Sexual Harassment: For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:
Note that conduct that does not meet one or more of these criteria may still be prohibited under the Monroe Community College Student Code of Conduct and NYS 129B Sexual Misconduct Policy and Sexual Harassment Response and Prevention Policy.
Consent: For the purposes of this Title IX Grievance Policy, “affirmative consent” is the
same as the definition set forth in the Monroe Community College Student Code of Conduct
and NYS 129B Sexual Misconduct Policy:
A knowing, voluntary, and mutual decision among all participants to engage in sexual
activity. Consent can be given by words or actions, as long as those words or actions
create clear permission regarding willingness to engage in the sexual activity. Silence
or lack of resistance, in and of itself, does not demonstrate consent. The definition
of consent does not vary based upon a participant’s sex, sexual orientation, gender
identity, or gender expression.
Education Program or Activity: For the purposes of this Title IX Grievance Policy, Monroe Community College’s “education program or activity” includes:
Formal Complaint: For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within Monroe Community College’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.
Complainant: For the purposes of this Title IX Grievance Policy, “Complainant” means any individual who has reported being, or is alleged to be, the victim of conduct that could constitute covered sexual harassment as defined under this policy.
Respondent: For the purposes of this Title IX Grievance policy, “Respondent” means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.
Parties: For the purposes of this Title IX Grievance process, “Parties” means the complainant and the respondent.
Business Day: A “business day” means a day other than Saturday, Sunday, and New York State and federal holidays.
Relevant evidence and questions: “Relevant” evidence and questions refer to any questions and evidence that tends
to make an allegation of sexual harassment more or less likely to be true.
“Relevant” evidence and questions do not include the following types of evidence and
questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:
Respondent: A person accused of a violation who has not yet entered an Institution's judicial or conduct process.
Advisor: One individual who may attend any meetings requested of the parties during the investigation and adjudication processes. During the investigation and adjudication processes, the role of an advisor is to advise and assist, not to speak on a party's behalf.
Affirmative Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.
Business Day: A "business day" means a day other than Saturday, Sunday, and New York State and federal holidays.
Bystander: A person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.
Calendar Day: A "calendar day" means each day of the week, regardless of whether the college is open or closed.
Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal statute that requires colleges and universities that participate in federal financial aid programs to keep and disclose statistics about crime on or near their campuses.
Complainant: An individual who reported to the Title IX Coordinator or another individual to whom notice resulted in the school’s actual knowledge, who is alleged to having been the victim of sexually harassing conduct or an individual on whose behalf the school’s Title IX Coordinator filed is investigating sexual misconduct.
Confidentiality: May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with State and Federal law. Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.
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. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.
Domestic violence: A felony or misdemeanor crime of violence committed:
Incapacitation: Physical and/or mental inability to make informed, rational judgments and decisions. Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. In evaluating whether a person was incapacitated for purposes of evaluating affirmative consent, the College considers two questions:
Incapacitation is a state beyond drunkenness or intoxication. A person is not incapacitated merely because they have been drinking or using drugs. The standard for incapacitation does not turn on technical or medical definitions, but instead focuses on whether a person has the physical and/or mental ability to make informed, rational judgments and decisions. A person who initiates sexual activity must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. Although every individual may manifest signs of incapacitation differently, typical signs may include: slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, and/or incontinence. Additionally, a person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?”, “Do you know how you got here?”, “Do you know what is happening?”, “Do you know whom you are with?”
Privacy: May be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a Reporting Individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate Institution officials.
Public Exposure: Deliberately and publicly exposing one’s intimate body parts, and public sex acts.
Respondent: A person accused of a violation who has entered an Institution's judicial or conduct process.
Retaliation: Adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.
SaVE Act: The Campus Sexual Violence Elimination Act (the Campus SaVE Act) refers to the Violence Against Women Act (VAWA) amendments to the Clery Act. The Campus SaVE Act is an update to the Clery Act, expanding the scope of this legislation in terms of reporting, response, and prevention education requirements around rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking.
Sexual act: The term “sexual act” means:
Sexual assault: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Specifically:
Sexual contact: The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Sex discrimination: Includes all forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing other students and/or employees whether or not the harassment occurs on MCC campuses and whether or not the incidents occur during working hours. All acts of sex discrimination including sexual harassment, sexual assault, and other sexual violence, are prohibited by Title IX.
Sexual harassment: Unwelcome verbal or physical conduct that may or may not be sexual in nature. It is sufficiently persistent or pervasive in that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities. It is based on power differentials (“quid pro quo” harassment) or the creation of a hostile environment.
Examples of sexual harassment may include:
Stalking: Intentionally engaging in a course of conduct (two or more acts), directed at a specific person - including but not limited to: acts in which the stalker directly, indirectly or through third parties by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a persons' property - when such conduct is likely to cause a reasonable person to fear for their safety or the safety of others or causes that person to suffer substantial emotional damage.
Title IX: Part of the Educational Amendments of 1972, Title IX states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.” For additional information regarding Title IX, please see the Title IX Grievance Procedure.
Title IX Coordinator: The Title IX Coordinator and/or their designee or designees.
Violence Against Women Act (VAWA): VAWA requires colleges and universities to:
Shannon Glasgow
Title IX Coordinator
Inclusion, Diversity, Equity & Accountability
Peter A. Spina Administration Building
Building 1, Room 300D
(585) 292-2108
sglasgow@monroecc.edu