Sexual Misconduct Policy

1. Policy

Moberly Area Community College (MACC) is committed to providing an environment for its students, faculty, staff, and visitors free from discrimination on the basis of sex (including pregnancy and marital status), gender identity, and sexual orientation. MACC maintains a strict policy prohibiting sexual misconduct in any form, to include sexual harassment, sexual discrimination, and sexual violence (rape, sexual assault, and other sexual offenses, dating violence, domestic violence, and stalking). On this page you will find MACC’s Sexual Misconduct Policy, as well as several links to the left that will lead you to additional information. This policy applies to students and employees, as well as third parties. This policy takes effect August 1, 2024 and only applies to complaints of behavior which occurred on or after August 1, 2024.

MACC is dedicated to ensuring a prompt compassionate response to any report of sexual misconduct. To report possible misconduct, ask questions or communicate concerns, contact:

Renee Hall, MACC Title IX Coordinator
Phone: 660-263-4100, ext. 12160
Email: reneef@macc.edu

2. Commitment to Prohibit Sexual Misconduct

MACC is committed to providing an environment for its students, faculty, staff, and visitors free from discrimination on the basis of sex (including pregnancy and marital status), gender identity, and sexual orientation. MACC maintains a strict policy prohibiting sexual misconduct in any form, to include sexual harassment, sexual discrimination, and sexual violence (rape, sexual assault and other sexual offenses, dating violence, domestic violence, and stalking). This policy applies to students and employees as well as third parties.

Response options are available through MACC policies and/or local, state, and federal law enforcement agencies for any persons have been sexually harassed, have experienced sexual discrimination, or have been a victim of sexual assault or other sexual misconduct which impacts their educational experience or employment environment.

Any person found to be in violation of this Sexual Misconduct Policy will be subject to action by MACC, up to and including dismissal. A complainant may wish to report to law enforcement agencies. If a report to law enforcement agencies is desired, the Title IX Coordinator, or their designee, would be able to assist.

MACC complies with all laws and regulations governing how colleges and universities handle sexual offenses. This policy outlines institutional procedures to meet the requirements of Title IX, the Violence against Women Reauthorization Act of 2013, the Campus Sexual Violence Act (CampuSaVE Act), and the Clery Act.

If any person feels MACC is not meeting their federal regulatory requirements, regulatory complaints may be submitted to:

Title IX and Clery Act	Title VII
U.S. Department of Education One Petticoat Lane 1010 Walnut Street, Suite 320 Kansas City, MO 64106 Phone: 816.268.0550 Fax: 816.268.0559 ocr.kansascity@ed.gov	U.S. Equal Employment Opportunity Commission Robert A. Young Federal Building 1222 Spruce Street, Room 8100 St. Louis, MO 63103 Phone: 314.798.1960 Fax: 314.539.7894 TTY: 1.800.669.6820

3. Options for Assistance

Community Assistance

The following non-MACC affiliated resources/shelters can provide an immediate, confidential response in a crisis situation and can assist an individual in obtaining needed resources and can provide guidance with reporting options and processes. These confidential contacts may also provide an advocate to accompany an individual to the hospital for treatment.


Safe Passage, Moberly Hotline: 800-616-3754 Hotline: 660-269-8111 Phone: 660-269-8111 www.safepassagemoberly.org
True North Shelter, Columbia Toll Free Crisis Line: 800-548-2480 Crisis Line: 573-875-1370 Crisis Line for Deaf: 800-380-3323 Phone: 573-875-1370 https://truenorthofcolumbia.org/
Audrain County Crisis Intervention Services, Mexico Hotline: 800-246-2280 Phone: 800-246-2280 audraincountycrisis.org
Avenues, Hannibal Hotline: 800-678-7713 Hotline: 573-221-4280 Phone: 573-221-4280 http://avenueshelp.org
Coalition Against Rape and Domestic Violence (CARDV), Fulton Help Line: 573-642-4422 Business Office: 573-642-1418 http://callawaycardv.org

The following emergency numbers are available to report sexual misconduct or an emergency situation.

MACC Director of Security and Residential Life	660-263-4100 x11247 or 660-833-6990
MACC Title IX Coordinator	660-263-4100 x12160
Moberly Police	660-263-0346
Columbia Police	573-874-7652
Hannibal Police	573-221-0987
Kirksville Police	660-665-5621
Mexico Public Safety	573-473-5800

A victim of sexual assault should seek preventative treatment and treatment for injuries, as well as preserve evidence by being examined at a hospital. To preserve evidence, an individual should not bathe or change clothes or do any cleaning up in any manner prior to receiving medical assistance. The following local hospitals are trained to use a rape kit and perform examinations for evidence:

Moberly Regional Medical Center 1515 Union Avenue Moberly, MO	660-263-8400
University of Missouri-Columbia Hospital and Clinics 1 Hospital Drive Columbia, MO	573-882-4141
Hannibal Regional Hospital 6000 Hospital Drive Hannibal, MO	573-248-1300
Northeast Regional Medical Center 315 South Osteopathy Kirksville, MO	660-785-1000

Institutional Resources

The following options exist for counseling, advocacy, and support for victims of sexual misconduct. These resources are available whether or not an individual chooses to make an official report to the College or to law enforcement.

MACC Student Assistance Program

(Provided through H&H Health Associates, Inc.)

314-845-8302 or 800-832-8302

info@hhhealthassociates.com

www.hhhealthassociates.com

MACC Employee Assistance Program

(Provided through United Healthcare)

888-887-4114

myuhc.com

The Employee/Student Assistance Program (EAP/SAP) offers counseling services and/or legal advice for both the complainant and the respondent involved in cases of sexual assault, harassment, discrimination, or other sexual misconduct. All services are confidential and at no cost to all students, employees, family members, significant others, and anyone residing in the student’s or employee’s household. Access to the EAP/SAP is 24/7 by phone or in person by appointment. EAP/SAP staff will be able to connect an individual with a local counselor to meet face to face by appointment. In crisis situations, counselors are available to talk by phone 24/7. The EAP/SAP provides short-term, solution- focused counseling. Although there is no charge for services provided under the benefit, the benefit does have limits on the level of service and length of time a service will be provided at no cost. If there is a need for longer-term treatment, EAP/SAP counselors will be able to help with appropriate recommendations and referrals.

4. Definitions

Coercion
Coercion occurs when someone is pressured, threatened, or compelled without the use of force to engage in sexual behavior. This can occur because of power imbalance between the parties. Additionally, repetition, threat of humiliation, or making someone believe they are obligated to engage in sexual behavior. Repetition of requests for sexual behavior is a common example of sexual coercion.

Complaint
An oral or written request to MACC that can objectively be understood as a request for MACC to investigate and make a determination about the alleged policy violation(s).

Complainant
Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual misconduct or sexual harassment under this policy.

Consent
Consent means that both people in a sexual encounter must agree to it, and either person may decide at any time that they no longer consent and want to stop the activity. Consenting to one behavior does not obligate a person to consent to any other behaviors; consenting on one occasion also does not obligate a person to consent of any other occasion; consenting to have sexual intercourse with one person does not imply a person consents to have sexual intercourse with another person; consenting means only that at this particular time a person would like to engage in this particular sexual behavior. Consent can be withdrawn at any time, and coercion, force, or threat of either invalidates the consent. An individual who is incapacitated (e.g., due to the use of alcohol or other drugs, is injured, is asleep or unconscious, or has a physical or mental disability) cannot consent. Silence or an absence of resistance does not imply consent.

Decision-maker
The person(s) who hears evidence, determines relevance, and makes the final determination of whether Policy has been violated and/or assigns sanctions.

Education program or activity
Locations, events, or circumstances where MACC exercises substantial control over the context in which the discrimination, harassment, and/or retaliation occurs and also includes any building owned or controlled by a student organization that MACC officially recognizes.

Employee
A person employed by MACC either full- or part-time, including student employees when acting within the scope of their employment.

Evidence summary report
A report created by the investigators and provided to the parties prior to the determination of policy violation. The report includes information related to evidence gathered and used in the investigation, a summary of the incident as determined by the investigators, and a list of witnesses. The report will not include a determination, analysis, or a credibility assessment.

Final determination
A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.

Finding
A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of facts”).

Force
Force can be threats of or actual physical violence to compel the complainant to engage in the sexual act. Force can also take on the form of coercion, threats to others, threats to humiliate, or intimidation. In instances of force, the victim often acquiesces and provides verbal agreement to engage in the behavior when actual consent is not provided.

Grievance process advisor
Any person chosen by a party, or appointed by MACC, who may accompany the party to all meetings related to the resolution process and advise the party on the process.

Impermissible
Evidence or questions that relate to the complainant’s sexual interests or prior sexual conduct which may not be raised in the investigation, unless 1) evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct, or 2) is evidence about the specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent.

Incapacitation
Incapacitation is evidenced in sexual harassment and sexual violence when the complainant has indicated through behavior they are no longer able to make reasonable or rational decisions.
Incapacitation can result because a person is unconscious, asleep, under the influence of drugs or alcohol, involuntary restraint, or suffers from permanent or temporary mental or physical health concerns, or has been provided drugs which lead to incapacitation. In cases of incapacitation, it is necessary for the respondent to have been reasonably able to tell a person was incapacitated.

Informal resolution
A resolution agreed to by the parties and approved by the Title IX Coordinator or their designee that occurs prior to a final determination in the resolution process.

Investigation
Investigations are conducted when a formal complaint is submitted regarding a violation of this policy. The investigation is completed by one or more trained investigators. The investigation gathers evidence to determine relevance to the allegations, conducts interviews, and prepares a report.

Investigation report
The investigator’s summary of all relevant evidence, analysis, credibility, and determination of the investigation.

Investigator
The person(s) authorized by MACC to gather facts about an alleged violation of this policy, assess relevance and credibility, synthesize the evidence, make a determination of a violation, and compile this information into an Investigation Report.

Jurisdiction
Locations, events, or circumstances in which MACC exercises substantial control over both the respondent and the context in which the conduct occurred, circumstances where MACC has disciplinary authority, misconduct that occurs outside of the program and has impact on the academic program or activity, and to misconduct occurring within any building owned or controlled by an MACC recognized student organization.

Knowledge
When MACC receives notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.

Mandated reporter
An MACC employee who is obligated by policy to share knowledge, notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX Coordinator. All MACC employees are considered mandated reporters.

Notice
When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.

Pregnancy or related conditions
Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.

Relevant
Materials, information, testimony, or questions that may aid a decision maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the parties or witnesses.

Report
An oral or written communication to the Title IX Coordinator or deputy Title IX Coordinators of behavior which may be a violation of this policy but does not include a request investigate and make a determination about the alleged policy violation.

Resolution process
The investigation and resolution of allegations of prohibited conduct under this policy, including informal resolution and formal resolution.

Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct or sexual harassment.

Retaliation
An adverse action, including intimidation, threats, coercion, or discrimination, against any person, by MACC, a student, employee, or a person authorized by the MACC to provide aid, benefit, or service under the MACC’s education program or activity, for the purpose of interfering with any right or privilege secured by law or policy, or because the person has engaged in protected activity, including reporting information, making a complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or adjudication process under this policy, including the informal resolution process, or in any other appropriate steps taken by the MACC to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.

Sanction
A consequence imposed on a Respondent who is found to have violated a policy.

Sex
Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Standard of proof
The standard of proof is the evidentiary measurement by which a determination of a policy violation is decided. MACC utilizes the preponderance of the evidence standard which is defined as more likely than not.

Student
Any person who has gained admission and/or is progressing in a program. A student who has discontinued enrollment for six months or more is no longer considered a student unless that leave is related to a disciplinary sanction, an accommodation for pregnancy, or some other health related leave. A person who has student status who subsequently graduates, is dismissed, or withdraws is no longer considered a student at the time of those actions.

Supportive measures
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after filing of a formal complaint or where no formal complaint has been filed. Examples of supportive measures include but are not limited to counseling; extensions of deadlines or other course related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or housing locations; increased security and monitoring of certain areas; leaves of absence; or other similar measures.

5. Pregnancy or Related Conditions

MACC students or employees who are pregnant have protections under Title IX related to pregnancy or pregnancy related conditions. Pregnancy or pregnancy related conditions include pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom. It is the responsibility of the Title IX Coordinator and MACC to ensure equal access to the educational program or activity for a student or employee who is pregnant. The Title IX Coordinator will partner with the Director of Access/ADA to ensure these protections are applied appropriately.

Any MACC employee, who becomes aware of another employee or student pregnant, must provide the pregnant individual with the Title IX Coordinator’s contact information and that Title IX resources may be available to the employee or student by contacting the Title IX Coordinator.

Reasonable accommodations for pregnancy or pregnancy related conditions under Title IX include but are not limited to:

Breaks for eating, drinking, using the restroom, or other health needs.
Absences to attend medical appointments related to the pregnancy or recovery therefrom.
Access to online education when reasonable.
Changes in schedule or course sequence.
Extension of time for coursework and rescheduling of examinations.
Allowing to sit or stand as needed.
Changes in physical space.
Protective gear.

In some instances, a voluntary leave of absence may be an appropriate accommodation. A student returning from leave will be returned to the same academic status they held at the time of the leave. Leave may have consequences for:

Financial aid
Timeline of progression in the program
Other program related consequences based on the specifics of the program

MACC is expected to make reasonable modifications to the academic program or activity. MACC is not required to make accommodations that fundamentally alter an MACC program or activity. Modifications which would be unduly burdensome or cause significant expense are generally not considered reasonable.

MACC will provide a lactation space at MACC locations. The lactation space may not a bathroom and will be clean, shielded from view, and free from intrusion.

Except for the Title IX Coordinator (or designee) or the Director of Access/ADA (or designee), MACC employees may not request documentation related to the pregnancy. The Title IX Coordinator (or designee) or Director of Access/ADA (or designee) should only request documentation when it is necessary and reasonable for MACC to determine the reasonable modifications to make or take additional specific actions.

MACC may treat pregnancy or pregnancy-related conditions in the same manner and the same policy(ies) as any other temporary medical condition.

6. Prohibited Conduct

Conduct may be prohibited under Title IX, Sexual Misconduct, or both. All definitions of offenses listed below include actual and/or attempted offenses. Multiple allegations may be combined into one investigation or evaluated individually based on the fact pattern. All violations of this policy must be considered with free speech protections. If it is determined the behavior committed by the respondent is protected by free speech, it will not be considered a violation under MACC policy.

Allegations of violations of this policy are investigated if they occur within MACC’s program or activity, have an impact on MACC’s program or activity, or would be adjudicated similarly by another MACC policy.

Hostile environment
Unwelcome conduct determined by a reasonable person to be so severe or pervasive and objectively offensive that it effectively denies a person equal access to the college’s education program or activity or alters the conditions of employment from both a subjective (the alleged victim’s) and an objective (a reasonable person standard) viewpoint.

Quid pro quo sexual harassment
By a person having power or authority over another constitutes sexual harassment when submission to sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, developmental, or performance. This includes when submission to such conduct would be a condition for access for receiving the benefits of any educational or employment program.

Sexual assault
Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, it includes offenses that meet the definition:

Sex Offenses, Forcible—Any sexual act directed against another person, without the consent of the complainant including instances where the complainant is incapable of giving consent. This includes attempts to commit any of the below acts.
Forcible Rape—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 complainant.
Forcible Sodomy—Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will (non-consensually) in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physically incapacity.
Sexual Assault with An Object—To use an object or instrument to 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 (non-consensually) in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
Forcible Fondling—The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non- consensually) or not forcibly or against that person’s will in instances where the complainant is incapable of giving consent because if age or because of temporary or permanent mental or physical incapacity.
Sex Offenses, Nonforcible—Nonforcible sexual intercourse. This includes attempts to commit any of the below acts.
- Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by state law.
- Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent where the violation occurs.

Dating Violence
Dating violence means violence which is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors including the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes but is not limited to sexual or physical abuse or the threat of such abuse.

Domestic Violence
A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with, the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws or jurisdiction.

Stalking
Stalking is a course of conduct that is directed at a specific person, is unwelcome, and would cause reasonable person to feel fear for their safety or the safety of others or suffer substantial emotional distress. The acts of a stalker may include, but are not limited to, following a person or making unwanted communication or unwanted contact with a person directly; indirectly; online; or through third parties.

Retaliation
Accused individuals and employees shall not intimidate, harass, coerce, or otherwise retaliate against individuals who report sexual discrimination, sexual harassment, or sexual assault; file a sexual misconduct complaint; assist someone in reporting sexual misconduct or filing a complaint; participate in any manner in an investigation of sexual misconduct; or protest any form of sexual misconduct.

Intimidation
Intimidation is intentional behavior on the basis of sex that would cause a reasonable person fear of injury or harm.

False allegations
False allegations are deliberately and knowingly false claims that a party has violated this policy. To make a false allegation is considered a violation of this policy. An allegation made in good faith but is found to not be a policy violation or accidentally erroneous is not considered a false allegation.

7. Title IX Coordinator

It is the policy of Moberly Area Community College, in accord with providing a positive, discrimination- free educational and work environment, that sexual misconduct in the work place or the education environment is unacceptable behavior that will not be tolerated. Any student, employee, or visitor who believes they have witnessed or been the victim of sexual misconduct should report the incident to the Title IX Coordinator as soon as possible following the incident. All employees are required to report allegations of violations of this policy to the Title IX Coordinator. If the allegation is against the Title IX Coordinator, the report should then be made to the Director of Security and Residential Life.

MACC’s Title IX Coordinator is responsible for coordinating all activities related to Title IX compliance. These responsibilities include ensuring policy compliance with federal and state laws; attending appropriate training; providing education of Deputy Title IX Coordinators, Title IX investigators and decision makers; developing and implementing educational efforts designed to prevent sexual misconduct; ensuring timely resolution to all investigations and complaints; maintaining grievance files and records; developing an annual report of the number of and nature of filed complaints; and serving as principal contact for government inquiries pursuant to Title IX.

A complaint may be filed with the Title IX Coordinator and/or Deputy Coordinator in person, via phone, electronic meeting, by mail, or by electronic mail. A Sexual Misconduct Report Form is available on the MACC website, on MyMACC, and in hard copy in the Office of Student Affairs at each location. The Sexual Misconduct Report Form should be submitted to the Title IX Coordinator. An anonymous Sexual Misconduct Report Form can be submitted. Anonymous reports may limit the extent to which sexual misconduct can be investigated.

The Title IX Coordinator is appointed by the President of MACC. The coordinator receives training in state and federal laws, as well as College policy as related to Title IX. The Title IX Coordinator can be reached via phone, email, or in person:

Renee Hall, Title IX Coordinator
Associate Dean of Instruction
Moberly Area Community College
MACC Columbia – Room 115
601 Business Loop 70 West, Suite 216
Columbia, MO 65203
(660) 263-4100 ext.12160
reneefield@macc.edu

Aleesha Coke, Deputy Title IX Coordinator
Director of Site Operations & Student Affairs
MACC Columbia – Room 101
601 Business Loop 70 West, Suite 216
Columbia, MO 65203
660-263-4100 ext. 12115
aleeshacoke@macc.edu

Chad Wilson, Deputy Title IX Coordinator
Director of Advising and Enrollment
MACC Mexico – Room 107
2900 Doreli Lane
Mexico, MO 65265
(660) 263-4100 ext. 13601
chadwilson@macc.edu

Tasha McKim, Deputy Title IX Coordinator
Director, MACC Kirksville
2105 E. Normal Street
Room 101
Kirksville, MO 63501
(660) 263-4100 ext. 15013
tashamckim@macc.edu

Josie Slater, Deputy Title IX Coordinator Director
MACC Hannibal
190 Shinn Lane
Room 103
Hannibal, MO 63401
660-263-4100 ext. 14027
josieslater@macc.edu

Lori Bruner
Director of Campus Security & Residential Life
MACC Moberly – Komar Hall Room 112
101 S. College Avenue
Moberly, MO 65270
(660) 263-4100 ext. 11247
loribruner@macc.edu

While a sexual misconduct complaint or concern can be brought forth from many sources, they are all brought to the Title IX Coordinator for review. The Coordinator ensures that MACC’s policy is followed and that investigation is conducted promptly and thoroughly.

8. Reporting - Making a Complaint - Confidentiality

Any person may report sex discrimination, sexual misconduct, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, via telephone, or by any other means that results in the Title IX Coordinator having knowledge of a potential policy violation. The report may be made at any time (including during non-business hours) by phone, electronic mail, or by mail to:

Renee Field Hall, Deputy Title IX Coordinator
Associate Dean of Instruction
MACC Columbia – Room 115
601 Business Loop 70 West, Suite 216
Columbia, MO 65203
(660) 263-4100 ext.12160
reneef@macc.edu

A report (verbal, in writing, or otherwise communicated) of a potential violation of this policy does not always trigger an evaluation of the complaint which may result in an investigation. In the instance of a report, MACC will notify the complainant of their opportunity to file a complaint and explain the grievance process. MACC will also offer appropriate supportive measures.

A complaint (verbal, in writing, or otherwise communicated) of a potential violation of this policy does trigger an evaluation of the complaint which may result in an investigation. In the instance of a complaint, MACC will provide explanation of the grievance process and provide appropriate supportive measures.

Response to an allegation of sex discrimination, sexual misconduct or sexual harassment occurs upon MACC having knowledge of the allegation. The College will keep confidential the identity of complainants, respondents, and witnesses, except as may be permitted by FERPA, or as required by law, or as necessary to carry out a Title IX proceeding.

Responsible Employees (Mandated Reporters)

All MACC employees are considered responsible employees (i.e., mandated reporters), and as such are expected to promptly contact the Title IX Coordinator when they become aware of an incident of sexual misconduct, regardless of whether the recipient is an employee, a student, a volunteer, or a visitor to the College.

When an individual tells a responsible employee about an incident of sexual misconduct, the individual has the right to expect that the responsible employee will notify the Title IX Coordinator. To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report.

Before an individual reveals any information about sexual misconduct to a responsible employee, the employee should ensure that the individual understands the employee’s reporting obligations, and, if the individual wants to maintain confidentiality, direct the individual to confidential resources. If the individual wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the individual that they are required to report the details of the incident (including names of the individuals involved) to the Title IX Coordinator. In many instances, it may not be possible for the employee to explain their requirements to report prior to a disclosure. Failure to be able to explain reporting requirements does not change the employees mandate to disclose the information to the Title IX Coordinator.

The information reported to the Title IX Coordinator may also be used (without the victim’s name) to issue timely warnings, which are required by the Clery Act. If applicable, the incident must be reported in the Annual Security Report (anonymously, as a statistic), which is also mandated by the Clery Act.

Privileged and Confidential Communications

MACC encourages victims of sexual misconduct to talk about their experience so they get the support they need. Should an individual decide not to pursue the incident by criminal or institutional processes, an individual can and should contact a confidential source to seek guidance.

Professional licensed counselors and pastoral counselors as well as non-professional counselors and advocates who provide mental health counseling or services to members of the school community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX Coordinator without a victim’s permission. MACC does not offer on-site professional or pastoral counseling services; however, these confidential services are available off-site through the College’s Employee/Student Assistance Program or through community agencies, such as those identified in Section II of this policy.

9. Complaint Procedures

Individuals who believe that they have encountered sexual misconduct by another employee or student of the College is encouraged to report the encounter to the Title IX Coordinator or Deputy Title IX Coordinator. The individual also has the option to make a criminal report to local authorities.

Criminal Complaint

The option to pursue criminal charges in the complainant’s choice. If a complainant is unsure of how to make a report to law enforcement, the Title IX Coordinator will provide information about how to contact law enforcement. A report made to law enforcement does not constitute notice to the college even if the Title IX Coordinator provides information about making a report to law enforcement.
Likewise reporting sexual misconduct to a College official does not substitute for notification of appropriate law authorities. A complainant may move forward with both a complaint to law enforcement and the College simultaneously.

Complaints in Conjunction with Other Policy Violations

In cases where an individual alleging sexual misconduct may also allege other violations MACC policies, such as the drug/alcohol policy or student conduct policy, the College will review these policy violations together under this policy to ensure all due process protections are satisfied.

The College encourages individuals to report when they have encountered sexual misconduct, despite their own involvement in other policy violations. The College will either grant amnesty to the complainant or respond to the other violation as an educational matter rather than as a disciplinary matter. The College’s policy on the usage of alcohol and other drugs may be found in the Policy Handbook, item C.010. The College’s policy on student conduct may be found in the Policy Handbook, item F.020.06.

Complaint

A complaint of sexual misconduct, sex discrimination, sexual harassment may be filed with the Title IX Coordinator and or Deputy Title IX Coordinator in person, by mail, via phone, by electronic meeting, or by electronic mail. A complaint may be in writing or verbal. A complaint must be able to be objectively understood by the College to be a request for an investigation and determination of a policy violation. A Sexual Misconduct Report Form is available, located in electronic format on the MACC website and MyMACC, and in hard copy in the Office of Student Affairs at each MACC location. All Sexual Misconduct Report Forms will be forwarded to the Title IX Coordinator.

Statistical information without identifying information will be forwarded to the Director of Security and Residential Life for Clery Reporting. Clery Reporting does not indicate names or other identifying information of the parties involved. Information related to an ongoing threat to the campus community may also be forwarded to the Director of Security and Residential Life for a Timely Warning or Emergency Notification. In instances of a Timely Warning or Emergency Notification, complainant information is not shared publicly.

Upon receipt of complaint, all allegations of sexual harassment will be processed through this policy. The alleged conduct must meet one or more of the definitions of Prohibited Conduct (Please see section VII, Prohibited Conduct). The alleged conduct must meet the definitions of a policy violation and have occurred within the program or activity, or have an impact on the program or activity by MACC. This includes locations, events, or circumstances in which MACC exercises substantial control over both the respondent and the context in which the sexual harassment occurs and also includes any building owned or controlled by MACC or organizations recognized by MACC.

If the allegations in a complaint under this policy are dismissed, the alleged behavior may be reviewed under other MACC policies.

10. Prevention and Education

MACC fosters a culture or respect amongst the campus community with its vision and value statements and by its setting of standards and expectations that are reinforced by the College’s conduct, complaint, and sexual misconduct policies. Literature on date rape education and risk reduction, as well as MACC response, is available through the MACC Security Office. Educational resources are available online through the Student Assistance Program and Employee Assistance Program at www.hhhealthassociates.com. Additionally, the Director of Security and Residential Life conducts a climate survey on an annual basis in order to better understand sexual misconduct as perceived by MACC students and employees. Information gathered from this assessment tool is used to determine further training and/or prevention efforts needed.

All MACC employees are required to complete training on preventing sexual violence and discrimination within their first thirty days of employment. An online resource is used to provide and track employee training. MACC also provides training for employees by hosting speakers on topics such as sexual harassment prevention. Additionally, key personnel attend seminars and workshops on Title IX, the Clery Act, and more.

For students, MACC also utilizes online training that covers topics related to the Clery Act, VAWA, and Title IX, such as students’ rights and responsibilities; preventing sexual violence, dating violence, stalking, harassment and bullying; navigating partying, drugs and alcohol; and acting as allies for others in need. The online resource covers a full range of topics related to the Campus SaVE Act, including: Sexual Violence; Bystander Intervention; “Men as Allies;” Concepts of Consent, No-Consent, and Continuous Consent; Gender Sensitivity; and Use of Drugs and Alcohol. Dorm residents, student athletes, and cheerleaders are required to complete training through the online program; however, the training is available to all MACC students. Additionally, MACC educates students about sexual assault and date rape prevention during fall orientations and through informational programs available upon request.

11. Grievance Process

In compliance with the revised 2024 Title IX published in the Federal Register May 15, 2024, MACC has developed a grievance process to address formal complaints of sexual harassment, as a form of prohibited sexual discrimination.

In order for a complaint of sexual harassment to be reviewed and/or resolved through this policy, it must consist of prohibited conduct outlined in section VII, “Prohibited Conduct.

The grievance process is available when a complaint falls within the College’s Title IX jurisdiction, which includes locations, events, or circumstances in which the Recipient exercises substantial control over both the respondent and the context in which the conduct occurred, circumstances where MACC has disciplinary authority, misconduct that occurs outside of the program or activity and has impact on the academic program or activity, and to misconduct occurring within any building owned or controlled by an MACC recognized student organization.

The Title IX Coordinator has the authority to consolidate complaints involving more than one complainant, or against more than one respondent, where the allegations of sex discrimination or sexual harassment arise out of the same facts or circumstances.

Under very limited circumstances, the Title IX Coordinator may exercise the authority to sign a complaint and trigger the grievance process on behalf of the College. In those cases, the Title IX Coordinator is not assuming the role of complainant or any other party and must otherwise comply with rights provided to the complainant and respondent.

Grievance Process Advisors

Complainants and respondents have equal rights to engage the assistance of a grievance process advisor of their choosing during any meeting or proceeding. Process advisors may advise their party throughout the process. Process advisors may not represent or speak on behalf of their party. If either party is not able to identify an advisor of their choice and wishes to have one, a grievance process advisor will be appointed by the Title IX Coordinator to assist them at no cost to the individual. Advisors provided by the college are not attorneys. Grievance process advisors are expected to operate with appropriate decorum.

Initial Evaluation

Upon receipt of report sexual harassment, the Title IX Coordinator will promptly respond to the complainant and provide information on the following:

The opportunity to have an advisor present;
Availability of supportive measures with or without filing a complaint;
Availability of informal resolution options;
The process for filing a complaint;
The rights and responsibilities of a complainant throughout the grievance process.

Upon receipt of a complaint, the Title IX Coordinator will review to see if the complaint meets the threshold for a policy violation or may be dismissed. If the complaint could meet the threshold for a policy violation, the complainant and respondent will receive a notice of investigation and allegations (NOIA). The NOIA will be sent to both parties simultaneously. The NOIA includes:

A meaningful summary of all allegations
The date, time, and location of the alleged incident(s) (if known)
The identity of the involved parties (if known)
The precise misconduct and policy violations being alleged
A description of, link to, or copy of the applicable procedures
A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
The name(s) of the investigator(s) and Title IX Coordinator
A statement that MACC presumes the respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
A statement that retaliation is prohibited
Information about the confidentiality of the process, including that the parties and their advisors (if applicable) may not share MACC work product obtained through the resolution processA statement that the parties may have an advisor of their choice
Detail on how a party may request disability accommodations during the resolution process

After the NOIA has been provided to the parties, the Title IX Coordinator will meet with the respondent, if the respondent wishes, to provide information on the following:

The opportunity to have an advisor present;
Availability of supportive measures;
Availability of informal resolution options;
Assumption of non-responsibility throughout the grievance process;
The rights and responsibilities of a respondent throughout the grievance process.

If a similar meeting has not already happened with the complainant, it will be offered.

Dismissal of Complaints

MACC may dismiss a complaint or any allegation therein at the discretion of the Title IX Coordinator, if at any time:

The complaint would not, if proven, constitute a violation of this policy;
A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw part or all of the complaint and the remaining complaint, if any, would not constitute a potential policy violation if true, and the Title IX Coordinator declines file the complaint on behalf of the College;
The respondent is no longer enrolled or employed at MACC;
MACC is unable to identify the respondent after taking reasonable steps to do so.

Upon determining that a formal complaint will be dismissed, both parties will receive written notice of the dismissal and the reason(s) simultaneously. Dismissal of complaints are appealable. Please see the appeals process under the appeals section.

Emergency Removal

In limited situations, the respondent may be removed from MACC’s educational program or activity on an emergency basis because they pose an immediate threat to the campus community, or cannot otherwise safely participate in an education program or activity while the grievance process is being conducted. In cooperation with the College’s Behavioral Intervention Team, an individualized risk/threat assessment will be conducted to determine whether an immediate physical threat to the health or safety of the respondent or the campus community arising from the formal sexual harassment complaint would justify removal from campus.

If emergency removal of the respondent is deemed necessary as defined above, the respondent will be provided with written notice of the decision and an opportunity to challenge the decision immediately following the removal. An MACC employee who was not involved in the decision to remove the respondent would review any challenge to the decision. The respondent will remain removed from campus community while the challenge is reviewed.

Administrative Leave

A non-student employee respondent may be placed on administrative leave during any part, or the full duration, of Title IX Grievance Process in cooperation with Human Resources.

Informal Resolution

MACC does not require the parties to participate in an informal resolution process. However, at any time prior to reaching a determination regarding responsibility, MACC may support facilitating an informal resolution process that does not involve a full investigation and adjudication provided that both the complainant and respondent are voluntarily agreeable to participating. MACC may determine an informal resolution is not appropriate resolution option based on the fact pattern of the allegations or the power dynamic between the complainant and the respondent.

The option of resolving a complaint through Informal Resolution will be offered to both parties by the Title IX Coordinator at the initial assessment meetings, if it is determined appropriate by the College. Not all allegations of sexual harassment are appropriate to be resolved in an informal resolution. The complainant, respondent, and College must agree it is an appropriate resolution process. The decision to stop formal proceedings and engage in an Informal Resolution may be made at any time during the grievance process, with the voluntary written consent of both the complainant and the respondent and agreement by the College. Likewise, a complainant or respondent has the right to withdraw from an Informal Resolution process and resume the formal grievance process at any time with respect to the complaint. After initiating and stopping the informal resolution process one time by either party the informal resolution process is no longer an option.

Participation in an Informal Resolution process in lieu of the formal resolution process shall not be a condition pf enrollment or continuing enrollment, employment or continuing employment, or waiver of the right to a formal adjudication of the complaint.

Formal Resolution

When an Informal Resolution is not utilized, MACC will utilize a formal process to resolve the complaint. The formal resolution process is a prompt, fair and impartial investigation by unbiased investigator(s). The Title IX Coordinator will assign one or more investigators, who are free from conflicts of interest or bias for or against either the complainant or respondent. The investigators will meet with both the complainant and respondent, individually, to initiate the adjudication process and ensure an understanding of the allegations.

The investigators will seek evidence relevant to the allegations. The parties will have the opportunity to identify witnesses for interview and submit inculpatory (demonstrates to finding of responsibility) and exculpatory (demonstrates to finding that respondent did not engage in the allegation) evidence. Parties will be expected to share why each witness should be interviewed. Character witnesses are usually not permitted.

After collection of witness lists, both parties will be provided with the list of witnesses. Each party will have five (5) business days to submit a list of questions for each witness. Non-relevant or impermissible questions will be discarded. Any discarded question will be shared with the offering party with an explanation of why the question is non-relevant or impermissible.

Investigators will provide written notice of the date, time, location, and participants prior to investigative interviews or other meetings. The parties will be provided at least ten (10) business days to prepare to participate in the interview. The parties may reduce this timeframe if they wish. The parties are permitted to have an advisor of their choice at any interview. If a party does not have an advisor and wishes to have one, the College will provide one.

After the first round of interviews with each party and witness, the investigator(s) will provide a transcript of each interview to the parties. The parties will have no fewer than five (5) business days to review the transcripts and offer follow up questions for each witness or party. The investigator(s) will review the submitted questions for relevance and permissibility. The investigator(s) will discard any non- relevant or impermissible question and provide a rationale for the parties.

The investigator(s) will provide transcripts of the follow up interviews to the parties.

Parties who wish to have more than one follow-up questioning opportunity of a witness or party may submit a request in writing to the Title IX Coordinator (or designee). The request must include the rationale for the additional round of interviews and the specific questions which the party wishes to have asked. The Title IX Coordinator (or designee) will make the decision about whether to allow for an additional round of follow up questions. The rationale to allow or not allow an additional round of follow up questions will be provided to both parties. This decision is not appealable.

Investigators may contact the Title IX Coordinator during the investigative process with procedural questions which are not directly related to the evidence. At no time should the investigators confer with other Title IX Grievance Process personnel regarding details of the formal compliant until the end of the appellate process. However, there is no restriction on the ability of either the complainant or respondent to discuss the allegations under investigation or to gather and present relevant evidence.

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility for sexual harassment rests with the College and not on the parties.

Review of Evidence and Comment Period

Once the investigation has concluded and evidence summary report is written, both the complainant and the respondent will have access to evidence summary report and all evidence gathered during the investigation, including that which the investigators did not deem relevant. The complainant and the respondent will have the opportunity to provide meaningful written comment about the evidence summary report and evidence during a period of no fewer than ten (10) business days. The evidence summary report is not to draw conclusions of violation of policy. The evidence summary report will provide a summary of the agreed upon and disputed fact pattern, which evidence was utilized, and who was interviewed as a witness.

After the ten (10) business day review of the evidence summary report and evidence, the investigators should review any written comment provided by the parties to inform the completion of the final investigation report. Changes to the report are at the investigators’ discretion. The written comment provided by the parties now becomes part of the evidentiary record. The final draft of the investigation report will be made available to both the complainant(s) and the respondent(s).

Parties and their advisors will have access to work product through evidence, evidence summary report, and investigation report. Parties and their advisors are not to share this information with others.

Final Determination and Remedies

After a thorough examination of the evidence presented, the investigator(s) will make a final determination of “responsible” or “not responsible” for violations of this policy using the preponderance of the evidence standard. The preponderance of the evidence standard indicates the evidence demonstrates it is more likely than not the respondent engaged in conduct which is a violation of this policy. This same standard is used for complaints against students and employees.

The investigator(s) is responsible for drafting an investigation report, outlining the rationale for the decision. The report will be distributed simultaneously to both the complainant and the respondent by the Title IX Coordinator. The investigation report will include but is not limited to:

Identification of the allegations constituting a violation of this policy;
A description of the procedural steps taken from the receipt of the complaint through the determination;
Findings of fact supporting the determination;
Conclusions and rationale;
Recommendations for disciplinary sanctions and possible remedies.

If there is a finding of responsible, the Title IX Coordinator will work with appropriate College personnel to implement disciplinary sanctions and to provide effective implementation of any remedies.

The determination regarding the allegations becomes final on the date which an appeal can no longer be considered.

Counter Complaints

MACC permits counter complaints consistent with federal law. MACC will not permit counter complaints to be used in a retaliatory fashion. Any counter complaint will go through the same evaluation process as any other complaint. A counter complaint not made in good faith may be considered a false allegation or retaliation and will be evaluated as such. A counter complaint made in good faith which could be a policy violation will be investigated consistent with this policy. There may be instances where initial complaints and counter complaints are investigated together because of the similarity of the potential fact pattern.

Appeals of Final Determinations and Dismissals

Both parties are provided the opportunity to appeal a determination regarding responsibility, as well as, a dismissal of a complaint. Appeals are to be submitted in writing within five (5) business days from the date written notice was provided. Appeals of such decisions within the grievance process are allowed on the following bases:

Procedural irregularity that would affect the outcome;
New evidence that would change the outcome that was not reasonably available at the time the determination regarding responsibility or dismissal was made; or
The Title IX Coordinator, investigator(s), or decision maker(s) had a conflict of interest or bias for or against the complainants or respondents generally or the individual complainant or respondent that would affect the outcome; or
The final determination by the decision maker is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion, or termination, only); or
The sanctions fall outside the range of sanctions designated for this offense, considering the cumulative conduct/disciplinary record of the respondent (applicable to sanctions of suspension, expulsion, or termination, only)

When an appeal is filed, the Title IX Coordinator will notify the other party in writing that the appeal has been filed. The other party will be provided with the appeal and given three (3) days to provide a written response to the Title IX Coordinator. Additionally, the College will ensure that the decision maker(s) for the appeal is not the same person as the decision maker(s) that reached the determination regarding responsibility or dismissal, or the investigator(s).

A written decision of the appeal, describing the result of the appeal and the rationale for the result will be given simultaneously to both parties.

The appeal panel is deferential to the original decision maker and should only grant an appeal with there is clear error and a compelling reason to do so. An appellate panel may:

Grant the appeal and remand a case back to the original investigators.
Grant the appeal and remand the case to a set of new investigators.
Deny the appeal.

An appeal panel may not simply replace the original decision maker’s (investigator’s) decision with their own. The appeal panel may remand back to the original investigators or a new set of investigators based on the nature of the appeal.

12. Remedies and Sanctions

Upon a determination of responsibility of the respondent, MACC may implement a range of remedies and sanctions.

Remedies are designed to restore or preserve the complainant’s equal access to the College’s educational program or activity and may include but not be limited to the following:

Mutual restrictions on contact between the parties
Modification of a class schedule
Modification of residence hall assignments
Modification of work schedules
Arranging extended time to complete or retake a class or withdraw from a class without penalty

Sanctions are non-supportive measures imposed upon the respondent:

If an employee of the College is found to have violated the College’s sexual misconduct policy, possible outcomes may include but not be limited to the following: verbal warning, written warning in the individual’s personnel file, probation, suspension, reassignment of duties or location, demotion, suspension of pay increase for one or more year, required counseling or programming, restricted contact with the complainant, and/or termination.

If a student is found to have violated the College’s sexual misconduct policy, possible outcomes may include but not be limited to the following: restricted access to College property and/or events, removal from College-sponsored teams or clubs, required counseling or programming, changes to course/class schedule, removal from or change in campus housing, restricted contact with complainant, probation, suspension, and expulsion.

13. Retaliation

No person having made a report or formal complaint, participated in or refused participation in any part of the Title IX Grievance Process should be subjected to intimidation, threats, coercion, or discrimination for the purpose of interfering with any right or privilege secured by Title IX. Such conduct is strictly prohibited. Instances of retaliation within this policy will be adjudicated through this policy.

14. Retention of Title IX Grievance Process Files

MACC will maintain copies of the following documents/records relating to complaints or reports of sexual harassment for no fewer than seven (7) years:

Each sexual harassment investigation reports and evidence gathered;
Final determination letters and disciplinary sanctions imposed on the respondent;
Records of each interview (recording or transcript)
Remedies provided to the complainant in order to restore or preserve equal access to the College’s education program or activity;
Any appeal and the result therefrom;
Informal resolution agreements;
Supportive measures offered in response to a report or formal complaint of sexual harassment;
Written basis for the conclusion that the College was not deliberately indifferent in its response to reports for formal complaints of sexual harassment; and
The College will retain all materials used to train Title IX Coordinators, investigators, decision makers and any person who facilitates an informal resolution process.

For each response to sexual harassment allegations, the College will create and maintain for a period of seven (7) years, records of any actions, including any supportive measures taken in response to a report or formal complaint of sexual harassment In each instance, the College will document the basis for its conclusion and its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the Colleges education program or activity.

If MACC does not provide a complainant with requested supportive measures, then the College must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

15. Policy Monitoring

MACC’s Compliance Committee and Title IX Coordinator continually examine the Sexual Misconduct Policy to ensure that the policy is effective and understandable for community members. All policy revisions and updates will be reviewed and approved by the MACC President’s Council and the MACC Board of Trustees. In addition, MACC’s Director of Security and Residential Life and Director of Plant Operations work continuously to ensure that all MACC sites are safe and secure educational environments.

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