4-50: Employee Policy on Sexual Violence, Sexual Misconduct, Relationship Violence, Domestic Violence and Stalking

Policy Overview


Santa Fe Community College (SFCC) is committed to providing a safe and welcoming environment for students, faculty, staff, and the public. SFCC has established this policy to prevent acts of sexual violence and misconduct, as well as other acts of violence on Campus and amongst the Campus community, to facilitate reporting of sexual violence and misconduct as well as other acts of violence, to inform employees of SFCC’s sexual violence and sexual misconduct prevention and awareness programs, to inform employees of SFCC’s investigation and disciplinary procedures for addressing reports of violence and sexual misconduct, to ensure that allegations of violence and sexual misconduct are promptly and thoroughly investigated, and to ensure employees who violate this policy are promptly and appropriately disciplined.

Scope and Applicability


This policy applies to all employees, students, and visitors to the College.  Also see policy 2-28 Student Policy on Sexual Violence, Sexual Misconduct, Relationship Violence, Domestic Violence, and Stalking.

Policy Statement


A. Santa Fe Community College prohibits all acts of violence, including Sexual Violence and Sexual Misconduct. The College is committed to providing intervention and awareness programs for the safety and benefit of its students and employees available through the Vice President of Student Success/Title IX Coordinator’s office and the Office of Human Resources.
B. All violence, including verbal or physical threats, coercion, intimidation and physical assault or abuse, is prohibited. All threats and threatening behavior shall be taken very seriously and investigated promptly.
C. Any individual who engages in threatening or violent behaviors while on College owned or controlled property may be removed and/or banned from SFCC property pending the outcome of an investigation.
D. Any employee who engages in any violent or threatening behavior toward a student, employee, or any other individual on Campus, is subject to discipline under Policy 4-2 Employee Corrective Action and Disciplinary Action Policy, up to and including termination.
E. Individuals who have experienced sexual violence or misconduct are encouraged to report the incident to law enforcement and to seek assistance from any of the Campus Resource Offices or community resources listed below in this policy. A report of sexual violence or misconduct will be taken seriously and addressed in accordance with SFCC policies and procedures. An employee wishing to report such an incident may do so by contacting any of the following offices:

IF YOU ARE EXPERIENCING AN EMERGENCY, CALL 911
If the incident occurred on the SFCC Campus, contact the Campus Safety and Security Department:

·        can be called 24 hours a day/365 days a year

·        if desired, can be reported anonymously

·        (505) 428-1224
Any staff or faculty member who has experienced sexual violence or misconduct and wants help in notifying law enforcement can contact any of following offices listed to the right. ·        Vice President for Student Success/Title IX Coordinator: (505) 428-1409

·        Office of Human Resources: (505) 428-1228

·        Associate Vice President for Academic Affairs: (505) 428-1486

·        Counseling Services: (505) 428-1682 or 428-1839

1. If a student is involved in an incident, the Vice President for Student Success/Title IX Coordinator and the Associate Vice President of Academic Affairs will be notified.
2. Emergency situations should be reported to Campus Safety and Security or the police immediately.

F. Title IX of the Education Amendments of 1972 (Title IX) is a federal civil rights law that prohibits discrimination on the basis of sex (including gender, sex stereotyping, and gender identity) in federally funded education programs and activities. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in employment on the basis of sex (including gender, sex stereotyping, and gender identity). Sexual Harassment, which can include acts of Sexual Violence and Sexual Misconduct, is a form of sex discrimination prohibited by both Title IX and Title VII. This policy, and SFCC Policy 2-28 apply to allegations of Sexual Violence or Sexual Misconduct made by or against a student, or an employee, regardless of where the alleged Sexual Violence or Sexual Misconduct occurred. If the circumstances giving rise to a complaint are related to SFCC’s programs or activities, this policy may apply regardless of the affiliation of those individuals involved in the complaint.

G. Sexual Violence and Sexual Misconduct could be committed by anyone, including a stranger, an acquaintance, a friend, or someone with whom the victim is involved in an intimate or sexual relationship. Individuals who have experienced sexual violence or misconduct are encouraged to report what happened to law enforcement and to seek assistance from any of the Campus Resource Offices or community resources listed above in this policy. The Vice President for Student Success is SFCC’s Title IX Coordinator. As Title IX Coordinator, the Vice President for Student Success oversees institutional compliance with Title IX.

H. This policy includes information for employees on resources available following an act of Sexual Violence or Sexual Misconduct, SFCC responses, education, and prevention programs and possible disciplinary sanctions.

I. Handling of Protective or Restraining Orders: Any member of the College community who obtains a protective or restraining order barring an individual from Campus due to Domestic Violence, Dating Violence, Stalking, and/or Sexual Misconduct, or receives a protective or restraining order which lists College owned or leased property as a protected area shall immediately provide both their supervisor and Campus Safety and Security with a copy of such order. Campus Safety and Security shall determine and initiate any appropriate action that should be taken in response to receipt of the order.

J. False Reports: Any individual who intentionally makes a false report under this Policy shall be subject to disciplinary action, up to and including dismissal or expulsion, and/or legal action.

K. Prevention Programming:

1. It is the policy of SFCC to offer programming each year to prevent domestic violence, dating violence, sexual assault (including stranger and known offender assaults), and stalking. Educational programs are offered to raise awareness for all incoming employees. These programs are conducted during new employee orientation and throughout an employee’s tenure at the College. These programs and others offered throughout the year include strong messages regarding awareness, but also primary prevention that explains and illustrates healthy relationship and dating behavior, as well as awareness of surroundings. Included in the programs are interventions strategies which provide instruction on safety measured during the interventions and encourages employees to be not bystanders but stakeholders in the safety of the community. SFCC employee policies on sexual misconduct are reviewed during New Employee Orientation and are included on the college’s intranet.
2. Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention such as calling for help, using intervention-based smart phone apps, identifying allies, and/or creating distractions. Bystander empowerment training highlights the need for those who intervene to insure their own safety in the intervention techniques they choose, and motivates them to intervene as stakeholders in the safety of the community when others might choose to be bystanders.
3. Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks, and do so without victim-blaming approaches. Throughout the year, ongoing awareness and prevention campaigns are directed to students and employees, often taking the form of campaigns, emails, guest speakers and events.
4. In the event that sexual misconduct, gender-based violence or the crimes of sexual assault, stalking, dating/relationship violence, or domestic violence do occur, SFCC takes the matter very seriously. SFCC employs interim protection measures such as interim suspension and/or no contact orders in any case where an employee’s behavior represents a risk of violence, threat, pattern or predation.

Definitions


  1. Campus ViolenceThreatening and/or violent behavior that can include but is not limited to:
  2. ConsentAn affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed upon sexual activity.
  3. Course of ConductMeans two or more acts, including but not limited to, acts in which the stalker directly, indirectly or through third parties, by an action, method, electronic device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  4. Dating ViolenceSexual or physical abuse or the threat of such abuse excluding acts covered under the definition of Domestic Violence. This type of violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim which is determined by the reporting party’s statement, length and type of relationship and the frequency of interaction between the persons in the relationship.
  5. Domestic violenceFelony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of victim, a person with whom the victim shares a child in common, a person who is cohabitating with, or has cohabitated with, the victim as a:
  6. Hate CrimeA crime reported to local police agencies or to a Campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.
  7. Non-consensual oral sexNon-consensual contact between one person’s mouth and the genitals or anus of another person.
  8. Non-Consensual Sexual Contact/BatteryNon-consensual touching, kissing, or fondling of another person in a sexual way, whether the person is clothed or unclothed; or forcing someone to touch another in a sexual way.
  9. Non-confidential SFCC entityAny employee who is not one of those listed in Policy Statement F or a member of the counselling staff.
  10. Rape/Sexual AssaultThe penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  11. Reasonable PersonA reasonable person under similar circumstances and with similar identities to the victim.
  12. Responsible PartiesResponsible Parties. Any person who has significant obligations for student or Campus activity, including but not limited to student and employee discipline, and in identifying and reporting crimes on Campus. Responsible Parties include but are not limited to:
  13. Sexual ExploitationTaking sexual advantage of another person without consent, including, without limitation, indecent exposure; voyeurism; non-consensual recording, photographing, or transmitting identifiable images of private sexual activity and/or the intimate parts of another person; and/or allowing third parties to observe private sexual acts.
  14. Sexual HarassmentA form of unlawful sex discrimination that is defined as unwelcome conduct of a sexual nature or unwelcome conduct directed at a person because of his or her sex or gender.  Types of sexual harassment include Quid Pro Quo Harassment and Hostile Environment Harassment.  Quid Pro Quo Harassment involves unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature which is made an explicit or implicit condition of participation in a College program or activity or College employment or an employment decision.  Hostile Environment Harassment occurs when unwelcome sexual conduct is so severe or pervasive that it has the effect of unreasonably interfering with an employee’s work performance or a student’s ability to participate in or benefit from an education program or activity or creates an intimidating, threatening or abusive educational or employment environment.  For more information about sexual harassment and examples of sexual harassment see Policies 2-22 Student Sexual Harassment and 4-10 Sexual Harassment.
  15. Sexual MisconductIncludes inappropriate sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature. Sexual misconduct includes non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, interpersonal relationship violence, sex/gender-based stalking and sexual harassment. While SFCC’s standards and definitions may differ from the New Mexico Code, sexual misconduct often overlaps with crimes of rape, sexual assault, sexual harassment, stalking, dating/relationship violence and domestic violence and by electronic means such as by social media applications, telephone, email, and texting commonly referred to as “sexting,” “cyberstalking,” and “cyberbullying.” (See Policy 2-22 Student Sexual Harassment.) See Policy 4-10 Sexual Harassment.
  16. Sexual ViolenceRefers to physical sexual acts perpetrated with force or coercion against a person’s will; or where a person has not given consent as defined in this policy or is unable to consent due to his or her use of alcohol or drugs, or disability, or age. Examples include, but are not limited to:
  17. StalkingEngaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Stalking can also be conducted through electronic means by social media applications, telephone, email, texting, or what is commonly referred to as “sexting” or “cyberstalking.”
  18. Substantial emotional distressSignificant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  19. Threatening BehaviorAny behavior, intentional or reckless, that by its nature would be interpreted by a reasonable person as intent to harm another person or damage to property. Threats may be oral, written, or communicated through gestures, conventional mail, electronic mail, texting, fax, telephone and may be direct or implied.
  20. Violent BehaviorAny behavior, intentional or reckless, which results in bodily harm to another person and/or damage to property.

Policy Process


A. Reporting Acts of Sexual Violence:

1. The College urges any individual who has experienced Sexual Violence or Sexual Misconduct, or has knowledge about an incident of Sexual Violence or Sexual Misconduct, to report the incident to the College.
2. In order for the College to respond effectively to individuals who have experienced Sexual Violence or Sexual Misconduct, SFCC employees who receive information of such an incident must report the information to Vice President of Student Success/Title IX Coordinator or designee within 24 hours, or as soon as reasonably practicable, by calling the office of the Vice President for Student Success/Title IX Coordinator at (505) 428-1409. See Section F, Items 4 & 7 for more details regarding disclosure of information, including how you can retain your anonymity when you report.

B. Jurisdiction:
The Office of the Vice President for Student Success/Title IX Coordinator is not a law enforcement agency. As such, while it is charged with investigating allegations of sexual violence and misconduct as provided in this policy, the office of the Vice President for Student Success/Title IX Coordinator and SFCC do not enforce criminal statutes. Enforcement of criminal statutes is the sole jurisdiction of law enforcement agencies. The information received from an individual will be reviewed and a determination will be made regarding how to proceed with the investigation.

C. Off-Campus Conduct:
Conduct that occurs off-Campus can be the subject of a complaint or report and will be evaluated to determine whether it implicates this policy or the Employee Code of Conduct Policy 4-1. If off-Campus sexual violence has continuing effects that create a hostile environment on Campus for an individual who has experienced sexual violence or misconduct, the College may take interim measures and depending on the circumstances, will investigate the conduct.

D. Interim Measures:
The Vice President for Student Success/Title IX Coordinator has the authority

1. To implement interim measures which stay in place until the end of any review or appeal process.
2. Can impose a “no contact” order, which typically directs the complainant and respondent not to have contact with each other, either in-person or through electronic communication, pending the investigation and resolution of a complaint.
3. Can arrange for changes in academic situations as needed.
4. Can implement other interim measures before the final outcome of the investigation and afterwards as needed.

E. Protocol to Follow if Sexual Violence or Misconduct Happens to You:

1. If you are in danger, dial 911 for assistance.
2. If you are on the SFCC Campus, you may contact SFCC Campus Safety and Security (428-1224) for immediate assistance. If you are off Campus in Santa Fe, you will be connected with the Santa Fe Police Department.
3. You may also want to call a trusted family member or a friend.
4. Seek medical attention. If you have serious injuries, seek emergency medical attention at a medical facility such as your doctor’s office, urgent care centers or the hospital. In the Santa Fe area, you can contact SANE (Sexual Assault Nurse Examiners) at (505) 989-5952 for information about receiving a sexual assault examination. You can also contact the Rape Crisis Center of Central New Mexico at (505) 266-7711 or (888) 881-8282. The Rape Crisis hotline is available 24 hours a day, 7 days a week, and 365 days a year. An advocate from Rape Crisis Center will accompany you to a sexual assault examination at the office of the Sexual Assault Nurse Examiners.
5. Any individual who experiences a crime has the right to report the crime to the police at any time, regardless of when it occurred. However, the sooner you file a report of a Sexual Assault, the better the chances that helpful evidence can be collected to support a criminal case, that you will be able to convey a clear account of what happened, and that police will be able to identify and speak with witnesses.

F. Investigation and Disciplinary Protocol

1. An employee who experiences an act of Sexual Violence or Sexual Misconduct committed by a SFCC student, another employee, or a visitor to the College, has the option of submitting a complaint with SFCC’s Vice President for Student Success/Title IX Coordinator or others as outlined in the Policy Statement above.
2. An investigator, trained in investigating allegations of Sexual Violence and Sexual Misconduct, will be assigned to conduct the investigation. Investigators and other SFCC officials involved in investigations and disciplinary proceedings under the Policy 4-50 will receive annual training on the issues related to Dating Violence, Domestic Violence, Sexual Assault, and Stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. The investigation and disciplinary proceeding will be conducted by SFCC officials who do not have any conflict of interest or bias against the Complainant or the Respondent.
3. If an individual reports that he or she experienced Sexual Violence or Sexual Misconduct (“complainant”) to a non-confidential SFCC entity (see disclosing of information in this section, items 4 and 7) requests that his or her name not be revealed to the alleged perpetrator (“Respondent”), or asks that SFCC not investigate the reported incident, the complainant will be informed that honoring the request may limit SFCC’s ability to fully process the allegations, including pursuing disciplinary action against the Respondent. The College’s prohibition against retaliation will also be explained to the complainant. If the complainant still insists that his or her name not be disclosed to the Respondent, or continues to ask the College not to investigate the allegations, the Vice President of Student Success/Title IX Coordinator or designee will determine whether the College can honor the request while still providing a safe and nondiscriminatory working and learning environment for the complainant and others. The Vice President of Student Success/Title IX Coordinator or designee will strive to abide by the complainant’s request. However, the Vice President of Student Success/Title IX Coordinator or designee reserves the right to determine that it is essential to disclose the complainant’s identity and/or to investigate the allegations despite the complainant’s request not to in order for SFCC to fulfill its obligations under Title IX. In such cases, the Vice President of Student Success/Title IX Coordinator or designee will inform the complainant prior to starting an investigation and will share information only with Responsible Parties for processing the allegations in the complaint and therefore need to know that information.
4. In all cases, regardless of a complainant’s request for anonymity, the federal Clery Act requires that disclosure of crimes of sexual violence or misconduct that occur on the SFCC Campus and on other property the College has control over (as defined under the Clery Act) must be reported for statistical purposes to Campus Safety and Security, which is responsible for annually reporting crime statistics to the College community. However, such reports to Campus Safety and Security are for statistical purposes only and are not required to include the victim’s identity without his or her consent.
5. If the victim submits a complaint with the Vice President for Student Success/Title IX Coordinator or designee and instructs it to investigate the allegations made, the Vice President for Student Success/Title IX Coordinator or designee will first make an assessment of whether it has jurisdiction to investigate the allegations made. If the Vice President for Student Success/Title IX Coordinator does not have jurisdiction to investigate or otherwise process the allegations made, it will refer those issues to the appropriate body, if any. If it does have jurisdiction to investigate, as part of that investigation, the assigned investigator will make reasonable attempts to contact the Respondent to notify him or her of the allegations made, his or her right to respond to the allegations made and present information he or she deems relevant to the matter, and the investigation procedure. If the investigator is unable to contact the Respondent or if the Respondent elects not to provide a response to the allegations made or information pertinent to the matter, the Vice President for Student Success/Title IX Coordinator or designee will make its determination based on the information he or she is able to gather.
6. The investigation and disciplinary proceeding sunder this policy will be conducted in a prompt, fair, and impartial manner from the receipt of the initial report to the final result. The Complainant and the Respondent will receive timely notice of all meetings at which the Complainant, Respondent, or both, may be present. The disciplinary proceeding will provide timely and equal access to the Complainant, the Respondent, and the appropriate SFCC officials to any information that will be used during informal and formal disciplinary meetings and hearings.
7. Once a complaint is submitted, both the Complainant and Respondent have equal rights to present evidence to the investigator during the investigation. Once its investigation is complete, the Vice President for Student Success/Title IX Coordinator or designee uses a preponderance of the evidence standard to evaluate the evidence and determine whether an act of sexual violence or misconduct occurred. The “preponderance of the evidence standard” means that, on evaluation of all of the evidence, it is more likely than not that the alleged act of Sexual Violence or Sexual Misconduct occurred.
8. The evidence gathered during the investigation will be maintained by the Vice President for Student Success and kept confidential to the extent authorized by law and policy. Should a Complainant or Respondent appeal the Vice President for Student Success’s determination or any sanctions issued by the College, the Vice President for Student Success/Title IX Coordinator or designee may be required to release the evidence upon which its determination is based to the appealing party or the entity to which the appeal is made or both. Any incident reported resulting in an investigation reported to the College will be documented. All documentation will be retained by Campus Safety and Security and/or the Office of Human Resources. In accordance with the provisions of the Victim Counselor Confidentiality Act, N.M. STAT. §31-25-2 (A), any information exchanged between a victim and a victim counselor in private, disclosed in the course of the counselor’s treatment of the victim for any emotional or psychological condition resulting from a sexual assault will be kept confidential, unless the victim consents in writing to its disclosure. The identity of the individual reporting the incident along with the individual responsible for the incident may become apparent, or disclosed, as a result of the actions taken to resolve the investigation.
9. If, after investigation, the Vice President for Student Success/Title IX Coordinator or designee finds that it is more likely than not that a student committed an act of Sexual Violence or Sexual Misconduct through a determination of preponderance of the evidence, the AVPA in collaboration with the VPSS/Title IX Coordinator will decide on the sanction to be imposed on the offender.
10. If the Vice President for Student Success/Title IX Coordinator or designee finds that it is more likely than not that an employee committed an act of Sexual Violence or Sexual Misconduct through a determination of preponderance of the evidence, the Vice President for Student Success/Title IX Coordinator or designee will refer the matter to the Office of Human Resources and that individual’s direct supervisor to take appropriate action, including taking disciplinary action. Misconduct by employees and the imposition of disciplinary action is handled pursuant to Policy 4-2 Employee Corrective Action and Disciplinary Action. Appeals to the College President are addressed in Policy 4-2.
11. In any disciplinary meeting or proceeding under this 4-50 Policy held by the Office of Human Resources or the Associate Vice President for Academic Affairs Office, both the Complainant and the Respondent are allowed to bring one advisor, including an attorney advisor. An advisor means any individual who provides the Complainant or the Respondent support, guidance, or advice. However, an advisor is not authorized to speak on behalf of the individual they are advising. Rather, the Complainant and the Respondent must present their own case during the proceeding, and advisors’ participation is limited to advising the person they are advising. In addition, both the Complainant and the Respondent will be notified in writing of the decision on sanctions to the extent permitted by the federal Family Education Rights and Privacy Act (FERPA) and both parties have the right to appeal the sanctions decision. More information about the disciplinary process used by the Associate Vice President for Academic Affairs Office can be found in Policy 2-2 Student Corrective Action and Disciplinary Action Procedure.
12. The Vice President for Student Success/Title IX Coordinator or designee does not make any determinations regarding whether a Respondent accused of committing has an act of sexual violence or misconduct violated a criminal law. Rather, such determinations are the sole jurisdiction of state and federal police and prosecutorial agencies.
13. Individuals who have experienced Sexual Violence or Sexual Misconduct are encouraged to make a criminal report to the appropriate law enforcement authority. The Associate Vice President for Academic Affairs is available to meet with a student to discuss and help implement interim measures, including academic adjustments, issuance of protective, restraining, or “no contact” orders and other measures as needed. Interim measures may also be provided for staff or faculty through the Office of Human Resources who experience sexual violence or misconduct, as directed by the appropriate supervisory authority.

G. Policy Violation

1. An employee who is found to have violated this policy is subject to the following possible sanctions:

i. Verbal warning
ii. Written warning
iii. No contact order
iv. Counseling
v. Limited access to campus
vi. Alcohol and drug assessment and counseling
vii. Disciplinary probation
viii. Demotion
ix. Suspension without pay
x. Termination for cause

Investigation & Discipline

  • The Vice President for Student Success/Title IX Coordinator reviews report to determine whether an investigation under this Policy 4-50 is appropriate and where to assign the investigation.  This review and assignment process will usually occur within 1 to 3 business days of receipt of a report.
  • The assigned investigator(s) meets with reporting party (referred to as “Complainant”) and responding party (referred to as “Respondent”) to determine scope of investigation and explain procedure.  These initial meetings will usually occur within 1 to 5 days of being assigned the investigation.
  • The assigned investigator(s) gathers evidence from parties and analyzes the evidence to determine if it demonstrates that a violation of College policy more likely than not occurred referred to as the “preponderance of the evidence” standard.  The investigator(s) will then issue an investigation report and recommendation to the VPSS/Title IX Coordinator.  Depending on the complexity of the case, the investigator will issue the investigation report and recommendation within 45 days of being assigned the investigation.  For good cause shown and with written notice to the Complainant and the respondent, that time may be extended.
  • Within five business days of receiving the investigation report and recommendation, the Vice President for Student Success/Title IX Coordinator issues the Results of the investigation.  For purposes of this policy, results means any initial, interim, and final decision and will include any sanctions imposed by the institution and the rationale for the result and sanctions.  The Complainant and the Respondent will simultaneously receive, in writing, notification of the Result, the appeal procedures, any change in the Result, and when the Result becomes final.  If the VPSS/Title IX Coordinator finds, by a preponderance of the evidence that this Policy 4-50 was violated, the matter will be referred to the Office of Human Resources and that individual’s direct supervisor to take appropriate action, including taking disciplinary action. Misconduct by employees and the imposition of disciplinary action is handled pursuant to Policy 4-2 Employee Corrective Action and Disciplinary Action.
  • Upon receipt of the Result, Complainant and Respondent have five (5) working days to submit any new information that the Vice President for Student Success/Title IX Coordinator has not considered or previously seen, and to request a pre-action hearing.
  • Following receipt of any new information and/or a pre-action hearing, the Vice President for Student Success/Title IX Coordinator or their designee has five days to issue a Final Letter of Determination (FLOD), either upholding the finding of a policy violation or altering it based on new information submitted.

H. Retaliation is Prohibited

1. It is a violation of Title IX and College policy to retaliate against any person who makes a complaint of Sexual Violence or Sexual Misconduct or testifies, assists, or participates in an investigation or proceeding regarding an allegation of Sexual Violence or Sexual Misconduct.
2. Concerns that a student or employee has threatened to retaliate or has retaliated against another student or employee for making such a complaint should be reported promptly to the Vice President for Student Success/Title IX Coordinator.
3. A staff, faculty member, or student who retaliates against a person who makes a complaint of sexual violence or misconduct, testifies, assists, or participates in an investigation or proceeding regarding an allegation of sexual violence or misconduct, or seeks assistance from the Vice President for Student Success/Title IX Coordinator, may be subject to disciplinary action, including dismissal or expulsion.

Statement of Accountability and Responsibility


The President, through the Executive Director for Human Resources and the Office of Human Resources (OHR), shall be responsible for enforcing Human Resources procedures and policies. Vice President for Student Success/Title IX Coordinator is responsible for this policy in regards to thoroughly investigating and deciding jurisdiction in all sexual misconduct cases. OHR shall work with the different departments and offices to comply with this policy and develop procedures that will enforce this policy regarding awareness, prevention, and remediation.

Clery Definitions


Reporting of statistics under the Clery Act uses federal offenses definitions that allow comparability across campuses, regardless of the state in which the campus is located. These definitions are as follows:

  1. Sex Offenses-Forcible Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
  1. Forcible Rape The carnal knowledge of a person, forcibly and/or against the person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
  1. Forcible Sodomy Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  1. Sexual Assault with an Object The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  1. Forcible Fondling The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  1. Sex Offenses-Non-Forcible Unlawful, non-forcible sexual intercourse.
  1. Incest Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  1. Statutory Rape Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Authority

Clery Act
Family Educational Rights and Privacy Act (FERPA)
Victim Counselor Confidentiality Act, N.M. STAT. §31-25-2 (A)
Violence Against Women Reauthorization Act (VAWA) including the Campus Sexual Violence Elimination Act (SaVE) March 2013
Title IX of the Education Amendments of 1972 (Title IX)
Policy 2-1 Student Code of Conduct
Policy 2-2 Student Corrective Action and Disciplinary Action
Policy 2-22 Student Sexual Harassment Policy
Policy 2-28 Student Policy on Sexual Violence, Sexual Misconduct, Relationship Violence, Domestic Violence and Stalking
Policy 4-1 Workplace Ethics and Code of Conduct
Policy 4-2 Employee Corrective Action and Disciplinary Action
Policy 4-10 Sexual Harassment
Policy 5-6 Firearms Control on Campus
Policy 5-7 Weapons Possession on Campus

SFCC Governing Board approved: 10/28/15

Associated Procedures