June 2015

Sexual Misconduct

The Code of Conduct at Santa Fe Community College (SFCC) prohibits sexually violent acts, termed “Sexual Misconduct” by SFCC. Some sexually violent acts are considered crimes and may be prosecutable. 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 may utilize different standards and definitions than the New Mexico Code, sexual misconduct often overlaps with crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence.

In an effort to reduce the risk of sexual misconduct as well as the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among its students, SFCC utilizes a range of campaigns, strategies, and initiatives to provide awareness, educational, risk reduction, and prevention programming.

Prevention Programming

It is the policy of SFCC to offer programming to prevent domestic violence, dating violence, sexual assault (including stranger and known offender assaults), and stalking each

year. Educational programs are offered to raise awareness for all incoming students and employees, and are conducted during new student orientation, new employee orientation, and throughout an incoming student’s first semester. These programs and others offered throughout the year include strong messages regarding not just awareness, but also primary prevention including normative messaging, environmental management, and bystander intervention. SFCC student policies on sexual misconduct are reviewed during New Student Orientation and are included in the Student Handbook.

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 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.

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, including faculty, often taking the form of campaigns, emails, guest speakers and event.

In the event that sexual misconduct, gender-based violence or the crimes of sexual assault, stalking, dating 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 a student’s, or employee’s behavior represents a risk of violence, threat, pattern or predation.

Reporting Procedures 

If a student is accused of sexual misconduct, other gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, s/he is subject to action in accordance with the SFCC Corrective Action and Disciplinary Action Policy and may be subject to arrest and prosecution.

A student wishing to officially report such an incident may do so by contacting any of the following offices:

SFCC Office of Campus Safety and Security at 428-1224; Counseling Services at 428-1682 or 428-1839; or Associate Vice President of Academic Affairs at 428-1486.

A student wishing to officially report such an incident and/or anyone with knowledge about sexual misconduct or gender-based violence or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence is encouraged to report it immediately. Protective measures for victims are available from the campus whether a victim chooses to report to local and/or campus law enforcement, and irrespective of whether a victim pursues a formal complaint through the SFCC resolution process.

In addition to Campus Safety, crimes may be reported to these college officials:

If you are the victim of sexual misconduct, gender-based violence or the crimes of rape, acquaintance rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, some or all of these safety suggestions may guide you after an incident has occurred:

1. Go to a safe place and speak with someone you Tell this person what happened. If there is any immediate danger, contact ex. 1224 if you are on campus or call 911 if you are off campus.

2. Consider securing immediate professional support (e.g.: counseling, victim advocacy, medical services, ) to assist you in the crisis.

3. If you are on campus during regular business hours, you may go to Counseling Services in room for support and These are confidential resources.

4. For your safety and well-being, immediate medical attention is Further, in the case of rape or sexual assault being examined as soon as possible, ideally within 120 hours, is important. The hospital will arrange for a specific medical examination at no charge.

• To preserve evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate or change clothes before receiving medical Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable.

• Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until their They will gather bedding, linens or unlaundered clothing and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet, to avoid contamination.

• If you have physical injuries, photograph or have them photographed, with a date stamp on the

• Record the names of any witnesses, and their contact information. This information may be helpful to the proof of a crime, to obtain an order of protection or to offer proof of a campus policy violation.

• Try to memorize details (physical description, names, license plate number, car description,), or even better, write notes to remind you of details, if you have time and the ability to do

• If you obtain external orders of protection (e.g. restraining orders, injunctions, protection from abuse), please notify Campus Safety and Security Office at ex. 1224 so that those orders can be observed on

5. Even after the immediate crisis has passed, consider seeking support from Counseling Services, and/or the local rape crisis

6. SFCC is able to offer reasonable academic accommodations, escorts, no contact order compliance, counseling services access and other supports and resources as needed by a

Legal and Clery Definitions

Rape is generally defined as forced sexual intercourse. It may also include situations where the victim is incapable of giving consent due incapacitation by means of disability, alcohol, or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend.

Under New Mexico law, rape is defined as sexual intercourse against the will of the victim that can occur under a variety of circumstances, including:

• When the victim is prevented from resisting due to alcohol or
• When the assailant uses physical force or the threat of force to overpower and control the
• When the victim fears that she or he or another will be injured if the victim does not
• When the victim is at the time unconscious of the nature of the act, and this is known to the
• When the victim is incapable of giving legal consent due to a mental disorder or developmental or physical disability, and this is known or reasonably should be known to the
• When the act is accomplished by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another person.
• When the assailant uses duress, such as a direct or implied threat of hardship or retribution, to coerce the
• When the assailant uses force, fear or threats to accomplish sexual intercourse against the will of the This provision of the law is known as the “spousal rape law.”

Other Sexual Offenses-Forcible is defined as 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.  Examples include sodomy (forced anal intercourse); oral copulation (forced oral-genital contact); rape by a foreign object (forced penetration by a foreign object, including a finger) and; sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal.

·        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).

·        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.

·        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.

·        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.

Other Sex Offenses Non-Forcible is the unlawful, non-forcible sexual intercourse.

·        Incest

Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

·        Statutory Rape

Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Consent is an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed upon sexual activity.  In New Mexico, sexual consent is defined as: sexual activity requires consent, which is defined as voluntary, positive agreement between the participants to engage in specific sexual activity.

• Consent is It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will.

• Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately.

• Consent cannot be given when a person is A person cannot consent if s/he is unconscious or coming in and out of consciousness. A person cannot consent if s/he is under the threat of violence, bodily injury, or other forms of coercion. A person cannot consent if his/her understanding of the act is affected by a physical or mental impairment.

Sex Offender is a person who is convicted of a sexual offense. Sexual offenses includes such crimes as rape, sodomy, and sexual abuse. In accordance to the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling Crimes against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, SFCC is providing a link to the New Mexico State Sex Offender Registry. All sex offenders are required to register in the state of New      Mexico and to provide notice of each institution of higher education in NM at which the person is employed, carries a vocation or is a student. The link to the New Mexico registry is http://www.city-data.com/so/New-Mexico.html.

In addition to the above notice to the State of New Mexico, all sex offenders are required to deliver written notice of their status as a sex offender to the SFCC Office of the Registrar no later than three (3) business days prior to their enrollment in, employment with or volunteering at SFCC. Such notification may be disseminated by SFCC to, and for the safety and well-being of the SFCC community, and may be considered by SFCC for enrollment and discipline purposes.

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:

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.

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).

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.

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.

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.

Sex Offenses-Non-Forcible Unlawful, non-forcible sexual intercourse.

Incest Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Santa Fe Community College Related Policies

SFCC Policy 4-50, Safety and Violence on Campus

The College is committed to providing a safe and welcoming environment for students, faculty, staff and the public. 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. Students, who engage in any violent behavior toward another student, a faculty or staff member or any other individual on campus, shall face discipline under the Student Corrective Action and Disciplinary Action Policy, up to and including expulsion.

Any student who has been subjected to any threat or intimidating or violent behavior by another student or college employee should report it immediately to Campus Safety and Security and the Office of Human Resources (OHR). Anyone who observes any violent or threatening behavior anywhere on campus should immediately contact 911, Campus Safety and Security

SFCC Policy 2-22, Student Sexual Harassment

Sexual harassment is a form of misconduct that undermines the integrity of the academic environment. It is the policy of the SFCC that sexual harassment is prohibited. All members of the SFCC community, especially officers, faculty and other individuals who exercise supervisory authority, have an obligation to promote an environment that is free of sexual harassment. Sexual harassment is defined as:

Sexual harassment may take many forms, including unwelcome conduct of a sexual nature and conduct that is not necessarily sexual in nature, but which is unwelcome and directed at a person because of his or her gender.

SFCC Policy 2-3, Student Concerns and Complaints

Any complaints or inquiries regarding sexual harassment or other sexual misconduct of a student by an officer, faculty member or staff member should be brought to the immediate attention of Associate Vice President of Academic Affairs, 505-429-1331. Any complaints or inquiries regarding sexual harassment of a student by another student should be brought to the immediate attention of Associate Vice President of Academic Affairs, 505-429-1331.

SFCC will investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain or inquire regarding sexual harassment, but feels it would not be appropriate to raise such issues with the Associate Vice President of Academic Affairs, the student may inquire or complain to any Department Chair or any officer of the Vice President of Academic Affairs or Vice President for Student Success at the level of Vice President or above, and such inquiries or complaints will receive a prompt and thorough investigation. See SFCC Policy 2-3.

SFCC Policy 2-2 Student Corrective Action and Disciplinary Action

If harassment or other sexual misconduct is established, SFCC will discipline the offender. Disciplinary action for violations of this policy can range from verbal or written warnings, up to and including immediate termination from employment or dismissal from SFCC for serious or repeated violations. See SFCC Policy 2-2.

Campus Procedures for Addressing Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, Sexual Harassment and other acts of sex and gender discrimination.

For offenses including sexual misconduct or other gender based violence, which typically include the crimes of domestic violence, dating violence, sexual harassment, sexual misconduct, and stalking, sanctions range from warnings through expulsion. Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually result in suspension, expulsion or termination of employment. See Policy 2-2, Student Corrective Action and Disciplinary Action and Policy 4-2, Employee Corrective Action and Disciplinary Action. Definitions of sexual misconduct are included below.

Domestic Violence: asserted violent misdemeanor and felony offenses committed by the victim’s:

• Current or former spouse/partner
• Current or former cohabitant
• Current or former partner whom they share a child wit
• Anyone else protected under domestic or family violence law

Dating Violence: abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

Stalking: Behavior in which a person repeatedly engages in conduct directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others.

Procedurally, when SFCC receives a report of sexual misconduct, gender-based violence, or other sex or gender discrimination the campus Associate Vice President Academic Affairs is notified. If the victim wishes to access local community agencies and/or law enforcement for support, SFCC will assist the victim in making these contacts.  The Associate Vice President Academic Affairs will offer assistance to victims in the form of interim or long- terms measures such as opportunities for academic accommodations, visa and immigration assistance, changes in on-campus working situations and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, targeted interventions, etc.). If the victim so desires, they will be connected with a counselor on- or off-campus, as well as an on-or off-campus victim’s advocate. No victim is required to take advantage of these services and resources, but SFCC provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports and procedures, in the form of this document, is provided to all victims, whether they are a student, employee, guest or visitor.

When appropriate upon receipt of notice, the Associate Vice President Academic Affairs will cause a prompt, fair and impartial process to be initiated, commencing with an investigation which may lead to the imposition of sanctions, based upon a preponderance of evidence (what is more likely than not), upon a responding student or other accused individual.  In the case of an employee, the Office of Human Resources will handle the investigation and process. Procedures detailing the investigation and resolution processes of the Santa Fe Community College can be found online here: [insert link to SFCC 2-2 and 4-2].  The Associate Vice President for Academic Affairs and the Director of the Office of Human Resources are ultimately responsible to assure in all cases that the behavior is brought to an end, the Santa Fe Community College acts to reasonably prevent its recurrence and the effects on the victim and the community are remedied. The Coordinator is also responsible to assure that training is conducted annually for all advocates, investigators, hearing officers, panelists and appeals officers that encompasses a hearing process that protects the safety   of victims and promotes accountability. Training will focus on sexual misconduct,    domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation and other behaviors that can be forms of sex or gender discrimination covered by Title IX and Clery Act. Training will help those decision-makers in the process to protect the safety of victims and to promote accountability for those who commit offenses.

Campus Confidentiality for Addressing Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, Sexual Harassment and other acts of sex and gender discrimination

The investigation and records of the resolution conducted by SFCC are maintained confidentially. Information is shared internally between administrators who need to know, but a tight circle is kept.  Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed.  Privacy of the records specific to the investigation are maintained in accordance with New Mexico law and the federal FERPA statute.  Any public release of information to comply with the open crime logs or timely warning provisions of the Clery Act will not release the names of victims or information that could easily lead to a victim’s identification. Additionally, SFCC maintains privacy in relation to any accommodations or protective measures afforded to a victim, except to the extent necessary to provide the accommodations and/or protective measures.

In any complaint of sexual misconduct, sexual assault, stalking, dating violence, domestic violence or other sex or gender-based discrimination covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities for a support person or advisor of their choice throughout the process, including any meeting, conference, hearing or other procedural action. The role of advisors is to provide the accuser or accused with support, guidance or advice.  SFCC policy states that in the case of a long-term suspension, expulsion or revocation of degree, the parties may be accompanied by a representative of their choice, who may provide advice to the student or Student Affairs Officer, but not participate in the hearing. For all other discipline, attorneys or other representatives (except for translators/interpreters) are not authorized to attend. The student may request that a counselor attend the hearing with them to assist the student if necessary. Once complete, the parties will be informed, in writing, of the outcome, including the finding, the sanctions (if any) and the rationale therefor.  Delivery of this outcome to the parties will occur without undue delay between notifications. All parties will be informed of the SFCC appeal processes, and their rights to exercise a request for appeal.  Should any change in outcome occur prior to finalization, all parties will be timely informed in writing, and will be notified when the results of the resolution process become final.

Both Title IX and the Clery Act provide protections for whistleblowers who bring allegations of non-compliance with the Clery Act and/or Title IX to the attention of appropriate campus administrators. SFCC does not retaliate against those who raise concerns of non-compliance. Any concerns should be brought to the immediate attention of the campus Associate Vice President Academic Affairs and/or to officials of the U.S. Department of Education.

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