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:
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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.
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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.
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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.
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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.
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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.
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Sex Offenses, Nonforcible—Nonforcible sexual intercourse. This includes attempts to commit any of the below acts.
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Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by state law.
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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.