Sexual Misconduct

Believing that sexually abusive or harassing behavior is harmful to the learning environment and sense of community, it is the position of Dana College that sexual misconduct in any form will not be tolerated, either by students, staff, faculty, or administrators. Dana College therefore sets forth the following polices and procedures to make clear its intolerance for behavior of this type. These policies and procedures are intended to be applied to situations involving student behavior. Please contact the Student Life Office for detailed procedures for the handling of sexual misconduct incidents.

Definitions of Sexual Misconduct and Sanctions for Violations
Rape: is vaginal intercourse against the victim’s (either male or female) will, without consent*, whether the victim’s will is overcome by force, by fear, or by intimidation resulting from the threat of force, or by drugs administered without consent or when the victim is unconscious or otherwise physically unable to communicate consent* by a person or persons known or unknown to the victim. Sanction for violation: expulsion.

Anal Rape: is anal intercourse against the victim’s will, without consent*, whether the victim’s will is overcome by force, by fear, or by intimidation resulting from the threat of force, or by drugs administered without consent*, or when the victim is unconscious or otherwise physically unable to communicate consent*, by a person or persons known or unknown to the victim. Sanction for violation: expulsion.

First degree sexual assault: Actual nonconsensual* or forcible oral intercourse, attempted vaginal intercourse, attempted oral intercourse, attempted anal intercourse, digital penetration or penetration by an object by a person or persons known or unknown to the victim. Sanction for violation: disciplinary suspension.

Second degree sexual assault: Includes, but is not necessarily limited to, any actual or attempted nonconsensual* or forcible sexual touching, including fondling, kissing, groping, or grabbing by a person or persons know or unknown to the victim. Range of sanctions for violation: disciplinary warning to disciplinary suspension.

*Definition of Consent: Consent requires speech or conduct indicating a freely given agreement to have sexual intercourse or participate in any sexual activities. More specifically, consent is sometimes easier to define in terms of what it is not. At Dana College, consent is not:

* "Under the influence" means that the person has consumed alcohol or other drugs. This does not require proof of intoxication according to a legal definition.

** "Impaired judgment" means to have sexual intercourse with a person who is under the influence of alcohol or other drugs is considered to be rape, because a person under the influence is legally unable to give informed consent.

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Immunity
While Dana College does not condone underage drinking, drinking on campus, or violation of any other college policies, it considers the reporting of sexual assault to be of paramount importance, and will therefore extend immunity from being charged with violation of the college’s alcohol policy in order to encourage the reporting of a sexual assault.

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Statute of Limitations
Reporting of a violation of the sexual misconduct polices shall not be restricted by time. Reports may be submitted as along as either the alleged victim or perpetrator remains enrolled or employed at Dana College. A victim will not be denied the right to an investigation or hearing, regardless of the length of time that my have elapsed since the alleged incident and the filing of a report. It should be noted, however, that the longer the period between the incident and the filing of a report, the more difficult the investigative process.

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Criminal Charges
If criminal charges are also filed by the victim, there will not necessarily be a delay in the campus proceedings, nor will the outcome of any criminal proceedings necessarily be a determining factor in any action or decision made by Dana College. The procedures within the college community are disciplinary in nature, not judicial, thus creating two distinctly different courses of action.

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Temporary Sanctions
The sanctions identified are those that will be imposed after a student has been found responsible for a violation. In certain situations the college may also exercise its right to impose temporary sanctions or restrictions prior to completion of an investigation and/or disciplinary hearing. Such restrictions will be determined on a case-by-case basis, and will generally be used only in situations where the college feels there is a specific threat to an individual(s) or the community as a whole. Imposition of temporary sanctions, no matter what they may be, is not to be interpreted as a determination of "guilt", only a reasonable action that seeks to protect the safety of the college and its students.

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Sexual Assault Response Network
The College has an established process and network to handle cases of sexual misconduct. This team of college representatives is in place to assist victims and alleged perpetrators involved in sexual misconduct cases. In addition to providing emotional support, the network members serve to collect the necessary information to allow for a fair and reasonable response to the alleged behavior. Members of this response network exercise care in maintaining appropriate confidentiality as it relates to each case.

The college clearly and unequivocally prohibits sexual harassment by any of its employees and/or students. For alleged incidents of sexual harassment, please refer to the policy/procedures listed under harassment/sexual harassment.