Scottsdale Community College 2018-19 Catalog
Issue link: https://www.e-digitaleditions.com/i/1006436
www.scottsdalecc.edu SCOTTSDALE COMMUNITY COLLEGE College Environment College Environment 255 2018-2019 CATALOG & STUDENT HANDBOOK C. Sexual Assault An act involving forced or coerced sexual penetration or sexual contact. D. Inducing Incapacitation for Sexual Purposes Using drugs, alcohol, or other means with the intent to affect, or having an actual effect on, the ability of an individual to consent or refuse to consent to sexual contact. E. Sexual Exploitation Taking non-consensual or abusive sexual advantage of another for anyone's advantage or benefit other than the person being exploited, and such behavior does not otherwise constitute a form of Sexual Harassment under this Policy. Examples of behavior that could rise to the level of Sexual Exploitation include: 1. Prostituting another person; 2. Non- consensual visual (e.g., video, photograph) or audio - recording of sexual ac tivit y; 3. Non- consensual distribution of photos, other images, or information of an individual 's sexual ac tivit y, intimate body par ts, or nakedness, with the intent to or having the ef fec t of embarrassing an individual who is the subjec t of such images or information; 4. Going beyond the bounds of consent (such as let ting your friends hide in the closet to watch you having consensual sex); 5. Engaging in non- consensual voyeurism; 6. Knowingly transmit ting an S TI (sexually transmit ted infec tion), such as HIV, to another without disclosing one's S TI status; 7. Exposing one's genitals in non- consensual circumstances, or inducing another to expose his or her genitals; 8. Possessing , distributing , viewing or forcing others to view obscenit y. F. Dating Violence 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: 1. the leng th of the relationship; 2. the t ype of relationship; 3. the frequenc y of interac tion bet ween the persons involved in the relationship. G. Stalking 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. H. Consenting to Sexual Activity Consent is clear, knowing, and voluntary; it is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in sexual activity. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent in 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. When people make clear to you that they do not want sex, 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. In order to give effective consent, one must be age 18 or older. If you have sexual activity with someone you know to be – or should know to be – mentally or physically incapacitated, you are in violation of this Policy. Incapacitation is a state where one cannot make a rational, reasonable decision because one lacks the ability to understand the who, what, where, why or how of that person's sexual interaction. II. Definitions Alleged Victim The person who is the victim of any alleged Sexual Harassment or Discrimination in violation of this Policy. Complainant A person who has experienced or witnessed, or otherwise knows of Sexual Harassment or Discrimination in violation of this Policy and files a Formal Complaint pursuant to this Policy. Respondent The person who is alleged to have engaged in Sexual Harassment or Discrimination prohibited under this Policy. Title IX Coordinator The Vice President of Student Affairs serves as each respective college's Title IX Coordinator. The Title IX Coordinator is the individual responsible for providing education and training about Discrimination and Sexual Harassment to the college community and for receiving and investigating allegations of Discrimination and Sexual Harassment in accordance with this Policy. The Title IX Coordinator is authorized to designate other appropriately trained individuals to investigate Discrimination and Sexual Harassment Complaints and reports as deemed appropriate. The contact information for the Title IX Coordinator at each college may be found at https://district.maricopa.edu/consumer- information/title-ix/title-ix-coordinators. III. Reporting Discrimination A. Bystander No student or employee should assume that an official of the college knows about a particular situation. The college encourages any student who feels he or she has been discriminated against or harassed in violation of this Policy to promptly report the incident to the Title IX Coordinator. Any student who knows of Discrimination or Sexual Harassment prohibited under this Policy that is experienced by another student should report that information to the Title IX Coordinator. Before a student reveals information, college employees will try to ensure that the student understands the employee's obligations and, if the student wishes to maintain confidentiality,