Sexual Misconduct and Stalking

Type: 
Procedure
Category: 
Health and Safety
Department: 
Public Safety
Phone: 
(541) 463-5558
Primary Contact: 
Jace Smith
Contact Email: 
Responsible Executive Authority: 
Vice President, College Services
Purpose: 

This policy describes the procedures for reporting sexual misconduct and stalking, provides the guidelines for Public Safety Officers and others, states victims’ rights, and describes resources. 

Narrative: 

Sexual Misconduct offenses include but are not limited to:

  • Sexual assault or attempts to commit sexual assault;
  • Domestic violence
  • Dating violence/intimate partner violence; and
  • Stalking

Understanding Types of Sexual Misconduct

Sexual Assault

Sexual assault is a term that covers any offense that meets the definition of Rape, Fondling, Incest or Statutory Rape as used in the FBI’s Uniform Crime Reporting (UCR) program and included in Appendix A of 34 CFR Part 668. Specifically, sexual assault is defined as 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.

The definition of sexual assault includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol), or because of age. Physical resistance by the victim is not required to demonstrate lack of consent.

Sexual assault also includes any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. For example:

  • Fondling. 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. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent.

Domestic Violence

Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Dating/Relationship Violence

Dating or relationship violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Stalking

Stalking is described as a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or other’s safety, or to suffer substantial emotional distress.

Defining Consent

In reviewing possible violations of sexual misconduct, the College considers consent as the voluntary, informed, un-coerced agreement through words and actions freely given, which a reasonable person would interpret as a willingness to participate in mutually agreed-upon sexual acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate.

Indications that consent is not present include:

  • Use of physical force, or a reasonable belief of the threat of physical force;
  • Duress;
  • One person overcoming the physical limitations of another person;
  • Evidence that a person is incapable of making an intentional decision to participate in a sexual act, which could include instances in which the person is in a state of incapacitation.

Important points regarding consent include:

  • Consent to one act does not constitute consent to another act.
  • Consent on a prior occasion does not constitute consent on a subsequent occasion.
  • The existence of a prior or current relationship does not, in itself, constitute consent.
  • Consent can be withdrawn or modified at any time.
  • Consent is not implicit in a person's manner of dress.
  • Accepting a meal, a gift, or an invitation for a date does not imply or constitute consent.
  • Silence, passivity, or lack of resistance does not necessarily constitute consent.
  • Initiation by someone who a reasonable person knows or should have known to be deemed incapacitated is not consent.

An individual who is incapacitated is unable to consent to a sexual activity. In the context of this procedure, incapacitation is the state in which a person's perception or judgment is so impaired that they lack the cognitive capacity to make or act on conscious decisions. The use of drugs or alcohol can cause incapacitation. Engaging in sexual activity with an individual who is incapacitated (and therefore unable to consent), where a person knows or ought reasonably to have understood the individual is incapacitated, constitutes sexual misconduct.

Note: Oregon state law considers persons under the age of 18 to be "incapable of consenting to a sexual act" (ORS §163.315) and states that if lack of consent is solely a result of the age of the victim, it is a defense to certain crimes that the actor was less than three years older than the victim at the time of the alleged offense (ORS §163.345). See also LaneCC's Sexual Respect website.

Sexual assault prevention training and domestic violence prevention training includes information from multiple sources at the College.

Lane Community College promotes awareness of dating violence, domestic violence, sexual assault, and stalking, by making available presentations about these topics at in-services, display and distribution of posters and brochures (Titan Awareness Safety Knowledge or T.A.S.K. information), and through educational programs specifically for students throughout the year. For more information on prevention and training of sexual assault and domestic violence prevention, please review the following information;

The College prohibits all violations of law, including but not limited to: sexual assault, dating violence, domestic violence, and stalking.

Reporting a Sexual Assault, Dating Violence, Domestic Violence, or Stalking Incident

Any student or staff member who feels they are a victim of any form of sexual misconduct or stalking is strongly encouraged to report the incident immediately to the Public Safety Department Building 13, room 107; (541) 463-5558, Lane County Sheriff’s Department, or other appropriate law enforcement agency. Public Safety will assist victims in contacting a specific law enforcement agency and will provide security to victims while awaiting law enforcement assistance. Non-emergency reports must be made within 24 hours. Non-emergency numbers of local police departments are given here for convenience: 

In addition to filing a complaint with a law enforcement agency, victims of any form of sexual assault under this policy may contact the College’s Title IX Coordinator, Terrie Minner, at minnert@lanecc.edu or (541) 463-3010, or schedule a meeting in person in Building 1, Room 218C.

Complaints of unwanted sexual contact that do not rise to the level of assault should be handled through the College's Sexual Misconduct, Sexual Harassment and Gender-Based Discrimination Complaint Process.

The Complaint Procedure provides for a complaint resolution. Complaints may be filed with the Title IX Coordinator.

Title IX is a federal law prohibiting discrimination on the basis of sex in education. Title IX addresses sexual violence and requires schools to proactively address, remedy, and eliminate sexual violence on their campuses. You are protected under Title IX, regardless of your gender and how you identify. For more information on your Title IX Rights please visit the Your Title IX Rights website.

Guidance for Victims of Sexual Assault, Dating Violence, Domestic Violence

The Victim(s) Should:

  • Get to a safe place.
  • Call (541) 463-5555 on the main campus (911 on all other campuses).
  • Get medical attention. LCC Public Safety or other law enforcement can assist you if necessary.
  • Wrap in something warm, such as a blanket or coat.

The Victim(s) Should Not:

  • Shower or bathe.
  • Brush or comb hair.
  • Douche or go to the bathroom.
  • Change clothes.
  • Eat or drink anything.
  • Brush or rinse teeth.
  • Touch things at the crime scene.

Guidance for Responders to Sexual Assault, Dating Violence, Domestic Violence

Where a sexual assault, domestic violence, or dating violence incident has occurred, responders (including LCC Public Safety Officers) will follow these guidelines:

  1. Ensure that the victim is safe and has access to immediate medical attention.
  2. Take a report of the incident, and preliminary statement from the victim and any witnesses.
  3. Present information to the victim about on-campus and off-campus resources and victim rights.
  4. Take no action that would disturb or eliminate evidence associated with fingerprints, bite marks, broken fingernails, documents, blood/body fluids, blood/fluid splatters, firearms, tool marks, hair, fibers, paint or glass.
  5. Collect evidence of assaulter’s behavior and/ or actions.
  6. Safeguard any potential crime scene. If appropriate, Public Safety will issue an alert to the campus.
  7. Take photos, or sketch scene if appropriate.
  8. If necessary, seal off the area notify and provide support for responding Lane County Sheriff’s deputies or other law enforcement units.
  9. Order for Protection/ Restraining Order information will be given to the victim.
  10. Victim will be offered a Personal Safety Plan.

Guidance for Responders to a Stalking Incident

Where a stalking incident has occurred, responders (including LCC Public Safety Officers) will follow these guidelines:

  1. Ensure that the victim is safe and has access to medical attention.
  2. Take a report of the incident, and preliminary statement from the victim and any witnesses.
  3. Present information to the victim about on and off campus resources and victim rights.
  4. Collect evidence of the crime and information of stalker including behaviors/actions.
  5. Order for Protection/Restraining Order information will be given to the victim.
  6. Victim will be offered a Personal Safety Plan.

Victim/Survivor Rights and Information

Victims of sexual assault, domestic violence, dating violence, or stalking have the following rights:

  • Right to notify proper law enforcement authorities, including on-campus and local police.
  • Right to be assisted by campus authorities in notifying law enforcement if the victim/survivor chooses.
  • Right to decline to notify such authorities.
  • Right to learn and work in a safe environment. Lane Community College follows a zero tolerance policy for all forms of sexual misconduct and gender-based discrimination.
  • Right to a prompt and fair investigation. Lane Community College is required to investigate all reports of sexual misconduct within 60 college work days.
  • Right to file a complaint without fear of retaliation. Complainant or witnesses who report sexual misconduct are protected from retaliation under the law.
  • Right to access support and health services. Lane Community College offers confidential counseling services and can connect individuals with on- and off-campus resources to help the healing process.
  • Right to receive written notification about options for, available assistance in, and how to request changes to academic, living, transportation and working situations or protective measures.
  • Right to have accommodations or such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to Public Safety or other local law enforcement.
  • To be free from any suggestions that victims must report the crimes in order to be assured of any other right provided under this policy and to have any allegations of sexual assault treated seriously.
  • To be treated with dignity.
  • To be free from any suggestion that victims are responsible for the commission of crimes against them.
  • To be free from pressure from campus personnel to:
    • Report crimes if the victim does not wish to do so;
    • Report crimes as lesser offenses than the victim perceives the crime to be;
    • Refrain from reporting crimes to avoid unwanted personal publicity.

For additional information on protective measures please review the Titan Awareness Safety Handout.

Education and Medical Assistance Information

Information and assistance to advise and assist victims/survivors of these offenses is available through the following college offices, which also are available to present educational and risk-reduction programs for staff and students.

Victims of rape or any form of sexual assault are strongly encouraged to seek immediate medical assistance from Student Health or the nearest hospital. For assaults occurring on College property after hours, contact Public Safety and they will contact emergency service personnel to respond and assist.

Support Services and Contact Numbers

On campus:

Off campus:

FBI Uniform Crime Reporting

CFR Title 34, Part 668, Subpart D, Appendix A

Date Adopted: 
Wednesday, December 1, 2004
Date Last Reviewed: 
Wednesday, April 19, 2017