Dec 05, 2020  
2020-2021 Catalog 
  
2020-2021 Catalog

Policy on Sexual Violence, Domestic Violence, Dating Violence, and Stalking


 

  1.  Notice of Nondiscrimination.

As a recipient of federal funds, Patrick Henry Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Under certain circumstances, sexual misconduct, sexual harassment, sexual assault and similar conduct may constitute sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The College’s Title IX Coordinator is John I. (Jack) Hanbury, Vice President for Financial & Administrative Services. His office is located at West Hall, Room158. He may be contacted by phone at 276-656-0205 or by email at jhanbury@patrickhenry.edu. The college’s Deputy Title IX Coordinator is Belinda Stockton, Director of Human Resources. Her office is located at West 148. She may be contacted by phone at 276-656-0214 or by email at bstockton@patrickhenry.edu.

  1. Policy.

Patrick Henry Community College is committed to providing an environment that is free from harassment and discrimination based on any status protected by law. This policy supplements the general policy statement set forth by the Virginia Community College System: This institution promotes and maintains educational opportunities without regard to race, color, sex, ethnicity, religion, gender, age (except when age is a bona fide occupational qualification), disability, national origin, or other non-merit factors. This policy also addresses the requirements under the Violence Against Women Reauthorization Act of 2013, (also known as the Campus SaVE Act).

This policy is not intended to substitute or supersede related criminal or civil law. Individuals should report incidents of sexual and domestic violence, dating violence, and stalking to law enforcement authorities. Criminal and civil remedies are available in addition to the potential remedies that the college may provide.

  1. Purpose.

The purpose of this policy is to establish that the college prohibits discrimination, harassment, sexual assault, domestic violence, dating violence, stalking, and retaliation and to set forth procedures by which such allegations shall be filed, investigated and resolved.

  1. Applicability.

This Policy applies to all campus community members, including students, faculty, staff and third parties, e.g., contractors and visitors. Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this policy, e.g. if off-campus harassment has continuing effects that create a hostile environment on campus or if the off-campus conduct occurs at a college sponsored function.

  1. Definitions.

Sex Discrimination: Sex discrimination is the unlawful treatment of another based on the individual’s sex that excludes an individual from participation in, denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual’s employment, education, or participation in college program or activity.

Sexual Assault: Sexual assault is defined as the intentional sexual contact with a person against that person’s will by the use of force, threat, or intimidation, or through the use of a person’s mental incapacity or physical helplessness. Sexual assault includes intentionally touching, either directly or through clothing, of the victim’s genitals, breasts, thighs, or buttocks without the person’s consent, as well as forcing someone to touch or fondle another against his or her will. Sexual battery is a type of sexual assault.

Sexual Harassment: The law defines sexual harassment as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

  1. submission to such conduct is made a term or condition of education or employment; or
  2. submission to or rejection of such conduct is used as basis for educational or employment decisions affecting the individual; or
  3. such conduct has the purpose or effect of unreasonably interfering with a student’s or an employee’s work performance or creating an intimidating, hostile or offensive working environment.

Generally, two categories of sexual harassment exist:

Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly; or
Hostile Environment: Conduct so severe or pervasive and objectively offensive that it undermines and detracts from an employee’s work performance or a student’s educational experience.

Sexual Misconduct: Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another. Sexual misconduct includes sexual harassment, sexual assault, sexual exploitation, and sexual violence.

Sexual Violence: Sexual violence is any intentional physical sexual abuse committed against a person’s will. Sexual violence includes rape, sexual assault, and sexual battery.

Stalking: Stalking occurs when someone, on more than one occasion, engages in conduct directed at another person with the intent to place, or knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member.

  1. Reporting Incidents.

Members of the campus community who believe they have been subjected to any of these actions should immediately report the incident to the College Title IX Coordinator, a responsible employee or to campus or local police. All emergencies or any incident where someone is in imminent danger should be reported immediately to campus police/security or local police by dialing 911.

Patrick Henry Community College Title IX Campus Resources
Title IX Coordinator - John I. (Jack) Hanbury
West Hall, Room 158
276-656-0205
jhanbury@patrickhenry.edu

Deputy Title IX Coordinator - Belinda Stockton
West Hall, Room  148
276-656-0214
bstockton@patrickhenry.edu

Chief of Police - Gary Dove
West Hall, Room  105
276-656-5494
gdove@patrickhenry.edu

After normal business hours, members of the campus community should report alleged violations of this policy to Gary Dove, Chief of Police, at 276-806-9840.

  1. Education and Awareness.

The college conducts a program to educate students and employees about this Policy and its procedures. The education and awareness program is designed to promote awareness of sexual violence, domestic violence, dating violence, and stalking. The college also conducts an ongoing prevention and awareness campaign for all students and employees.

The complete details of this policy and educational and awareness materials for students can be located on the college website at http://www.patrickhenry.edu/ or by contacting the Title IX Coordinator or Deputy Title IX Coordinator.

Campus Sex Crimes Prevention Act

In conjunction with the Campus Sex Crimes Prevention Act, Section 1601 of Public Law 106-386 (HR 3244), the Commonwealth of Virginia enacted a sex offender registration act authorizing the Virginia State Police to release sex offender information to the public (Virginia Code 19.2.390.1). A list of registered sex offenders, which is searchable by zip code, is provided at the web address: https://sex-offender.vsp.virginia.gov/sor/zipSearch.html