2-28: Student Sexual Violence – Policy

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 facilitate reporting of sexual violence and misconduct as well as other acts of violence, and to ensure that allegations are promptly and thoroughly investigated.

Scope and Applicability

This policy includes information for students on resources available following an act of sexual violence or misconduct, SFCC responses, education, and prevention programs and possible disciplinary sanctions.  See Policy 4-50 for policy regarding situations involving employees.

IF YOU ARE EXPERIENCING AN EMERGENCY – DIAL 911
If the incident occurred on the SFCC campus, dial

Campus Safety and Security Department

24 hours a day – 365 days a year. 

Your report may be anonymous.

Campus Safety & Security Office

(505) 428-1224 

Policy Statement
A. The SFCC Code of Conduct prohibits sexually violent acts, termed Sexual Misconduct.
B. SFCC is committed to providing intervention and awareness programs for the safety and benefit of its students and employees. For more information see the Office of Student Development or call 428-1665.
C. 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.
D. Any individual who engages in threatening or violent behaviors while on SFCC owned or controlled property may be removed and/or barred from the premises pending the outcome of an investigation.
E. Any student, who engages in any violent or threatening behavior toward a student, staff or faculty member, or any other individual on campus, is subject to discipline under Policy 2-2 Student Corrective Action and Disciplinary Action Policy, up to and including suspension or expulsion.
F. 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 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 officially report such an incident may do so by contacting any of the following offices:
i. Vice President for Student Success (VPSS) 428-1409;
ii. Office of Human Resources (OHR) 428-1228;
iii. Associate Vice President of Academic Affairs (AVPA) 428-1486;
iv. SFCC Counseling Services 428-1682 or 428-1839;
v. SFCC Office of Campus Safety and Security 428-1224.
1. If a student is involved in an incident, the VPSS/Title IX Coordinator and the AVPA are to be notified.
2. Emergency situations should be reported to Campus Safety and Security or the police immediately.
G. 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. Sexual harassment, which includes acts of sexual violence and sexual misconduct, is a form of sex discrimination prohibited by Title IX. This SFCC policy on Sexual Violence which includes acts of sexual violence and sexual misconduct applies to any allegation of sexual violence or misconduct made by or against a student, or a staff or faculty member, regardless of where the alleged sexual violence or misconduct occurred. If the circumstances giving rise to the complaint are related to SFCC’s programs or activities, this policy may apply regardless of the affiliation of the parties involved.
H. Sexual violence and 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 below in this policy.
I. The VPSS is SFCC’s Title IX Coordinator. As Title IX Coordinator, the VPSS oversees institutional compliance with Title IX.
J. This policy includes information for staff and faculty on resources available following an act of sexual violence or misconduct, SFCC responses, education, and prevention programs and possible disciplinary sanctions.
K. Handling of Protective or Restraining Orders: Any member of SFCC 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 that lists SFCC owned or leased property as a protected area shall immediately provide 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.
L. False Reports: Any individual who intentionally files a false report shall be subject to disciplinary action that may include dismissal, expulsion, and/or legal action.
M. 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 students. These programs are conducted during new student 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 that explains and illustrates healthy relationship and dating behavior, as well as awareness of surroundings. Included in the programs are intervention strategies which provide instruction on safety measures during the intervention and encourages students to be not bystanders but stakeholders in the safety of the community. SFCC student policies on sexual misconduct are reviewed during New Student Orientation and are included in the Student Handbook.
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, 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 a student’s behavior represents a risk of violence, threat, pattern or predation.
Definitions
1. Campus Violence. Threatening and/or violent behavior that can include but is not limited to:
a. Physically assaulting an individual, by slapping, hitting, punching, pushing, poking or kicking; or physical and verbal threats to inflict physical harm;
b. Arson, sabotage, equipment vandalism, damaging or destroying property, throwing or hitting objects;
c. Displaying a weapon or an object which appears to be a weapon in a threatening manner; carrying a firearm of any kind onto SFCC owned or controlled property; or using a weapon to harm someone (Please refer to Policy 5-6 Firearms Control on Campus and Policy 5-7 Weapons Possession on Campus);
d. Intimidating or threatening gestures, bullying or hazing;
e. Intimidating, threatening, hostile or abusive language directed toward another person that communicates the intention to engage in violence against that individual and leads a reasonable individual to expect that violent behavior may occur;
f. Stalking another individual.

2. Consent: An affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed upon sexual activity.
a. Consent is voluntary. 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.
b. Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. 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 can be withdrawn by verbal or electronic means such as by telephone, texting, social media or email.
c. Consent cannot be given when a person is incapacitated. 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, including impairment caused by the consumption of drugs or alcohol, or a disability.

3. Course of conduct means 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 violence. Sexual 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 violence. Felony 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:
a. Spouse
b. Intimate partner
c. Person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
d. Another person who is an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

6. Hate crime. A 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-confidential SFCC entity is any employee who is not one of those listed in Policy Statement F or a member of the counselling staff.

8. Non-consensual oral sex. Non-consensual contact between one person’s mouth and the genitals or anus of another person.

9. Rape/Sexual Assault. The 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.

10. Responsible parties. Any person who has significant obligation for student and any campus activity including but not limited to student and employee discipline and in identifying and reporting violations of policy on campus. To include but not limited to:
a. Campus Safety and Security
b. Non-security personnel responsible for monitoring College property
c. People/offices designated under College policy as those to whom/which violations should be reported

11. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
12. Sexual contact/battery. Non-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.

13. Sexual exploitation. Taking 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 harassment. A 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 misconduct. Includes 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.)

16. Sexual violence. refers 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:
a. Rape/sexual assault
b. Non-consensual oral sex
c. Sexual contact/battery
d. Sexual exploitation
e. Domestic violence
f. Domestic abuse
g. Dating violence
h. Stalking
i. Sexual harassment

17. Stalking. Engaging 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 distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

19. Threatening behavior. Any 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 behavior. Any behavior, intentional or reckless, which results in bodily harm to another person and/or damage to property.

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.

2. 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).

3. 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.

4. 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.

5. 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.

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

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

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

Policy Process
A. Reporting Acts of Sexual Violence
1. The College urges any individual who has experienced sexual violence or misconduct, or has knowledge about an incident of sexual violence or misconduct, to make an official report.
2. In order for the College to respond effectively to individuals who have experienced sexual violence or misconduct, SFCC staff and faculty who receive information about a person who has experienced sexual violence or misconduct must report the information to Vice President of Student Success/Title IX Coordinator within 24 hours, or as soon as reasonably practicable, by calling the office of the VPSS/Title IX Coordinator at (505) 428-1409.

B. Jurisdiction
The Office of the VPSS/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 VPSS/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 Student Code of Conduct Policy 2-1. 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 will take interim measures to address the campus needs of the students involved.

D. Interim Measures
The VPSS/Title IX Coordinator or designee has the authority
1. To implement interim measures which stay in place until the end of any review or appeal process.
2. To 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. To arrange for changes in academic situations as needed.
4. To 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 Campus Safety and Security (428-1224) for immediate assistance. If you are calling from off campus in Santa Fe, you may dial the Regional Dispatch Office (428-3720) and you will be connected with the Santa Fe City and/or County 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. All those who have experienced a crime have the right to report a crime to 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

Investigation and Discipline
The VPSS/Title IX Coordinator reviews report to determine whether an investigation under this Policy 2-28 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 the report.
The assigned investigator(s) meets with reporting party (referred to as “Complainant,” unless the report is submitted by a third party) 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 SFCC policy more likely than not occurred referred to as the “preponderance of the evidence” standard. The investigator 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 VPSS/Title IX or their designee will issue the Results of the investigation and disciplinary proceeding. 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 finds, by a preponderance of the evidence that this Policy 2-28 was violated a Letter of Intent to Discipline will be issued to the Respondent.
Upon receipt of the Result, Complainant and Respondent have 5 working days to submit any new information that the VPSS or their designee 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 VPSS/Title IX Coordinator or their designee has five days to issue a Final Letter of Determination (FLOD), either upholding the Result and finding in the Letter of Intent to Discipline, if applicable, or altering it based on the new information submitted.
Either party has 5 working days following receipt of the FLOD to request an appeal through the Hearing Panel per policy 2-2 Student Corrective Action and Disciplinary Action.

1. A student who experiences an act of sexual violence or misconduct committed by a another SFCC student, staff or faculty member, or a visitor to the SFCC, has the option of filing a complaint with the VPSS/Title IX Coordinator or others as outlined in the Policy Statement above.
2. 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. Investigators and other SFCC officials involved in investigations and disciplinary proceedings under this Policy 2-28 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.
4. An individual reporting to a non-confidential SFCC entity that he or she experienced sexual violence or misconduct (“Complainant”) may request that his or her name not be revealed to the alleged perpetrator (“Respondent”). He or she may ask the VPSS/Title IX Coordinator or their designee not to investigate the allegations of sexual violence. If this request is made, 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. SFCC’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 he/she continues to ask SFCC not to investigate the allegations, the VPSS/Title IX Coordinator will determine whether SFCC can honor the request while still providing a safe and nondiscriminatory working and learning environment for the Complainant and others. The VPSS/Title IX Coordinator will strive to abide by the Complainant’s request. However, the VPSS/Title IX Coordinator 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 VPSS/Title IX Coordinator will inform the Complainant prior to starting an investigation and will share information only with SFCC officials who are responsible for processing the allegations in the complaint and therefore need to know that information.
5. 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 domestic violence and stalking will be reported in SFCC’s required Clery Act Crime Statistics report. This data is aggregate data and does not include identifying information.
6. If the victim files a complaint with the VPSS/Title IX Coordinator or designee and authorizes an investigation of the allegations made, the VPSS/Title IX Coordinator or designee will first make an assessment of whether it should be investigated under this policy or another SFCC policy. If the VPSS/Title IX Coordinator or designee determines that the allegations should be investigated under another SFCC Policy, those issues will be referred to the appropriate body, if any.
7. The investigation and disciplinary proceeding under this policy will be conducted in a prompt, fair, and impartial manner from receipt of the initial report to the final result. The Complainant and 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.
8. As part of that investigation, the 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 VPSS’s investigation procedure. If the VPSS/Title IX Coordinator or their designee 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 VPSS/Title IX Coordinator or their designee will make a determination based on the available information.
9. Once a complaint is filed, both the Complainant and Respondent have equal rights to present evidence to the investigator during its investigation. Once its investigation is complete, the VPSS/Title IX Coordinator 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 misconduct occurred.
10. The evidence that is gathered during its investigation will be maintained by the VPSS/Title IX Coordinator and kept confidential to the extent authorized by law and policy.
11. Should a Complainant or Respondent appeal the determination or any sanctions issued by the VPSS/Title IX Coordinator, the VPSS/Title IX Coordinator may be required to release evidence upon which its determination is based to the appealing party or the entity to which the appeal is made or both.
12. Any incident reported resulting in an investigation reported to SFCC will be documented. All documentation will be retained by the VPSS. 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. 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.
13. If, after investigation, it is determined that it is more likely than not that a student or visitor committed an act of sexual violence or misconduct through a determination of preponderance of evidence, the AVPA in collaboration with the VPSS/Title IX Coordinator will decide on the sanction to be imposed on the offender.
14. If the VPSS/Title IX Coordinator or designee makes a determination of preponderance of evidence that a staff or faculty member committed an act of sexual violence or misconduct in violation of SFCC policy, the VPSS/Title IX Coordinator will refer the matter to the OHR and that individual’s direct supervisor to take appropriate action, including taking disciplinary action. Misconduct by faculty and staff and the imposition of disciplinary action is handled pursuant to Policy 4-2 Employee Corrective Action and Disciplinary Action. Appeals are addressed in Policy 4-2.
15. The VPSS/Title IX Coordinator does not make any determinations regarding whether a respondent has committed an act of sexual violence or misconduct in violation of criminal statute. Rather, such determinations are the sole jurisdiction of state and federal police and prosecutorial agencies.
16. In any disciplinary meeting or proceeding held by the AVPA, both the Complainant and the Respondent are allowed to bring one advisor. An advisor means any individual who provides the Complainant or the Respondent support, guidance, or advice, including an attorney. However, an advisor is not authorized to speak on behalf of the individual they are advising. Rather, the Complainant and 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 Respondent will be notified in writing of the decision on sanctions to the extent permitted by the federal Family Educational 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 AVPA can be found in Policy 2-2 Student Corrective Action and Disciplinary Action Procedure.
17. Individuals who have experienced sexual violence or misconduct are encouraged to report the crime to the appropriate law enforcement authority. The AVPA 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 who experience sexual violence or misconduct, as directed by the appropriate supervisory authority.

G. Policy Violation

1. Under the SFCC Student Code of Conduct, a student who commits a violation of this Code, including an act of sexual violence or misconduct, is subject to the following possible sanctions:

i. Verbal warning;
ii. Written warning;
iii. No contact order;
iv. Counseling;
v. Loss of privileges;
vi. Limited access to campus;
vii. Online education;
viii. Alcohol and drug assessment and counseling;
ix. Probation;
x. Suspension;
xi. Expulsion.
H. Retaliation is Prohibited

1. It is a violation of Title IX and SFCC policy to retaliate against any person who makes a complaint of sexual violence or misconduct or testifies, assists, or participates in an investigation or proceeding regarding an allegation of sexual violence or misconduct.
2. Concerns that a student, staff, or faculty member has threatened to retaliate or has retaliated against another student, staff, or faculty member should be reported promptly to the VPSS/Title IX Coordinator or designee.
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 VPSS/Title IX Coordinator or designee, may be subject to disciplinary action, including dismissal or expulsion.

Statement of Accountability and Responsibility
The President, through the VPSS, shall be responsible for enforcing student procedures and policies. The VPSS, as the Title IX Coordinator, is responsible for this policy in regards to thoroughly investigating and deciding jurisdiction in all sexual misconduct cases. VPSS/Title IX Coordinator or their designee 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.

Authority

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

Policy 2-22 Sexual Harassment

Policy 4-2 Employee Corrective Action and Disciplinary Action

Policy 5-6 Firearms Control on Campus

Policy 5-7 Weapons Possession on Campus

SFCC Governing Board approved: 10/28/15

[1] SFCC has developed this definition of “consent” for use in this Policy and Policy 2-28.  The Violence Against Women Reauthorization Act amendments to the Jeanne Clery Act provide that consent be defined as it is defined in this jurisdiction.  New Mexico law, however, does not define “consent” in a way that is helpful to this policy or the SFCC community.  Rather, in New Mexico, the absence of consent is not an element of the crime of criminal sexual penetration.  What this means is that a prosecutor does not have to prove beyond a reasonable doubt that sexual intercourse took place without the victim’s consent in order to convict the defendant of criminal sexual penetration.  A defendant can, however, claim as a defense to a charge of criminal sexual penetration that the accuser consented to the sexual act.  Consent may be used to negate the element that “force or coercion” was used by the accused.

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