Title IX/Student Safety

Title IX/Student Safety


Seminole State College takes acts of sexual harassment, including sexual violence, extremely seriously and believes that 1 VICTIM IS 2 MANY. The following information, consistent with U.S. Department of Education Title IX guidance, provides details on the college’s response, resources and remedies to sexual violence. The college invites all members of the campus community to be part of the effort to maintain a safe and productive environment in which to live, learn, and be successful by committing to end sexual violence and sexual harassment.


 Student Training 


 


Step by Step

I've been Assaulted. What do I do?

You are not alone.  Sexual violence can be very emotionally disruptive, and it takes time to come to terms with such a major stress. In addition to support that may be found in family and friends, the following agencies and departments can serve as resources for you.

 

Safety

Think about your safety.  Are you safe from your attacker? Do you need immediate help?

If you have been a victim of sexual violence and need immediate help, call the police or 911. If the incident happened on campus, call the SSC Police Department at (405) 382-9500 or 405-380-8989.

Once you have secured your safety, think about getting medical attention.

 

Medical Attention

Immediate medical attention may be necessary to prevent the spread of sexually transmitted infection and possible pregnancy, as well as treat any wounds incurred.  Go to the Alliance Health Seminole Hospital at 2401Wrangler Blvd. to receive care for any physical injuries that may have occurred. While in the emergency room, treatment will be provided for sexually transmitted diseases and to prevent pregnancy. The nearest Sexual Assault Nurse Examiner (SANE) facility is the Unzner Center at 214 N. Oklahoma Avenue in Shawnee (405) 273-1992.  SSC will help you to get to either facility. 

If you go to the Unzner Center a sexual assault nurse examiner (SANE), a police officer, and a rape volunteer advocate will be sent to the exam site.  The rape advocate will support you throughout the entire exam, which will be performed by the nurse. The advocate will provide a packet of written materials that contains information about common reactions to rape, follow-up medical needs and support services.

Do not shower, bathe, douche, change or destroy clothes, eat, drink, smoke, chew gum, take any medications or straighten the room or place of the incident. Preserving evidence is critical for criminal prosecution. Although you may not want to prosecute immediately after the incident, that choice will not be available without credible evidence. The evidence collected can also be useful in the campus conduct process.

 

Support Services

Even if you choose not to access medical attention, you are encouraged to seek support services when you are ready.  These might include counseling, law enforcement, or student conduct services.  You can read more about resources on the Campus Resources or Interim Safety Measures page. 

Supportive Safety Measures

Seminole State's priority is to make victims feel safe in their environment. Many times, students may need support in various aspects of their lives after a traumatic experience. Student Conduct and the Title IX Coordinator can put in place interim measures for student victims of sexual violence as needed. A formal complaint does not need to be submitted to have interim measures put in place; students should simply reach out to Student Conduct or the Title IX coordinator to receive help. The college will maintain confidentiality to the extent possible. Some of these measures can be put in place for the respondent as well. Read below to learn more about possible interim measures you may be able to obtain.

  • Assistance in Reporting:  Student Conduct or the Title IX Coordinator can assist in filing a complaint with the college conduct process and the appropriate law enforcement agencies against the individual(s) who caused harm.
  • No Contact Order: No Contact Order: Student Conduct or the Title IX Coordinator can put in place a No Contact Order between the complainant and the respondent, which would prohibit contact between both parties through any means of communication, as well as prohibit others from making contact on their behalf.
  • Emergency Protective Order:Student Conduct or the Title IX Coordinator can assist victims in filing for an Emergency Protective Order in court with Wings of Hope. This is a court-ordered petition that prohibits contact between the complainant and respondent.
  • Safety Measures: Student Conduct or the Title IX Coordinator can coordinate any reasonable arrangements that are necessary for ongoing safety. This includes transportation arrangements or providing an escort.
  • Living Arrangements: Student Conduct or the Title IX Coordinator can assist in changing victim’s on-campus living arrangements or that of the respondent to ensure safety and a comfortable living situation.
  • Academic Arrangements: Student Conduct or the Title IX Coordinator can assist in adjusting academic schedules as well providing access to academic support services.
  • Other Interim Measures: Student Conduct or the Title IX Coordinator can coordinate reasonable arrangements to address the effects of the sexual violence, including connecting victims with counseling or health care. 

When Student Conduct or the Title IX Coordinator becomes aware of a student who could potentially be a victim of sexual violence, they will contact the victim through Seminole State College email to share these potential interim measures, reporting options and other resources available. This will be done no matter the location of the incident.

If you need or would like to learn more about potential safety measures, stop by the Student Conduct office at Walkingstick Student Services #120, call 405-382-9272, or email b.knowles@sscok.edu  or Title IX Coordinator Leslie Sewell in the Raymond Harbor Fieldhouse(Gym) 405-382-9541 or l.sewell@sscok.edu.

Reporting

All forms of sexual violence, should be reported, no matter the severity. Seminole State College’s primary concern is safety; therefore, individuals should not be deterred from reporting even if the use of alcohol or other drugs was involved.

The college encourages victims of sexual violence to talk to someone about what happened so that they can receive support and so the college can respond appropriately. The college offers both confidential services and non-confidential reporting options. It is important to know that different individuals may have different responsibilities regarding confidentiality, depending on their position. Under state law, some individuals can assure confidentiality for a victim, including counselors and victim advocates. In general, however, any other college employee cannot guarantee complete confidentiality, unless specifically provided by law. The college must balance the needs of the individual victim with an obligation to protect the safety and well-being of the community.

Different employees on campus have different abilities to maintain a victim’s request for confidentiality.

  • Some employees may talk to a victim in confidence and generally report only that an incident occurred without revealing any personally identifying information.Disclosure to these employees will not trigger a college investigation into an incident against the victim’s wishes. This report is done through a Clery Report and does not include the victim’s name or other identifying information.
  • Some employees are required to report all the details of an incident (including the identities of both the victim and alleged perpetrator) to the Title IX coordinator or deputy coordinator. 

Confidential Services

Confidential service options provide students with the ability to confidentially share and discuss an instance of sexual violence, without their information being shared with others. Please note that Seminole State College does not employee professional and licensed counselors, victim advocate, or health providers that allow for confidential reporting.  Confidential services limits the college’s ability to respond to incidents. 

Non-Confidential Reporting Options

Seminole State College and the Clery Act require all employees who become aware of an instance of sexual violence to report the instance to SSC Police. The victim’s name should not be reported to the police without the victim’s permission. The report should include the nature, date, time and general location of an incident. This is a limited report that includes no information that would directly or indirectly identify the victim. This allows for the college to track patterns and develop appropriate campus-wide responses.

If the college determines that the alleged individual(s) pose a serious and immediate threat to the campus, the college may issue a timely warning to the community. Any such warning will not include any information that identifies the victim.

When an instance of sexual violence is reported to a “responsible employee,” a student can expect the incident will be reported to the college’s Title IX Coordinator or Student Conduct. A “responsible employee” is an employee who has the authority to redress sexual violence, has the duty to report incidents of sexual harassment and other student misconduct, or who a student could reasonably believe has this authority or duty. Examples include, but are not limited to, faculty members, advisors, employees in student services offices and anyone in a supervisory role.

A responsible employee must report to the Title IX Coordinator or Student Conduct all relevant details about the alleged sexual violence shared by the victim including names, date, time, and specific location of the alleged incident.

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the college’s response to the report. A responsible employee should not share information about the victim to law enforcement unless a victim requests the employee to do so.

When a victim tells a responsible employee about an incident of sexual violence, the victim has the right to expect the college will investigate the alleged sexual violence, end any sexual violence, prevent the sexual violence from recurring, and educate on sexual violence.

Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations and if the victim wants to maintain confidentiality, then the victim should be directed to a confidential resource.  

Requests for No Action

When Student Conduct is made aware of an alleged sexual violence situation, a victim will be sent resources via their college email address.

  • If there is no response from the victim, Student Conduct will contact the alleged individual(s), if known, to discuss the concern and educate on sexual violence prevention.  The information collected will be documented.
  • If the victim requests that no action be taken, Student Conduct and the college must weigh that request against the obligation to provide a safe environment for all students, including the victim. No action request could include the following:
      • A request to not contact the alleged individual(s),
      • A request for no investigation from the college, or
      • A request for no conduct action to be taken.

If the college honors the request for confidentiality, a victim must understand that the college’s ability to meaningfully investigate and respond to the incident may be limited.

Although rare, there are times when the college may not be able to honor a victim’s request in order to provide a safe environment for all students.  When weighing a victim’s request for no action the following will be considered:

  1. The increased risk that the alleged respondent will commit additional acts of sexual or other violence, such as:
    • whether there have been other sexual violence complaints about the same alleged respondent;
    • whether the alleged respondent has a history of arrests or records from a prior school indicating a history of violence;
    • whether the alleged respondent threatened further sexual violence or other violence against the victim or others;
    • whether the sexual violence was committed by multiple respondents;
  2. whether the sexual violence was perpetrated with a weapon;
  3. whether the victim is a minor;
  4. whether the respondent participates in college-approved student activities (e.g., athletics, student organization etc.);
  5. whether the college possesses other means to obtain relevant information of the sexual violence (e.g., security cameras, personnel, physical evidence); and,
  6. whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

The presence of one or more of these factors could lead the college to investigate and, if appropriate, pursue conduct action.  If none of these factors is present, the college will likely respect the victim’s request for no action.

If determined that the college cannot maintain a victim’s confidentiality, the college will inform the victim prior to starting an investigation. The college will remain ever mindful of the victim’s well-being   and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. The college may not require a victim to participate in any investigation or conduct process. Retaliation against the victim, whether by students or college employees, will not be tolerated. 

Reporting to the Police

The college strongly encourages individuals to report sexual violence and any other criminal offenses to the police. This does not commit a victim to prosecute but will allow the gathering of information and evidence. The information and evidence preserve future options regarding criminal prosecution, college conduct actions and/or civil actions against the perpetrator.

On campus incidents can be reported to the SSC Police Department Walkingstick Student Services Building or at 405-382-9500 or 405-380-8989. If the incident occurred elsewhere in Seminole, it can be reported to the Seminole Police Department at 900 N Harvey Rd, Ste C, Seminole, OK 74868 or at 405-382-3434

If the incident happened anywhere else, it can be reported to the local law enforcement with jurisdiction in the location where it occurred.  Please know that the information reported can be helpful in supporting other reports and preventing further incidents.

Reporting to Student Conduct

Anyone can report instances of sexual violence to Student Conduct Student office at Walkingstick Student Services #120, call 405-382-9272, or email b.knowles@sscok.edu

A complaint should be filed as soon as possible, preferably within 180 calendar days of the incident. A complaint can be emailed to b.knowles@sscok.eduor in person in the office of Student Conduct.

If either the victim or the respondent is a student, the incident will be addressed through the student conduct process once a complaint is filed.

The college strongly encourages individuals to report any instance of sexual violence to the police.

Student Conduct Process

Filing a Complaint

Anyone can report any instances of Dating Violence, Domestic Violence, Sexual Assault and Stalking, as well as other crimes or violations of the Student Code of Conduct, to Student Affairs in Walkingstick Building, 405-382-9272, or to the campus police 405-382-9500. A complaint should be filed as soon as possible, preferably within 180 calendar days of the incident. A complaint can be filed by email, phone call, incident report, or in person.  Forms can be obtained from the Seminole State College Police Department, residence hall Resident Assistants, Residence Hall Manager, or Coordinator of Residence Life.

If either the victim or the respondent are students, the incident will be addressed through the Student Conduct process once a complaint is filed.

The college strongly encourages individuals to report any instance of sexual harassment and sexual violence to the police.

Once You Have Filed a Complaint with Student Conduct

We want you to be knowledgeable about the process that occurs once a complaint with Student Conduct is filed. The following describes the investigation process, the hearing and the outcome of the hearing. Student Conduct will be available to explain the process as requested. The Student Conduct process will be prompt, fair, and impartial. This means the process will be completed within a reasonable timeframe as designated below and without undue delay. The process will be conducted in a manner that is consistent with the college’s policies and will be transparent to all parties. Lastly, the Student Conduct process will be conducted by officials who do not have conflict of interest or bias for the complainant or respondent.

Investigation

  1. You will be notified of receipt of your complaint and the actions the college official will take.
  2. A college official will meet with you to discuss the complaint submitted, review the investigation and hearing process, and determine the outcome you desire from your complaint.
  3. An investigation will be conducted by a non-biased Title IX Investigator or other personnel if non-Title IX related. This investigation will include:
    • meeting personally with the complainant,
    • meeting personally with the student(s) accused,
    • meeting personally with any witnesses, and
    • reviewing any documentary evidence.
  4. The investigation of complaints will be adequate, reliable and impartial. The Title IX Investigator will compile an investigation report.
  5. The investigation process can take up to 60 days. If at any point either party would like an update of the investigation process all they need to do is ask and an update will be provided.
  6. The college official will determine if a conduct hearing is possible based on the available information.
  7. If it is determined that the college will proceed with a formal conduct hearing, the complainant and the responding student(s) will be notified of the hearing date.

Hearing

  1. The Vice President for Student Affairs will serve as the campus disciplinary officer.  The VPSA may conduct the hearing personally or may, appoint an independent hearing officer or panel to hear the case.
  2. Hearing notification will occur at least five days in advance and include the hearing date, time and location. Hearings will be scheduled around academic schedules.
  3. Allegations of sexual misconduct and sexual harassment will be heard by the Conduct Hearing Panel which is comprised a faculty member, a staff member and a student.
  4. The hearing includes opening statements, presentation of the investigation report, information about the incident, presentation of information by witnesses, and closing statements.
  5. Each party is permitted to have a person of their choosing to accompany them throughout the hearing as an advisor.
  6. The accused student’s advisor may counsel the student, but may not speak on behalf of the student or address the panel.  If a student chooses to have an advisor present, the student must notify the VPSA in writing of the name, address and telephone number of the advisor three days prior to the scheduled date of the hearing. 
  7. All parties are permitted to be present during the hearing (except during deliberations of the panel). All parties can be in the same room in a pre-arranged, non-threating set-up or in separate rooms with a video conference set up.
  8. All parties are permitted to make statements, present witnesses and information during the hearing. Witnesses and information need to be directly related to the incident.
  9. A preponderance of the evidence is used in the evaluation of student disciplinary cases. The criminal law burden of “beyond a reasonable doubt” is not applicable to the designated procedures.  Should charges against the student also constitute violations of criminal law, the findings of a disciplinary panel of the college should not be viewed as meeting the standards of a criminal proceeding.  In questions of disputed issues of credibility, the college disciplinary officer, or panel, is charged with making the final decision on the basis of rational evaluation of the evidence.

Outcome

  1. Possible outcomes include the entire range of sanctions listed in the Student Code of Conduct. When it is determined that sexual misconduct is more likely than not to have occurred, the outcome can include separation from the college.
  2. You have the right to be informed of the outcome. You will be notified within two business days after the hearing, at the same time the respondent is informed of the outcome.
  3. You have the right to appeal the decision reached through the hearing proceedings within seven business days after the hearing.

Title IX

Title IX Policy

 

Contact:

Leslie Sewell
Title IX Coordinator
2701 Boren Blvd.
Seminole, OK 74868
405-382-9541
l.sewell@sscok.edu

What is Title IX?

Title IX of the Education Amendment of 1972

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

 

Both Title IX and College Policy prohibit discrimination in services or benefits offered by the College based upon gender.

 

Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

 

The following are examples of types of conduct that may constitute sexual harassment:

 

  • Inappropriate touching, patting, or pinching.
  • Physical assault or coerced sexual activity.
  • Demands or subtle pressure for sexual favors.
  • Obscene phone calls, texts, email, or gestures.

Any person (student, faculty, staff, or guest) who believes that discriminatory practices have been engaged in based upon gender may discuss these concerns and file informal or formal complaints of possible violations of Title IX with the Title IX Coordinator.

 

It is the policy of this college to provide equal employment and educational opportunity on the basis of merit without discrimination because of age, race, ethnicity, color, sex, religion, national origin, sexual orientation, veterans’ status, or disability.

 

  • Title IX Coordinator Leslie Sewell, Athletic Services Coordinator Raymond Harbor Fieldhouse 405-382-9541

 

Title IX Applies To Everyone!

    Female, male, gender non-conforming students, faculty, staff, visitors, and, third parties.

 

To everything affiliated with SSC!

         Academics, co-curricular programs, social activities, field trips, study abroad, clinics, etc.

 

Everywhere!

     To incidents that happen on and off campus!

 

What is prohibited under Title IX?

  • Sexual Harassment
  • Sexual Violence
  • Domestic Violence
  • Dating Violence
  • Sexual Exploitation
  • Retaliation

What does this have to do with me?

 

Most SSC employees are required to report incidents of sexual and gender-based harassment, sexual violence, domestic violence, dating violence and stalking to the Title IX Coordinator.  The Department of Education refers to these individuals as Responsible Employees.

 

Why am I a Responsible Employee?

Responsible Employees are those with supervisory responsibilities, or the authority to address or remediate misconduct, or those whom an individual might reasonably believe have such supervisory responsibility or authority.

 

To whom does a Responsible Employee report an incident?

Title IX Coordinator

 

What is your actual reporting responsibility?

 

To promptly place incidents of sexual and gender based harassment, sexual violence, dating and domestic violence, stalking and related retaliation into the hands of Title IX Coordinator.

 

As a Responsible Employee you have two main duties:

1. To inform a survivor of their rights and the services available through SSC.

2. Report the incident to the Title IX Coordinator.

 

What is a Responsible Employee’s duty to inform?

 

Before a person reveals information that they may wish to keep confidential a Responsible Employee should make every effort to ensure that the survivor understands:

      • the Responsible Employee’s obligation to report to the Title IX Coordinator (names and relevant facts such as the date, time, and location)
      • the option to request that SSC maintain confidentiality and not start an investigation, which the college will consider; and
      • inform the survivor that they entitled to support services
      • inform the survivor that SSC prohibits retaliation

What if a survivor does request confidentiality or asks that SSC does not investigate?

 

1. If the survivor wants to tell the Responsible Employee what happened, but also maintain confidentiality or ask that no investigation occur, the Responsible Employee should tell the survivor that SSC will consider the request, but cannot guarantee that we will be able to honor it.

 

2. In reporting the details of the incident to the Title IX Coordinator, the Responsible Employee must inform the coordinator of the survivor’s request for confidentiality and/or no investigation.

 

How does SSC evaluate a survivor’s request for confidentiality or no investigation?

 

In consultation with Campus Police and other personnel necessary personnel, the Title IX Coordinator will evaluate a request for confidentiality or no investigation by considering factors, such as whether:

 

  • there have been other similar complaints about the same accused;
  • the accused has a history of arrests or records indicating a history of violence;
  • the accused threatened any further violence against the survivor or others; • the misconduct was committed by multiple alleged perpetrators;
  • the act was perpetrated with a weapon;
  • the survivor is a minor; • there appears to be a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group

What must be included in the Responsible Employee’s report?

 

An Responsible Employee must report all known details about the alleged incident, including:

  • the Responsible Employee’s name, position and contact information
  • the date, time and location of incident (if known)
  • the date the incident was reported to the Responsible Employee
  • the name and contact information of the survivor or other party who reported the incident (if known)
  • the name and contact information of the accused (if known) a description of the incident (as much factual detail as possible;
  • names of witnesses (if available)
  • whether complainant has requested confidentiality
  • whether other offices are involved (has the survivor reported the incident to anyone else on campus, to the police, or to an outside agency?)

 

How can a Responsible Employee make sure the report is confidential?

 

  • A Responsible Employee is obligated to inform the Title IX Coordinator ONLY.
  • The information shared by the survivor is confidential and should not be disclosed to anyone else on campus.
  • A Responsible Employee should not share information with law enforcement without the survivor’s consent. The Title IX Coordinator will make the determination as to whether or not Campus Police needs to be made aware of the incident.

 

What does SSC do with the report?

 

  • The Title IX Coordinator will determine whether further action is necessary.
  • If the Title IX Coordinator determines that additional action is necessary, the survivor will be informed and protected from any retaliation.
  • The Title IX Coordinator, or a designee, will contact the survivor to answer any questions, discuss support options and address any safety concerns.
  • The Title IX Coordinator will ensure that appropriate interim measures are implemented.

 

Please note that a survivor’s personal information will be shared only as necessary, and consistently with state and federal law:

 

  • with investigators, witnesses, and the accused
  • with other CCS officials to provide interim measures
  • when required to be disclosed by law

Student Training

Policy Definitions

Sex Discrimination

 

Sex Discrimination is an umbrella term encompassing multiple types of actions involving the unfavorable treatment of an individual or group of identifiable individuals based on sex.

  • Sexual Harassment
  • Sexual Misconduct
  • Domestic Violence
  • Dating Violence
  • Stalking

 

Sexual Harassment

 

Sexual harassment is unwelcomed sexual advances, requests for sexual favors and other verbal or physical contact or communication of a sexual nature when:

 

  1. Submission to such conduct or communication is made either explicitly or implicitly a term or condition of educational benefits, employment, academic evaluations or other academic opportunities,
  2. Submission to or rejection of such conduct or communication by an individual is used as the basis for an employment decision or academic decision affecting such individual, or
  3. Such conduct is sufficiently severe, pervasive, or persistent and objectively offensive that has the effect of creating an intimidation, hostile or offensive environment which negatively affects an individual’s academic or employment environment.

 

Sexual harassment does not include verbal expressions or written materials that is relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom or the college’s educational mission.

 

Two forms of Sexual Harassment:

 

  • Quid Pro Quo- Exchange of sexual favor for benefit in workplace or educational environment.
  • Hostile Environment
  • Subjective AND Objective
    • Sufficiently Severe, Pervasive, OR Persistent
        • Severe- How bad is it?
        • Pervasive- How wide spread is it?
        • Persistent- How frequent is it?

 

  • Student in a biology class sends frequent e-mails to the class listserv that contain sexist jokes
  • Student hangs nude male photos in her room that are visible to all of her roommates

 

Examples

 

  • Unwelcomed sexual flirtation, advances or propositions of sexual activities.
  • Asking about someone else’s personal, social or sexual life or about their sexual fantasies, preferences or history.
  • Discussing one’s own personal sexual fantasies, preferences or history.
  • Repeatedly asking for a date from a person who is not interested.
  • Whistles, catcalls or insulting sounds.
  • Sexually suggestive jokes or innuendoes, or turning discussions into sexual topics.
  • Sexually offensive or degrading language used to describe an individual or remarks of a sexual nature to describe a person’s body or clothing.
  • Calling a person a “hunk,” “doll,” “babe,” “sugar,” “honey” or similar descriptive terms.
  • Displaying sexually demeaning or offensive objects and pictures.
  • Making sexual gestures with hands or body movements.
  • Rating a person’s sexuality.
  • Unwelcomed touching of a person’s body, including massaging a person.

Offensive physical contact- Possible problem areas include:

 

  • Massaging a person's neck or shoulders
  • Touching a person's clothing, hair, or body hugging, kissing, patting, or stroking a person's body
  • Touching or rubbing oneself in a sexual manner around or in the view of another person
  • Brushing up against another person
  • Tearing, pulling, or yanking a person's clothing
  • Sexual assault or other sexual contact

 

Sexual Misconduct

 

Sexual misconduct is engaging in non-consensual contact of a sexual nature. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior including, but not limited to, the following examples of prohibited conduct:

 

  • Unwelcome sexual touching: Touching an unwilling or non-consensual person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth or clothing covering same); touching an unwilling person with one’s own intimate parts; or forcing an unwilling person to touch another’s intimate parts.
  • Exposure: Engaging in indecent exposure, sexual acts in a public place, voyeurism or non-consensual sharing of sexually explicit images.
  • Non-consensual sexual assault: Penetrating any bodily opening of an unwilling or non-consensual person with any object or body part.
  • Forced sexual assault: Penetrating any bodily opening of an unwilling or non-consensual person with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another’s mental or physical condition (such as lack of consciousness, incapacitation due to ingestion of drugs or alcohol, age or mental disability) of which the respondent was aware or should have been aware.

Effective Consent is:

  • informed;
  • freely and actively given;
  • mutually understandable words or actions; and
  • willingness to participate in mutually agreed upon sexual activity.

 

Further:

  • Initiators of sexual activity are responsible for obtaining effective consent.
  • Silence or passivity is not effective consent.
  • The use of intimidation, coercion, threats, force or violence negates any consent obtained.
  • Consent is not considered effective if obtained from an individual who is incapable of giving consent due to the following:
    • mental, developmental, or physical disability; or
    • they are under the legal age to give consent; or
    • they are incapacitated by alcohol, beer or under the influence of drugs.

Individuals who commit acts of sexual misconduct assume responsibility for their behavior and must understand that the use of alcohol or other drugs does not reduce accountability for their actions.

 

Examples of sexual misconduct violations:

 

  • Ignoring an individual’s protest and engaging in sexual activity.
  • Convincing somebody to have sex, which likely constitutes intimidation or coercion. If someone is coerced, the “yes” is not effective consent.
  • Drinking and/or drug use may render an individual incapable of giving consent for sexual activity. For example, someone who is incapacitated may agree to have sex at the time, but have no memory of the consent. This person may have been functioning in a “blackout” and could not give effective consent.
  • Holding a person down or preventing a person from leaving the room and forcing him or her to engage in sexual activity against their will.

 

Domestic Violence

 

Domestic violence is a crime of violence committed by a:

 

    • Current or former spouse or intimate partner of the victim
    • Person with whom the victim shares a child in common
    • Person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
    • Person similarly situated to a spouse of the victim.

Domestic violence is a pattern of abusive behavior that is used by one partner to gain or maintain power and control over another intimate partner. It can be physical, sexual, emotional, economic, or psychological actions or threat of actions that influence another person.

 

Definition consistent with Violence Against Women Act Volume 79 CFR.

 

Dating Violence

 

Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person.

Definition consistent with Violence Against Women Act Volume 79 CFR.

 

Stalking

 

Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:

 

  • Would cause a reasonable person or a member of the immediate family of that person as defined in subsection F of this section to feel frightened, intimidated, threatened, harassed, or molested; and;
  • Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested, upon conviction, shall be guilty of the crime of stalking, which is a misdemeanor punishable by imprisonment in a county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
  • For purposes of this section:
  1. “Harasses” means a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Harassment shall include harassing or obscene phone calls as prohibited by Section 1172 of this title and conduct prohibited by Section 850 of this title. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;
  2. “Course of conduct” means a pattern of conduct composed of a series of two (2) or more separate acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”;
  3. “Emotional distress” means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling;
  4. “Unconsented contact” means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. Unconsented contact includes but is not limited to any of the following:

 

  • following or appearing within the sight of that individual,
  • approaching or confronting that individual in a public place or on private property,
  • appearing at the workplace or residence of that individual,
  • entering onto or remaining on property owned, leased, or occupied by that individual,
  • contacting that individual by telephone,
  • sending mail or electronic communications to that individual, and
  • placing an object on, or delivering an object to, property owned, leased, or occupied by that individual; and

 

  1. “Member of the immediate family”, for the purposes of this section, means any spouse, parent, child, person related within the third degree of consanguinity or affinity or any other person who regularly resides in the household or who regularly resided in the household within the prior six (6) months.

 

Stalking can occur by someone that is known casually, a current boyfriend or girlfriend, someone dated in the past or a stranger.

 

Definition consistent with Violence Against Women Act Volume 79 CFR and Oklahoma state statute.

 

Retaliation

The college will not tolerate retaliation against a person who, in good faith, brings a complaint forward.  Any attempt to penalize or retaliate against a person for filing a complaint or participating in the investigation of a complaint of sexual harassment will be treated as an equally serious form of harassment.

 

Oklahoma State Statutes

 

The following are the definitions as described in Oklahoma State Statues and not necessarily the definition the college has for these terms.

 

These definitions can be found in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act.

 

  • Assault: Assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.
  • Domestic Abuse/Violence: Any act of physical harm, or threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationships. (§22-60.1/§43-107.1)
  • “Family of household members” means:
    •  spouses,
    • ex-spouses,
    • present spouses of ex-spouses,
    • parents, including grandparents, stepparents, adoptive parents and foster parents,
    • children, including grandchildren, stepchildren, adoptive children and foster children,
    • persons otherwise related by blood or marriage,
    • persons living in the same household or who formerly lived in the same household, and
    • persons who are the biological parents of the same child, regardless of their marital status, or whether they have lived together at any time. This shall include the elderly and handicapped
    • “Dating relationship” means a courtship or engagement relationship. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business of social context shall not constitute a dating relationship.
  • Harassment: A knowingly and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. “Harassment” shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily harm
    • “Family of household members” means:
      •  spouses,
      • ex-spouses,
      • present spouses of ex-spouses,
      • parents, including grandparents, stepparents, adoptive parents and foster parents,
      • children, including grandchildren, stepchildren, adoptive children and foster children,
      • persons otherwise related by blood or marriage,
      • persons living in the same household or who formerly lived in the same household, and
      • persons who are the biological parents of the same child, regardless of their marital status, or whether they have lived together at any time. This shall include the elderly and handicapped
      • “Dating relationship” means a courtship or engagement relationship. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business of social context shall not constitute a dating relationship.

 

  • Stalking: The willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor thirteen (13) years of age of older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested. Stalking also means a course of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose or unconsented contact with a person that is initiated or continued without the consent of the individual or in disregard of the expressed desire of the individual that the contact be avoided or discontinued. Unconsented contact or course of conduct includes, but is not limited to:
    • following or appearing within the sight of that individual,
    • approaching or confronting that individual in a public place or on private property,
    • appearing at the workplace or residence of that individual,
    • entering onto or remaining on property owned, leased, or occupied by that individual,
    • contacting that individual by telephone,
    • sending mail or electronic communications to that individual, or
    • placing an object on, or delivering an object to, property owned, leased or occupied by that individual
  • Rape: is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
    • Where the victim is under sixteen (16) years of age;
    • Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;
    • Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
    • Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
    • Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
    • Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;
    • Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; or
    • Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system.

Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.

What is Consent?

The term “consent” means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time.  Consent cannot be:

 

Given by an individual who:

 

  • is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or
  • is under duress, threat, coercion or force; or
  • Inferred under circumstances in which consent is not clear including, but not limited to:
  • the absence of an individual saying “no” or “stop”, or
  • the existence of a prior or current relationship or sexual activity.
  • 21 Okla. Stat. § 113 (effective June 6, 2016).

The following is to be used for informational, educational, and preventative purposes.

 

A person CANNOT give consent:

(Regardless of what he or she might verbalize):

 

  • The person is incapacitated or unconscious as a result of alcohol and/or drugs
  • The person is mentally disabled to the extent that the person cannot understand the nature or the consequences of the sexual act
  • The person is not of age to give consent
  • Once a person says no. It does not matter if or what kind of sexual behavior has happened previously in the current event, earlier that day, or daily for the previous six months. It does not matter if it is a current long-term relationship, a broken relationship, or marriage. If one partner says, NO, and the other forces penetration it is rape.

What does consent mean in intimate relationships?

 

Consent is when one person agrees to or gives permission to another person to do something. Consent means agreeing to an action based on your knowledge of what that action involves, its likely consequences and having the option of saying no. 

The absence of no does not mean yes. Consent is a very important part of a sexual relationship. Each person is responsible for their own comfort and safety. Consent is an important part of healthy sexuality and both people should be involved in the decision to participate in sexual activity.

 

Consent Is

 

  • A voluntary, sober, imaginative, enthusiastic, creative, wanted, informed, mutual, honest, and verbal agreement.
  • An active agreement: Consent cannot be coerced.
  • A process, which must be asked for every step of the way; if you want to move to the next level of sexual intimacy, just ask.
  • Never implied and cannot be assumed, even in the context of a relationship. Just because you are in a relationship does not mean that you have permission to have sex with your partner.

Kissing Doesn't Always Need to Lead to Sex

 

Everyone has the right to say no and everyone has the right to change their mind at any time regardless of their past experiences with other people or the person they are with.

 

The Perks of Consent

 

  • Shows that you have respect for both yourself and your partner.
  • Enhances communication, respect, and honesty.
  • Having the ability to know and be able to communicate the type of sexual relationship you want.
  • The opportunity to acknowledge that you and your partner have sexual needs and desires.
  • The opportunity to identify your personal beliefs and values and respecting your partners personal beliefs and values.
  • Building confidence and self-esteem.
  • Challenging stereotypes that rape is a women's issue.
  • Challenging sexism and traditional views on gender and sexuality.
  • Gaining positive views on sex and sexuality are empowering.
  • Eliminates the entitlement that one partner might feel over another. Neither your body nor your sexuality belong to anyone else.

 

What if the person you're with is unable to give consent?

 

Drugs and alcohol can affect people’s ability to make decisions, including whether or not they want to be sexual with someone else. This means that if someone is really out of it, they cannot give consent.

 

Being with them in a sexual way when they don't know what is going on is the same as rape.

 

If you see a person who is unable and is being intimate with someone, you should pull them aside and try your best to make sure that person is safe and knows what he or she is doing. If it’s the opposite situation, and your friend is trying to engage in a sexual encounter with someone who is out if it, you should try to pull them aside and stop them from continuing their behavior

 

Responsibility with Consent

 

Giving consent is not the sole responsibility of one person. An initiator of sexual activity is also responsible for obtaining effective consent before engaging in sexual behavior.

 

How do you know if the person you are with has given their consent?

 

The only way to know for sure if a person has given consent is if they tell you. Its not always easy to let people know that you are not happy about something. Sometimes the person you're with might look like they are happy doing something, but inside they are not. They might not know what to say or how to tell you that they are uncomfortable. The best way to determine if someone is uncomfortable or unwilling in any situation, especially a sexual one, is to simply ask. Here are some examples of the questions you might ask:

 

  • Is there anything you don't want to do?
  • Are you comfortable?
  • Do you want to stop?
  • Do you want to go further?

However, if the person incapacitated (as described above) even if consent is verbalized, it is not consent!

 

Recognizing Non-Verbal Communication

 

There are many ways of communicating. The look on a person’s face or their body language are also a way of communicating. Often nonverbal communication has more meaning than the words that come out of their mouth.

 

Some examples of nonverbal communication that signal a person is uncomfortable with the situation are:

 

  • Not responding to your touch
  • Pushing you away
  • Holding their arms tightly around their bodies
  • Turning away from you or hiding their face
  • Stiffening muscles

Asking questions and being aware of body language helps you to determine if the person is consenting and feeling comfortable, or not consenting and feeling uncomfortable. If you get a negative or non-committal answer to any of the questions above, or if the person's body language resembles any of the above examples, you should stop what you are doing and talk to them about it.

 

Slowing Things Down      

 

Take your time. Making sure you are both comfortable and want the same thing, talk about how far you want to go. This will make the time you spend together more satisfying and enjoyable for you both. Things can move very quickly. Below are ways to say "slow down" if you feel that things are moving too quickly.

 

  • I don’t want to go any further than kissing, hugging, touching.
  • Let’s just stay like this for a while.
  • Let’s slow down.

 

Stopping

 

You always have the right to say no. You always have the right to change your mind at any time regardless of your past experience with the person or others. Below are some things you can say or do if you want so stop:

 

  • Say No
  • Say I want to stop
  • Say I need to go to the bathroom/toilet
  • In a situation where the other person isn't listening to you and you feel unsafe, say you are going feeling sick and might vomit.

 

Resources

Guidelines for SSC Employees


Contact The Title IX Office:

Leslie-Sewell.jpgLeslie Sewell
Title IX Coordinator
Phone: 405-382-9541
Email: l.sewell@sscok.edu