FCC Academic Catalog 2016-2017

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2016/2017 fcc catalog
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The Title IX Coordinator is responsible for the
development of the Training/ Education/
Prevention plan (in coordination with other College
offices) and oversight of education, training, and
prevention programs on Title IX sexual misconduct
for employees, including safety and security staff.
IV. Confidentiality
The College recognizes the importance of
confidentiality. All reasonable efforts will be
made to ensure the confidentiality of information
received to protect the complainant, respondent,
and the College community.
If a person requests that his/her name not be
disclosed or that the College not investigate or take
action related to a report of sexual misconduct, the
Title IX Coordinator will determine whether or not
such a request can be honored while still providing
a safe and nondiscriminatory environment for all
students, faculty, and staff.
Confidentiality does not apply to minors (under the
age of 18). State mandatory reporting laws require
responsible employees to report child neglect
and abuse that is suspected, observed, or in some
cases, learned about through a third party, to the
local department of social services or to a local law
enforcement agency.
V. Reporting
All members of the College community must
promptly report sexual misconduct in order to
maximize the College’s ability to obtain evidence,
identify potential witnesses and conduct a
thorough, prompt, and impartial investigation. A
delay in reporting may result in the loss of relevant
evidence and witness testimony, impairing the
College’s ability to respond and take appropriate
action.
Any person who believes that they have been a
victim of sexual misconduct or any person who
has observed or learned about an incident of
sexual misconduct should report the incident
immediately to the Title IX Coordinator or any
responsible employee of the College and also to
law enforcement, if appropriate. Victims of sexual
assault have the right to file criminal charges
with the appropriate law enforcement official.
Responsible employees are required to promptly
notify the Title IX Coordinator of any reports of
sexual misconduct brought to their attention. The
Title IX Coordinator works collaboratively with the
reporting party and any other College staff needed
in responding to the alleged victim, making every
effort to operate with discretion and maintain the
privacy of the individuals involved.
Reports of sexual misconduct in violation of
this Policy may require immediate protective
measures to protect the safety and well-being
of the parties and/or the College community
pending the outcome of the investigative and
adjudicative processes. The College will respond
with all necessary measures to ensure the safety
and security of all persons involved in any report of
sexual misconduct.
The College will be as thorough as possible in
the assessment and investigation of anonymous
reports.
Any student who reports to the College or a law
enforcement officer an incident of sexual assault,
and/or participates in good faith in an investigation
of a sexual assault as a witness of a sexual assault
will not be subject to the College alcohol or
drug use policy if the College determines that
the violation occurred during or near the time
of the alleged sexual assault; and if the College
determines that the alcohol or drug violation was
not an act that was reasonably likely to place the
health or safety of another individual at risk.
Individuals who engage in retaliatory behavior
against a reporting party or party participating in
an investigation are in violation of this Policy and
will be subject to appropriate disciplinary action.
Individuals who believe they have experienced
retaliation in violation of this Policy should
immediately report such conduct to the Title IX
Coordinator.
The College condemns the deliberate filing of
false reports of sexual misconduct. If a person is
found to have deliberately filed a false accusation,
he/she will be subject to disciplinary measures
in accordance with prescribed policies and
procedures governing student or employee
behavior. A report of sexual misconduct that
is made in good faith, but is found to not be
supported by the preponderance of the evidence,
will not be considered a false report.
VI. Response
Upon notification and awareness of allegations of
sexual misconduct, the College will take immediate
safety and security measures and appropriate
action to assess, and/or investigate what occurred.
This obligation applies to sexual misconduct
covered by this Policy regardless of whether a
parallel law enforcement investigation or action is
pending. The standard of evidence which shall be
used by the College to adjudicate all charges of
sexual misconduct shall be the preponderance of
the evidence.
The College has established procedures for the
immediate assessment and/or investigation of
all Title IX sexual misconduct complaints and for
steps to take following any instances of sexual
misconduct. Procedures are under Sections IX and
X of this document.
As permitted by law, the College will notify the
parties concurrently in writing about the outcome
of the assessment or investigation and whether or
not sexual misconduct was found to have occurred.
When the Title IX Sexual Misconduct Policy is
violated, the College will take prompt and effective
steps to end the sexual misconduct, prevent its
recurrence, and address its effects. In addition to
providing counseling or taking immediate steps to
protect complainants prior to any final investigative
outcomes, effective corrective action may require
remedies and interim measures. Potential remedies
and interim measures may include, but are not
limited to, the alteration of course schedules
(including transfer to another section), permission
to withdraw from and/or retake a class, permission
to attend a class via alternative means (e.g., online
or through independent study), the extension of
assignment deadlines, voluntary leaves of absence,
changes in work schedules, job assignments, and
work locations, prohibited contact, and providing
academic support services. When taking such
action, the College will seek to minimize the
burden on the complainant. Remedies for the
broader student population extend beyond
training, education, and prevention efforts already
provided to include, but would not be limited to:
designation of a member of the counseling staff to
“be on call” to assist victims, and “climate checks.”
VII. Sanctions
Employees and students found in violation of this
Policy are subject to disciplinary action ranging
from a disciplinary warning up to and including
termination of employment or expulsion.
Persons who commit sexual misconduct in
violation of federal, state, or local law may also be
subject to criminal charges and penalties.
Outcomes of an investigation and resulting
sanctions may be appealed in accordance with
College established Title IX sexual misconduct
procedures or other applicable College appeal
procedures.
VIII. Resources Available
Students or others who are not sure whether they
want to make a report should still seek help from
the resources listed. These resources are provided
to offer non judgmental support and information.
Title IX Sexual Misconduct
Campus and Community Resources
In Case of an Emergency on Campus
Risk Management and Public Safety
301-846-2674
Confidential Resources to talk with about
Sexual Assault
Frederick County Hotline A service of the Mental
Health Association of Frederick County
24/7 Information and Referral for Crisis Intervention
Call 211 or 866-411-6803
Nearest hospitals equipped with the Department of
State Police Sexual Assault Evidence Collection Kit
Frederick Memorial Hospital
240-566-3300
Carroll Hospital
410-848-3000