VCOM Faculty Handbook

situations between two students or among more students in which the harassment interferes with a student’s success: • Submission to such conduct is made an explicit or implicit term or condition of the person’s employment or continued student status. • Submission to or rejection of such conduct is used as the basis for employment or academic decisions such as retention, promotion, performance evaluation, pay adjustment, discipline, work assignment, or any other condition of employment, career development, or academic standing. • Such conduct has the purpose or effect of unreasonably interfering with work performance or of creating an intimidating, hostile, or offensive working or learning environment. • Such conduct emphasizes the sexuality or sexual identity of the employee or student in a manner that prevents or impairs that person’s full enjoyment of employment or educational benefits, climate, or opportunities. Violence Violence is the unlawful exercise of physical force and includes physical contact through any act of violence, physical control, and/or intimidation through threat of violence. Violence of any type is a violation of VCOM policy. Sexual violence includes unwanted sexual contact through intimidation, physical control, and extends to an act of sexual contact with a person who is incapacitated to the point of being unable to voice consent or their lack of consent. Sexual violence encompasses several categories including rape, sodomy, and sexual assault by a person or with an object and includes the crimes of dating violence, domestic violence, sexual assault, and stalking. Sexual assault for purposes of this policy is any type of sexual contact or sexual behavior that occurs without the explicit consent of the recipient. Sexual Harassment, as defined herein, is a form of sexual violence. Reporting Acts of Discrimination, Harassment, or Violence Any person (whether or not the person reporting is the person alleged to be the victim and including parents or guardians of any party who is a minor or legally disabled), may report discrimination, harassment, or violence in person, by mail, by telephone, by electronic mail or by any other means that results in the Title IX Coordinator or a VCOM administrative officer receiving the person’s verbal or written report. Such a report may be made at any time without regard for business hours. Any VCOM administrative officer receiving such a report shall notify the Title IX Coordinator of the report. In the event the Campus Director of Human Resources is the accused, the President of the College shall designate a properly trained employee as temporary Title IX Coordinator for purposes of completing the appropriate grievance process. Except as provided below, all VCOM employees and students are considered mandatory reporters and must report known or suspected acts of discrimination, harassment, or violence to the Title IX Coordinator or a VCOM administrative office. Licensed mental health professionals, on-campus healthcare providers, and others with a legal duty of privileged communication are exempt from being mandatory reporters except in cases of immediate threat or danger. If a reporting party is unsure of a resource’s ability to maintain confidentiality, the reporting party is advised to ask the individual before talking to them. Grievance Procedure for Claims of Discrimination, Harassment, or Violence VCOM takes all claims of discrimination, harassment, or violence seriously and has established policy and procedures to handle such claims. Students and employees wishing to learn more about the grievance procedure should reference Policy U011: VCOM Discrimination, Harassment, and Violence Policy and Procedures.

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