Current through Register Vol. 22-07, April 1, 2022
Actual knowledge: Notice of
sexual harassment or allegations of sexual harassment to a recipient's Title IX
coordinator or any official of the recipient who has authority to institute
corrective measures on behalf of the recipient.
applicant(s), student(s), or visitors(s) of Whatcom Community College who
alleges that she or he has been subjected to discrimination or harassment due
to his or her membership in a protected class.
Complaint: A description of
facts filed by a complainant or signed by the Title IX coordinator alleging
sexual harassment against a respondent and requesting that the recipient
investigate the allegation of sexual harassment. In complaints where the Title
IX coordinator signs a formal complaint, the Title IX coordinator is not a
complainant or otherwise a party and must otherwise comply with their
Consent: Knowing, voluntary and clear permission by word or
action, to engage in mutually agreed upon sexual activity. Each party has the
responsibility to make certain that the other has consented before engaging in
the activity. For consent to be valid, there must be at the time of the act of
sexual intercourse or sexual contact actual words or conduct indicating freely
given agreement to have sexual intercourse or sexual contact. A person cannot
consent if he or she is unable to understand what is happening or is
disoriented, helpless, asleep, or unconscious for any reason, including due to
alcohol or other drugs. An individual who engages in sexual activity when the
individual knows, or should know, that the other person is physically or
mentally incapacitated has engaged in nonconsensual conduct. Intoxication is
not a defense against allegations that an individual has engaged in
nonconsensual sexual conduct.
Decision maker: The individual that leads and coordinates the
disciplinary phase of these procedures, following a full investigation as
outlined below. In cases involving only students as complainants and
respondents the decision maker will be the director for student conduct or
designee. In cases involving employees as either complainants, respondents, or
both the decision maker will be the executive director for human resources or
designee. The decision maker cannot be the Title IX coordinator involved in the
case, or the investigator.
Resolution: The means by which the complaint is finally addressed.
This may be accomplished through informal or formal processes, including
counseling, mediation, or the formal imposition of discipline.
Respondent: Person or
persons who are members of the campus community who allegedly discriminated
against or harassed another person or persons. Any person alleged to have
violated this policy is presumed not responsible until the resolution of the
formal or informal process.
Retaliation: Harming, threatening, intimidating, coercing, or
taking adverse action of any kind against a person because the person reported
an alleged violation of this policy or other college policy, provided
information about an alleged violation, or participated as a witness or in any
other capacity in an investigation or disciplinary proceeding.
Nondisciplinary, nonpunitive individualized services offered as appropriate, as
reasonably available, and without fee or charge to the complainant or the
respondent before or after the filing of a formal complaint or where no formal
complaint has been filed. The Title IX coordinator is responsible for
coordinating these measures. Supportive measures may include: Counseling,
extensions of deadlines or other course-related adjustments, modifications of
work or class schedules, campus safety escort services, mutual restrictions on
contact between the parties, changes in work or housing locations, leaves of
absence, increased security and monitoring of certain areas of the campus, and
other similar measures (See VAWA Section 304 for additional measures that may
be required). These measures are available to complainants without the filing
of a formal complaint.