Sexual Harassment And/Or Assault

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Definition – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  • Submission to or rejection of such conduct is made explicitly or implicitly a term or the condition of instruction, employment, status or participation in any course, program or other College activity.
  • Submission to or rejection of such conduct is used as a basis for evaluation in making academic or personnel decisions affecting an individual; or if
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performances; creating an intimidating, hostile, and/or offensive environment.

EXAMPLES OF QUESTIONABLE CONDUCT

Verbal:

  • Unwelcome sexual flirtation, advances or proposition for sexual activity
  • Continued or repeated verbal abuse of a sexual nature.
  • Use of sexually offensive or degrading language used to describe a person or remarks of a sexual nature to describe a person’s body or clothing.
  • Stating, indicating and/or implying that benefits will be gained or lost based on response to sexual advances.

Non-Verbal:

  • Displaying sexually demeaning or offensive objects and pictures.
  • Staring at someone, blocking another’s path, or otherwise restricting his or her movements, e.g., invading a person’s personal body space.
  • Bringing material to work that expresses sexually offensive comments regarding male or female.
  • Making sexual gestures with hands or body movements.
  • Letters, gifts or materials of a sexual nature.

Physical:

  • Offensive physical contact.
  • Sexual assault; coerced sexual intercourse; rape; sexual battery or
  • Other sexual motivated conduct or contact.

Weatherford College will not tolerate nor condone any form of sexual misconduct, physical, mental or emotional in nature. This includes, but is not limited to, rape (including ‘date or acquaintance' rape), sexual assault or sexual harassment. In instances where there is reason to believe that these policies prohibiting sexual misconduct have been violated, administration will immediately pursue disciplinarily action.

For a complete listing of college policies relating to student welfare, please visit http://pol.tasb.org/Home/Index/981

SEXUAL HARASSMENT BY AN EMPLOYEE

Sexual harassment of a student by a College District employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

  1. A college district employee causes the student to believe that the student must submit to the conduct to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
  2. The conduct is so severe, persistent, or pervasive that it:
    1. Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or
    2. Creates an intimidating, threatening, hostile or abusive educational environment.

SEXUAL HARASSMENT BY OTHERS

Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it:

  1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment
  2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  3. Otherwise adversely affects the student’s educational opportunities.

STATE OF TEXAS CRIMINAL JUSTICE SYSTEM

The College and victim may also elect to pursue the concern through the State’s Criminal Justice system. If the College has reason to believe that sexual misconduct has occurred, sanctions may include warnings, probation, restrictions, suspension and finally expulsion. Sexual assault is defined as having sexual contact or sexual intercourse with another person without the consent of that person. Legal consent of a party is defined as positive cooperation due to an exercise of free will. Persons consenting must act freely, voluntarily, and have knowledge of the act or transaction involved. Consent will not be implied from silence or passivity nor a state of intoxication [alcohol or otherwise induced], or unconsciousness. Lack of consent is implied if the victim is incapable of giving consent. Lack of consent is implied if the threat of violence is used or due to an imbalance of power held by the perpetrator over the victim.

In the event of sexual assault, the victim is encouraged to report the crime to the Campus Police Department if the act occurred on campus or to the appropriate local authority if the crime occurred off campus. Victims should take care to preserve the evidence of a sexual assault which may be necessary evidence as proof of the alleged crime (i.e., do not take a shower).

Prosecution of the Perpetrator is a matter for the victim to consider in addition to reporting the crime. The information disclosed by the crime victim will be treated with total confidentiality. Students may also report the incident to the staff within the residence halls, a licensed student counselor located in Student Services, or other College staff who will in turn alert the Student Services Administration. Victims are also encouraged to report the crime directly to the Executive Dean of Student Services to pursue disciplinary action through the Student Code of Conduct system. Students may request that campus personnel assist them in the reporting of the crime of sexual assault. False reporting of a crime is a misdemeanor, and legal action will be taken by the College's administration.

NOTIFICATION OF SEXUAL MISCONDUCT

Reports of sexual harassment and/or assault shall be made as soon as possible after the alleged act or knowledge of the alleged act. Any student who believes that he or she has experienced prohibited conduct should immediately report the alleged acts to an instructor, counselor, administrator, or another college employee. The Executive Dean of Services or designee will investigate all allegations.

EDUCATIONAL MATERIALS – SEXUAL MISCONDUCT

Educational materials related to sexual misconduct will be disseminated to each incoming student during orientation, as well as students currently enrolled at WC. Orientation of all new students will include a component related to sexual assault and its prevention. Programming to promote the awareness and prevention of sexual misconduct will continue to be offered in the residence halls as well as other locations accessible to the greater student body. Self-defense seminars will be offered to the student body through the Campus Police.