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• Introduction to the Procedure
• What is Sexual Misconduct?
• What is Consent?
• How can I file a report or make a complaint?
• What happens after the process is over?

If this is an emergency

• On campus, call 5555
• Off campus call 911

If you have experienced unwelcomed sexual behavior, contact any of the offices and staff below.

Terrie Minner - Title IX Coordinator
Office: Bldg. 01, Rm. 218C
Phone: (541) 463-3010
Email: minnert@lanecc.edu
Privacy Level*: Responsible Resource

Kerry Levett - Executive Dean for Student Affairs
Office: Bldg. 3, Rm. 208
Phone: (541) 463-5275
Email: levettk@lanecc.edu
Privacy Level*: Responsible Employee

Public Safety Officers - Main Campus
Office: Public Safety, Bldg. 13
Phone: (541) 463-5558
Privacy Level*: Responsible Employees

Public Safety Officers - Downtown Campus
Office: Downtown Campus, Rm. 129
Phone: (541) 463-6267
Privacy Level*: Responsible Employees

Person: Patsy Raney - Student Advocate (Women's Center)
Office: Bldg. 1, Rm. 202A
Phone: (541) 463-5298
Email: raneyp@lanecc.edu
Privacy Level*: Confidential Resource

Women's Center 
Office: Bldg. 01, Rm. 202
Phone: (541) 463-5353

Counseling Center 
Office: Bldg. 01, Rm. 103
Phone: (541) 463-3200
Privacy Level*: Confidential Resources Available

Multicultural Center 
Office: Bldg. 01, Rm. 201
Phone: (541) 463-5276

Health Clinic 
Office: Bldg. 18, Rm. 101
Phone: (541) 463-5665
Privacy Level*: Confidential Resources Available

Director of Student Standards
Office: Bldg 19, Rm 231B
Phone: (541) 463-5787
Email: yehc@lanecc.edu
Privacy Level*: Responsible Employee

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What other resources are there to understand Gender-Based Misconduct?

Sexual Respect at Lane Community College

Sexual Assault Awareness and Prevention (Public Safety Department)

Consumer Information Page

• This page is a summary of consumer information that is made available to all prospective and enrolled students and Employees at Lane Community College in accordance with federal regulations in the Higher Education Act of 1965, as amended. Each topic gives a brief description of the information that is disclosed and how it can be obtained. Paper copies of any of the informational items listed below can be provided by contacting the listed department or school official.

Know your IX

Sexual Assault Support Services of Lane County

Oregon Sexual Assault Task Force

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Lane Community College Policies and Procedures:

Student Code of Conduct

Student Rights and Responsibilities

Harassment and Discrimination Complaint Process

Sexual Assault

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What's the difference between Privacy and Confidentiality?

Issues of privacy and confidentiality play important roles in this procedure and may affect individuals differently. Privacy and confidentiality are related but distinct terms that are defined below.

Confidentiality: The term "confidentiality" refers to the circumstances under which information will not be disclosed to others unless with express written permission, except in situations involving a direct threat to self or others such as the college community. Confidential resources at Lane are available for students and employees and listed in the table on page 1 of this procedure. Lane Counselors are confidential resources in their role as personal counselors and are not required to report any information about an incident to the Title IX Coordinator without the Complainant's permission except in situations involving a threat to self or others. This privileged communication only applies when counselors are supporting students in a personal counseling role, as opposed to serving as faculty or fulfilling other roles of their job.

When a report involves suspected abuse of a minor under the age of 18, all college employees, include these Confidential Resources, are required by state law to notify child protective service and/or local law enforcement. In addition to notifying the Title IX Coordinator, any individual is required to make a direct report as follows:

• If the child is in immediate danger, call 911,
• If there is no immediate danger, contact Lane County Department of Human Services at (541) 686-7555 (local) or (866) 300-2782 (toll free), Monday-Friday, 8:00am-5:00pm.

Privacy: The term "privacy" refers to the discretion exercised by the College in the course of any investigation or disciplinary processes under this procedure. The College has an obligation to make reasonable efforts to investigate and address complaints or reports of violations of this procedure. In all such proceedings, the College will take into consideration the privacy of the parties to the extent possible.

In cases involving students, the Title IX Coordinator may notify other College employees of the existence of the complaint for the purpose of overseeing compliance with this procedure and addressing any concerns related to educational and residential life. While not bound by confidentiality, these individuals will be discreet and will respect the privacy of those involved in the process.

Any additional disclosure of information related to the complaint or report may be made if consistent with the Family Educational Rights and Privacy Act (FERPA), or the Title IX requirements.

Anonymous Reports: If a complainant (the recipient of the unwelcomed behavior) self-identifies but asks to remain anonymous during the investigation, the Title IX Coordinator will consider how to proceed, taking into account the complainant's wishes, the College's commitment to provide a non-discriminatory environment, and the respondent's (the person to whom the report of an alleged violation refers) right to have specific notice of the allegations if the College were to take action that affects the respondent. In such circumstances, the Title IX Coordinator may arrange for limited fact-finding by an investigator to better understand the context of the complaint.

Requests for confidentiality or use of anonymous reporting may limit the College's ability to conduct an investigation.

Confidential Resources: The College has designated campus professionals as Confidential Resources. Conversations with Confidential Resources are privileged. Information shared with Confidential Resources (including information about whether an individual has received services) will only be disclosed to the Title IX Coordinator or any other person only with the individual's express written permission, unless there is an imminent threat of serious harm to the individual or to others, or a legal obligation to reveal such information (e.g., if there is suspected abuse or neglect of a minor). Confidential Resources may submit non-identifying information about violations of this procedure to the Public Safety Department for purposes of the anonymous statistical reporting under the Clery Act.

An individual who is not prepared to make a report, or who may be unsure how to label what happened, but still seeks information and support, is strongly encouraged to contact a Confidential Resource. See page 1 for a complete list of Confidential Resources on campus.

What are Responsible Employees?

Responsible Employee: The College considers all others to be "Responsible employees." A responsible employee includes any employee:

• who has the authority to take action to redress sexual violence;
• who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or
• whom a student could reasonably believe has this authority or duty (Department of Education, 2014).

Notice to these "responsible employees" is official notice to the institution. You have the right and can expect to have incidents of sexual misconduct and/or discrimination to be taken seriously by the institution when formally reported, and to have those incidents investigated and properly resolved through administrative procedures. All members of the College community are required to report any suspected violation of this procedure.

In emergency situations, if there is a suspected crime in progress, or imminent or serious threats to the safety of anyone, faculty and staff members must immediately contact the Public Safety Department by dialing x5555 from an on-campus telephone or (541) 463-5555 from an off-campus telephone or cell phone. Blue emergency phones are also strategically placed around campus if you do not have access to a phone.

In non-emergency situations, faculty and staff members, unless a Confidential Resource, must promptly report suspected violations to the Title IX Coordinator. Some students with special responsibilities must promptly report alleged violations of this procedure to their supervisor, who will then consult with the Title IX Coordinator.

In some circumstances, the reporting responsibilities of College employees, or the College's responsibility to investigate, may conflict with the preferences of the complainant and/or respondent with regard to privacy and confidentiality. Therefore, all individuals are encouraged to familiarize themselves with their options and responsibilities, and make use of Confidential Resources, if applicable, in determining their preferred course of action.

What if I just want to talk to someone and do not want to have the College involved?

If you are seeking someone to support you during this time, but do not want to file a complaint, you should seek out a Confidential Resource (employee) or community resources. At Lane, Confidential Resources include licensed counselors, licensed Health Clinic personnel, and the Title IX Coordinator. Off campus, these people may include licensed mental health providers, medical health provides, and members of the clergy.

These people will provide support and direct individuals to resources as well as describe options students have with regards to reporting. Keep in mind that disclosing only to Confidential Resource employees limits the effective response on the College's part.

In cases in which an individual presents a threat to themselves or others, confidentiality is waived in order to keep people safe.

Introduction to the Procedure

Lane Community College does not tolerate sex or gender discrimination, including sexual misconduct such as sexual harassment and sexual assault, stalking, and intimate partner violence. These behaviors are harmful to the well-being of our community members, the learning/working environment, and collegial relationships among our students, faculty, and staff. All forms of prohibited conduct under this procedure are regarded as serious College offenses, and violations will result in discipline, including the possibility of separation from the College. State and federal laws also address conduct that may meet the College's definitions of prohibited conduct, and criminal prosecution may take place independently of any disciplinary action instituted by the College.

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex or gender in the College's programs and activities. The College will respond to complaints or reports about prohibited conduct with measures designed to stop the behavior, eliminate any such gender discrimination, prevent the recurrence of the prohibited conduct, and remediate any adverse effects of such conduct on campus or in College-related programs or activities.

The College has an obligation to make reasonable efforts to investigate and address complaints or reports of sex or gender discrimination, including sexual misconduct, whenever it becomes aware of such a complaint or report. Once made aware, the College must conduct an investigation regardless of how the information was brought to the College's attention or the extent to which the complainant (i.e., an individual who has been subjected to prohibited conduct, according to the complaint or report) wishes to participate or be involved. All individuals have access to Confidential Resources that they may use for support and guidance without initiating College action.

Retaliation against anyone involved in filing an internal complaint under this procedure, filing an external complaint, participating in the internal disciplinary process, or opposing in a reasonable manner an act believed to constitute a violation of this procedure and Board Policy 630: Harassment, is prohibited and will not be tolerated.

In light of these commitments, the College has adopted this procedure, which includes investigation and disciplinary procedures that will be followed in response to allegations of sex or gender discrimination, including sexual misconduct such as sexual harassment and sexual assault, intimate partner violence, stalking, and related retaliation. In a case of alleged sex or gender discrimination or sexual misconduct, this policy supersedes policies and procedures for other forms of misconduct.

(Note: The Introduction is adapted from Princeton University, 2014)

What is the purpose of this procedure?

The College has a zero tolerance policy regarding all forms of sexual harassment (see Board Policies: Sexual Assault and Harassment). The purpose of this complaint procedure is to provide College students and staff an academic and work experience that is free from sexual harassment, sexual misconduct, and sexual violence. This procedure provides for timely, reliable and impartial investigation of complaints.

The College will take steps to:

• investigate what occurred,
• take action to stop the misconduct,
• prevent its recurrence, and
• remedy any discriminatory effects on the complainant or others.

This procedure is intended to provide for prompt and effective College response to, and resolution of, reports of sexual misconduct.

Who is the Title IX Coordinator and what do they do?

The Title IX Coordinator will be informed of all complaints or reports of violations of this procedure, and oversees the College's centralized response to ensure compliance with Title IX and the 2013 Amendments to the Violence Against Women Act (VAWA). The Title IX Coordinator's activities include (but are not limited to):

• Communicating with all members of the College community regarding Title IX and VAWA, and providing information about how individuals may access their rights;
• Reviewing applicable College policies and procedures to ensure institutional compliance with Title IX and VAWA;
• Monitoring the College's administration of its own applicable policies and procedures, including record keeping, timeframes, and other procedural requirements;
• Coordinating training regarding Title IX, VAWA, and prohibited conduct defined in this procedure; and
• Responding to any complaint or report regarding conduct that violates this procedure. In this capacity, the Title IX Coordinator oversees the investigation and resolution of such alleged misconduct, directs the provision of any remedial measures, and monitors the administration of any related appeal.

The Title IX Coordinator may delegate responsibilities under this procedure to designated administrators, who will be appropriately trained.

The College's Title IX Coordinator's contact information is as follows:

Title IX Coordinator: Terrie Minner, Interim Associate Dean of Accessibility and Support
(541) 463-3010
MinnerT@lanecc.edu
Building 1, Room 218

Deputy Coordinator: Carl Yeh, Director of Student Standards
(541) 463-5787
yehc@lanecc.edu
Building 19, Room 231B

Deputy Coordinator: Dennis Carr, Director of Human Resources
(541) 463-5586
CarrD@lanecc.edu
Building 3, Room 119

What is Sex Discrimination?

Sex discrimination is adverse treatment of an individual based on sex or gender, rather than individual merit. Sex discrimination encompasses sexual misconduct but also includes other discriminatory behavior that does not constitute sexual misconduct. Sex discrimination may also include abusive or harassing behavior, whether verbal or physical, that demeans or intimidates another individual because of sex, gender identity, or gender expression. Examples of conduct that can constitute sex discrimination include but are not limited to the following when the reason for the action is the target person's sex or gender identify, or gender expression:

• Singling out or targeting an individual for different or adverse treatment (e.g., more severe discipline, lower salary increase);
• Failing or refusing to hire or allow participation by an individual in a College activity;
• Terminating or removing an individual from employment or an educational program; or
• Verbally harassing, abusing, or demeaning a targeted individual with conduct designed to adversely impact that individual.

What is Sexual Misconduct?

Sexual misconduct offenses include but are not limited to:

• sexual harassment;
• non-consensual sexual contact (or attempts to commit same);
• non-consensual sexual intercourse (or attempts to commit same);
• domestic violence/dating violence/intimate partner violence;
• sexual exploitation.

What is Sexual Harassment?

Sexual Harassment is:

• unwelcome, gender-based verbal or physical conduct that is,
• sufficiently severe, persistent or pervasive that it,unreasonably interferes with, denies or limits someone's ability to participate in or benefit from the college's educational program and/or activities, and
• is 
based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation

Examples of sexual harassment include:

• an attempt to coerce an unwilling person into a sexual relationship;
• to repeatedly subject a person to egregious, unwelcome sexual attention;
• to punish a refusal to comply with a sexual based request;
• to condition a benefit on submitting to sexual advances;
• sexual violence;
• intimate partner violence;
• stalking;
• gender-based bullying.

Examples of sexual harassment in a college community:

[Note: Not all workplace or educational conduct that may be described as "harassment" affects the terms, conditions or privileges of employment or education. For example, a mere utterance of an ethnic, gender-based or racial epithet which creates offensive feelings in an employee or student would not normally affect the terms and conditions of their employment or education.]

• A professor insists a student have sex with them in exchange for a good grade. This is harassment regardless of whether the student accedes to the request.
• A student repeatedly sends sexually oriented jokes around an email list they created even when asked to stop, causing one recipient to avoid spending time on campus.
• A professor engages students in discussion in class about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. The professor probes for explicit details, and demands the students answer, though they are clearly uncomfortable and hesitant.
• An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus.
• A student grabbed another student by the hair, then grabbed her breast and put his mouth on it.
• A transgender student is using the men's locker room when another male student exclaims, "I'm gonna prove you're really a girl!" and tries to remove his towel so as to expose his genitals.

What do these terms mean?

A hostile work environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive, and objectively offensive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged Complainant) and an objective (reasonable person's) viewpoint.

Quid pro quo sexual harassment exists when there are:

• unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
• submission to or rejection of such conduct that results in adverse educational or employment action.

Retaliatory harassment is any adverse employment or educational action taken against a person because of the person's participation in a complaint or investigation of discrimination or sexual misconduct.

Non-consensual sexual contact is (commonly referred to as sexual assault):

• Any intentional sexual touch,
• However slight,
• With any object,
• By a man or a women upon a man or a woman,
• That is without consent and/or by force.

Examples of sexual contact include: Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Force
Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that overcome resistance or produce consent (e.g. "Have sex with me or I'll hit you. Okay, don't hit me; I'll do what you want.").

• Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you they do not want sex, they want to stop, or they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be considered coercive.
• NOTE: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The absence of resistance is not conclusive that force was not used. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not by definition forced.
• In order to give effective consent, one must be of legal age.
• Sexual activity with someone who one should know to be–or based on the circumstances should reasonably have known to be–mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this procedure.
  • Incapacitation is a state in which someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the "who, what, when, where, why or how" of their sexual interaction).
  • This procedure also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this procedure. More information on these drugs can be found at 911 Rape Information
• Use of alcohol or other drugs will never function as a defense for any behavior that violates this procedure.
• The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this procedure.

Non-consensual sexual penetration is (commonly referred to as rape):

• Any sexual intercourse
• However slight,
• With any object,
• By a man or woman upon a man or women,
• That is without consent and/or by force.

Intercourse includes: vaginal penetration by a penis, object, tongue, or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Intimate Relationship Violence is (also referred to as dating or intimate partner violence) committed by a person:

• Who is or has been in a social relationship of a romantic or intimate nature with the victim, and
• Where the existence of such a relationship shall be determined based on a consideration of:
  • Length of the relationship.
  • Type of the relationship.
  • The frequency of interaction between the people involved in the relationship.

Intimate Relationship (i.e. Dating) violence is defined as violence committed by a person who has 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.

Examples of Intimate Relationship violence include but are not limited to:

• physical,
• emotional/psychological,
• sexual, or
• economic acts.

In an intimate relationship violence can be a single act or pattern of behavior.

Domestic violence includes:

• A particular type of intimate relationship violence that occurs when partners in a current or former intimate relationship are or have been cohabiting in the same space. Students are deemed to be cohabiting when they share access to the same private living space or bathroom.
• 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 cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  • 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;
  • 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.

Sexual Exploitation:
Occurs when a person takes non-consensual or abusive sexual advantage of another for their 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 other sexual misconduct offenses.

Examples of sexual exploitation include, but are not limited to:

• Invasion of sexual privacy;
• Prostituting another student;
• Non-consensual video or audio-taping of sexual activity;
• Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
• Engaging in voyeurism;
• Knowingly transmitting an STI or HIV to another student;
• Exposing one's genitals in non-consensual circumstances;
• inducing another to expose their genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Stalking:
A course of conduct (i.e., more than one act) directed at a partner in a current or former intimate relationship that would cause a reasonable person to feel fear, to experience emotional distress, or to fear for the safety of a third person. Acts that together constitute stalking may be direct actions or may be communicated by a third party, and can include, but are not limited to: threats of harm to self or others; pursuing or following; non-consensual (unwanted) communication by any means; unwanted gifts; trespassing; and surveillance or other types of observation.

What is Consent?

In reviewing possible violations of sexual misconduct, the College considers consent as the voluntary, informed, uncoerced agreement through words and actions freely given, which a reasonable person would interpret as a willingness to participate in mutually agreed-upon sexual acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate.

Indications that consent is not present include: when physical force is used or there is a reasonable belief of the threat of physical force; when duress is present; when one person overcomes the physical limitations of another person; and when a person is incapable of making an intentional decision to participate in a sexual act, which could include instances in which the person is in a state of incapacitation.

Important points regarding consent include:

• Consent to one act does not constitute consent to another act.
• Consent on a prior occasion does not constitute consent on a subsequent occasion.
• The existence of a prior or current relationship does not, in itself, constitute consent.
• Consent can be withdrawn or modified at any time.
• Consent is not implicit in a person's manner of dress.
• Accepting a meal, a gift, or an invitation for a date does not imply or constitute consent.
• Silence, passivity, or lack of resistance does not necessarily constitute consent.
• Initiation by someone who a reasonable person knows or should have known to be deemed incapacitated is not consent.

In the context of this procedure, incapacitation is the state in which a person's perception or judgment is so impaired that they lack the cognitive capacity to make or act on conscious decisions. The use of drugs or alcohol can cause incapacitation. An individual who is incapacitated is unable to consent to a sexual activity. Engaging in sexual activity with an individual who is incapacitated (and therefore unable to consent), where a person knows or ought reasonably to have understood the individual is incapacitated, constitutes sexual misconduct.

NOTE: Oregon state law considers persons under the age of 18 to be "incapable of consenting to a sexual act" (ORS §163.315.) and states that if lack of consent is solely a result of the age of the victim, it is a defense to certain crimes that the actor was less than three years older than the victim at the time of the alleged offense (ORS § 163.345).

To whom does this procedure apply? (Jurisdiction)

This reporting procedure applies to all Lane Community College students alleging sexual misconduct carried out by employees, other students, or third parties and to employee reports against students, other employees or third parties; and to incidents that occur on and off campus when there is a College-related event or activity in which misconduct occurs, or the misconduct involves two members of the College community. Definitions of "student" and "employee" are the same as in the Student Code of Conduct. Third parties are both protected by and subject to this procedure. A third party may make a complaint or report of a violation of this procedure committed by a member of the College community. A third party may also be permanently barred from the College or subject to other restrictions for failing to comply with this procedure. Examples of third parties are organizations that lease space and services from Lane Community College and contractors doing work for Lane Community College.

Incidents should be reported as soon as possible after the event. If complaints are filed after a year from the incident, the College will be limited in our ability to remedy the effects of the misconduct.
This procedure applies to conduct that occurs on College property (i.e., on campus) and in the local vicinity. All actions by a member of the College community that involve the use of the College's computing and network resources from a remote location, including but not limited to accessing email accounts, will be deemed to have occurred on campus. This procedure also applies to conduct that occurs off College property (i.e., off campus) when the conduct is associated with a College-sponsored program or activity, such as travel, research, or internship programs or when such conduct may have a continuing adverse effect or could create a hostile environment on campus. Judgments about these matters will depend on facts of an individual case.

What if I am afraid of retaliation?

Retaliation against the complainant (the person who filed a report, or who is the recipient of the unwelcome behavior) or anyone who participates in any manner in an investigation or resolution of a report of sexual misconduct is expressly forbidden. An individual who is subjected to retaliation (e.g. threats, intimidation, reprisals, damage to one's reputation, or adverse employment or educational actions) is encouraged to make a report of retaliation. Retaliation claims should be reported to the Title IX Coordinator or through the Student Complaint form as soon as possible.

The College makes reasonable efforts to safeguard the complainant's rights against retaliation by taking prompt and appropriate corrective action when necessary.

While going through the reporting process, can the College do anything to keep me safe or stop the unwelcomed behavior?

The College can enact certain interim actions that are appropriate given the specifics of:

• the alleged unwelcome behavior,
• nature of the relationship between the complainant and respondent,
• and the type of report procedure (informal vs. formal).

Interim actions help the College to stop the unwelcome behavior as well as remedy the effects of the unwelcome behavior. Here are some of the interactions that may be appropriate:

• Access to on-campus counseling services and assistance in setting up an initial appointment;
• Advocacy for accessing community resources for ongoing assistance to include, but not limited to:
  • an individual safety plan,
  • counseling,
  • case management/advocacy,
  • support,
  • legal advocacy,
  • emergency shelter/housing, etc.
• No conduct directives between parties
• Class section/schedule changes, including the ability to withdrawal from a course
• Rescheduling of exams, projects and assignments
• Providing alternative course completion options
• Changing work schedules, job assignments, or job locations for college employment
• Providing academic support services such as tutoring
• Limiting or barring an individual's or organization's access to certain Lane Community College-owned facilities or activities
• Collaborating with Public Safety to create a personal safety plan (both on and off campus) and including an escort to ensure safe movement between classes and activities
• Interim suspension of the Respondent
• Student-requested leaves of absence

Additionally, on and off campus support services will be identified.

How can I file a report or make a complaint?

Students can report or make a complaint with any Lane Community College employee. Students have several options for reporting unwelcomed behavior. Any of the people listed at the beginning of the procedure can be contacted. Additionally, students can report online through the myLane home page in the mySafety section by using the link: "Students: Report an incident or complaint."

At the complainant's request, the COLLEGE will assist the complainant in contacting local law enforcement and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process.

Anonymous and Third Party Reports. The College will respond to the extent possible to anonymous reports of sexual misconduct or reports made by third parties not directly involved in the incident, however, the response to such reports may be limited if information contained in the reports cannot be verified by independent facts.

What happens after a complaint or report is filed?

The College is committed to providing a prompt, thorough, and impartial investigation of all alleged violations of this procedure. During the disciplinary process, both parties (complainant and respondent) have equivalent rights (which will be provided to Complainants in writing), including the opportunity to present evidence, to be accompanied by an adviser of their choice, and to appeal. The College will concurrently provide both parties with written notification of the outcome of the process and any appeal.

In order to protect the safety of the campus community, the Title IX Coordinator may investigate allegations of violations of this procedure even absent the filing of a formal complaint or report, or if a complaint or report has been withdrawn. The Title IX Coordinator may need to proceed with an investigation even if a complainant specifically requests the matter not be pursued. In such a circumstance, the Title IX Coordinator will take into account the complainant's concerns, the best interests of the campus community, fairness to all individuals involved, and the College's obligations under Title IX.

Flow chart of process once complaint or report is filed - pdf

• Complaint Filed
• Title IX Coordinator initial assessment of complaint
  • If not violation, complaint may be dismissed
  • If complaint is outside of procedure, may refer to other office or procedure
  • If complaint could be violation, determine appropriate interim measures and initiate an Investgation
    • Student Complainant/Student Respondent - referred to Code of Conduct process
    • Employee Complainant/Student Respondent - referred to the Code of Conduct process
    • Student Complainant/Employee Respondent - referred to support services

The College will not compel a Complainant to engage in mediation to directly confront the Respondent. Mediation, even if voluntary, may not be used in cases involving sexual misconduct.

Student/Student Complaints
When only students are involved in the complaint, and the complainant and the respondent (the person against whom the complaint is made) are students, the Student Code of Conduct procedure will be followed. The Conduct Resolution Administrator serves as Complaint Resolution Administrators.

These processes should be read to be consistent with one another and in the event of a direct conflict between the two, the Student Gender-Based Sexual Misconduct Procedure shall govern.

Employee/Student Complaints
When the employee is the complainant and the student is the respondent, the Student Code of Conduct procedure will be followed.

Student/Employee
When the student is the complainant and the employee is the respondent, The Harassment and Discrimination Procedure will be followed.

Are there any special considerations when a student is involved in a sexual misconduct complaint?

Sexual History. The sexual history of the complainant and/or the respondent will generally not be used in determining whether a violation of this procedure has occurred. However, in certain circumstances, the sexual history between parties may have limited relevance. For example, if consent is at issue, the sexual history between the parties may be relevant to determining whether consent was sought and given during the incident in question, although it must be remembered that even in the context of a relationship, consent to one sexual act does not constitute consent to another sexual act, and consent on one occasion does not constitute consent on a subsequent occasion.

Consolidation of Investigation. The Title IX Coordinator has the discretion to consolidate multiple complaints or reports into a single investigation if evidence relevant to one incident might be relevant to the others.

What if I don't agree with the outcome?

Either the complainant or the respondent may file an appeal of the written notice of findings through the Procedural Appeal Process. ANY APPEAL MUST BE SUBMITTED IN WRITING TO THE TITLE IX COORDINATOR WITHIN FIVE (5) BUSINESS DAYS OF THE DATE OF THE WRITTEN NOTICE OF FINDINGS. THIS APPEAL MUST MEET THE CRITERIA ESTABLISHED IN THE STUDENT CODE OF CONDUCT OR the Harassment and Discrimination Procedure.

Appeals through the Student Code of Conduct procedure must be completed within 30 business days: 20 days for the Appeal Panel to make a recommendation to the Executive Dean of Student Affairs and 10 days for the Executive Dean of Student Affairs to render a final decision.

Are these reports kept confidential?

The College will protect the privacy of individuals involved in a report of sexual misconduct to the extent allowed by law and College procedure. However, there may be times when disclosure of information is required. In all cases, efforts will be made to protect the privacy of individuals. The College will make every effort to respect requests from the recipient of the unwanted conduct for non-disclosure of their name, however, the request will be evaluated in the context of the College's responsibility to provide a safe environment.

An individual who has made a report of sexual misconduct may be advised of sanctions imposed against the respondent when the individual needs to be aware of the sanction in order for it to be fully effective (such as restrictions on communication or contact with the individual who made the report). However, information regarding disciplinary action taken against the respondent shall not be disclosed without the respondent's consent, unless it is necessary to ensure compliance with the action or the safety of individuals as well as federal and state regulations.

What could happen to someone who has been found responsible for sexual misconduct?

There is a wide range of sanctions that can result from an investigation. An exhaustive list of sanctions is available in the Student Code of Conduct. Examples of possible sanctions for students include:

• Verbal warning
• Disciplinary probation
• Limitation of privileges (i.e., restriction of campus access, course, organizations, etc.)
• Reassignment of classes
• Restitution
• Community service
• Disciplinary suspension
• Trespass
• Expulsion
• Other sanctions deemed appropriate

How long does this procedure take? (Timelines)?

The formal complaint procedure is set up to take no more than 60 working days. Days as described in this procedure refers to College business days. Sexual misconduct may vary in its severity and consist of a range of behaviors or attempted behaviors, some of which may constitute felony or misdemeanor crimes which should be reported to local law enforcement officials. Timelines may be adjusted as needed to avoid interference with a concurrent criminal investigation.

This procedure does not waive any legal timelines for remedies available through the Oregon Bureau of Labor and Industries, or Title VII of the Civil Rights Act of 1964 as amended and Title IX, Education Amendments of 1972 (20 USC Sections 1681 -1688).

Will any of this information show up on my record?

The College will keep anonymous data of an informal complaint by type of incident, department, and the relationship of those involved.

For complaints involving employees as the respondent, the Complaint Resolution Administrator will deliver all formal complaint records, including documentation concerning the post-complaint review processes, to the Human Resource Department for compliance review and placement in the official confidential complaint files at the end of the post-complaint review period. Records of student-to-student sexual misconduct complaints will be confidentially maintained in the Office of Academic and Student Affairs.

Students may request a review of their educational records, including disciplinary records, through the Release of Student Records Procedure.

If you have questions about how records are maintained or when they are shared with others, please contact the Title IX Coordinator or the Director of Student Standards.

Does the College report offenses to the community?

The College balances the need for individual privacy with the need to create and maintain a safe educational community. To that effect, the College provides both internal annual reports and annual safety reports required by Federal Law.

Timely Warnings. If the College becomes aware of a serious and continuing threat to the campus community, the Public Safety Department will issue a timely notification to protect the health or safety of the community. The Public Safety Department may also be required to publicly disclose a reported incident of sexual misconduct in the daily crime log or annual security report. The College will make every effort to ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. In addition, the College may also share non-identifying information, including data about outcomes and penalties, in aggregate form.

Treatment of Staff/Treatment of Learners Reports. An annual Discrimination or Harassment Incident Report that summarizes all informal and formal complaints and resolutions by type of incident and the relationship of those involved is summarized and presented to the Lane Board of Education in the Treatment of Staff and Treatment of Learners Reports. No identifiable information specific to the involved parties involved is included in this report.

Federal Statistical Reporting Obligations. Certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to the Public Safety Department regarding the type of incident and its general location (on or off campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. Mandated federal reporters also referred to as Campus Security Authorities include: student/conduct affairs, campus public safety, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery Act location categories) and the Clery Act crime categories. This reporting protects the identity of the victim because it is done anonymously.

What happens after the process is over?

The College engages in the Post Complaint Review to continue supporting the parties involved and ensure compliance on sanctions and outcomes. Following the closure of a complaint the Complaint Resolution Administrator (CRA) will review the effectiveness of the remedial actions implemented to stop the misconduct, remedy its effects and prevent recurrence at the following post-complaint intervals:

• Two to Four Weeks after a finding that sexual misconduct occurred or resolution of the informal complaint, the CRA will contact the complainant and the respondent to confirm the resolution, if any, has been implemented as intended by the parties and/or that neither the complainant nor the respondent has experienced any new problematic conduct that is of concern and that neither the respondent nor any other student or employee has engaged in conduct that is motivated by retaliation.
• Three months after a finding that sexual misconduct occurred or resolution of the complaint the CRA will confirm that no new problematic conduct has occurred and neither the respondent nor any other student or employee has engaged in conduct towards the complainant that is motivated by retaliation.

The Complaint Resolution Administrator will document the post-complaint review procedures. All documentation developed by the CRA in the post-complaint review process will be timely delivered to the appropriate office: For students, the official file will be delivered and maintained by the Office of Student Affairs, and for employees complaints, the file will be delivered and maintained by the Human Resource Department for inclusion in the confidential official complaint file.

What is Lane Community College doing to educate the community and prevent Gender-Based Sexual Misconduct?

The College is committed to a comprehensive educational and training program to promote awareness of and prevent sex discrimination, including sexual misconduct.

• The College is making training available to all employees and students. These trainings are available in-person and online.
  • Not Anymore for student online education and prevention program.
  • Public Safety offers a variety of trainings and workshops throughout the year. For more information refer to Public Safety's Sexual Assault Awareness and Prevention webpage.
• Lane TASK Bystander Intervention Program
• ASLCC (Associated Students of Lane Community College) are committed to working with students on several issues including creating a climate welcoming to all students and through committee work such as
• Lane Community College students engage with other college/university students in and around Eugene through the Sexual Violence Prevention and Response Coalition. We have collaborated with other institutions and agencies for the Coalition to provide community-wide training, prevention, and response to Gender-Based Sexual Misconduct.