Skip to Main Content
Title Nine

Sexual Violence and Harrassment

Sexual Misconduct

Conduct prohibited by Policy 31001 - Sexual Misconduct, including any act of sexual harassment, sexual assault, domestic violence, dating violence, sexual exploitation, sexual intimidation, or stalking as defined.

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
  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 Assault

An offense that meets the definition of:

  • rape (i.e., the 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);
  • fondling (i.e., the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity);
  • incest (i.e., sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law); or (iv) statutory rape (i.e., sexual intercourse with a person who is under the statutory age of consent).

Consent

A knowing, voluntary, and affirmatively communicated willingness to participate in a particular sexual activity or behavior. Consent may be expressed either by words and/or actions as long as those words and/or actions create a mutually understandable agreement to engage in specific sexual activity and are given by a person with the ability and capacity to exercise free will and make a rational, reasonable judgment. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time. Additionally:

  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity (e.g., consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another).
  • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • 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 cannot make rational, reasonable decisions because he or she lacks the capacity to give knowing consent (e.g., to understand the “who, what, when, 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.

Sexual Intimidation

Threatening to sexually assault, exploit, harass, or abuse another person, or engaging in indecent exposure.

Sexual Exploitation

When an individual takes non-consensual (i.e., without consent as defined in this Procedure) 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, and such behavior does not otherwise constitute one of the other sexual misconduct offenses.

Examples of sexual exploitation include, but are not limited to, engaging in the following activities without the other person(s) consent:

  • Sexual voyeurism (such as watching a person undressing, using the bathroom, or engaging in sexual acts without the consent of the person observed).
  • Taking pictures or recording another in a sexual act, or in any other private activity (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
  • Exposing one’s genitals or breasts in non-consensual circumstances or inducing another to expose his or her genitals or breasts.
  • Prostitution.
  • Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection.
  • Administering alcohol or drugs (such as “date rape” drugs) to another person.

Dating Violence

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 consideration of the following factors: the length of the relationship; the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence

A felony or misdemeanor crime of violence committed (i) by a current or former spouse or intimate partner of the victim; (ii) by a person with whom the victim shares a child in common; (iii) by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (iv) 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; or (v) 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.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her own safety; or the safety of others; or suffer substantial emotional duress.

Retaliation

Retaliation is prohibited by anyone in the College community against an individual because the individual reports or complains about sexual misconduct or participates in the College’s investigation or proceedings related to an allegation of sexual misconduct. When the College is aware of possible retaliation, it will take immediate and appropriate steps to investigate. Students or employees who commit retaliation in violation of the sexual misconduct policy are subject to appropriate disciplinary action. The Complainant or participants in any report or investigation of sexual misconduct who believe they have experienced retaliation in violation of this Policy should immediately report such conduct to the Title IX Coordinator.



Montgomery College

Montgomery County, MD

240-567-5000

©2018, Montgomery College