Overview and Purpose of Sexual Misconduct Policy
Board Policy (BP) 3-120 and BP 4-120 provides that employees and students shall not be subjected to unlawful discrimination and/or harassment on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation in employment conditions or educational programs or activities.
Sexual misconduct: defined, includes a broad range of behavior such as:
Sexual misconduct may be a crime. Sexual misconduct by anyone is unacceptable and will be addressed in a timely fashion and with serious consequences by PCC.
This policy and procedure are PCC’s grievance procedure required by Title IX. This policy and procedure are designed to provide students charged with sexual misconduct with due process while ensuring a reporting party’s protections under Title IX and providing prompt and equitable resolution of charges. This policy and procedure also applies for Title VII in relation to employment.
When the accused party (respondent) to a discrimination and/or harassment complaint is a student, an Administrator/Professional Technical employee(s), Faculty and Adjunct Instructor(s), classified employee(s) (PCC employees), authorized volunteer(s), guest(s) or visitor(s) within Pueblo Community College (PCC) these procedures will apply.
Sexual Misconduct or Harassment includes, but is not limited to:
While a particular interaction must be offensive to both a reasonable person and to the complainant to be defined as harassment, PCC employees and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions. Harassment is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the institution.
It is the policy of the State Board for Community Colleges and Occupational Education that none of its employees or its Board members shall engage in any activity or relationship that places them in a conflict of interest between their official activities and any other interest or obligation. Conflict of interest requires all employees to disqualify themselves from participating in a decision when a personal interest is present; therefore, SP 3-70a, Relationships, requires all employees involved in an amorous relationship to excuse themselves from any authority or evaluative role with respect to the other person. Please refer to SP 3-70a for more information and disclosure requirements.
Reporting an Incident of Sexual Misconduct
Anyone can request advice and information about possible ways to proceed and to put the college on notice. PCC shall investigate complaints pursuant to SP 3-50b and SP 4-31a, Civil Rights Grievance and Investigation Process for Employees and Students.
Reporting a Complaint
PCC can only respond to allegations of misconduct if it is aware of the misconduct. Further, PCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee, student, authorized volunteer, guest or visitor who believes he or she has been subjected to sexual misconduct, or believes someone else who is a part of the PCC community is being subjected to sexual misconduct, shall contact the Title IX Coordinator when the alleged victim and/or respondent is a student, employee(s), authorized volunteer, guest(s) or visitor(s). Complete the online complaint form:
It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident of sexual misconduct, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct.
Risk Reduction Tips
Risk reduction tips can often take a complainant-blaming tone, even unintentionally. With no intention to complainant-blame, and with recognition that only those who commit sexual violence are responsible for those actions, these suggestions may nevertheless help you to reduce risk in experiencing a non-consensual sexual act.
Below, suggestions to avoid committing a non-consensual sexual act are also offered:
Title IX Myths
Myth: Title IX requires that male athletic opportunities be decreased to provide opportunities for female programs.
Title IX is designed to create parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require schools to cut men’s athletic programs. Each school determines how it will comply with Title IX regulations.
Myth: Title IX applies only to discrimination against women.
While Title IX has been used mostly by women seeking to protect their rights, Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.
Myth: Gender bias in science, medicine, and engineering is not prohibited by Title IX.
The under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines resources, support, and promotional opportunities comparable to their male colleagues.
Myth: Advocates for victims of Title IX who file complaints of discrimination for others are not protected from retaliation under Title IX.
The U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court is of the opinion that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.