Sexual Misconduct Policy - 650.00

Johnson County Community College

Series 600:  Safety & Security
Section 650.00:  Sexual Misconduct Policy

Cross References:  

Student Sexual Misconduct Complaint Procedures – 650.01
Student Code of Conduct – Policy 319.01
Student Discrimination, Harassment or Retaliation Complaint – Policy 319.05 & Operating Procedure 319.05
Student Disciplinary Action – Operating Procedure 319.02
Student Appeal of Disciplinary Action – Policy 319.03 & Operating Procedure 319.03
Student Complaints – Policy 319.04 & Operating Procedure 319.04
Discrimination, Harassment or Retaliation Complaint – Operating Procedure 420.01
Non-Discrimination - Policy 411.01
Dating Policy – 423.02

Applicability: This Policy applies to all Johnson County Community College (JCCC or “College”) students and employees.

Definitions:

“Sexual Misconduct” is a broad term encompassing non-consensual or unwelcome sexual advances, requests for sexual favors and any other verbal or physical conduct of a sexual or gender-based nature, whether intentional or unintentional, where:

  • an individual’s submission to or rejection of the conduct is made, either explicitly or implicitly, a term or condition of employment or of status in a course, program or activity, or is used as a basis for an employment or academic decision; or
  • the conduct is sufficiently severe, persistent or pervasive such that it has the purpose or effect of unreasonably interfering with an individual’s work performance, academic performance or educational experience, or of creating an intimidating, hostile, humiliating or offensive working or educational environment.

For purposes of this Policy, Sexual Misconduct includes, but is not limited to, rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking.

“Rape” is a sexual act directed against another person forcibly and/or against a person’s will, or where the victim is incapable of giving consent. Acquaintance rape is rape performed by someone the victim knows (i.e. friend, date, etc.).

“Dating Violence” means violence committed by a person:

  • who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship.

“Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse, or by any family or household member as defined by Kansas law (K.S.A. 21-5414) against an adult or youth victim who is protected from that person’s acts under state and federal law.

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

“Consent” is a willingness or agreement to engage in conduct. Consent must be freely given with full information of the facts and circumstances. A person cannot give valid consent in Kansas if he/she is:

  • Overcome by force or fear;
  • Unconscious or powerless;
  • Mentally incapacitated, whether due to a mental disease or alcohol/drug intoxication;
  • Under the minimum age required to give consent in Kansas (K.S.A. 21-5503); or
  • Providing apparent consent due to fraud or misrepresentation.

Statement: JCCC is committed to maintaining a positive and safe learning and working environment.  JCCC students and employees are responsible for assuring that JCCC maintains an environment for study and work free from Sexual Misconduct or related retaliation and all members of the JCCC community are expected to conduct themselves in a manner that does not infringe upon the rights of others.  JCCC prohibits Sexual Misconduct, specifically including rape, acquaintance rape, sexual assault, dating violence, domestic violence and stalking, and related retaliation of any nature against or by any student or employee. 

Sexual Misconduct violates the dignity of individuals, impedes the realization of JCCC’s educational goals, is unlawful and will not be tolerated.  Specifically, Sexual Misconduct is a form of illegal discrimination in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and The Kansas Act Against Discrimination and could lead to criminal prosecution. 

Complaints:  If you have any questions or concerns about Sexual Misconduct, or if you wish to file a complaint of Sexual Misconduct, students are strongly encouraged to immediately contact the appropriate person(s) listed in the Student Sexual Misconduct Complaint Procedures – 650.01, and employees are strongly encouraged to immediately contact the appropriate person(s) listed in the Discrimination, Harassment or Retaliation Complaint – Procedure 420.01.  In an emergency, you may also contact the JCCC Police Department at (913) 469-8500, ext. 4111, or, if you are off campus call 911 for immediate assistance.

JCCC is committed to fostering a community that promotes prompt reporting of all types of Sexual Misconduct and timely and fair resolution of Sexual Misconduct complaints.  It is a violation of this Policy for anyone acting knowingly and recklessly either to make a false complaint or to provide false information regarding a complaint of Sexual Misconduct. 

Sexual Misconduct Complaints Against a Student should be made verbally or in writing as set forth in the Student Sexual Misconduct Complaint Procedures – 650.01

Sexual Misconduct Complaints Against an Employee should be made verbally or in writing as set forth in the Discrimination, Harassment or Retaliation Complaint – Procedure 420.01.

Every reasonable effort will be made to protect the confidentiality of the parties during an Investigation.  After an Investigation, any person who is found to have violated this Policy or retaliated against another will be subject to discipline, up to and including expulsion from JCCC and/or termination of employment, to help ensure that such actions are not repeated.

Duty to Report: 

All supervisory employees of the College holding a designated supervisory position (as determined by the listing maintained in Human Resources for Supervisor Evaluation purposes) and others as specifically designated by the College shall have a duty to report to one of JCCC’s Title IX Coordinators any suspected Sexual Misconduct involving a student of which they become aware.  All other employees with direct knowledge of such conduct are encouraged to report knowledge of any suspected Sexual Misconduct involving a student.

Adopted: December 13, 2012

Revised: 2/20/2014