The Aspen Institute Aspen Prize for Community College Excellence Top 150 2017
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Sexual Assault and Domestic Violence

MCC is committed to maintaining an educational environment free from any form of discrimination or harassment including but not limited to discrimination, harassment and /or violence on the basis of sex in accordance with Title IX of the Education Amendments of 1972.

MCC prohibits discrimination or harassment of all forms, including but not limited to sexual discrimination, sexual violence, or sexual harassment (including intimidation bullying behavior based on gender). The college shall exercise reasonable care to prevent and promptly correct discriminating, violent, or harassing behavior and shall develop preventative or corrective measures to address these behaviors. MCC also prohibits retaliation against anyone for reporting discriminating, violent or harassing behavior or for participating in discrimination or harassment investigations.

Sexual Assault

A sex offense that meets the definition of rape, fondling, incest, or statutory rape.

Rape

The 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 complainant;

Fondling

The 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 age or because of temporary or permanent mental incapacity.

Incest

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 younger than 17 years of age and is not a spouse of the respondent.


Sexual Harassment

Unwelcome conduct of a sexual nature. Sexual harassment is a form of sex discrimination that can occur when:

  • The submission to unwelcome physical conduct of a sexual nature, or to unwelcome request for sexual favors or other verbal conduct of a sexual nature, is made an implicit or explicit term or condition of employment or education;
  • Unwelcome physical acts of a sexual nature, or unwelcome request for sexual favors or other verbal conduct of a sexual nature, that have the effect of creating an objectively hostile environment that substantially interferes with employment or education on the basis of sex; or
  • Such conduct is intentionally directed towards a specific individual and has the purpose or effect of unreasonably interfering with the individual’s education, employment, or participation in College activities, or creating an intimidating, hostile, or offensive atmosphere.

Sexual harassment may include:

  • Unwelcome intentional touching.
  • Deliberate physical interference with or restriction of movement.
  • Verbal conduct, including oral, written or symbolic expression.
  • Explicit or implicit propositions to engage in sexual activity.
  • Gratuitous comments, jokes, questions, anecdotes, or remarks of a sexual nature about clothing or bodies.
  • Persistent, unwanted sexual or romantic attention.
  • Subtle or overt pressure for sexual favors.
  • Exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars, or other materials
  • Deliberate, repeated humiliation, or intimidation based upon sex.

Consent

Consent is a clear, affirmative, unambiguous and freely given agreement in a specific sexual activity. Consent is demonstrated verbally or through actions that clearly indicate a willingness to engage in a specific sexual activity. Consent for a specific activity does not imply consent for any other activity. Use of drugs, alcohol, or other intoxicants does not diminish one’s responsibility to obtain consent.

Consent must be knowing and voluntary. To give consent, a person must be awake, of legal age, and have the capacity to reasonably understand the nature of his/her actions. Consent cannot be given by an individual who is mentally or physically incapacitated through the effect of drugs, alcohol or other intoxicants or for any other reason. Consent is not implied by the existence of a prior or current relationship or participation in prior sexual activity. Consent to engage in sexual activity may be withdrawn at any time and is automatically withdrawn by a person who is no longer capable of giving consent.


Incapacitation

A state of being that prevents an individual from having the capacity to give consent. For example, incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability.


Retaliation

Any act of reprisal, including materially adverse or otherwise unwarranted treatment, related to the reporting of, or participation in a complaint of sexual assault, dating violence domestic violence or stalking.


Stalking

A course of conduct directed at a specific person that would cause a reasonable person to fear for his/her own safety or the safety of others or would cause that person to suffer substantial emotional distress. A “course of conduct” means two or more acts in which a person directly, indirectly or through third parties, by an action, method, devise or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with person’s property. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the complainant. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.


Domestic Violence

Domestic violence is a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabiting with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse or the victim under the domestic or family violence laws of Michigan.


Dating Violence

Dating violence is 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 with consideration of the following factors: the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse, or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.


Bystander Intervention

Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.


Confidentiality

MCC recognizes that confidentiality may be particularly important to victims of sexual assault, dating violence, domestic violence, and stalking. We will take all reasonable steps to investigate and respond in a manner consistent with a student’s confidentiality request and be up front if we can not ensure confidentiality. Request for confidentiality or remaining anonymous may greatly limit MCC’s ability to investigate an alleged incident, collect evidence, and/or take effective action against an individual. However, every effort to remedy the effects and prevent the recurrence will be taken.

An individual who has experienced a sexual assault is strongly encouraged to seek medical and psychological care regardless of whether he/she intends to report the assault to police. He/she may be prescribed medications to prevent sexually transmitted infections and/or pregnancy regardless of whether the police were contacted.

An individual who experiences any form of sexual assault may pursue a civil or criminal complaint. If the offense occurred on or off campus, MCC will assist victims and provide them with local resources and options. Regardless if an individual decides to file a criminal complaint, a complainant can still file a report with the Title IX Coordinator at MCC.

Reports of incidents of sexual assault, domestic violence, dating violence, and stalking may be made to MCC Title IX Coordinator in the Prahl College Center PCC 2030, (810) 762-0242. Or call campus police at (810) 762-0222 or 911 if off campus. A victim should include dates, times, locations, witnesses, and specifics of what was said, clothing description, tattoos, or anything unusual, vehicle makes, model, year, color, license plate.

February 21, 2017
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