Sexual harassment of students or applicants in any form is unacceptable conduct that will not be tolerated. Sexual harassment includes
- Unwelcome sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or academic advancement.
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such an individual.
- 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 working or academic environment.
- Sexual Exploitation. When a person takes advantage of another without that individual’s consent for the initiator’s own advantage or benefit or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
- Sexual and Interpersonal Violence; includes, but not limited to
- Non-consensual Sexual Contact. Kissing or touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity
- Non-consensual Sexual Intercourse. 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 the consent of the victim. This offense includes the rape of both males and females.
- Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent.
- Domestic Violence. A felony or misdemeanor crime of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or who has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, 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 jurisdiction in which the crime of violence occurred.
- 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 the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. For the purposes of this definition, a “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Cases that meet the Title IX definition or criteria for sexual harassment, including allegations of sexual and interpersonal violence, will be addressed using the Title IX Policy. All other cases of sexual misconduct will be managed under this policy. Determinations on which policy will be utilized will be made by the Title IX Coordinator.
No student or applicant of the College shall threaten or insinuate, either explicitly or implicitly, that a student's or applicant's refusal to submit to sexual advances will adversely affect that person's application, enrollment, grades or educational experience.
Any student or applicant who feels that he or she is a victim of sexual harassment by any student, applicant, faculty member or other College employee should bring the matter to the attention of the Title IX Coordinator and Title IX Administrators as specified in the Title IX Policy. Any questions about this policy or potential sexual harassment should also be brought to the attention of the above College officials.
The College will promptly investigate all allegations of sexual harassment in as confidential a manner as possible and take appropriate corrective action, if warranted.
Students Rights and Responsibilities
Students, as well as guests, are expected to conduct themselves in a manner aligned with the Codes, reflecting the ideals, values, and educational aims of the College at all times. Including, but not limited to, upholding the rights and freedom of others, respect for others, and safety for the overall ACC community. The student is responsible for knowing the Codes and policies of ACC.
The following lists include information about the student rights and responsibilities as related to the Student Conduct Process.
Student Respondent Rights
- Students have the right to be notified of the allegations and process.
- Students have the right to review the Codes and Student Conduct processes.
- Students have the right to waive any of these rights. Waivers must be submitted in writing.
- At the time of the hearing, students have the right to have reasonable access to related materials pertaining to said allegations.
- Students have the right to respond, in writing, to said allegations. All submissions must be received at least one business (1) day prior to the hearing.
- Students have the right to remain silent.
- Students have the right to provide materials and witnesses pertaining to said allegations.
- Students have the right to request a support person to be present. Support persons are at the expense of the student. Support persons are not permitted to speak to the Conduct Committee or at the hearing. Support person or persons are individuals who are not involved in the incident. Attorneys are not permitted at the hearings nor are they permitted as a support person except for cases involving any of the conduct under Title IX policy.
- Students have the right to be notified of the appeals process.
Extraordinary circumstances that necessitate an adjustment of the process may also include an adjustment of the student’s rights.
- Student Responsibilities (this list is not considered to be exhaustive) a. Students must conduct themselves during the process in a manner aligned with the Codes.
- During the process, all statements must be honest and complete.
- Students are responsible for attending all meetings, hearings, and conferences in a timely manner.
- Students are responsible for preparing and submitting their responses; including but not limited to the responses of their witnesses.
- Students must comply with all sanctions within the manner and timeframe imposed.
Student Complainant Rights
- The right to be given a written notification of rights and options, including information about the importance of preserving evidence.
- The right to report or not report the alleged incident to the Institution, law enforcement or both, including information about the survivor’s right to privacy and which reporting methods are confidential;
- The right to request and receive assistance from campus authorities in notifying law enforcement;
- The right to request and receive assistance in obtaining and enforcing a campus-issued order of protection or no contact order;
- The right to speak to and receive assistance from on and off campus resources and other organizations that provide support and services to victims and survivors;
- The right to written notification and assistance from the Institution regarding local health and mental health services, counseling, advocacy services, legal assistance, financial aid services and immigration/visa assistance;
- The right to written notification about options for, available assistance in, and how to request changes to academic, living, transportation and working situations or protective measures. The institution must make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
- The right to protective measures implemented by the institution including, but not limited to, no contact orders, class schedule modification, and security escorts.
- The Institution will protect the confidentiality of victims and other necessary parties including supportive measures and in Clery Act reporting.
- Contact information for all of the people and organizations listed herein.
- The right to a fair, impartial, proceeding that begins promptly and is completed within reasonably prompt timeframes;
- The right to a resolution process that is consistent with the Institution’s policies, transparent to the complainant and respondent, and provides timely and equal access to the accuser, the accused and appropriate officials any information that will be used during the disciplinary hearing.
- The right not to be retaliated against for filing a formal complaint and/or for participating in an informal or formal resolution process.