to maximize the College’s ability to respond effectively to the report. Failure to report promptly also could result in the loss of relevant evidence.

Support Services

For more information about available resources, go to: http://www..danville.edu/coronavirus, which provides a list of campus and community resources, e.g., hospitals, domestic violence and sexual assault resource center, etc. Danville Community College also maintains an agreement with Piedmont Counseling, which provides professional counseling services upon referral to students and employees. 

updated 8/14/2020

Contacts

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Cheryl Terry

Dean, Division of Student Success and Academic Advancement
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Howard Graves

Assistant Professor and Coordinator of Counseling; Deputy Title IX Coordinator