Title IX Prohibited Conduct and Sexual Misconduct Policy
Introduction
Section I - Title IX Prohibited Conduct
This Section I - Title IX Prohibited Conduct, incorporates by reference, all the foregoing (1-4) and all of Section II - Sexual Misconduct (II.1-II.5)) as if fully stated herein.
College’s Response to Prohibited Conduct
The College must investigate allegations in a formal complaint. A complainant must be participating in, or attempting to participate in, one or more of the College’s education programs or activities in order to file a formal complaint.
The Title IX Coordinator shall conduct an initial assessment of any formal complaint to determine whether Section I or Section II of this Policy apply. If the conduct alleged in the formal complaint would not constitute Section I Title IX Prohibited Conduct, even if proven, because it (a) did not meet the definition of sexual harassment, (b) did not occur within the College’s education programs or activities, or (c) did not occur against a person in the United States, then the College must, per federal regulations (34 CFR §106.45(b)(3)(i)), dismiss the formal complaint with regard to that conduct for purposes of Section I of this Policy. However, such a dismissal does not preclude action under this Section II.
Section II - Sexual Misconduct
This Section II - Sexual Misconduct, incorporates by reference, all of the foregoing (1-4, College’s Response to Prohibited Conduct, and Section I – Title IX Prohibited Conduct (I.1-I.7)) as if fully stated herein.
College’s Response to Prohibited Conduct
The College must investigate allegations in a formal complaint. A complainant must be participating in, or attempting to participate in, one or more of the College’s education programs or activities in order to file a formal complaint.
The Title IX Coordinator shall conduct an initial assessment of any formal complaint to determine whether Section I or Section II of this Policy apply. If the conduct alleged in the formal complaint would not constitute Section I Title IX Prohibited Conduct, even if proven, because it (a) did not meet the definition of sexual harassment, (b) did not occur within the College’s education programs or activities, or (c) did not occur against a person in the United States, then the College must, per federal regulations (34 CFR §106.45(b)(3)(i)), dismiss the formal complaint with regard to that conduct for purposes of Section I of this Policy. However, such a dismissal does not preclude action under this Section II.