Sexual Misconduct
Sexual Misconduct Policy
Howard Community College (HCC) recognizes
that sexual misconduct damages the integrity of the educational institution,
destroys the institution’s positive work and educational atmosphere, and causes
psychological and physiological damage to the victim. The college
condemns such illegal activity and is strongly committed to providing a
learning and working environment free from any form of sexual misconduct.
Sexual misconduct is an umbrella term that includes sexual and gender-based
harassment or discrimination, sexual violence, dating violence, domestic
violence, sexual exploitation, sexual intimidation, and stalking. HCC prohibits
and will not tolerate sexual misconduct. Sexual misconduct is a form of
sex discrimination prohibited by state and federal laws, including Title IX of
the Education Amendments of 1972 as amended (“Title IX”) and Title VII of the
Civil Rights Act of 1964 as amended, and also may constitute criminal
activity.
HCC will promote a climate that is free
from sexual misconduct through training, education and prevention
programs. The college will also promote prompt reporting, prohibit
retaliation, and promote timely, fair, and impartial investigation and
resolution of reported sexual misconduct. Any employee, student, vendor,
or affiliated person who engages in sexual misconduct in violation of this
policy will be subject to disciplinary action including but not limited to
dismissal from a class, suspension or expulsion from the college, termination
of a contract or debarment in the case of vendors, or termination in the case
of employees.
All college community members are subject
to this policy, regardless of sex, sexual orientation, gender identity, and
gender expression. This includes all college students, faculty, and
staff, as well as third parties and contractors under the college’s
control. Violations of the policy may occur between individuals or groups
of individuals of any sexual orientation or actual or perceived gender identity.
This policy applies to sexual misconduct in connection with any college program
or activity, including sexual misconduct: (1) in any college facility or on
college owned or controlled property; (2) in connection with any college
sponsored, recognized or approved program, visit or activity, regardless of
location; (3) that impedes equal access to any college education program or
activity or adversely impacts the employment of a member of the college
community; or (4) that otherwise threatens the health or safety of a member of
the college community.
Any type of retaliatory or intimidating
behavior against a person who files a complaint or otherwise participates in an
investigation or adjudicatory action is expressly prohibited by this
policy. HCC will take strong disciplinary action against any individual
or group of individuals found responsible for retaliating or intimidating, or
attempting to retaliate or intimidate, another person for making a report of
sexual misconduct, participating in the investigation of sexual misconduct,
participating as a witness in an adjudicatory proceeding, or otherwise
participating in any way in support of a person exercising rights under this
policy.
The Title IX co-coordinators are Dr. Cynthia Peterka, vice president of student services, and Mr. David Jordan, associate vice president of human resources. The deputy Title IX coordinators are Dr. Llatetra Brown Esters, interim director of student conduct and the executive associate to the vice president of student services, and David Tiscione, associate director for student conduct and compliance. Dr. Peterka (cpeterka@howardcc.edu), Dr. Esters (lesters@howardcc.edu), and Mr. Tiscione (dtiscione@howardcc.edu) can be reached at 443-518-4809. Their offices are located in McCuan Hall room 258 (MH-258). Mr. Jordan (djordan@howardcc.edu) can be reached at 443-518-1100. His office is located in the N building room100 (N-100).
A student who reports an
incident of sexual misconduct, either as a complainant or a third party
witness, will not be held responsible for violating the Student Code of Conduct
if the student was under the influence of alcohol or drugs at the time of the
incident. HCC does not want the fear of receiving disciplinary charges or
disciplinary sanction to prevent a student from reporting an incident of sexual
misconduct.
Sexual Misconduct Procedures
I. Definitions
A. Definitions of Prohibited Forms of Sexual Misconduct
- Sexual Violence is a form of
sexual harassment and refers to physical sexual acts perpetrated without
consent. Sexual violence includes rape, sexual assault, sexual battery,
and sexual coercion. Sexual violence, in any form, is a criminal act.
- Sexual Harassment is any unwelcome sexual advance, unwelcome request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when: (1) Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s evaluation of academic work, employment, or participation in any aspect of a college program or activity; (2) Submission to or rejection of such conduct by an individual is used as the basis for academic, employment, or activity or program or activity participation related decisions affecting an individual; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, i.e., it is sufficiently severe or pervasive to create an intimidating, hostile, humiliating, demeaning or sexually offensive working, academic, residential, or social environment, which interferes with, denies, or limits an individual’s ability to benefit from the college’s educational program or activities, or professional or employment performance. Sexual harassment may include, but is not limited to the following: (1) verbal harassment or abuse; (2) pressure for sexual activity; (3) unwelcome touching; (4) suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one’s grades, job, etc.; (5) displaying pornographic or sexually suggestive images in a place or manner where others could view such images and be offended; or (6) using sexually suggestive language in a place or manner where others could hear such language and be offended.
- Sexual Assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault, as defined by the Violence Against Women Reauthorization Act of 2013 (VAWA), refers to any offense that meets the definition of rape (any 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), fondling (touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity), incest (sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law), or statutory rape (sexual intercourse with a person who is under the statutory age of consent) as used in the FBI’s Uniform Crime Reporting (UCR) program. Non-consensual sexual contact and non-consensual sexual intercourse as defined below may constitute sexual assault within the meaning of this policy.
- Non-Consensual Sexual Contact is any intentional sexual touching, however slight and with any object or body part, or exposure or disrobing of another, that is without consent (as defined below) or by force or coercion. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
- Non-Consensual Sexual Intercourse is any sexual penetration or copulation, however slight and with any object or body part, that is without consent or by force or coercion. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.
- Sex Offense is any sexual act perpetrated against another person, without the consent of the victim, to include when a person is incapable of giving consent due to the victim’s use of drugs or alcohol or an intellectual or other disability. A respondent’s level of intoxication will not diminish their responsibility for sexual assault or sex offense.
- Sexual Exploitation means taking non-consensual or abusive sexual advantage of another to benefit anyone other than the person being exploited. Examples include: invading privacy, going beyond the boundaries of consent (such as letting someone hide in a closet to watch you having consensual sex), video or audio recording of sexual acts without consent, knowingly transmitting a sexually transmitted infection (STI), sexually-based stalking or bullying, or exposing one’s genitals.
- Sexual Intimidation means (1) threatening to sexually assault another person; (2) gender or sex-based stalking, including cyber-stalking; or (3) engaging in indecent exposure.
- Dating Violence means violence or threat of violence between individuals in a personal and private social relationship of a romantic or intimate nature. The existence of such a relationship will be determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
- Domestic Violence means violence committed by a current or former spouse or intimate partner, by a person with whom a child is shared in common, by a person cohabitating with or has cohabitated with the individual as a spouse or intimate partner, by a person similarly situated to a spouse, or by any other person similarly situated to a spouse or any other person against an adult or youth protected from those acts by domestic or family violence laws of Maryland. Domestic violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.
- Stalking means the intentional, repetitive or menacing pursuit, following, harassment, or other interference with the peace or safety of another person or that of his or her immediate family members; including cyber-stalking. The definition of stalking also includes intentionally following another person in or about a public place without their consent or engaging in a course of conduct that alarms or seriously annoys the person. Stalking, harassment, and cyber-stalking behaviors may include, but are not limited to: (1) repeated, unwanted/unsolicited contact that includes face-to-face contact, telephone calls, voice messages, text messages, electronic mail, instant messages, written letters, or unwanted gifts; (2) repeated, unwanted/unsolicited communication on public and college community internet sites; (3) disturbing online messages; (4) persistent physical approaches or requests for dates, meetings, etc.; (5) threats that create fear for one’s life or safety, or fear for the safety of one’s family, friends, roommates, or others; (6) unwanted touching; (7) pursuing or following another person, repeatedly showing up or waiting outside a person’s home, classroom, place of employment, or vehicle; (8) using surveillance or other types of observation, either in person or through the use of electronic devices or software to track or obtain private information; (9) harassing another person, either in person or through a third party; (10) using threatening gestures; (11) trespassing or breaking into a person’s vehicle or residence; or (12) vandalism or destruction of a person’s personal property.
B. Definition of Consent
Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, voluntary, mutually understood permission to engage in (and the conditions of) sexual activity. Consent must meet all of the following standards:
- Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of non-consent.
- Given freely. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that he/she does not want to engage in the behavior, he/she wants to stop the behavior, or that he/she does not want to go beyond a certain point of sexual interaction.
- Provided knowingly. Legally valid consent to sexual activity cannot be given by:
- A person under the legal age to consent (16 years old in Maryland) or
- An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated individual is someone who cannot freely make rational, reasonable decisions because he/she lacks the capacity to understand the “who, what, when, where, why, or how” of a sexual interaction. This includes a person whose incapacity results from: being mentally disabled, asleep or passed out, involuntarily physically restrained, physically forced, unconscious or having a blackout, or beaten; feeling scared, physically forced, intimidated, coerced, threatened, or isolated; or having ingested, inhaled, or been injected with date rape drugs, or using alcohol or other drugs. Possession, use, or distribution of any drugs, alcohol, or similar substances is prohibited and administering a date rape drug to another student is a violation of this policy.
- Specific. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.
C. Definitions Related to Implementation of Policy
- Retaliation means
intimidating, threatening, coercing, or discriminating against any individual
for the purpose of interfering with any right or privilege secured by law or
college policy relating to sexual misconduct, or because an individual has made
a report, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing related to sexual misconduct.
Retaliation includes retaliatory harassment.
- Interim Measures means reasonably available steps the college may take to protect the parties while a sexual misconduct investigation is pending.
- Responsible Employee includes any college employee who (1) has the authority to take action regarding sexual misconduct; (2) is an employee who has been given the duty of reporting sexual misconduct; or (3) is someone another individual could reasonably believe has this authority or duty. HCC has designated all HCC non-confidential college employees as responsible employees. This includes: the Title IX coordinators and all Title IX team members, all non-confidential administrators, all professional and technical staff, all support staff, all faculty, all athletic coaches, and all college public safety staff members.
II. Reporting Sexual Misconduct and Requesting Interim Measures
The college encourages victims of sexual misconduct to report those incidents to the college’s Title IX coordinator, or any responsible employee with whom the victim feels comfortable.
A. Victim Reporting
The college will offer victims of sexual
misconduct options for reporting the misconduct and requesting interim measures
required by Title IX. These options will include:
-
The victim reports the misconduct to the
Title IX coordinator or another college employee whom the college has
designated as responsible for receiving or responding to reports of sexual
misconduct. The victim should be notified of the interim measures
available and requests for interim measures can be made by the victim to the
Title IX coordinator or responsible employee. Reports of sexual
misconduct to responsible employees will be forwarded to the Title IX coordinator
who will determine what steps need to be taken. Generally, the college
will investigate the report to determine what occurred and the college will
provide interim measures during the investigative process and any disciplinary
process.
-
The victim discloses the misconduct to a victim advocate through the office of the vice president of student services, the office of human resources, or the office of counseling and career services, who in turn can request interim measures from the college on the victim’s behalf. Under the second option, victims should be aware that when a victim advocate obtained through one of the above offices requests interim measures on their behalf from a responsible employee of the college and discloses that the reason for the request is sexual misconduct, the request may trigger the college’s Title IX obligation to investigate. To the extent the victim advocate through the office of the vice president of student services, office of human resources, or the office of counseling and career services makes such a disclosure, but, consistent with the victim’s wishes, asks that the college not investigate or otherwise notify the alleged perpetrator of the report, the Title IX coordinator will consider whether it can honor the request while still providing a safe and nondiscriminatory environment for all students, and take interim measures to protect the victim as necessary.
-
The victim, or the victim’s advocate,
requests supportive measures from the college without reporting the sexual
misconduct to the college. While the college strongly encourages all
victims of sexual misconduct to report the incident to the college directly,
the college wants victims to have access to supportive measures regardless of
when or whether they decide to report the conduct to the college.
-
A student who reports an incident of sexual
assault will be informed of the right to file criminal charges with the
appropriate law enforcement officials; provided with prompt assistance of
campus authorities, at the request of the victim, in notifying the appropriate
law enforcement officials and disciplinary authorities of an incident of sexual
assault; given the designation of Howard County General Hospital located at
5755 Cedar Lane, Columbia, MD 21044, which is equipped with the Department of
State Police Sexual Assault Evidence Collection Kit; receive full and prompt
cooperation from campus personnel in obtaining appropriate medical attention,
including transportation to the nearest designated hospital; offered counseling
from mental health service from the institution, other victim services
entities, or the nearest State designated rape crisis program; and after a
campus sexual assault has been reported, and upon request of the alleged
victim, the transfer of the alleged victim to alternative classes will be made
if such alternatives are available and feasible.
-
A student who reports an incident of sexual
misconduct, either as a complainant or a third party witness, will not be held
responsible for violating the Student Code of Conduct if the student was under
the influence of alcohol or drugs at the time of the incident. HCC does
not want the fear of receiving disciplinary charges or disciplinary sanction to
prevent a student from reporting an incident of sexual misconduct.
B. Third Party and Anonymous Reporting
Individuals who have become aware of a
violation of this sexual misconduct policy that does not involve the individual
directly should report the misconduct to the college’s Title IX
coordinator. If an individual wishes to report a violation of the sexual
misconduct policy anonymously, the report should also be made to the Title IX
coordinator. Anonymous reporting may limit the college’s actions.
C. Notification of the Means of Reporting Sexual Misconduct and Requesting Interim Measures
The college will provide notification to
the college community of the means of reporting sexual misconduct and
requesting interim measures.
III. Interim Measures
Interim measures are those services,
accommodations, or other assistance that the college puts in place for victims
after receiving notice of alleged sexual misconduct but before any final
outcomes - investigatory, disciplinary, or remedial - have been determined.
The college wants its students to be safe, to receive appropriate medical
attention, and to get the help they need to heal and to continue to access
their educational opportunities. Upon receiving a report of sexual
misconduct, the college will provide the victim, or the victim’s advocate, with
a written explanation of the interim measures available on campus or through
local community resources and will ask victims, or their advocates, what
measures are sought. The college will determine which measures are
appropriate for a particular victim on a case-by-case basis. If the
victim or the victim’s advocate identifies an interim measure that is not
already provided by the college, the college will consider whether the request
can be granted. In those instances where interim measures affect both a
victim and the alleged perpetrator, the college will minimize the burden on the
victim wherever appropriate.
A victim of sexual misconduct, or the
victim’s advocate, may request the interim measures listed below. The
college, after consulting with the victim or the victim’s advocate, will
determine which measures are appropriate to ensure the victim’s safety and
equal access to educational programs and activities:
-
Assistance in arranging for alternative college employment arrangements or changing work schedules
-
A "no contact" directive pending the outcome of an investigation. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another
-
Providing an escort to ensure that the victim can move safely between educational programs and activities
-
Assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support, and services
The college will work with victims or their advocates to identify what interim measures are appropriate in the short-term (e.g., during the pendency of an investigation or other college response), and will continue to work collaboratively throughout the college's processes and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the victim safe.
If a victim or a victim's advocate requests any of the above measures on the victim's behalf without disclosing that sexual misconduct is the basis for the request, the college will consider these requests for supportive measures consistent with its general policy of allowing advocates to seek such measures for victims of trauma without requiring that the nature of the trauma be disclosed.
IV. Investigation Procedure and Protocol
The college’s Title IX coordinator is
responsible for receiving, investigating, and coordinating the response to
reports of sexual misconduct policy violations at HCC. Once the college
knows or reasonably should know of possible sexual misconduct, it must take
immediate and appropriate action, in accordance with its internal procedures,
to investigate or otherwise determine what occurred. This obligation
applies to sexual misconduct covered by this policy regardless of where the
sexual misconduct allegedly occurred, regardless of whether a concurrent law
enforcement investigation or action is pending, and regardless of whether a
formal complaint is filed.
A number of college employees will be
trained in conducting a formal investigation and may be designated by the Title
IX coordinator to assist as appropriate and if needed. As part of the
investigation, the investigator will meet with the reporting party to gather as
much information as available about the alleged violation. The
investigator should additionally interview anyone involved with the alleged
violation in order to collect evidence and information.
Both the complainant and the respondent in
an investigation have equitable rights to review evidence and participate in
meetings specific to the investigation.
A request for confidentiality by the
individual reporting alleged sexual misconduct may limit, but not prohibit, the
college’s ability to limit the effects or prevent recurrence of alleged sexual
misconduct.
V. Grievance and Adjudication Procedures
Any alleged violation of this sexual
misconduct policy will be adjudicated under the procedures outlined by the HCC
student code of conduct in the case of an alleged violation by a student
enrolled at HCC and by procedures otherwise applicable to adjudication of
employee and third party alleged misconduct. The procedures,
participants, sanctions and appellate process all apply to these proceedings
related to alleged violations of this policy. However, to the extent such
procedures are not otherwise specified or are in conflict with any procedures
outlined by the HCC student code of conduct or the procedures applicable to the
investigation of employee or third party conduct, the following procedures
specific to the adjudication of violations of this sexual misconduct policy
will apply:
- The parties to the proceeding will have equitable rights including: notice of hearings to both parties; an opportunity for both parties to present witnesses and other evidence, such as information about the specific alleged violation but not about the complainant’s prior sexual conduct with anyone other than the respondent.
- For hearings related to an alleged violation of the sexual misconduct policy, neither the complainant nor the respondent are required to be present in the same room. Accommodations, including but not limited to listening to and participating in the hearing over the phone, may be made to allow either party to participate in the process without being present at the hearing location. Further, neither the complainant nor the respondent need to participate in the hearing as a prerequisite to proceed with the hearing. Failure of the complainant or respondent to appear at the hearing, after proper notice, will result in the committee making a decision through the hearing process in their absence.
- The respondent cannot cross examine or personally question the complainant, and the complainant cannot cross examine or personally question the respondent. If the respondent or the complainant has questions for the other party, they may submit those questions to the hearing chairperson during the hearing. The hearing chairperson may use the submitted questions to inform which questions the hearing panel asks.
- The parties will be afforded similar and timely access to information to be used during the proceeding.
- The parties are entitled to the same opportunities to have others present during the proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an adviser of their choice. For proceedings related to an alleged violation of the sexual misconduct policy, the adviser of choice can include legal representation. The adviser’s role is to provide personal counsel and support to the respondent or complainant, but not to present the case or address the hearing panel, hearing Chairperson or other participants in the process. The adviser may not serve as a witness in the conduct proceeding. Disruptive advisers will be removed from the process at the discretion of the hearing Chairperson, and the process will continue. If the adviser does not appear at the hearing, after proper notice to the complainant or respondent, the hearing process will continue in the adviser’s absence.
- The preponderance-of-the-evidence (i.e., more likely than not) standard will be applied as the standard of review for determining findings of fact; used in any Title IX fact-finding and related proceedings, including any hearing.
- Evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual misconduct.
- The appeal process will be equally available to both parties.
- Either party has the right to appeal the outcome of the complaint if not satisfied with the result. A written appeal must be filed in writing within seven business days of the outcome or resolution. Appeals involving a complaint of sexual misconduct made against a student should be filed with the vice president of academic affairs. Appeals involving a complaint of sexual misconduct made against an employee should be filed with the vice president of administration and finance. The appeal should state the reason(s) for the appellant’s belief that the outcome is unsatisfactory and provide evidence to support those reasons.
- Appeals will only be granted (1) when sanctions are substantially disproportionate to the offense, where mitigating factors warrant a reduced sanction or aggravating factors warrant a greater sanction; (2) if procedural errors or conduct of the investigation were so substantial as to effectively deny fundamental fairness; or (3) if new and significant evidence became available that could not have been discovered by a properly diligent party before or during the original investigation. If one or more of the above criteria are met, the vice president will review the appeal and issue a written decision within 30 days after its receipt. The decision of the vice president is final.
Mediation is never appropriate in sexual
assault cases and will not be used at the college.
Any party participating in a proceeding may
raise issues related to potential conflicts of interest of investigators or
other individuals participating in the adjudication process by contacting the
Title IX coordinator.
As permitted by law, the college will
notify the parties concurrently, in writing, about the outcome of the complaint
and whether or not sexual misconduct was found to have occurred. The college
will also concurrently inform the parties of any change to the results or
outcome that occurs before the results or outcome become final, and the
institution must inform the parties when the results or outcome become
final. In addition, HCC will not require either participant to abide by a
nondisclosure agreement in writing or otherwise that would prevent the
re-disclosure of information related to the outcome of the proceeding.
VI. Prompt Resolution
If there is a determination that sexual
misconduct has occurred, prompt and effective steps to eliminate the sexual
misconduct, prevent its recurrence, and address its effects will be taken.
- Prompt generally means within 60 calendar
days from the time a report is brought to the college’s attention until an
initial decision is rendered.
- There may be circumstances that prevent the
college from meeting the 60-day timeline. In such circumstances, the
college will document the reasons why it was unable to meet the 60-day
timeline.
VII. Training
A. Prevention and Awareness Education
The college will develop and implement
preventive education directed toward both employees and students. These
educational initiatives will contain information regarding what constitutes
sexual misconduct, definitions of consent and prohibited conduct, the college’s
procedures, bystander intervention, risk reduction, and the consequences of
engaging in sexual misconduct. These educational initiatives will be
provided for all incoming students and new employees. The college will
also develop ongoing prevention and awareness campaigns for its students and
employees addressing the same information.
HCC will provide on-going education and
awareness information about this sexual misconduct policy and related
procedures through student orientation, workshops, handouts, letters, poster
campaigns, and other outreach activity targeted at the general student
population as well as athletes and other campus leaders.
B. Annual Training Related to Implementation of Policy
HCC employees will receive annual training
on how to report incidents of sexual misconduct as well as how to effectively
support victims. In addition, public safety personnel, the Title IX
coordinator, campus investigators, and participants in the adjudication process
will participate in appropriate annual training to assist them in meeting their
responsibilities related to implementation of this policy.
Title IX Compliance Oversight
A. Title IX Coordinator
The president will appoint a Title IX
coordinator responsible for coordinating the institution’s efforts to comply
with and carry out its responsibilities under Title IX.
The Title IX coordinator must have adequate
training on the requirements of Title IX, including what constitutes sexual
misconduct, consent, credibility assessments, and counter-intuitive behaviors
resulting from sexual misconduct. The coordinator must understand how
relevant institution procedures operate and must receive notice of all reports
raising Title IX issues at the college.
B. Title IX Team
The Title IX coordinator may identify a
Title IX team, which may include the Title IX coordinator, Deputy Title IX
coordinator, Title IX investigators, and representatives from campus public
safety and the office of human resources. The Title IX coordinator will
be responsible for coordinating the activities of the Title IX team.
C. Notice of Nondiscrimination
1. Content
The college will publish a notice of
nondiscrimination that contains the following content:
a. Title IX prohibits the
college from discriminating on the basis of sex in its education program and
activities;
b. Inquiries concerning
the application of Title IX may be referred to the college’s Title IX
coordinator or the Office for Civil Rights; and
c. The Title IX
coordinator and any Title IX team member’s title, office address, telephone
number and email address.
2. Dissemination of
Notice
The notice will be widely distributed to
all students, employees, applicants for admission and employment, and other
relevant persons. The notice will also be prominently displayed on the
college’s website and at various locations throughout the campus, and must be
included in publications of general distribution that provide information to
students and employees about the college’s services and policies. The
notice should be available and easily accessible on an ongoing basis.
VIII. Legal Sufficiency Review
The college will ensure that sexual
misconduct cases involving sexual assault undergo an appropriate legal
sufficiency review by counsel prior to any decision.
IX. Record Keeping
The college will maintain records of
actions taken under this policy, including, but not limited to, records of any
reports of sexual misconduct, records of any proceedings or resolutions, and
records of any sexual misconduct trainings (including, but not limited to,
lists of trainees, dates of training, and training content), and will maintain
such records in accordance with the college’s records retention
schedule.
Students who wish to report a concern or complaint related to sex discrimination may do so by reporting to:
Cynthia Peterka, Vice President of Student Services
Title IX Co-Coordinator
Howard Community College
10901 Little Patuxent Parkway, MH-258
Columbia, MD 21044
443-518-4809
David Jordan, Associate Vice President of Human Resources
Title IX Co-Coordinator
Howard Community College
10901 Little Patuxent Parkway, N-100
Columbia, MD 21044
443-518-1100
Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education:
Office for Civil Rights (OCR)
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Customer Service Hotline: (800) 421-3481
Facsimile: (202) 453-6012
TDD: (800) 877-8338
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr