第九条 & 性骚扰
什么是第九条/性骚扰
The Secretary of Education amends the regulations implementing 第九条 of the Education Amendments of 1972. The final regulations specify how recipients of Federal financial assistance covered by 第九条, which includes postsecondary institutions, (hereinafter collectively referred to as “recipients” or “schools”), must respond to allegations of sexual harassment consistent with 第九条’s prohibition against sex discrimination.
These regulations are intended to effectuate 第九条’s prohibition against sex discrimination by requiring recipients to address sexual harassment as a form of sex discrimination in education programs or activities.
The final regulations obligate recipients to respond promptly and supportively to persons alleged to be victimized by sexual harassment, resolve allegations of sexual harassment promptly and accurately under a predictable, fair grievance process that provides due process protections to alleged victims and alleged perpetrators of sexual harassment, and effectively implement remedies for victims.
The final regulations also clarify and modify 第九条 regulatory requirements regarding remedies the Department may impose on recipients for 第九条 violations, 《BG真人》的交叉点, 宪法保护, 以及其他法律, the designation by each recipient of a 第九条协调员 to address sex discrimination 包括 sexual harassment, the dissemination of a recipient’s non-discrimination policy and contact information for a 第九条协调员, the adoption by recipients of grievance procedures and a grievance process, how a recipient may claim a religious exemption, and prohibition of retaliation for exercise of rights under 第九条.
Issued May 19, 2020-effective August 14, 2020
资料来源:美国.S. 教育部
第九条/性骚扰 includes: 性侵犯, 家庭暴力, 约会暴力 and 跟踪
第九条协调员
第九条协调员 primary responsibility is coordinating the College’s efforts to comply with and carry out the responsibilities under 第九条, 在海因兹社区学院. 第九条协调员 is responsible for receiving and reviewing complaints of sex discrimination and sexual misconduct, as well as retaliation for the purpose of interfering with any rights or privileges secured by 第九条.
第九条协调员, designees included Lead 第九条副协调员 and 第九条副协调员s on each campus.
海因兹社区学院 is committed to providing an educational environment free of sexual discrimination and sexual harassment.
不当性行为术语
An individual who is alleged to be the victim of conduct that could constitute sexual harassment.
被调查者
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
The 第九条 official who receive the formal complaint.
A document filed by a complainant or signed by the 第九条协调员, alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment.
Are non-punitive individualized services offered as appropriate, 是合理可行的, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.
顾问
Is a person selected by the complainant or respondent to advise the them during the grievance process along with the live hearing.
A person (s) who witness alleged violation(s) and can provide facts.
The standard of proof the College uses to investigate reports of sexual misconduct. Preponderance of the evidence means, “more likely than not.” Where a person is alleged to have committed a particular act of sexual misconduct, the allegation is established by a preponderance of evidence when the evidence is such that is more likely than not true that the person committed the act.
性骚扰 is defined as conduct on the basis of sex that satisfies one or more of the following:
性侵犯 is any attempted or actual sexual act directed against another person 未经受害者同意, 包括 instances where the victim is incapable of giving consent.
Any attempted or actual sexual act directed against another person, 未经受害者同意, 包括 instances where the victim is incapable of giving consent.
强奸 是穿透, 无论多么微不足道, 阴道或肛门的, 任何身体部位或物体, or oral penetration by a sex organ of another person, 没有得到受害者的同意. This offense includes the rape of both males and females.
- Fondling is the touch8ing of the private parts of another person for the purpose of sexual gratification, 没有得到受害者的同意, 包括 instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory 强奸 is sexual intercourse with a person who is under the statuary age of consent.
- 同意 is a voluntary agreement to engage in sexual activity.
- 同意 cannot be given by someone who is incapacitated.
- Past consent does not imply current or future consent.
- Silence or absence of resistance does not imply consent.
- 同意 to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person.
- 同意可以在任何时候撤销.
- Coercion, force, or threat of either invalidates consent.
- An individual under the age of 17 cannot give consent.
A physically helpless person is considered to be one who is asleep, unconscious or for any other reason unable to communicate unwillingness to engage in any act. A mentally incapacitated person may be one who is under the influence of alcohol or a drug or who is mentally incapable of understanding the implications and consequences of any act.
A hostile environment is created when a person in authority requests sex in exchange for favors and through the presence of demeaning or sexual photographs, jokes or threats that create an intimidating offensive environment.
Dating violence is defined as violence committed by a person who is currently in or has been in a social relationship or a romantic or intimate relationship with the victim.
- The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, 关系的类型, and the frequency of interaction between the persons involved in the relationship.
- 为了这个定义的目的, 约会暴力包括, 但不限于, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
家庭暴力 is defined as a felony or misdemeanor crime of violence committed by:
- a current or former spouse or intimate partner of the victim;
- a person with whom the victim shares a child in common;
- a person who is co-habiting with, or has cohabited with, the victim as a spouse or intimate partner;
- a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
- any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
跟踪 is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or to cause that person to suffer substantial emotional distress.
为了这个定义的目的: Course of conduct means two or more acts, 包括, 但不限于, 行为中跟踪者直接, 间接, 或者通过第三方, 通过任何行动, 方法, 设备, 或者意味着, 遵循, 监控, 观察, 监视, 威胁, 或与人交流或关于人交流, 或干涉他人的财产.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, 但不一定, require medical or other professional treatment or counseling.
Sexual exploitation is defined as occurring when an individual takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit or to take advantage of anyone other than the one being exploited, and such behavior does not otherwise constitute one of the other sexual misconduct offenses.
Sexual intimidation is defined as an implied or actual threat to commit a sex act against another person, or behavior used to coerce participation in a sex act.
提交投诉
杰克逊ATC
第九条副协调员
护理学校
第九条副协调员
兰金校园
雷蒙德校园
邮政信箱1100雷蒙德,MS 39154
罗德里克琼斯
第九条副协调员
尤蒂卡校园
第九条副协调员
Jarius史密斯
第九条副协调员
第九条副协调员
维克斯堡-Warren校园
Disability Support Services Coordinator, 第九条副协调员
第九条协调员 or Lead 第九条副协调员 will receive and review all complaints, 监督申诉过程, collaborate with the 第九条副协调员, 以及教育法第九条调查小组.
体育公平
请浏览 Office of Postsecondary Education’s EADA site to view historical data for 海因兹社区学院.
资源
联系
邮政信箱1100雷蒙德,MS 39154