Title IX - Frederick Community College

Title IX: Information on Sexual Harassment

Students at Frederick Community College have the right to a learning and working environment that is free from sexual misconduct, discrimination, and harassment, and that respects and protects the dignity and value of every member of the College community.

Title IX sexual harassment is a form of sexual discrimination prohibited by federal and state discrimination laws, including Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act, and is strictly prohibited by FCC.

Title IX violations include (but are not limited to):

repeated, unwanted sexual advances
sexual advances made as a condition of an employment or academic decision
repeated inappropriate remarks, jokes, innuendo or comments about sex or gender-specific traits
disparate treatment based on gender
sexual harassment that substantially interferes with the work or learning environment
stalking

Locations this policy applies:

on campus
on school-sponsored trips, including during travel and at the destination
at athletic events
with student clubs

This Policy and Procedures applies to all members of the College community. Sexual harassment can be committed by a person of any sex or gender identification, and it can occur between people of the same or different sex or gender identification. The full text of the FCC Title IX Sexual Harassment Policy and Procedures can be found here.

Prohibition Against Retaliation
Frederick Community College has a strong prohibition against retaliation. The College does not tolerate acts of retaliation against anyone for engaging in filing a complaint or participating in an investigation.

Contact the Associate Vice President of Student Affairs for additional information or assistance.

Training, Education, and Prevention

FCC is committed to educating the College community regarding the prevention and elimination of sexual harassment. Creating an environment free from sexual harassment is the responsibility of all members of the College community. The College is committed to fostering a College climate free from sexual harassment through training, education, and prevention programs, and through policies and procedures that encourage prompt reporting, prohibit retaliation, and promote timely, fair, and impartial investigation and resolution of sexual harassment cases.

To ensure that students understand their rights and responsibilities under Title IX, the College provides awareness, knowledge, and skill-building workshops and events organized by the Center for Student Engagement. Specific education about alcohol and drug abuse, sexual assault, and dating violence is provided. These events are offered in a variety of formats throughout the year and are posted on the Co-Curricular Calendar.

These events include, but are not limited to:

National Collegiate Drug and Alcohol Awareness Month programming occurs each October and provides information, workshops, films, and social events designed to help students understand high-risk behaviors and how to make wise choices.
National Health and Wellness Month programs run throughout March and April and include experts from local agencies sharing health and safety tips including sexual assault prevention, education, and bystander intervention and training.
Monthly events offered by the Office of Student Leadership & Engagement either independently or cosponsored by College clubs and organizations that feature speakers presenting topics such as sexual assault, anti-bias, and sexual harassment as part of co-curricular programming.
Sexual Assault Awareness Month, which occurs each April. The College offers a series of workshops and events including Bystander Training.
College committees and workgroups lead or participate in the development of ongoing New Student Orientation, Convocation, and other student programs.
Table-top information fairs that direct students to College resources and services.

Other education and prevention resources include but are not limited to:

Online Title IX training is provided for all students, faculty, and staff. Certificates of completion will be issued.
The Title IX brochure is available in hard copy and online, describing College and community resources, confidential services, and support for students and employees who deal with sexual abuse and violence.
The FCC Annual Security Report, which includes statistics regarding certain crimes as required by the Clery Act. The report is posted on the FCC website and updated annually in October.
A dedicated webpage with the resource information and relevant links on the College website.
The College offers online Title IX training for all students through Safe Colleges.com. Certificates of completion are issued to those who successfully complete the training.

Other education and prevention resources include but are not limited to:

Online Title IX training provided for all students, faculty, and staff. Certificates of completion will be issued.
The Title IX brochure is available in hard copy and online, describing College and community resources, confidential services, and support for students and employees who deal with sexual abuse and violence.
The FCC Annual Security Report, which includes statistics regarding certain crimes as required by the Clery Act. The report is posted on the FCC website and updated annually in October.
A dedicated webpage with the resource information and relevant links on the College website.

Available Training

An Overview of Title IX
Investigator Training
Decision Maker Level 1 Training
Decision Maker Level 2 Training
Advisor Training
Advisor Training
Title IX Coordinator Training - Online Course Modules
Title IX Overview and the Role of Advisors and Decision Makers

Maryland Affinity Group Title IX Training

Policy Information

The following definitions are included in the FCC Title IX Sexual Harassment Policy and Procedures.

Sexual Harassment

An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
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 education program or activity; or
“Sexual assault” is an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

Consent means a knowing, voluntary, and affirmatively communicated willingness to participate in a particular sexual activity or behavior. Only a person who has the ability and capacity to exercise free will and make a rational, reasonable judgment can give consent. Consent may be expressed either by words and/or actions, as long as those words and/or actions create a mutually understandable agreement to engage in specific sexual activity. It is the responsibility of the person who wants to engage in sexual activity to ensure that they have consent from the other party, and that the other party is capable of providing consent.

Lack of protest or resistance is not consent. Silence, in and of itself, cannot be interpreted as consent. For that reason, relying solely on non-verbal communication can lead to misunderstanding.
Previous relationships, including past sexual relationships, do not imply consent to future sexual acts.
Consent to one form of sexual activity does not automatically imply consent to other forms of sexual activity.
Consent must be present throughout sexual activity and may be withdrawn at any time. If there is confusion as to whether there is consent or whether prior consent has been withdrawn, it is essential that the participants stop the activity until the confusion is resolved.
Consent cannot be obtained by use of physical force, threats, intimidating behavior, or coercion.

Confidentiality

If You Have Experienced Sexual Harassment

Go to a safe location as soon as you are able.

Contact any of the following for immediate assistance:

Public Safety: dial 4444 from a main campus phone or a Monroe Center office phone, or 301.846.2453 from any other phone
Frederick Memorial Hospital: 240.566.3300
The Heartly House – 24 Hour Hotline: 301.662.8800
Carroll Hospital: 410.848.3000
Rape, Abuse, and Incest National Network (RAINN): 1.800.656.HOPE • rainn.org • 24/7 support
National Sexual Assault Hotline: 1.800.656.HOPE (4673) • A free and confidential 24/7 hotline for incidents occurring outside of Maryland
Sexual Assault Legal Institute (SALI): 1.877.496.SALI

Note that College officials may contact on-call staff from other departments when their offices are closed or they are otherwise unavailable to assist immediately.

If you are off College premises and experiencing an emergency situation, you can call local police by dialing 911. You may also call the local police department non-emergency line at 301.600.2100.
Seek immediate medical attention, preferably at an emergency room. A Sexual Assault Forensic Exam (SAFE) is available to you as a means to collect evidence for possible prosecution. This exam can also provide options for the prevention of sexually transmitted infections, internal injuries, and the possibility of pregnancy. This medical examination is performed by a specially trained nurse and is available at Frederick Memorial Hospital or the Heartly House (24 Hour Hotline: 301.662.8800). Sometimes this process can be easier if you have a trusted friend or victim advocate with you. The Heartly House can accompany you for the forensic exam. You may request this assistance by calling the hotline. Even if you don’t want to report the assault to police right away, it is important to have a medical exam for your own well-being.
Consider how you wish to proceed. You have options and trained professionals can help you decide your course of action. The Heartly House 24 Hour Hotline (301.662.8800) provides an anonymous confidential crisis line that will direct you to the appropriate resources given your desires on how you wish to proceed.

Reporting

Any person who believes they have been a victim of sexual harassment or any person who has observed or learned about an incident of sexual harassment should report the incident immediately to the applicable Title IX Coordinator or any responsible employee of the College. Any responsible employee of the College who receives a report of sexual harassment must immediately refer the report to the Title IX Coordinator by providing a written notice which includes as much detail about the alleged incident as possible. If any person believes a crime has been committed, it should also be reported to law enforcement. The name of the FCC Title IX Coordinator is posted on bulletin boards throughout the College, on the College website, and in College publications, including the Student Handbook.

Any person who believes they have been a victim of sexual harassment, or any person who has observed or learned about an incident of sexual harassment, should report the incident immediately to the applicable Title IX Coordinator or any responsible employee of the College.

To report a claim of Sexual Harassment, please contact the appropriate Title IX Coordinator listed below or fill out this incident reporting form.

For Staff:
Daniel West
Talent Acquisition Manager and Employee Title IX Coordinator
Gambrill Hall, Office 225
7932 Opossumtown Pike
Frederick, MD 21702
[email protected]
Office: 301.846.2686

For Students:
Dr. Benita Rashaw
Associate Vice President for Student Affairs
Title IX Coordinator for Students
Student Center, H100A
7932 Opossumtown Pike
Frederick, MD 21702
[email protected]
Office: 301.846.2469

Prompt reporting is encouraged to maximize the ability of the College to obtain evidence, identify potential witnesses, and conduct a thorough, prompt, and impartial investigation. The College recognizes the importance of confidentiality. All reasonable efforts will be made to ensure the confidentiality of information received to protect the complainant, respondent, and the College community.

Pregnancy and Parenting

Grievance Process

Upon notification and awareness of allegations of sexual harassment, the College will take immediate safety and security measures and appropriate action to assess, and/or investigate what occurred. This obligation applies to sexual harassment covered by this Policy and Procedures regardless of whether a parallel law enforcement investigation or action is pending.

Upon receiving a report of alleged sexual harassment, regardless of whether a formal complaint is filed, the Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. If the complainant does not wish to file a formal complaint and the Title IX Coordinator concludes that misconduct has occurred that does not meet the definition of sexual harassment as defined in Section II of this Policy, the Title IX Coordinator shall refer the matter for processing under any other applicable College Policy and Procedure, which may include the Code of Student Conduct, Complaint Policy and Procedures for Students, Complaint Policy and Procedures for Employees, Employee Misconduct Policy

Equitable Treatment: The College will treat complainants and respondents equitably by offering supportive measures to complainants and by adhering to the grievance process outlined in the Title IX Policy, before imposing any disciplinary sanctions or other sanctions that are not supportive measures against respondents.

The Frederick Community College policy and procedures are detailed fully here.

General Principles:
Upon receiving a formal complaint, the Title IX Coordinator(s) shall initiate the following grievance process, which shall at all times be guided by the following basic principles:

Equitable treatment of the parties by providing remedies and by following the grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
Objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and prohibition of credibility determinations depending on a party’s status as complainant, respondent, or witness.
Requirement that any person designated as a Title IX Coordinator, investigator, decision maker, or any person designated to facilitate an informal process not have a conflict of interest against complainants and respondents generally or an individual complainant and respondent.

The College will ensure that all persons serving as Title IX Coordinators, investigators, decision makers, and informal resolution facilitators will receive training on:
1. the definition of sexual harassment set forth above;
2. the scope of the College education program or activity;
3. how to conduct an investigation and grievance process; and
4. how to serve impartially.
Presumption that the respondent is not responsible for the alleged conduct until a determination has been made at the conclusion of the grievance process.
Prompt resolution of the grievance process, provided, however, that delays may be permissible for good cause such as law enforcement involvement, absence of a party, witness, or advisor, or translation or other accommodation needs.
Description of the range of possible disciplinary sanctions and remedies the College may implement following any determination of responsibility.
Application of the preponderance of the evidence standard for formal complaints against students and employees.
Providing of an avenue and permissible bases for the parties to appeal.
Provision of a range of supportive measures to the parties.
Unless waived, the process will not allow, rely upon, or otherwise use questions or evidence that constitute or seek disclosure of information protected by a legally recognized privilege.

Retaliation

The College shall not, and shall not permit any of its employees, agents, or students, to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX and its regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

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