Sexual Misconduct and Stalking

Type

Procedure

Category

Health and Safety

Department

Public Safety

Phone

(541) 463-5558

Primary Contact

Lisa Rupp

Contact Email

Responsible Executive Authority

Vice President, Finance & Administration

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 Harassment under Title IX: Conduct that satisfies one or more of the following:

  • An LCC employee conditions the provision of an aid, benefit, or service of LCC on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to LCC’s education program or activity;
  • Sexual assault, including the following:
    • Sex Offenses. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
    • Rape (except Statutory Rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.
    • 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 his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
    • Sexual Assault with an Object. To use an object or instrument to unlawfully 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 his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
    • 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/their age or because of his/her/their temporary or permanent mental or physical incapacity.
    • Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse.
      • Incest. Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
      • Statutory Rape – Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.
    • Dating violence. Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a relationship will be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    • Domestic Violence. Violence committed:
      • By a current or former spouse or intimate partner of the victim;
      • By a person with whom the victim shares a child in common;
      • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
      • By a person similarly situated to a spouse of the victim under the domestic or family violence laws Oregon or
      • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of Oregon
  • Stalking.  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or 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 LCC'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 sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault, or stalking, whether committed by an employee, student, or member of the public, occurring on LCC property, in connection with all the academic, educational, extracurricular, athletic, and other programs of LCC, whether those programs take place in LCC’s facilities or at another location, or on an off-campus site or facility maintained by LCC, or on grounds or facilities maintained by a student organization, is a violation LCC policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures.

All students, faculty members or staff members who allege they are the victims of domestic violence, dating violence, sexual assault or stalking on LCC property shall be provided with information regarding options and assistance available to them. Information shall be available from the Title IX Coordinator’s office which shall maintain the identity and other information about alleged sexual assault victims as confidential unless and until the Title IX Coordinator is authorized to release such information.

The Title IX Coordinator shall provide all alleged victims of domestic violence, dating violence, sexual assault, or stalking with the following:

  • A copy of LCC’s policy and procedure regarding domestic violence, dating violence, sexual assault, or stalking;
  • A list of personnel on campus who should be notified and procedures for such notification, if the alleged victim consents; Information about the importance of preserving evidence and the identification and location of witnesses;
  • A description of available services, and the persons on campus available to provide those services if requested. Services and those responsible for provided or arranging them include:
    • transportation to a hospital, if necessary (On Campus: Sherriff’s Office, Off Campus: Police Department/Sherriff’s Office);
    • counseling by LCC or referral to a counseling center (Mental Health and Wellness Center and Gender Equity Counselor);
    • a list of other available campus resources or appropriate off-campus resources (Mental Health and Wellness Center and Gender Equity Counselor);
  • The victim’s option to:
    • notify proper law enforcement authorities, including on-campus and local police;
    • be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
    • decline to notify such authorities;
  • The rights of victims and the institution’s responsibilities regarding orders of protection, no contact orders, or similar lawful orders issued by a court;
  • Information about how LCC will protect the confidentiality of victims; and
  • Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
  • A description of each of the following procedures:
    • criminal prosecution;
    • civil prosecution (i.e., lawsuit);
    • LCC isciplinary procedures, both student and employee;
    • modification of class schedules;
    • tutoring, if necessary.

The Title IX Coordinator should be available to provide assistance to LCC law enforcement unit employees regarding how to respond appropriately to reports of sexual violence.

LCC will investigate all complaints alleging sexual assault under the procedures for sexual harassment investigations described the Notice to Victims of Sexual Assault COPPS regardless of whether a complaint is filed with local law enforcement.

All alleged victims of domestic violence, dating violence, sexual assault, or stalking on LCC property shall be kept informed, through Title IX Office of any ongoing investigation. Information shall include the status of any student or employee disciplinary proceedings or appeal; alleged victims of domestic violence, dating violence, sexual assault, or stalking are required to maintain any such information in confidence, unless the alleged assailant has waived rights to confidentiality consistent with State and federal law.

A Complainant or witness who participates in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of LCC’s student conduct policy at or near the time of the incident, unless LCC determines that the violation was egregious, including but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic honesty.

LCC shall maintain the identity of any alleged victim, witness, or third-party reporter of domestic violence, dating violence, sexual assault, or stalking on LCC property, as defined above, in confidence consistent with State and federal law, unless the alleged victim, witness, or third-party reporter specifically waives that right to confidentiality. All inquiries from reporters or other media representatives about alleged domestic violence, dating violence, sexual assaults, or stalking on LCCproperty shall be referred to the LCC Title IX Office to assure that all confidentiality rights are maintained consistent with State and federal law.

Additionally, the Annual Security Report will include a statement regarding LCC’s programs to prevent sexual assault, domestic violence, dating violence, and stalking and procedures that should be followed after an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any in any LCC proceeding arising from such a report. The statement must include the following:

  • A description of educational programs to promote the awareness of rape, acquaintance rape, other forcible and non-forcible sex offenses, domestic violence, dating violence, or stalking;
  • Procedures to follow if a domestic violence, dating violence, sex offense, or stalking occurs, including who should be contacted, the importance of preserving evidence to prove a criminal offense, and to whom the alleged offense should be reported;
  • Information on a student’s right to notify appropriate law enforcement authorities, including on-campus and local police, and a statement that campus personnel will assist the student in notifying these authorities, if the student so requests, and the right to decline to notify these authorities;
  • Information about how LCCwill protect the confidentiality of victims;
  • Information for students about existing on- and off-campus counseling, mental health, victim advocacy, legal assistance, or other services for victims;
  • Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement;
  • Procedures for campus disciplinary action in cases of an alleged domestic violence, dating violence, sexual assault, or stalking including a clear statement that:
    • Such proceedings shall provide a prompt, fair, and impartial resolution;
    • Such proceedings shall be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
    • The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and
    • Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding resulting from an alleged domestic violence, dating violence, sexual assault, or stalking, the procedures for the accused and victim to appeal the results of the disciplinary proceeding, of any changes to the results that occurs prior to the time that such results become final, and when such results become final. Compliance with this paragraph does not violate the Family Educational Rights and Privacy Act (FERPA). For the purposes of this paragraph, the outcome of a disciplinary proceeding means the final determination with respect to the alleged domestic violence, dating violence, sex offense, or stalking and any sanction that is imposed against the accused.
  • A description of the sanctions the campus may impose following a final determination by a campus disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses, domestic violence, dating violence, or stalking.

Education and Prevention Information

The Title IX Office shall:

  • Provide, as part of each campus’ established on-campus orientation program, education and prevention information about domestic violence, dating violence, sexual assault, and stalking. The information shall be developed in collaboration with campus-based and community-based victim advocacy organizations, and shall include LCC’s sexual assault policy and prevention strategies including empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction.
  • Post sexual violence prevention and education information on the campus internet website regarding domestic violence, dating violence, sexual assault and stalking.

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 12, room 200; 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 541-436-3010.

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 Title IX and Sex Discrimination 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 120 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.

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.

Off campus:

  • Sexual Assault Support Services 541-343-7277 or (800) 788-4727
  • Victims Assistance Program 541-682-4523
  • McKenzie Willamette Hospital 541-726-4400
  • Sacred Heart Hospital 541-686-6931
  • Peace Harbor – Florence 541-997-8412
  • Cottage Grove Community Hospital 541-942-0511
  • Department of Homeland Security, U.S. Citizenship and Immigration Services:
    • 800-375-5283 or (800) 767-1833 (TDD for the deaf or hard of hearing).
    • 1455 NW Overton Street Portland, OR 97209.
  • Bureau of Education and Cultural Affairs: U.S. Ambassadors Fund for Cultural Preservation 202-632-6301 or email afcp@state.gov

FBI Uniform Crime Reporting

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

Date Adopted

Wednesday, December 1, 2004

Date Last Reviewed

Tuesday, August 11, 2020