Haywood Community College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the College community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to College policy, the College prohibits discrimination in its educational programs and activities based on sex.
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Under Title IX, discrimination on the basis of sex includes quid pro quo harassment, sexual harassment, and sexual assault, stalking, dating or domestic violence (collectively referred to as "sexual harassment"). The College's Title IX Coordinator has oversight responsibility for handling sexual harassment complaints and for identifying and addressing any patterns and/or systemic problems involving sexual discrimination or harassment.
All allegations involving sexual harassment should be directed to the College's Title IX Coordinator, Dr. Michael Coleman, and addressed under procedure 22.214.171.124/126.96.36.199. For other complaints of discrimination and harassment not related to sexual harassment, refer to Discrimination and Harassment Procedure 188.8.131.52/184.108.40.206.
quid pro quo harassment; unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College's education program or activity, including conduct based on sex stereotyping; or any instance of sexual assault, dating violence, domestic violence, or stalking.
Quid pro quo harassment is a person having power or authority over another and conditioning an educational or employment benefit or service or access to receiving the educational or employment benefit or service upon a person's participation in unwelcome sexual conduct.
Reporting to Local Law Enforcement
Individuals may report sexual harassment directly to local law enforcement agencies by dialing 911. Individuals who make a criminal allegation may also choose to pursue the College's grievance procedure simultaneously. A criminal investigation into the matter does not release the College from its obligation to conduct its own investigation (nor is a criminal investigation determinative of whether sexual harassment has occurred). However, the College's investigation may be delayed temporarily while the criminal investigators are gathering evidence. In the event of such a delay, the College must make available supportive measures when necessary to protect the alleged Complainant and/or the College community.
Individuals may choose not to report alleged sexual harassment to law enforcement authorities. The College respects and supports individuals' decisions regarding reporting; nevertheless, the College may notify appropriate law enforcement authorities if legally required or warranted by the nature of the allegations.
The College community encourages the reporting of misconduct and crimes. Sometimes, complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear they themselves may be accused of various policy violations. It is in the best interest of this College that as many complainants as possible choose to report to College officials and that witnesses come forward to share what they know. To encourage reporting, the College offers sexual harassment complainants and witnesses amnesty from minor policy violations.
Protection Against Retaliation
The College will not in any way retaliate against an individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.
Retaliation is a violation of College policy regardless of whether the underlying allegations are ultimately found to have merit. Reports of retaliation are treated separately from reports or complaints of sexual harassment.
The Title Ⅸ Administrator ensures that the report is addressed through the identified resolution procedures and policies, and that the incident is resolved in a timely, fair, and impartial manner. Reports are examined based on the policies and procedures of the College where compliance with Title Ⅸ is of the utmost importance.
All new students and all employees shall be required to participate in a primary prevention and awareness program that promotes awareness of sexual harassment. This program will be held annually at the beginning of each fall semester.
At this annual training, students and employees must receive training in the following areas:
- A. Information about safe and positive options for bystander intervention skills;
- B. What "consent" means with reference to sexual activities;
- C. Risk reduction programs so students recognize and can avoid abusive behaviors or potential attacks;
- D. How and to whom to report an incident regarding discrimination, harassment, and sex-based violence;
- E. The importance of preserving physical evidence in a sex-based violent crime; and
- F. Options about the involvement of law enforcement and campus authorities, including the alleged victim's option to: i) notify law enforcement; ii) be assisted by campus authorities in notifying law enforcement; iii) decline to notify law enforcement; and iv) obtain "no-contact" or restraining orders.
Each year, all students and employees will receive an electronic copy of these Procedures sent to their College email address of record. These Procedures will be maintained online on the College's website, and a hard copy will be kept on file (in English and Spanish) in the Title IX Coordinator's office. Other translations will be made available upon request.
We created a course in Moodle for students and employees to test their Title IX knowledge. This course can be taken at their convenience. Questions about the course and Title IX as it relates to students can be answered by Dr. Michael Coleman, Vice President of Student Services at 828-565-4220 (firstname.lastname@example.org).
You may take the course as many times as you wish. There is no passing score. The important thing is to learn the information and resources available to students.
The student course can be found at: http://moodle2.haywood.edu/course/view.php?id=2639
Approved August 14, 2020