|
As part of its commitment to providing an educational environment free from discrimination, Delgado Community College complies with Title IX of the Education Amendments, which prohibits discrimination and harassment based upon sex in an institution’s education programs and activities. Title IX prohibits sexual harassment, including sexual violence, of students at Delgado Community College sponsored activities and programs whether occurring on-campus or off-campus. Title IX also protects third-parties, such as visiting student athletes, from sexual harassment or violence in Delgado Community College’s programs and activities and protects employees from sexual harassment and discrimination. Prohibited harassment includes acts of verbal, nonverbal or physical aggression, intimidation or hostility based on sex, even if those acts do not involve conduct of a sexual nature; sex-based harassment by those of the same sex; and discriminatory sex stereotyping. Delgado Community College will take prompt action to investigate and resolve reports of sexual harassment or sexual violence in accordance with Title IX.
Delgado Community College
Traci B. Smothers, Title IX Coordinator
615 City Park Avenue
O’Keefe Administration Building, Pod D-04A
New Orleans, Louisiana 70119
Phone: (504) 762-3004
Email: tsmoth@dcc.edu
OR
U.S. Department of Education
Office of Civil Rights
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100
Phone: (800) 421-3481
Fax (202) 453-6012; TDD (800) 877-8339
Email: OCR@ed.gov
Retaliation against any person who initiates an inquiry or complaint or participates in the investigation of a complaint is prohibited. Such conduct will be further cause for disciplinary action. Any person who has been impacted by sexual violence (sexual assault, domestic violence, dating violence, stalking) or gender-based misconduct is encouraged to report and seek appropriate resources on the Delgado website at Supportive Anti-Violence Resources or contact the College’s Title IX Coordinator listed above.
In accordance with Louisiana Community and Technical College System (LCTCS) Interim Policy, Equal Opportunity, Harassment, and Discrimination 8/14/2020, Delgado Community College is committed to creating and maintaining an environment in which sexual violence against men and women is not tolerated. Intervening in such instances helps to foster a safe environment for all, while sending a message that this kind of behavior will not be tolerated and is unacceptable in our community. The following definitions apply:
Sexual Misconduct is a sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the consent of the other person(s), or that occurs when the person(s) is unable to give consent or whose consent is coerced or obtained in a fraudulent manner. For the purpose of this Policy, sexual misconduct includes, but is not limited to, sexual assault, sexual abuse, violence of a sexual nature, sexual harassment, non-consensual sexual intercourse, sexual exploitation, video voyeurism, contact of a sexual nature with an object, or the obtaining, posting or disclosure of intimate descriptions, photos, or videos without the express consent of the persons depicted therein, as well as dating violence, domestic violence and stalking.
Sexual Assault as defined by the Clery Act: 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 (UCR) program.
Sexual Assault as defined by Louisiana State Law:
- Non-Consensual Sexual Intercourse: Having or attempting to have sexual intercourse, cunnilingus, or fellatio without consent. Sexual intercourse is defined as anal or vaginal penetration by a penis, tongue, finger, or inanimate object.
- Non-Consensual Sexual Contact: Any intentional sexual touching, or attempted sexual touching, without consent.
Sexual Exploitation: An act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person’s sexuality. Examples of sexual exploitation include, but are not limited to, non-consensual observation of individuals who are undressed or engaging in sexual acts, non-consensual audio- or videotaping of sexual activity, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmitted infection without that individual’s knowledge.
Stalking as defined by Clery Act: Intentional and repeated following or harassing that would cause a reasonable person to feel alarmed or that would cause a reasonable person to suffer emotional distress or intentional and repeated uninvited presence at another person’s: home, work place, school, or any other place which would cause a reasonable person to be alarmed or would cause a reasonable person to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping or any other statutory criminal act to the victim or any member of the victim’s family or any person with whom the victim is acquainted. 34 CFR 668.46(a)(ii).
Stalking as defined by Louisiana State Law: Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person’s home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted. La. RS § 14:40.2(A) “Harassing” means the repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to making telephone calls, transmitting electronic mail, sending messages via a third party, or sending letters or pictures. “Pattern of conduct” means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct. La. R.S. § 14:40.2(C)
Domestic Violence definition in Clery Act: Violence, including but not limited to sexual or physical abuse or the threat of such abuse, committed by a current or former spouse or intimate partner or any other person from whom the alleged victim is protected under federal or Louisiana law. Felony or misdemeanor crime 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 in which the crime of violence occurred; 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 in which the crime of violence occurred
Family Violence definition in Louisiana State Law: means any assault, battery, or other physical abuse which occurs between family or household members, who reside together or who formerly resided together. La. R.S. § 46.2121.1(2)
Domestic Abuse definition in Louisiana State Law: Includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family or household member against another. La. R.S. 46:2132(3)
Dating Violence definition in Clery Act: Violence, including but not limited to sexual or physical abuse or the threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. The existence of such a relationship will be determined based on a consideration of the length and type of relationship and the frequency of interaction.
Dating Violence definition in Louisiana State Law: “Dating violence” includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other. La. R.S. §46.2151(C) For purposes of this Section, “dating partner” means any 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.
- The frequency of interaction between the persons involved in the relationship.
Sexual Harassment: Unwelcome conduct of a sexual nature when i) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or education; ii) submission to or rejection of such conduct by a person is used as the basis for a decision affecting that person’s employment or education; or iii) such conduct has the purpose or effect of unreasonably interfering with a person’s employment or education, or creating an intimidating, hostile, or offensive employment or educational environment, and has no legitimate relationship to the subject matter of a course or academic research. Sexual harassment also includes non-sexual harassment or discrimination of a person because of the person’s sex and/or gender, including harassment based on the person’s nonconformity with gender stereotypes. For purposes of this Policy, the various forms of prohibited sexual harassment are referred to as “sexual misconduct.”
Retaliation: Acts or attempted acts for the purpose of interfering with any report, investigation, or proceeding under this Policy, or as retribution or revenge against anyone who has reported Sexual Misconduct or Relationship Violence or who has participated (or is expected to participate) in any manner in an investigation, or proceeding under this Policy. Prohibited retaliatory acts include, but are not limited to, intimidation, threats, coercion, or discrimination. Title IX prohibits Retaliation. For purposes of this Policy, an attempt requires a substantial step towards committing a violation.
Consent: Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Silence alone, without actions evidencing permission, does not demonstrate consent. Consent must be knowing and voluntary. To give consent, a person must be of legal age. Assent does not constitute consent if obtained through coercion or from an individual whom the Alleged Offender knows or reasonably should know is incapacitated. The responsibility of obtaining consent rests with the person initiating sexual activity. Use of alcohol or drugs does not diminish one’s responsibility to obtain consent. Consent to engage in sexual activity may be withdrawn by any person at any time. Once withdrawal of consent has been expressed, the sexual activity must cease. Consent is automatically withdrawn by a person who is no longer capable of giving consent. A current or previous consensual dating or sexual relationship between the persons involved does not itself imply consent or preclude a finding of responsibility.
Incapacitation: An individual is considered to be incapacitated if, by reason of mental or physical condition, the individual is manifestly unable to make a knowing and deliberate choice to engage in sexual activity. Being drunk or intoxicated can lead to Incapacitation; however, someone who is drunk or intoxicated is not necessarily incapacitated, as incapacitation is a state beyond drunkenness or intoxication. Individuals who are asleep, unresponsive or unconscious are incapacitated. Other indicators that an individual may be incapacitated include, but are not limited to, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to perform other physical or cognitive 5 tasks without assistance.
Coercion: is the use of express or implied threats, intimidation, or physical force which places an individual in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion also includes administering a drug, intoxicant, or similar substance with the intent to impair that person’s ability to consent prior to engaging in sexual activity.
Responsible Employee: Each institution must designate and publish the names and contact information for easily accessible institution employees as responsible employees who have the authority to take action to redress sexual violence and have been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee. However, an institutional decision to make all institution employees mandatory reporters of suspected or known sexual harassment or sexual misconduct to the Title IX Coordinator or other appropriate school designee does not render all institutional employees to be responsible employees. Employees who are authorized or required by law to keep information confidential by virtue of the employee’s professional role such as counseling staff or similar shall not be designated as mandated reporters of sexual harassment or as responsible employees.
Sexually-Oriented Criminal Offense: Any sexual assault offense as defined in: La. R.S. 44:51 and any sexual abuse offense as defined in La. R.S. 14:403.
Complainant: An individual whose report of sexual misconduct has not yet been investigated and validated.
Victim: An individual who, after all due investigation and/or adjudication, has been found to be the target of sexual misconduct.
Respondent: An individual against whom a sexual misconduct complaint is brought, which has not yet been validated through investigation and/or adjudication.
Perpetrator: An individual found guilty of sexual misconduct.
Confidential Advisor: The confidential advisor primarily serves to aid a student involved in a sexual misconduct complaint in the resolution process as a confidential resource. As suggested by the term “confidential advisor,” confidential communications with the advisor will be kept confidential in all circumstances except where the institution or advisor may be required to disclose the communications under state and federal laws. For example, an institution may be compelled by law to disclose communications between the student and their confidential advisor if directed by the court in civil litigation. Each institution shall designate individuals who shall serve as confidential advisors.
Delgado Community College is committed to providing a learning and working environment free of sexual discrimination and sexual misconduct. Sexual discrimination and sexual misconduct violate an individual’s fundamental rights and personal dignity. Delgado Community College consider sexual misconduct and sexual discrimination in any form to be a serious offense. Anyone who believes there has been an act of discrimination on the basis of sex against any person or group in a program or activity that receives federal financial assistance may file a complaint with the U.S. Department of Education, Office for Civil Rights, under Title IX legislation. The person or organization filing the complaint need not be a victim of the alleged discrimination but may be affected by a general “hostile sexual environment” or may complain on behalf of another person or group.
A complaint can be filed one of three ways:
- Contact Delgado’s Title IX Coordinator, Traci B. Smothers, at (504) 762-3004 or tsmoth@dcc.edu.
- Log onto the College’s Referral Reporting System.
- Contact the Office of Civil Rights Enforcement Office that serves the state in which the alleged discrimination occurred.
Dallas Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, Texas 75201-6810
Telephone: (214) 661-9600
FAX: (214) 661-9587; TDD: 800-877-8339
Email: ocr.dallas@ed.gov
The complaint may, but is not required to be, provided in writing, and may include:
- The name, organization, department, and position of the person or persons allegedly violating this policy;
- A description of the incident(s), including the date(s), location(s), and the presence of any witness(es);
- If the complainant is an employee, the alleged effect of the incident(s) on the complainant’s position, salary, benefits, promotional opportunities, or other terms of conditions of employment;
- The name(s) of other student(s) or employee(s) who might have been subject to the same or similar conduct; and/or
- Any other information the complainant believes to be relevant to the alleged sexual misconduct, discrimination, harassment, or retaliation.
While all sexual discrimination and sexual misconduct complaints must be filed with the Title IX Coordinator, student-involved complaints will use the student judicial process for disciplinary measures, as applicable. Employee-involved complaints will use Human Resources processes to determine the appropriate disciplinary action, or recommendation for disciplinary action, up to and including dismissal, in accordance with applicable laws, rules, and/or applicable Delgado Community College and Louisiana Community and Technical College System (LCTCS) policies. See Louisiana Community and Technical College System (LCTCS) Interim Policy, Equal Opportunity, Harassment, and Discrimination 8/14/2020.
Under Title IX, if an individual chooses to report sexual assault or harassment, the person to whom the complaint is reported may be required to submit a form, which is used to compute campus crime statistics as mandated by the Clery Act. The form asks for information such as what kind of offense occurred and whether it happened on College property. The individual who chooses to report does not have to provide any details beyond those with which they are comfortable sharing and has no obligation to give the alleged perpetrator’s name. Individuals may or may not be able to report anonymously, depending on the person to whom the complaint is reported, but in no case will the name of the person who reported appear in the College’s public crime statistics. The person who reported the complaint has the right to access the incident report in the future, which may involve getting a case number for reference.
Delgado Community College defines a responsible employee as those employees with the authority to take action and redress sexual violence, and have been given the duty of reporting incidents of sexual misconduct by students and employees to the Title IX Coordinator.
All Delgado Community College employees are designated as responsible employees, with the exception of those employees who are authorized or required by law to keep information confidential by virtue of their role. Responsible employees have a duty to report incidents of sexual violence or misconduct to the College’s Title IX Coordinator or other designated College official.
Title IX requires reporting from “responsible employees,” which include:
- Those with authority to address and remedy sex and gender-based discrimination and harassment; and/or
- Those with responsibility to report sexual misconduct to supervisor, Title IX Coordinator, or other designated College official; and/or
- Those who a student would reasonably believe have such authority or obligation; and/or
- All supervisors of other employees
Title IX does not consider the following as responsible employees because they are authorized or required by law to keep information confidential by virtue of their role:
- Confidential Advisors
- Health Personnel
- Clergy/Pastoral Counselors
- Licensed Mental Health Counselors
Accordingly, individuals working in the above described capacities at the College are not designated as responsible employees.
In support of Delgado Community College’s commitment to maintaining an environment in which sexual violence is not tolerated, referral information to available community resources is included as part of the College’s Title IX Program. Individuals seeking anti-violence referral information are encouraged to contact the community resources available on the Delgado website at Supportive Anti-Violence Resources.
< Back to General Policies and Procedures
|
