Title IX: Policy on Sexual Harassment

Title IX: Policy on Sexual Harassment

I.  PURPOSE

In compliance with Title VI of the Civil Rights Act of 1964; Title IX, Educational Amendments of 1972 of the Higher Education Act; and Section 504 of the Rehabilitation Act of 1973, as amended, the Board of Trustees of Northeast Mississippi Community College hereby adopts a policy assuring that no one shall, on the grounds of race, sex, color, age, creed or national origin be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity of the college. NORTHEAST MISSISSIPPI COMMUNITY COLLEGE adheres to the principle of equal educational and employment opportunity without regard to race, sex, color, age, creed, or national origin. This policy includes the qualified disabled and extends to all programs and activities supported by the college. (Board Policy)

The purpose of this policy is to comply with Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in the course of any federally funded educational program or activity, and to provide procedures for the prompt and equitable resolution of complaints of sexual misconduct. Sexual misconduct, as defined in this policy, includes both sexual harassment and sexual violence, which are forms of sex discrimination prohibited by Title IX. This policy also covers domestic violence, dating violence, and stalking in accordance with the Violence Against Women Act Amendments to the Clery Act.

Northeast Mississippi Community College has developed its policy on Sexual Misconduct under Title IX of the Education Amendments and the Violence Against Women Act to reaffirm the College’s commitment to address sexual misconduct and take steps to prevent its reoccurrence and remedy its effects. 

NEMCC will not tolerate and prohibit sexual assault and all forms of sexual misconduct including intimate partner violence, stalking, dating violence, sexual exploitation, sexual harassment, and domestic violence offenses.  These acts are against Mississippi State Law.

II.  SCOPE

The NEMCC Sexual Misconduct Policy applies to all members of the College community, including students, faculty, staff, employees, contractors, vendors, and visitors, and to all programs and activities sponsored by the College whether conducted on or off campus.

III.  POLICY

NEMCC is committed to maintaining an environment free from sexual harassment, sexual violence, domestic violence, dating violence, and stalking. In accordance with the provisions of Title IX, NEMCC prohibits discrimination on the basis of sex and/or gender, including sexual misconduct. NEMCC has an affirmative duty pursuant to Title IX to take immediate and appropriate action once it knows or reasonably should have known, of any act of sexual misconduct in any of its educational programs or activities. NEMCC will act on any complaint of sexual misconduct to resolve such complaints promptly and equitably.

NEMCC policy is intended to make students, faculty, staff, employees, contractors, vendors, and visitors aware of the various reporting and confidential disclosure options available to them - so they can make informed choices about where to turn should they become victims of sexual violence.

While activities covered by the laws of the community and those covered by the College’s policies may overlap, the community’s laws and the College’s policies operate independently and do not substitute for each other. The College may pursue enforcement of its policies whether or not legal proceedings are underway and may use information from law enforcement agencies and the court to determine whether College policies have been violated.

Individuals reporting an incident regarding Sexual Misconduct and/or making inquiries concerning the application of Title IX at Northeast Mississippi Community College may contact:

Vice President of Students
216 Ramsey Hall
101 Cunningham Blvd., Booneville, MS 38829
662.720.7235
vpofstudents@nemcc.edu

Title IX Coordinator, Liz Calvery
Ramsey Hall
101 Cunningham Blvd., Booneville, MS 38829
662.720.7443
lrcalvery@nemcc.edu

Disciplinary action resulting from sexual misconduct may include dismissal from the College or termination of employment with the College. College disciplinary action is separate from and may be in addition to, any criminal or civil penalties.

Retaliation against a complainant or witnesses for filing or participating in the investigation of a sexual misconduct complaint is prohibited under this policy and Title IX. Retaliation is any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment against one or more individuals for exercising their rights (or supporting others for exercising their rights) under this policy. The College will investigate any reports of retaliation and take appropriate disciplinary action.

Individuals may also file a report with the Office of Civil Rights:

Headquarters
Office for Civil Rights
US Department of Health & Human Services  
200 Independence Avenue, SW    
Room 509F HHH Bldg
Washington, D.C. 20201

Regional Office
Office of Civil Rights
US Department of Health & Human Services
San Nunn Atlanta Federal Center, Suite 16T70
61 Forsyth Street, SW
Atlanta, GA 30303-8909 
800.368.1019

IV.  COLLEGE DEFINITIONS

A.  College: College refers to Northeast Mississippi Community College.

B.  Student: Student refers to an individual enrolled at Northeast Mississippi Community College.

C. Responsible Employee: A “responsible employee” is a College employee who has the authority to redress sexual violence, who has been given the duty to report to appropriate school officials about incidents of sexual violence or any other student misconduct, or whom a student could reasonably believe has this authority or duty.

D.  Sexual Misconduct: As used in this policy, sexual misconduct is an umbrella term that includes sexual harassment, sexual violence, domestic violence, dating violence, and stalking, all of which are defined below.

E.  Sexual Harassment: Unwelcome sexual advances, requests for sexual acts or favors, and other gender-based verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment, academic advancement, evaluation, or grades; or
• Submission to or rejection of such conduct by an individual is used as a basis for employment, academic advancement, evaluation, or grading decisions affecting that individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment.

Examples include an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to unwelcome sexual attention; to punish a refusal to comply with a sexual-based request; to condition a benefit on submitting to sexual advances; or gender-based bullying.  Sexual harassment can occur regardless of the relationship, position, or respective sex and/or gender of the parties.  Same-sex harassment violates this policy, as does harassment by a student of a faculty member or a subordinate employee of his/her supervisor.

F. Intimidating, Hostile, or Demeaning Environment: Intimidating, Hostile, or Demeaning Environment can be defined as any unwelcome action, verbal expression, usually repeated or persistent, or series of actions or expressions that have either the intent, or is reasonably perceived as having the effect, of creating an intimidating, hostile, or demeaning educational, employment, or living environment for a student or College employee, either by being sexual or by focusing on a person’s gender, sexual orientation, gender identity, or gender expression. An intimidating, hostile, or demeaning environment is defined as one that is so severe, pervasive, or objectively offensive that it interferes with a person’s ability to learn, exist in living conditions, work (if employed by the College), or have access and opportunity to participate in all and any aspect of campus life.

G.  Sexual assault:  Sexual assault is the non-consensual sexual contact with the accuser by the accused, or the accused by the accuser when force or coercion is used to accomplish the act, the sexual contact is accomplished without the consent of the accuser, and the accused knows or has reason to know at the time of the contact that the accuser did not or could not consent.  Sexual contact includes, but is not limited to, the intentional touching of the accuser’s, the accused’s, or any other person’s intimate parts, or the intentional touching of the clothing covering the immediate area of the accuser’s, the accused’s, or any other person’s intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification.

• Non-consensual sexual contact means sexual contact that occurs without effective consent. Sexual contact as used in this policy includes without limitation deliberate sexual touching, however slight, or using force to cause another to engage in sexual touching. Sexual contact also may include contact of a sexual nature with an object.
• Non-consensual sexual intercourse means sexual intercourse or penetration, however slight with any object or body part without effective consent.

H. Domestic Violence: A pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner, which includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim. An “intimate partner” is defined as a current or former spouse of the complainant, a person with whom the complainant shares a child in common, or a person who is cohabitating with or has cohabitated with the complainant as a spouse.  It also includes any person covered under the current domestic or family violence laws applicable to the jurisdiction of the infraction.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

I.  Dating violence: The term “dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where 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.

J. Sexual Exploitation:  Sexual Exploitation occurs when a person takes non-consensual, unfair, or abusive sexual advantage of another for his/her advantage or benefit; or to benefit or advantage anyone other than the one being exploited. This behavior must not otherwise constitute a violation of sexual assault or sexual harassment. Examples of sexual exploitation include but are not limited to, prostituting another student, non-consensual video or audio-taping of sexual activity, presentation or unauthorized viewing of such recordings, going beyond the boundaries of consent (such as letting your friends watch you having consensual sex without the knowledge or consent of your sexual partner), engaging in act of a peeping tom.

K. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his, or her, or others’ safety or to suffer substantial emotional distress. Such conduct includes two or more acts by which the stalker directly, or indirectly, or through third parties follows, monitors, observes, surveys, threatens, or communicates about a person or interferes with his or her property.

L. Retaliation: Retaliation is taking materially adverse actions against someone because the individual has engaged in legally protected activities. For instance, terminating or expelling an individual because the individual has in good faith complained of conduct raised under this policy could be an example of retaliation. The College will not tolerate members of its community taking adverse actions towards anyone who, in good faith, alleges discrimination or harassment. Nor will the College tolerate retaliation against individuals for cooperating with an investigation related to the individual’s complaint or another individual’s discrimination complaint. Just as if an individual is determined to have violated this policy by engaging in discrimination or harassment, if the College determines that any individual has engaged in retaliation in violation of this policy, that individual may be subject to disciplinary action up to and including immediate termination of employment or association with NEMCC.

M. Intimidation:  Intimidation is to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

N. Complainant: a person who makes a complaint or alleges that a violation has occurred

O.  Respondent: a person against whom a complaint is brought, or who is alleged to have committed a violation

P.  Consent: Consent is clear, knowing, and voluntary.  Consent is active, not passive.  Silence, in and of itself, cannot be interpreted as consent.  Consent can be given by words or actions, as long as those words or actions create mutually understandable, clear permission regarding willingness to engage in sexual activity.

• Consent to any one form or condition of sexual activity cannot automatically imply consent to any other form or condition of sexual activity.
• Current and/or previous relationships or prior consent cannot imply consent to future sexual acts.
• Consent can be withdrawn at any time.
• To give effective consent, one must be of legal age, which is 16 years.
• Someone who is incapacitated cannot give consent.  Sexual activity with someone known to be - or based on the circumstances, should reasonably have been known to be - mentally or physically incapacitated (by alcohol or other drug use, unconsciousness, or blackout) constitutes a violation of this policy.
• Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction)
• This policy also covers a person whose incapacity results from mental disability, sleep, or involuntary physical restraint.
• Coercion, force, or threat of either, invalidates consent

V.  REPORTING

If an individual has knowledge of or has experienced Sexual Misconduct, it is particularly important, for the protection of both the complainant and the College community, that the incident be reported to the NEMCC Police or local law enforcement immediately.  NEMCC Police can assist the individual in getting medical attention and in notifying the proper local law enforcement authorities if the complainant so chooses.  The sooner an incident is reported, the easier it is to preserve and collect the evidence necessary for a criminal prosecution.  Reporting the incident to the police does not mean the complainant must press charges against the accused, but it does help assure that the individual received assistance in deciding how to proceed.

A.  Formal Reporting Options:  Anyone in the NEMCC community who feels that they have been subjected to, or is aware of someone else being subjected to, sexual violence, sexual harassment, domestic violence, dating violence or stalking is encouraged to immediately report the incident to one of the following College representatives: Responsible Employee, Vice President of Students, Title IX Coordinator, or Campus Police.

The complainant is encouraged to complete a “Sexual Misconduct Report Form.” The written complaint will be submitted to the Campus Police and the Title IX Coordinator.

Any College representative receiving a report of the initial incident should document details and contact campus police, who are required to maintain records of such incidents for the purpose of reporting campus crime statistics.

Complainants will be informed of their right to notify law enforcement officials, including College and/or local police, and will be assisted in doing so if they so choose. Complainants may also decline to notify such authorities.

1.  Online reporting - Silent Witness: The college’s website for online reporting (which allows for anonymous reporting) provides options for anyone to report a Title IX concern relating to students, faculty, staff, employees, contractors, vendors, and visitors.  Silent Witness goes to NEMCC Campus Police.

Reports also may be emailed to lrcalvery@nemcc.edu.

2.  In-person reporting - providing a written report in person.

Police Chief, Jason Jackson
Frank & Audrey Haney Union, Room 145
NEMCC Booneville Campus
662.720.7576 or 662.720.6687             

Vice President of Students, Ray Scott
Ramsey Hall
NEMCC Booneville Campus
662.720.7235

Title IX Coordinator, Liz Calvery
Ramsey Hall
NEMCC Booneville Campus
662.720.7223

Director of Northeast @ Corinth/WIA Team Leader, Bonnie Bell 
NEMCC Corinth Campus
662.696.2312

Director of Northeast @ New Albany/Assistant WIA Team Leader, David Goode
NEMCC New Albany Campus
662.692.1508

3.  Paper reporting - providing a written report by mail or email:

Title IX Coordinator, Liz Calvery
lrcalvery@nemcc.edu
Northeast Mississippi Community College
101 Cunningham Boulevard
Booneville, MS 38829

NEMCC Chief of Police, Jason Jackson
jkjackson@nemcc.edu
Northeast Mississippi Community College
101 Cunningham Boulevard
Booneville, MS 38829

4.  Anonymous reporting options

Although the College encourages victims to talk to someone, the College provides for anonymous as well as partial disclosure reports of incidents involving students, faculty, staff, employees, contractors, vendors, and visitors using the Silent Witness Form found at https://www.nemcc.edu/campus-police; Police Services.

Anonymous reports may be filed physically using the secure drop box located in the Frank & Audrey Haney Union Lobby.

5.  Reporting for criminal prosecution - Reporting to the police

Sexual assault and some other forms of sexual misconduct are crimes and may be reported to law enforcement for investigation.  Students, faculty, staff, employees, contractors, vendors, and visitors may report to the police and also report internally.  You do not need to choose one or the other.  

NEMCC Police generally have jurisdiction over incidents occurring on the Northeast MS Community College campus.

The Booneville Police generally have jurisdiction over incidents occurring in the city of Booneville, MS. 

The Prentiss County Sheriff’s Department generally has jurisdiction over incidents occurring in Prentiss County, MS.                                                               

If the sexual assault occurs on campus, call 911 or 662.720.6687 to contact the NEMCC Police. Although an assault may occur off campus, the victim may report the incident to Campus Police who will assist the victim with contacting the appropriate law enforcement agency.

In cases involving potential criminal conduct, consistent with state and local law, the College will determine whether appropriate law enforcement or other authorities should be notified.

B.  Alternative to reporting:  In many cases, informal actions can be taken that will effectively stop the misconduct. The complainant may choose to resolve the complaint informally, except that informal processes are not appropriate for cases involving alleged sexual assault. At any time the complainant may choose to end the informal process in favor of the formal process.

NEMCC Counseling Center provides information and support to student survivors of sexual assault and others who have questions or want to learn more.  The Counseling Center can coordinate support services and accommodations to help students who have experienced the trauma of sexual assault.   These services and accommodations are available regardless of whether a student files a formal report.

C.  Confidentiality:  NEMCC will endeavor to maintain confidentiality in all informal and formal proceedings, except as otherwise specified in these statements of procedure. All documents relating to the alleged incident of sexual misconduct will be maintained as confidential. Participants are authorized to discuss the case only with those persons who have a genuine need to know.

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report. A responsible employee should not share information with law enforcement without the complainant’s consent or unless the survivor has also reported the incident to law enforcement.

If a complainant discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action is taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the survivor.

Although rare, there are times when the College may not be able to honor a complainant’s request in order to provide a safe, non-discriminatory environment for all students, faculty, staff, employees, contractors, vendors, and visitors.

If the College determines that it cannot maintain a complainant’s confidentiality, the College will inform the complainant before starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response.

If the College determines that it can respect a complainant’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the survivor.

D.  The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)): is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses.  All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off- campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. The information to be shared includes the date, the location of the incident (using Clery location categories), and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.  NEMCC’s Clery Report is published in the student handbook and may be accessed at https://www.nemcc.edu/campus-police; Clery Act & Crime Statistics.

E.  Anonymous and Third-Party Reporting:  If the complainant does not wish to pursue a formal hearing and/or requests that his or her complaint remain anonymous, federal legislation nevertheless requires the College to investigate and take reasonable action in response to the complainant’s request.  The Vice President of Students/Title IX Coordinator will inform the complainant the College’s ability to respond may be limited if the complainant is not a participant in the investigation. 

NEMCC expects all community members to take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention (if it is safe to do so), calling law enforcement, or seeking assistance from a person in authority. Community members who choose to exercise this positive moral obligation will be supported by the College and protected from retaliation.

F.  Retaliation:  Pursuant to Title IX, retaliation against the individual who initiates a sexual misconduct complaint, participates in an investigation, or pursues legal action, is prohibited.  Independent action may be taken against anyone engaging in retaliation including individuals who are acting on behalf of the accused, with or without the knowledge of the accused.  Retaliation may occur in person or electronically.

In an effort to avoid retaliation, prevent the recurrence of any discrimination or discriminatory effects, and provide for the safety of the victim(s) and others, NEMCC will implement all necessary remedies during an investigation period and/or the conclusion of an investigation.  These remedies may include, but are not limited to: mutual “no contact” letters, changes in course schedules, and changes in housing assignments.

G.  Amnesty from Student Discipline for the Reporting Party and Witnesses:  Assisting students who are reporting sexual misconduct is the College’s primary interest.  In order to facilitate reporting, the Vice President of Students/Title IX Coordinator does not charge students who report sexual misconduct and any material witnesses with Code of Conduct violations for behavior that would otherwise be considered violations (for example consuming alcohol underage or consuming illegal drugs).

TIMELY WARNING:  In the event that a situation arises, either on or off campus, that, in the judgment of the Chief of Police, constitutes an ongoing or continuing threat, a campus-wide “timely warning” will be issued. The warning will be issued through the college email systems to students, faculty, and staff and the college’s website, www.nemcc.edu, and via the TigerAlert System.

Depending on the particular circumstances of the event, especially in all situations that could pose an immediate threat to the community and individuals, the Campus Police will inform the alert list as soon as possible. Building Supervisors would warn faculty, staff, and students to remain in classrooms and work areas. Doors should be locked if appropriate. Campus police may also post a notice on the college’s website, https://www.nemcc.edu providing the college community with more immediate notification. In such instances, a copy of the notice is posted in each residence hall and at the front door of the student union.

Anyone with information warranting a timely warning should report the circumstances to the Campus Police office, in person or by phone at 662.720.6687.

VI.  INVESTIGATION

NEMCC Campus Police
Chief Jason Jackson
Frank & Audrey Haney Union 145
NEMCC Booneville Campus
662.720.7576 or 662.720.6687

Vice President of Students, Ray Scott
Ramsey Hall
101 Cunningham Boulevard, Booneville, MS 38829
662.720.7235

Title IX Coordinator, Liz Calvery
lrcalvery@nemcc.edu

Ramsey Hall
101 Cunningham Boulevard, Booneville, MS 38829
662.720.7223

More Information

Title IX | U.S. Department of Education
https://sites.ed.gov/titleix