FCC Academic Catalog 2016-2017

194 / 232

2016/2017 fcc catalog
188 • 301.846.2400
Responsible employee includes all College
trustees, administrators, supervisors, faculty,
adjunct faculty, support staff, campus security,
coaches, or trainers who have the authority or duty
to report sexual misconduct, or whom a student
could reasonably believe has such authority or
duty.
College Support Person means an employee
of the College chosen to accompany and assist
a complainant or respondent during a Title IX
Council appeal hearing. Both the complainant and
respondent are entitled to have a College Support
Person of their choice. The College Support Person
cannot be a fact witness or provide statements
in the proceedings. The College Support Person
is a non-participant who is present to assist a
complainant or respondent by taking notes or
providing emotional support and reassurance.
College community includes trustees, students
and all employees of the College as well as any
independent contractors or other third parties
to the extent articulated under contractual
agreements.
Sexual misconduct is a broad term used to
define acts of sexual assault; sexual exploitation;
sexual harassment; intimidation; stalking; dating,
domestic, or intimate partner violence; or
retaliation.
• Sexual assault is a form of sexual violence
toward another individual without their
consent. Maryland criminalizes both
rape and “sexual offenses”, which some
states call sexual assault. Rape has two
degrees or levels of offenses, while sexual
offenses are divided into four degrees of
offensive sexual activity. In general, criminal
penalties in Maryland vary by degree
based on “aggravating” factors (showing
maliciousness and increasing guilt and
punishment). Some of the aggravating
factors are using force or violence,
displaying weapons to a victim, or if the
victim is particularly young or elderly.
• Sexual exploitation is defined as taking
non-consensual or abusive sexual
advantage of another person without
consent. Sexual exploitation can include
(but is not limited to) sexual voyeurism
(watching someone), taking photos and
audio or videotaping someone.
• Sexual harassment means: (a) unwelcome
sexual advances; (b) unwelcome requests
for sexual favors; or (c) other behavior of a
sexual or gender-based nature where: (i)
submission to such conduct is made either
explicitly or implicitly a term or condition of
an individual’s employment, evaluation of
academic work, or participation in a college-
sponsored educational program or activity;
(ii) submission to or rejection of such conduct
by an individual is used as the basis for an
academic, employment, or activity or program
participation decision affecting that individual;
or (iii) such conduct has the purpose or effect
of unreasonably interfering with an individual’s
academic or work performance, i.e., it is
sufficiently severe or pervasive to create an
intimidating, hostile, humiliating, demeaning
or sexually offensive working, academic, or
social environment.
• Sexual intimidation means threatening
behavior of a sexual nature directed at another
person, such as threatening to sexually assault
another person or engaging in indecent
exposure.
• Stalking means repeated, unwanted attention;
physical, verbal, or electronic contact; or
any other course of conduct directed at an
individual that is sufficiently serious to cause
physical, emotional, or psychological fear or
to create a hostile, intimidating, or abusive
environment for a reasonable person in similar
circumstances and with similar identities.
Stalking may involve individuals who are
known to one another or who have a current or
previous relationship or may involve individuals
who are strangers.
• Dating, domestic, or intimate partner
violence is the willful intimidation, physical
assault, battery, sexual assault, and/or other
abusive behavior against another person.
• Retaliation means intimidating, threatening,
coercing, or discriminating against an individual
for the purpose of interfering with any right
or privilege secured by law or College policy
relating to sexual misconduct, or because an
individual has made a report, filed a complaint,
testified, assisted, or participated in any manner
in an investigation or proceeding related
to sexual misconduct. Retaliation includes
retaliatory harassment.
Coercion includes conduct, intimidation, and
express or implied threats of physical or emotional
harm, that would reasonably place an individual
in fear of immediate or future harm and that is
employed to persuade or compel someone to
engage in sexual contact. Examples of coercion
include causing the deliberate incapacitation of
another person; conditioning an academic benefit
or employment advantage on submission to the
sexual contact; threatening to harm oneself if the
other party does not engage in sexual contact;
or threatening to disclose an individual’s sexual
orientation, gender identity, gender expression, or
other personal sensitive information if the other
party does not engage in the sexual contact.
Consent means a knowing, voluntary and
affirmatively communicated willingness to
participate in a particular sexual activity or
behavior. Only a person who has the ability and
capacity to exercise free will and make a rational,
reasonable judgment can give consent. Consent
may be expressed either by words and/or actions,
as long as those words and/or actions create a
mutually understandable agreement to engage
in specific sexual activity. It is the responsibility
of the person who wants to engage in sexual
activity to ensure that he/she has consent from the
other party, and that the other party is capable of
providing consent.
• Lack of protest or resistance is not consent.
Silence, in and of itself, cannot be interpreted
as consent. For that reason, relying solely
on non-verbal communication can lead to
misunderstanding.
• Previous relationships, including past sexual
relationships, do not imply consent to future
sexual acts.
• Consent to one form of sexual activity does not
automatically imply consent to other forms of
sexual activity.
• Consent must be present throughout sexual
activity and may be withdrawn at any time.
If there is confusion as to whether there is
consent or whether prior consent has been
withdrawn, it is essential that the participants
stop the activity until the confusion is resolved.
• Consent cannot be obtained by use of physical
force, threats, intimidating behavior, or coercion.
Incapacitated, for the purpose of this Policy,
means that the person’s decision-making ability
is impaired such that they lack the capacity to
understand the “who, what, where, why or how”
of their sexual interaction. Incapacitation may
result from: sleep or unconsciousness, temporary
or permanent mental or physical disability,
involuntary physical restraint, or the influence of
alcohol, drugs, medication, or other substances
used to facilitate sexual misconduct.