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Title Nine

Definitions - Sexual Misconduct Policy - 31001


Attorney/Non-Attorney Advisor –  an individual selected by a Reporting Party or Responding Party to be present at any part of the College processes related to a report under this Procedure. The role of the Attorney or Non-Attorney Advisor is limited to providing advice and consultation directly to the Reporting Party or Responding Party (i.e., the Attorney or Non-Attorney Advisor is not to take an active representation role under this Procedure on behalf of the Reporting Party or Responding Party, as an Attorney would do in a formal legal proceeding). 

Confidential Resource – specific College employees whose role under this procedure is limited to providing confidential support and guidance to any individuals who wish to discuss alleged incidents of sexual misconduct. Confidential resources are specific College employees who are not considered to be Responsible College Employees and therefore are not required to notify the Title IX Coordinator (or alternatively, if the sexual misconduct is by or against an employee, the Director of Employee and Labor Relations) upon receipt of a report of sexual misconduct. 

Consent –  a knowing, voluntary, and affirmatively communicated willingness to participate in a particular sexual activity or behavior. Only a person who has the ability and capacity to exercise free will and make rational, reasonable judgment can give Consent. Consent may be expressed either by words and/or by actions as long as those words and/or actions create a mutually understandable agreement to engage in specific sexual activity. It is the responsibility of the person who wants to engage in sexual activity to ensure that they have consent from the other party, and that the other party is capable of providing consent. 

1.             Lack of protest or resistance is not consent, nor may silence, in and of itself, be interpreted as consent. For that reason, relying solely on non-verbal communication can lead to misunderstanding. 

2.             Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.

3.             Previous relationships, including past sexual relationships or prior consent cannot imply consent to future sexual acts.

4.             Consent must be present throughout sexual activity and may be withdrawn at any time. If there is confusion as to whether there is consent or whether prior consent has been withdrawn, it is essential that the participants  stop the activity until the confusion is resolved.

5.            In order to give effective consent, one must be of legal age, as defined by applicable Maryland law. 

It is a violation of Policy 31001 to engage in sexual activity with someone whom one should know to be ─ or based on the circumstances should reasonably have known to be ─ mentally or physically incapacitated. To be incapacitated means that a person’s decision-making ability is impaired such that they lack capacity to understand the “who, what, where, why, or how” of their sexual interaction. Incapacitation may result from sleep or unconsciousness, temporary or permanent mental or physical disability, involuntary physical restraint, or the influence of drugs or alcohol.  

    Corrective Action – action(s) recommended by the Investigator to be taken to sanction the Responding Party(s) and provide appropriate remedies to the Reporting Party, if the Investigator concludes that there has been a violation of the College’s Sexual Misconduct Policy. 

    Dating Violence –  encompasses and broad range of behaviors, including Sexual Assault, physical abuse, and other forms of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party, considering the length of the relationships, the type of relationships, and the frequency of interaction between the persons involved.  

    Domestic Violence –  encompasses a broad range of behaviors, including Sexual Assault, physical abuse and other forms of violence committed by a current or former spouse or intimate partner of the Reporting Party, by a person with whom the Reporting Party shares a child in common, by a person who is cohabitating with or has cohabitated with the Reporting Party as a spouse or intimate partner, by a person similarly situated to a spouse of the Reporting Party, or by any other person against an adult or youth Reporting Party protected from those acts by domestic or family violence laws of Maryland. 

    Formal Resolution –  one of several available routes for resolution of allegations of sexual misconduct under this Procedure. Formal Resolution involves initiation of a prompt, fair, and impartial Investigation.  

    Informal Resolution – a remedies-based, non-judicial style approach designed to address allegations of sexual misconduct without taking disciplinary action against a Responding Party. Informal Resolution may not be appropriate for resolving allegations of some types of sexual misconduct.

    Initial Title IX Assessment –  an assessment, conducted by the Title IX Coordinator upon receipt of a report of an alleged violation of Policy 31001- Sexual Misconduct, to provide an integrated and coordinated response to a report of sexual misconduct. 

    Investigation –  a prompt and thorough process for providing a fair and reliable means of gathering information in the course of Formal Resolution, which is one of several available routes for resolution of allegations of sexual misconduct under this Procedure.  

    Investigator –  the College official, or designee, responsible for conducting investigations of reports of sexual misconduct. Typically, the Title IX Coordinator serves as the Investigator, but the College may engage internal or external individuals who are trained to conduct the resolution processes described in these procedures.

    Hostile Environment -  when unwelcome conduct of a sexual nature is sufficiently serious that it affects a student's or employee’s ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational or working environment. A hostile environment can be created by a school employee, another student, or even someone visiting the school, such as a student or employee from another school.

    Reporting Party - refers to the individual who files a Sexual Misconduct complaint, alleging a violation of this policy. 

    Responding Party - the individual accused of engaging in conduct prohibited under this policy.

    Responsible College Employee - any College employee: 

    1. who has the authority to take action to redress incidents of sexual misconduct;
    2. who has the duty to report to appropriate College officials sexual misconduct by or against students or employees; or
    3. whom a student could reasonably believe has such authority or responsibility.

    For student Complaints, Responsible College Employees are:

    • Instructional Faculty and Faculty Department Chairs,
    • Coaches,
    • Athletic trainers,
    • Administrators (including but not limited to the Title IX Coordinator),
    • Campus Security Officers, and
    • Other employees with a responsibility for student welfare

    For employee Complaints, Responsible College Employees are:

    • Administrators (including but not limited to the Title IX Coordinator and the Director of Employee Relations, Diversity, and Inclusion),
    • Supervisors, and
    • Campus Security Officers

    Employees designated as Confidential Resources are not Responsible College Employees.

    Sexual Assault –  any type of actual or attempted sexual contact with another individual without that person’s Consent, including sexual intercourse (rape) and attempted sexual intercourse (attempted rape). 

    1. Sexual Assault I. – Non-Consensual Sexual Intercourse – is any act of sexual intercourse with another individual without Consent (rape). This includes penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s Consent.

        2. Sexual Assault II. – Non-Consensual Sexual Contact – is any unwanted intentional touching of the intimate body parts of another person, causing another to touch the intimate parts of oneself or another, or disrobing or exposure of another without Consent. Intimate parts may include genitalia, groin, breast, or buttocks, or clothing covering them, or any other body part (including one’s own) that is touched in a sexual manner. Non-consensual sexual contact includes attempted sexual intercourse without Consent (attempted rape).

    Sexual Exploitation –  when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or the benefit or advantage of anyone other than the one being exploited.

    Sexual Harassment –  unwelcome sexual advances, requests for sexual favors, or other behavior of a sexual or gender-based nature where: 

    1.         Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, evaluation of academic work, or participation in a College-sponsored educational program or activity;

    2.         Submission to or rejection of such conduct by an individual is used as the basis for an academic, employment, activity, or program participation decision affecting that individual; or

    3.         Such conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual’s academic or work performance, denying or limiting a student’s ability to participate in or benefit from the College’s educational program, or creating an intimidating, hostile, or offensive academic or working environment.

    Sexual Intimidation –  threatening behavior of a sexual nature directed at another person, such as threatening to sexually assault another person, or engaging in indecent exposure.

    Sexual Misconduct –  is an umbrella term that encompasses Dating Violence, Domestic Violence, Sexual Violence, Sexual Harassment, Sexual Assault, Sexual Exploitation, Sexual Intimidation, Relationship Violence, and Stalking. Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by any person, regardless of gender identity, and can occur between people of the same or different sex, sexual orientation, or gender expression.

    Support Person -  an individual age eighteen (18) or older who is not a Reporting Party, Responding Party, or Third-Party Witness to the alleged misconduct and who serves as a silent and non-participating presence during any part of the processes under this Procedure. The role of the Support Person is solely to observe and provide moral support to a Reporting Party or Responding Party in a way that does not disrupt or delay the process.

    Stalking –  repeated, unwanted attention; physical, verbal, or electronic contact; or any other course of contact directed at an individual that is sufficiently serious to cause physical, emotional, or psychological fear or to create a hostile, intimidating, or abusive environment for a reasonable person in similar circumstances and with similar identities. Stalking may involve individuals who are known to one another or who have a current or previous relationship or may involve individuals who are strangers.

    Third-Party Witness -  an individual who may have relevant direct or circumstantial knowledge or information about the alleged misconduct.

    Title IX Coordinator –  the College administrator who oversees the College’s centralized review, investigation, and resolution of reports of sexual misconduct. The Coordinator also oversees the College’s overall compliance with Title IX. The Title IX Coordinator is responsible for: 

    1.             providing oversight of the investigation and resolution of all reports of sexual misconduct involving students, employees (including staff, administrators, and faculty), vendors, and visitors;

    2.             recommending updates to the College’s policies and procedures related to sexual misconduct;

    3.             designing and/or providing or overseeing training on sexual misconduct and the implementation of the College’s 31001- Sexual Misconduct Policy and Procedure;

    4.             advising any individual, including a Reporting Party, a Responding Party, or a third party, about the courses of action available at the College, both informally and formally, and in the community;

    5.             providing assistance to any College employee or student regarding how to respond appropriately to a report of sexual misconduct;

    6.             monitoring full compliance with all procedural requirements and time frames outlined in this Procedure; and,

    7.             training, prevention, and education efforts and periodic reviews of climate and culture.

    The College’s current Title IX Coordinator is: 

    Christopher Moy, Title IX Coordinator

    900 Hungerford Drive, Room 315G

    Rockville, MD 20850

    240-567-5412

    christopher.moy@montgomerycollege.edu




    Montgomery College

    Montgomery County, MD

    240-567-5000

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