VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

abuse” which incorporates sexual and other assaults and stalking. Sexual abuse is specifically defined but not sexual assault. Consent is not defined, but “mental incapacity” and “physical helplessness” are and the statutes specifically state that proof of physical resistance is not required. South Carolina’s penal code does not specifically define domestic violence, dating violence, sexual assault, or consent, although other crimes may apply to those circumstances. The crime of domestic violence, though, exists in varying legal degrees with specific elements. Title 59 Chapter 105 contains the Campus Sexual Assault Information Act, although the term “sexual assault” is not defined. While sexual assault is not defined, there are numerous crimes relating to sexual misconduct. Stalking is specifically defined. Alabama’s penal code does not specifically define domestic violence, dating violence, and sexual assault, although the crimes of domestic violence and sexual abuse exist in varying legal degrees with specific elements, some of which include domestic and dating violence, and sexual assault. While stalking is not specifically defined, the crime of stalking exists in various legal degrees with specific elements. While consent is not defined, lack of consent is defined. Louisiana’s penal code does not specifically define domestic violence, although the crime of domestic abuse exists in varying legal degrees with specific elements. Sexual assault is not specifically defined but the crime of sexual battery exists in varying legal degrees with specific elements. Dating violence is defined, as is stalking. Consent is not specifically defined. Please note that the penal code definitions contained in Appendix A are for your information only as required by federal law. For purposes of applying the College’s policy, the definitions set out in the policy above will govern. REPORTING 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 7.

VCOM Discrimination, Harassment, and Violence Policy and Procedures

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