Sexual Misconduct Policy
Granite State College Gender-Based and Sexual Misconduct Policies
Members of the Granite State College community, guests and visitors have the right to be free from all forms of gender and sex-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. This policy applies to all students, staff, and faculty of the College regardless of sexual orientation or gender identity.
Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681 is a federal civil rights law prohibiting the discrimination on the basis of sex in education programs and activities. Title IX states that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. Granite State College maintains a zero tolerance policy for gender-based sexual misconduct and sex-based discrimination. When an allegation of sexual misconduct is brought to the College's attention, steps will be taken to address the effects of the alleged misconduct and prevent its recurrence, including the possibility of serious sanctions to ensure that such actions are never repeated.
Title IX Coordinator
If an individual would like to file a report of sexual harassment, sexual assault, domestic violence, dating violence, and/or stalking they should contact the Title IX Coordinator or the following designated staff for information and assistance:
Title IX Coordinator
Director of Student Affairs
Phone: 603-513-1328
TTY Users: 7-1-1 or 800-735-2964 (Relay NH)
Mailing Address:
Granite State College
25 Hall Street
Concord, NH 03301
Role and Responsibilities of the Title IX Coordinator
The Title IX Coordinator is responsible for overseeing all policies, procedures and processes for Title IX. The Title IX coordinator will ensure the resolution of Title IX complaints, including educating the school community on how to file a complaint alleging a violation of Title IX, investigating complaints, and ensuring that complaints are resolved promptly and appropriately. They will identify and address any systemic patterns or problems that arise during the reviews of such complaints. The coordinator also is responsible for putting into place training and education programs that work to prevent sexual harassment and sexual violence in the college.
U.S. Department of Education, Office for Civil Rights, Title IX Resource Guide (Apr. 2015)
Definitions
Sexual misconduct can occur in a variety of ways. For full definitions, please see below.
Sexual Harassment
Whether intended or not, sexual harassment is illegal under both state and Federal law. Unwelcome sexual advances, requests for sexual favors and other gender based verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating a hostile or offensive working or academic environment.
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decision affecting that individual.
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic work.
Examples of conduct that may, if continued or repeated, constitute sexual harassment are:
- Unwelcome sexual propositions
- Graphic comments about a person’s body
- Sexually suggestive objects or pictures in the workplace
- Sexually degrading words to describe a person'
- Derogatory or sexually explicit statements about an actual or supposed sexual relationship
- Unwelcome touching, patting, pinching, or leering
- Derogatory gender-based humor
Such conduct, whether intended or not, constitutes sexual harassment and is illegal under both state and federal law. Any faculty, staff or student who violates this policy will be subject to discipline up to and including dismissal.
Quid Pro Quo Harassment
Quid Pro Quo (This For That) is behavior that conditions a benefit on a student or staff’s submission to expressed or implied demands for sexual favors (a good grade, a promotion, a raise) or to avoid some detriment in the classroom or workplace ( a failing grade, demotion, termination). By definition this can only be perpetrated by someone in a position of power over another.
Sexual Violence
Sexual violence is a form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the individual’s age or use of drugs or alcohol or an intellectual or other disability that prevents the individual from having the capacity to give consent). Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Non-Consensual Sexual Contact
- any intentional sexual touching,
- however slight,
- with any object,
- by a man or a woman upon a man or a woman,
- that is without affirmative consent and/or by force
Sexual Contact includes 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. NH State Law 632-A:1
Non-Consensual Sexual Penetration
Non-Consensual Sexual Penetration is:
- any sexual penetration
- however slight,
- with any object,
- by a man or woman upon a man or a woman,
- that is without affirmative consent and/or by force
Penetration includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, or oral copulation (mouth to genital contact or genital to mouth contact). NH State Law 632-A:1
Affirmative Consent
The affirmative, conscious and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the parties involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
Incapacitated Sexual Contact
To have sexual contact or intercourse with someone who you know to be, or should know to be, incapable of making a rational, reasonable decision about a sexual situation. An incapacitated person cannot give consent. This includes someone who is asleep or unconscious, incapacitated due to the influence of alcohol, drugs, or medication, so that the person could not understand the fact, nature, or extent of the sexual activity, or if the person was unable to communicate due to a mental or physical condition.
Sexual Exploitation
Sexual exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her 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
Domestic Violence
Domestic violence is defined by the United States Department of Justice as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Relationship/Dating Violence
A pattern of abusive behaviors used to exert power and control over a dating partner. Every relationship is different, but the things that unhealthy and abusive relationships have in common are issues of power and control. Violent words and actions are tools an abusive partner uses to gain and maintain power and control over their partner. Any person can experience relationship/dating violence, regardless of gender, sexual orientation, socioeconomic standing, ethnicity, religion or culture. It does not discriminate and can happen to anyone in any relationship, whether it’s one that is casual and short-term or serious and monogamous.
Stalking
Stalking is when a person engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her personal safety; or causes substantial emotional distress. This definition includes cyberstalking which is the use of the internet, email or other electronic communications to stalk, and refers to a pattern of threatening and malicious behaviors.
Retaliation
Retaliation is defined as intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a civil rights grievance proceeding, police report, school investigation or grievance process. For these purposes, “retaliation” includes intimidation, threats, harassment, and other adverse action threatened or taken. Retaliation should be reported promptly to the Director of Student Affairs/Title IX Coordinator and may result in disciplinary action independent of the sanction or interim measures imposed in response to reports of sexual misconduct.
Getting Help and Reporting Options for Victims of Sexual Misconduct
Granite State College encourages anyone who has been a victim of sexual misconduct to reach out for support and to report what occurred. Some reporting options will be able to maintain confidentiality, while other options can maintain your privacy but not guarantee confidentiality because of federal regulations. Students always have the choice to pursue these options individually or simultaneously. If a student is unsure about which option is right for them, they can discuss this with a crisis center advocate (at a number listed below) or call anonymously the Title IX Coordinator who can share in detail what choices they have to take action, should they choose to do so. Students can also file an anonymous incident report online.
Confidential Reporting and Support Services for Victims
COLLEGE REPORTING OPTIONS
It is important to know that all College staff and faculty are required to inform the Title IX Coordinator of any notice of sexual harassment, or sexual misconduct. Students may report directly any incidents to the following college officials:
Title IX Coordinator
Director of Student Affairs
Phone: 603-513-1328
TTY Users: 7-1-1 or 800-735-2964 (Relay NH)
Deputy Title IX Coordinator
Director of Human Resources
Phone 603-513-1319
TTY Users: 7-1-1 or 800-735-2964 (Relay NH)
Deputy Title IX Coordinator
Director of Facilities, Safety, and Sustainability
Phone 603-513-1382
TTY Users: 7-1-1 or 800-735-2964 (Relay NH)
The Title IX Coordinator will work to coordinate resources and support, and inform the victim of their options for pursuing a complaint. If a victim reports an incident, but requests to maintain confidentiality or requests that no investigation or disciplinary action be taken, the college will weigh that request against the college’s obligation to provide a safe, non –discriminatory environment for all students, including the victim. There may be circumstances in which the college may not be able to honor the victim’s request.
CONFIDENTIAL CRISIS CENTER REPORTING OPTIONS
If a student would like to speak to someone confidentially, a crisis center, a licensed social worker, psychologist, health center employee, or licensed pastoral counselor can provide confidential support and services. Granite State College does not have on-campus health or counseling services in any of our locations, therefore we partner with state and local crisis centers to assist victims in receiving the confidential support they need.
NH Coalition Against Domestic and Sexual Violence
Domestic Violence Hotline: 1-866-644-3574
Sexual Assault Hotline: 1-800-277-5570
Mailing Address:
PO BOX 353
Concord, NH 03302
The NH Coalition is comprised of 13 member programs throughout the state that provide services to survivors of sexual assault, domestic violence, stalking and sexual harassment. >>See Details for All Organizations
MEDICAL SUPPORT SERVICES
The health and safety of students is the college’s primary concern. Survivors should take care of their immediate personal safety first.
Call 911 if you are in immediate danger
The first thing to do is to get to a safe place. Contact a friend, family member, a crisis center or local law enforcement to ensure your safety. This does not mean that you have to “report” the details of the incident unless you choose to. This is about your being safe.
Get Medical Attention
It is extremely important that you seek medical attention as soon as possible, preferably within 72 hours, because depending on the nature of the assault you might be injured internally as well as externally. Prompt medical examinations can test for pregnancy, STDs, HIV, and venereal disease. A medical examination can also secure valuable evidence that could be used later if you wish to have the assailant prosecuted. The patient is in charge of this exam and every step of the medical/forensic examination is optional. The choice to report and prosecute is yours, but physical evidence is difficult to collect unless you seek medical attention promptly. Sometimes your initial instincts to drink, bathe, brush your teeth, comb your hair, even change your clothes, while natural, will eliminate evidence.
A Sexual Assault Forensic Examination Kit, provided by the NH Attorney General’s Office, may be requested at no charge. You do not need to provide proof of insurance to request the kit. The Sexual Assault Forensic Examination Kit collects evidence that could be helpful if you decide to report the assault to the police within the following 60 days. Kits can be completed in any NH Emergency Department without charge to the victim, even if the victim chooses not to proceed legally.
If you are thinking about completing a kit, note that you may choose to complete the kit anonymously. The kit will be referenced with an identification number and stored by the State for 3 months. At any time during this period, the victim can report the crime and the kit will be brought forward to the NH Crime Lab for analysis.
Note: Hospitals may alert a law enforcement agency of a reported sexual assault. A police officer may ask you to file a report, which you may decline to do.
Call the local crisis center (listed above) for support
Advocates from crisis centers are available twenty-four hours a day, seven days a week to help survivors with any and all needs including seeking medical attention, reporting an assault and seeking emotional support. They can help support throughout the emergency rape crisis treatment and emergency medical services, as well as the coordination of accompanying the victim to the hospital, police, etc. as requested. >>New Hampshire Hospital Directory
OTHER SUPPORT SERVICES
- SurvJustice
- Pandora's Project
- GLBTQ Domestic Violence Project
- Rape Abuse & Incest National Network (RAINN)
Law Enforcement Reporting Options
Students have the right to file a criminal complaint and a Title IX complaint simultaneously. To file a report with law enforcement, contact your local law enforcement agency.
*For all emergencies, DIAL 911*
Claremont Police: 603-542-9538
Manchester Police: 603-668-8711
Concord Police: 603-225-8600
Conway Police: 603-356-5715
Lebanon Police: 603-448-8800
Nashua Police: 603-594-3500
Portsmouth Police: 603-427-1500
Rochester Police: 603-330-7127
Timely Warning Reporting Obligations
Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that may pose a substantial threat of bodily harm or danger to members of the campus community. 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.
Sexual Misconduct Investigation and Procedures
For the purposes of the conduct process, an individual filing a report/complaint is referred to as the complainant; an individual accused of sexual misconduct is referred to as respondent.
Once the Title IX Coordinator receives notice of sexual misconduct, the college will take immediate action to provide prompt and equitable resolution of complaint. We will work with the complainant to provide remedies on and off campus to protect from further sexual harassment or retaliation from the alleged perpetrator and his/her associates. Such remedies could include:
- Altering academic schedules, withdraw from/retake a class without penalty, no contact orders, no trespass orders, increased security measures
The College will inform and obtain consent from the complainant before beginning an investigation. If the complainant requests confidentiality or asks that the complaint not be pursued, we will take reasonable steps to investigate and respond, however ability respond may be limited. If the complainant continues to ask that his/her name not be revealed, the request will be evaluated in the context of our responsibility to provide a safe and no discriminatory environment for all students. The privacy of all parties to a complaint of sexual misconduct must be respected, except insofar as it interferes with the college’s obligation to fully investigate allegations of sexual misconduct.
If there is a report of an act of alleged sexual misconduct, and there is evidence that a felony has occurred, local police will be notified. This does not mean charges will be automatically filed or that a victim must speak with the police, but the institution is legally required to notify law enforcement authorities.
Investigation and Resolution Process
If the complainant decides to move forward with the conduct process, the Title IX Coordinator will conduct a preliminary investigation to determine if there is reasonable cause to believe specific policies have been violated. When reasonable cause has been determined, both the complainant and respondent will receive notification that an investigation has been initiated. Both parties will be informed of their due process/equitable rights, the timeframe for the investigation and resolution, interim remedial steps and possible sanctions.
Both the complainant and the respondent may have an advisor of their choosing present in any meeting or interview throughout the process. The advisor may not disrupt the meeting/interview, either verbally or nonverbally, and may not participate in any capacity other than advisor and observer. The advisor does not represent the complainant or respondent at any point in the process.
The investigation will be conducted by a trained Title IX investigator who will interview the complainant, respondent, and other witnesses. Throughout the investigation and resolution process, the preponderance of the evidence (“more likely than not”) standard will be used. The investigator will provide a report with findings and recommendations to the Title IX Coordinator.
The Title IX Coordinator will determine the response to findings and whether a sanction will be imposed. If the possible sanctions include suspension or expulsion, the respondent will be given further opportunity to respond to the findings and present additional evidence prior to imposition of a sanction.
Outcomes and Appeals
The complainant and the respondent will be concurrently notified in writing of the outcome. In accordance with the Clery Act, this will include the name of the accused student, the violations for which the student was found responsible (if any), and any sanctions imposed.
Either party may appeal the decision. Appeals must be submitted in writing to the Vice President for Student and Administrative Services within 10 working days of the initial decision. The Vice President for Student and Administrative Services will respond in 10 business days to the appeal. The outcome of the appeal is a final decision.
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Report an Incident
For anonymous reporting of conduct violations, discrimination, harassment, or violence of any kind (i.e. sexual assault, domestic violence, dating violence, and/or stalking).