Northeastern Junior College
Safety & Security

Title IX

Title IX is a federal, civil rights law that prohibits discrimination in education. It ensures that institutions of higher learning are proactive in handling complaints and have established procedures for addressing discrimination, harassment and violence, and that they provide support for survivors.

Title IX and Northeastern Sexual Misconduct Procedure

Complaint forms

Non-Civil Rights Complaint Form - Employees
Non-Civil Rights Complaint Form - Students
Student Civil Rights Grievance and Investigation Process

Employee Civil Rights Grievance and Investigation Process
Sexual Misconduct Procedure

Basis

The Northeastern Junior College (“NJC” or “College”) community has the right to be free from sexual violence. All members of the NJC community are expected to conduct themselves in a manner that does not infringe upon the rights of others. NJC is committed to a zero tolerance policy for sex/gender-based misconduct. This procedure has been developed to provide recourse for those individuals whose rights have been violated. This procedure is intended to define NJC expectations and to establish a mechanism for determining when those expectations have been violated.

NJC, as part of the Colorado Community College System (“System” and/or “CCCS”), developed this procedure in accordance with System President’s Procedure (SP) 3-120a and 4-120a regarding sexual misconduct.  To the extent this procedure conflicts with federal, law, state law or Colorado Community College System (“System”) Board Policies and Procedures, the law and System policies and procedures supersede and control.

Application

This procedure applies to any employee, student, authorized volunteer, guest or visitor of NJC and to behaviors that take place on the campus, at System or College sponsored events, and may also apply off-campus and to actions online when the Title IX Coordinator determines that the off-campus conduct affects a substantial System or College interest.

Sexual Misconduct

Sexual Misconduct includes, but is not limited to:

  • Sexual Harassment
  • Non-Consensual Sexual Contact (or attempts to commit same)
  • Non-Consensual Sexual Intercourse (or attempts to commit same)
  • Sexual Exploitation

Sexual harassment may be the result of a hostile environment, quid pro quo, and/or retaliation.

  • A hostile environment exists when a person is subjected to sex or gender based verbal or physical conduct that is sufficiently severe, persistent or pervasive to alter the conditions of a person’s employment and/or unreasonably interfere with a person’s ability to participate in or benefit from the System or College’s educational program and/or activities, from both a subjective and objective viewpoint.
  • Quid pro quo sexual harassment exists when a person engages in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, and submission to or rejection of such conduct is used in determining educational and/or employment decisions.
  • Retaliatory sexual harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of sexual misconduct.

Non-consensual sexual contact is:

  • any intentional sexual touching,
  • however slight,
  • with any object,
  • by any individual upon any individual,
  • that is without consent and/or by force.

Non-consensual sexual intercourse is:

  • any sexual penetration or intercourse (anal, oral or vaginal);
  • however slight,
  • with any object,
  • by any individual upon any individual,
  • that is without consent and/or by force.

Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

Consent must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give effective consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces consent.

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental disability, sleep, involuntary physical restraint, or from the ingestion of rape drugs. Possession, use and/or distribution of any of these substances, including, but not limited to Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at the Rape Treatment Center. Having sex with someone whom you know to be, or should know to be, incapacitated (mentally or physically) is a violation of College policy.

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 (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of College policy.

Sexual exploitation occurs when anyone 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 person
  • 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 a sexually transmitted infection (STI) or human immunodeficiency virus (HIV) to another person
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation
  • Viewing or possessing child or adult pornography at work or on System or College owned property
  • Sexting

Other forms of sexual misconduct include, but are not limited to, the following, when the act is based on a person’s actual or perceived sex or gender:

  • Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person.
  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the System or College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity; hazing is also illegal under Colorado law.
  • Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally.
  • Stalking, defined as a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.
  • Violence between people in an intimate relationship.
  • Violation of any other System or College rule.

Use of alcohol or other drugs will never function as a defense to a violation of College policy.

Reporting an Incident of Sexual Misconduct

Anyone can request advice and information about possible ways to proceed and to put the college on notice. NJC shall investigate complaints pursuant to SP 3-50b and SP 4-31a, Civil Rights Grievance and Investigation Process. NJC can only respond to allegations of misconduct if it is aware of the misconduct. Further, NJC can more effectively investigate the sooner the allegation is brought to its attention. Any employee, student, authorized volunteer, guest or visitor who believes that he or she has been subjected to sexual misconduct, or believes someone else who is a part of the NJC community is being subjected to sexual misconduct, shall contact the Title IX Coordinator when the alleged victim and/or respondent is a student, employee(s), authorized volunteer, guest(s) or visitor(s). Complete the online complaint form.

Obligation to Report

As a faculty or staff member of NJC, you have an obligation to report any incidents of alleged sexual misconduct that you may witness or that may be reported to you within 24 hours after learning of such misconduct. You should report these situations to the NJC Title IX Coordinator, Steve Smith, Vice President of Student Services—Hays 113 (970) 521-6657.

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident of sexual misconduct, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct.

Revising this Procedure

This procedure defines and prohibits sexual misconduct. If statutory provisions, regulatory guidance, or court interpretations change or conflict with this procedure, the procedure can be deemed amended as of the time of the decision, ruling or legislative enactment to assure continued compliance.

CCCS and NJC reserve the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

Northeastern Campus Contacts

Vice President of Student Services—Steve Smith; (970) 521-6657
Steven.Smith@njc.edu

Vice President of Academic Services—Linda Merkl; (970) 521-6606
Linda.Merkl@njc.edu

Director of Residence Life and Student Activities—Timothy Stahley; (970) 521-6655
Timothy.Stahley@njc.edu

Campus Safety & Security Coordinator—Trenton Schwarzer; (970) 521-6683
Trenton.Schwarzer@njc.edu

External Resources

Colorado Department of Education (CDE) and Title IX
201 East Colfax Ave.
Denver, CO 80203
Phone: 303-866-6600
Fax: 303-830-0793

Sexual Assault Response Advocates (S.A.R.A.)
418 Ensign Street
Fort Morgan, Colorado 80701
(Phone) 970-867-2121   (Fax) 970-867-4714
(Toll Free) 1-855-440-SARA (7272)
http://sarainc.org/

Pandora’s Project: Support and resources for survivors of rape and sexual abuse www.pandys.org

Rape, Abuse and Incest National Network
www.rainn.org