CC107 - Sexual Harassment

Any individual with questions about the College’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the College’s designated Title Coordinator, Debbie McKittrick, Judicial Officer & Title IX Coordinator at 2006 S. Ankeny Blvd, Bldg. 1, Ankeny, IA 50023, phone 515/964-6216, Title9@dmacc.edu.

The College will utilize this Policy and Procedure to respond to all claims of sex discrimination or sexual harassment as defined in Section II of this policy. If the College determines that a report or complaint does not allege conduct within the scope of Title IX, it may still proceed to investigate or respond to that report or complaint under any other applicable College policy or procedure.

Definitions

1. Sexual harassment means unwelcome behavior or conduct (physical, verbal, written, electronic) that is directed at someone because of that person’s sex or gender, and that meets any of the following definitions:
   1. Quid Pro Quo” Harassment. A College employee explicitly or implicitly conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct; OR
   2. Hostile Educational/Work Environment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; OR
   3. Sexual assault. An offense that meets the definition any one of the following offenses:
      • Rape: the 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 consent of the victim;
      • Fondling: the touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim;
      • Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or
      • Statutory rape: sexual intercourse with a person who is under the statutory age of consent; OR
   4. Stalking:
      • Purposefully engaging in a course of conduct directed at a specific person (“target”) that would cause a reasonable person to fear bodily injury to, or the death of, the target or a member of the target’s immediate family;
      • when the person (“stalker”) knows or should know that the target will be placed in reasonable fear of bodily injury to, or the death of, the target or a member of the target’s immediate family by the course of conduct; and
      • the stalker’s course of conduct induces fear in the target of bodily injury to, or the death of, the target or a member of the target’s immediate family; OR
   5. Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of:
      • The length of the relationship.
      • The type of relationship.
      • The frequency of interaction between the persons involved in the relationship; OR
   6. Domestic Violence: any 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 cohabiting with, or has cohabited 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 of the State of Iowa; or 
      • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Iowa.
2. Consent means knowing and voluntary agreement to engage in conduct or an activity with another individual. Silence or an absence of resistance does not imply consent. Past consent to engage in conduct or an activity does not imply future consent; consent can be revoked at any time. An individual who is incapacitated (e.g., when a person is asleep, unconsciousness, under the influence of drugs or alcohol, or disability) cannot give consent. Coercion, force, or the threat of either invalidates consent. Under no circumstances can a student give consent to engage in any sexual conduct or activity with an employee of the College.
3. Complainant means any person who alleges that they have been subjected to sexual harassment as defined by this Policy. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the College’s education program or activity.
4. Respondent means any person who has been reported to be the perpetrator of conduct that could constitute sexual harassment under this Policy, and over whom the College is able to exercise substantial control.

Policy Scope

This Policy applies to all persons participating in any program or activity of the College, including students and employees and applicants for employment and applicants for admission. Under Title IX, the College has jurisdiction over locations, events or circumstances over which it substantially controls the Respondent and the context in which the harassment occurs. The College’s jurisdiction is limited to conduct against a person that occurs in the United States.

Any person may make a report of sexual harassment to the College’s Title IX Coordinator.

Confidentiality

The College is committed to creating an environment in which those who have experienced sexual harassment are encouraged to come forward, while also protecting the privacy of all involved in an investigation. It is important that those reporting sexual harassment understand the limits on confidentiality of the individual who they may contact for such assistance. Different people, depending on their positions, have different obligations with regard to confidentiality. Under Iowa law, communications with some individuals are confidential. Those who want to maintain confidentiality should always confirm whether confidentiality applies to the communication before they make the communication. Generally, confidentiality applies when seeking outside services from the following persons:

• Trained and statutorily certified victim’s advocates;
• Licensed psychological counselors or health care providers;
• A personal attorney representing the victim; and/or a
• Religious/spiritual counselor.

The College will keep confidential the identity of any individual who has made a report or complaint of sexual harassment, or has been identified as the perpetrator or respondent to any such report or complaint, or is a witness to any complaint or investigation, except as required to carry out the purposes of this Policy (including the conduct of any investigation, hearing, or judicial proceeding), applicable law, or as permitted by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g.

However, complaints about violations of this Policy will be handled in strict confidence, with personally identifiable information protected and information made available only to those who need to know in order for the College to promptly and thoroughly investigate and resolve the matter. The College must balance the needs of individual students with its obligation to protect the safety and well-being of the community at large. The College will also keep personally identifiable information out of public recordkeeping, including the College’s Annual Security Report of Crime Statistics under the Clery Act.

Adopted: August 10, 2020
Reviewed: 2022