What is Sexual Harassment?
Nondiscrimination
Central Community College adheres to all federal and state civil rights laws banning discrimination in public institutions of higher education. Central Community College will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, religion, hearing status, personal appearance, color, sex, pregnancy, political affiliation, source of income, place of business, residence, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, family responsibilities, sexual orientation, gender, gender identity, veteran or military status (including special disabled veteran, Vietnam-era veteran or recently separated veteran), predisposing genetic characteristics, domestic violence victim status or any other protected category under applicable local, state or federal law, including protections for those opposing discrimination or participating in any grievance process on campus or within the Equal Employment Opportunity Commission or other human rights agencies.
This policy covers nondiscrimination in employment and in access to educational opportunities. Therefore, any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment, residential and/or social access, benefits and/or opportunities of any member of the campus community on the basis of their actual or perceived membership in the protected classes listed above is in violation of the college policy on nondiscrimination. When brought to the attention of the college, any such discrimination will be appropriately remedied by the college according to established procedures.
Sexual Misconduct Violations
The following are the definitions of conduct prohibited by the sexual misconduct policy.
Sexual Harassment
Sexual harassment is:
- Unwelcome, sexual and/or gender-based verbal, written, online and/ or physical conduct.
Hostile Environment
A hostile environment is created when sexual harassment is:
- Sufficiently severe or persistent or pervasive and objectively offensive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the college’s educational and/or employment, social and/or residential program.
Sanctions range from warning through expulsion/termination.
Nonconsensual Sexual Contact
Nonconsensual sexual contact is:
- Any intentional sexual touching, however slight, with any object by a person upon another person that is without consent and/or by force.
Sanctions range from warning through expulsion/termination.
Nonconsensual Sexual Intercourse
Nonconsensual sexual intercourse is:
- Any sexual intercourse, however slight, with any object by a person upon another person that is without consent and/or by force.
Sanctions typically result in suspension or expulsion/termination.
Sexual Exploitation
Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that the behavior does not otherwise constitute one of the other sexual misconduct offenses.
Sanctions range from warning through expulsion/termination.
Intimate Partner Violence
Intimate partner violence is physical, sexual or psychological harm by a current or former partner/spouse. This type of violence can occur among heterosexual or same-sex couples.
Sanctions range from warning through expulsion/termination.
Stalking
Stalking 1:
A course of conduct, directed at a specific person, on the basis of actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear.
Sanctions range from warning through expulsion/termination.
Stalking 2:
- Repetitive and menacing pursuit following harassing and/or interfering with the peace and/or safety of another.
Sanctions typically result in suspension or expulsion/termination.
Retaliation
Retaliation is:
- Any adverse action taken against a person participating in a protected activity because of their participation in that protected activity subject to limitations imposed by the First Amendment and/or academic freedom.
Sanctions range from warning through expulsion/termination.
Consent
Since different people may experience the same interactions differently, each party is responsible for making sure that partners have provided ongoing, clear consent to engaging in any sexual activity or contact.
A person may withdraw consent at any time during sexual activity or contact through words or actions. If that happens, the other party must immediately cease the activity or contact. Pressuring another person into sexual activity can constitute coercion which is also considered to be sexual misconduct.
Silence or the absence of resistance alone does not constitute consent. A victim is not required to resist or say “no” for an offense to be proven.
Consent to some forms of sexual activity (e.g., kissing, fondling, etc.) should not be construed as consent for other kinds of sexual activities (e.g., intercourse).
Being or having been in a dating relationship with the other party does not mean that consent for sexual activity exists. Previous consent to sexual activity does not imply consent to sexual activity in the future.
To legally give consent in Nebraska, individuals must be at least 16 years old.
Force
Force is defined as power, intimidation, violence or pressure directed against an individual with intent to gain sexual access.
Incapacitation
Incapacitation is defined as a state in which individuals are unable to make rational, reasonable decisions because they lack the capacity to understand the “who, what, when, where, why or how” of a situation or interaction. Individuals cannot give sexual consent if they can’t understand what is happening or if they are disoriented, helpless, asleep or unconscious for any reason. That applies even if it is because they voluntarily consumed alcohol or drugs. Unless consent is “knowing,” it is not valid. Those engaging in sexual activity who know or should have known that the other party is incapacitated are engaging in sexual misconduct. The possession, use, distribution and/or administration of any incapacitating substance is prohibited (alcohol included).
The fact that the accused was intoxicated and thus did not realize that the victim was incapacitated does not excuse sexual misconduct.