VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

complainant or otherwise a party and must comply with the requirements of the Final Rule for Title IX Coordinators. • Education Program or Activity of the College - As used in regard to complaints of sexual harassment, “education program or activity of the College” includes locations, events, or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution. • Consent - Knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. The existence of consent is based on the totality of circumstances, including the context in which the alleged activity occurred. Silence does not necessarily constitute consent and coercion, force, or threat of either party invalidates consent. o Consent cannot be given where a person is incapacitated due to drugs or alcohol; or where a person has a disability; or is not of legal age to consent as defined by law. o Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Consent can be withdrawn at any time. o Previous relationships or prior consent cannot imply consent to future sexual acts. • Remedies - Actions designed to restore or preserve equal access to the College’s education program or activity and may include the same individualized services described as “supportive measures”; however, remedies need not be non disciplinary or non-punitive and need not avoid burdening the respondent. • Disciplinary Sanctions - Actions taken against a respondent following a determination of responsibility at the conclusion of the grievance process described herein. Disciplinary sanctions range from reprimands to termination or dismissal and may include transcript notations.. • Business Days - Monday through Friday excluding weekends and VCOM recognized holidays. The day a notice or decision is received is not included. The last day of the prescribed period is included unless it is a weekend or VCOM recognized holiday, in which event the time period runs until the end of the next weekday which is not a VCOM recognized holiday. Criminal Definitions: Section 304 of the Violence Against Women Reauthorization Act (VAWA), known as the SaVE Act provisions, obligates the College’s policy to include the definitions used by the Virginia, South Carolina, Alabama, and Louisiana penal codes for “domestic violence”, “dating violence”, “sexual assault”, “stalking”, and “consent” with respect to sexual offenses. These can be found in Appendix A. Virginia’s penal code does not specifically define domestic violence, dating violence, sexual assault, or consent, although other crimes may apply to those circumstances. While stalking is not specifically defined, the elements of stalking are set out in the crime of Stalking. Virginia’s Juvenile and Domestic Relations statutes do define “family

VCOM Discrimination, Harassment, and Violence Policy and Procedures

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