What Is Title IX?
Title IX is a comprehensive Federal law that prohibits discrimination based on sex in any federally funded program or activities. In addition to traditional educational institutions such as colleges and universities, Title IX also applies to any education or training program operated by a recipient of Federal financial assistance.
At BCCC, almost all staff and employees (with the exception of Individuals who work with students at the Student Support and Wellness Center) are mandated reporters. When they become aware of sexual misconduct (defined below), they have a duty to report it to the College’s Title IX Coordinator. The Title IX Coordinator may investigate the matter or (if it concerns only College employees and not students) refer it to Human Resources.
Sexual Misconduct and Gender Based Violence Procedures
Sexual Misconduct Definitions
A. Sexual Harassment is Conduct, on the basis of sex, that satisfies one or more of the following:
- Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s Education Program or Activity.
- Quid Pro Quo: An employee of the College conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.
- Sexual Assault: An offense classified as a sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sex Offenses are any sexual acts including Rape, Sodomy, Sexual Assault with An Object, or Fondling directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent; also, unlawful sexual intercourse (Incest or Statutory Rape).
- Rape - 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, including instances where the victim is incapable of giving consent because of age or temporary or permanent mental or physical incapacity.
- Sodomy - Oral or anal sexual intercourse with another person, without the Consent of the victim, including instances where the victim is incapable of giving consent because of age or temporary or permanent mental or physical Incapacitation.
- Sexual Assault with an Object - To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the Consent of the victim including instances where the victim is incapable of giving consent because of age or temporary or permanent mental or physical Incapacitation.
- Fondling - The touching of the private body parts of another person for the purpose of sexual gratification without the Consent of the victim, including in instances where the Complainant is incapable of giving consent because of age or temporary or permanent mental or physical Incapacitation.
- Incest - Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape - Nonforcible sexual intercourse with a person who is under the statutory age of consent.
- Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship is determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- Domestic Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant, or by any other person against an adult or youth Complainant protected from those acts by domestic or family violence laws of Maryland.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.
B. Retaliation means intimidating, threatening, coercing, discriminating against, or otherwise taking an adverse action against an individual for the purpose of interfering with any right or privilege secured by law or College policy relating to sexual misconduct, or because an individual has made a report, filed a complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or Hearing related to sexual misconduct. Adverse actions include but are not limited to impeding an individual’s academic advancement; terminating, refusing to hire, or refusing to promote an individual; or transferring or assigning an individual to a lesser position in terms of wages, hours, job classification, or job security.
Retaliation includes retaliatory harassment. Retaliation includes making charges against an individual for violations of other College policies that do not involve sexual misconduct prohibited by Title IX, but arise out of the same facts or circumstances, for the purpose of interfering with any right or privilege secured by law. However, charging an individual with a violation of other College policies for making a materially false statement in bad faith in the course of a proceeding does not constitute Retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any Party made a materially false statement in bad faith. The exercise of rights protected under the First Amendment does not constitute Retaliation.
C. Other Sexual Misconduct is Sexual Harassment that occurred against a person outside of the United States or not within an Education Program or Activity.