Sexual Violence

Mt Hood Community College’s Policy on Sexual Violence

The College is committed to creating and maintaining a community where all individuals who participate in College programs and activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation. The College prohibits sexual violence, and such behavior violates both law and College policy.

Anyone who commits a sexual violence faces disciplinary sanctions and criminal charges. Students responsible for a sexual violence also are subject to administrative sanctions imposed by the Executive Dean of Student Development, including expulsion from the college.

College policies, procedures and student code of conduct related to sexual assaults and sexual harassment can be accessed on the college’s website:

Inappropriate student behavior is addressed in the "Student Code of Conduct" located on MHCC’s website: http://www.mhcc.edu/StudentServices.aspx?id=440 . It is also addressed in the college catalog available in the Admissions, Records and Registration office; Student Union and the office of the Executive Dean of Student Development.

Definitions

Domestic Violence is defined as 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 of the victim under the domestic or family violence laws of the jurisdiction … or by 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 that jurisdiction.

Dating Violence is defined as violence committed by a person –

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    1. The length of the relationship
    2. The type of relationship
    3. The frequency of interaction between the persons involved in the relationship

Sexual Assault is defined as actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to:

  1. Intentional touching of another person’s intimate parts without that person’s consent; or
  2. Other intentional sexual contact with another person without that person’s consent; or
  3. Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent; or
  4. Rape, which is penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent.

Consent

Must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption that meets this standard, or being asleep or unconscious.

Bystander Intervention

Often people do not intervene if another person is in need of help because they may assume the situation is not a problem, or feel it is none of their business. They may assume that someone else will do something, or believe that other people were not bothered by the problem. In some cases, a person might feel their personal safety would be at risk if they were to intervene. When people do intervene in a situation, they often say that it was the right thing to do, and that they would want someone to intervene if the roles were reversed.

Taking the time to safely intervene can make a significant difference in someone’s life. It also helps send a powerful message to the perpetrator and society about what social norms are acceptable and unacceptable.

The goal is to safely stop bad behavior before it crosses the line.

Suggestions of ways to intervene

  • Indirectly by distracting the aggressor
  • Speak to the aggressor directly
  • Seek others to engage
  • Suddenly turn on the lights at a party
  • Turn off the music
  • Text your friend to check in and see if they’re ok with the situation
  • Have a conversation beforehand, agreeing upon secret “cues” that will let your friend know that it’s time to go
  • Use humor. In some situations humor, can be a really useful tool to defuse a situation because it can be perceived by the aggressor as less threatening than direct confrontation
  • Call 911

Take personal safety into consideration when intervening.

YouTube video on what it means to be an engaged bystander http://www.youtube.com/watch?v=1ycYPmzisfk

Reporting Sexual Violence

Call 911 to report if you or someone else is in immediate danger. Reports of sexual assault, domestic violence or dating violence should be brought forward as soon as possible after the alleged conduct occurs. Prompt reporting will better enable the College and/or law enforcement to respond to the report, determine the issues, and provide an appropriate remedy and/or action. All incidents should be reported even if a significant amount of time has passed. However, delaying a report may impede the College’s and law enforcement's ability to conduct an investigation and take appropriate remedial actions. Incidents may be reported to the MHCC Public Safety Department at 503-491-7310 or Title IX Coordinator at 503-491-7530 or the local police department at 503-823-3333. If assistance is needed in notifying authorities, College personnel will assist with the process. Notify MHCC Public Safety Department or Title IX Coordinator if local law enforcement is notified.

Response to Reports of Sexual Violence

When the College is aware of an incident of sexual assault, domestic violence or dating violence it is required to investigate the concern, stop the inappropriate behavior, remedy the effects of inappropriate behavior, and take steps reasonably calculated to stop future inappropriate behavior. When sexual harassment, sexual assault, domestic violence, dating violence or stalking is committed, the first concern is the safety and wellbeing of the survivor. The College proceeds in a manner that is sensitive to the needs and impact on a survivor while also ensuring the ongoing safety of the community. The College will apply a preponderance of evidence standard to determine whether there has been a violation.

Rights and Options

Students and employees that have been a victim of domestic violence, dating violence or sexual assault, whether the offense occurred on- or off-campus or in connection with any College program, has the following rights and options:

  1. Options for reporting to law enforcement and campus authorities, including the option to notify on-campus public safety or local law enforcement authorities; the right to be assisted by campus authorities in notifying law enforcement authorities if the complainant so chooses and the right to decline to notify such authorities;

  2. The right to request a restraining order, or similar lawful orders issued by criminal or civil courts.

  3. Options to request reasonably available assistance to change academic and working situations, regardless of whether one chooses to report the crime to campus public safety or local law enforcement;

  4. Option to request applicable procedures of institutional disciplinary action.

Evidence

It is importance to preserve evidence that may be necessary to prove criminal domestic violence, dating violence or sexual assault, or to obtain a protection order.

College and Community Resources

  • MHCC Career Planning and Counseling Center (AC 1152) (503) 491-7432
  • MHCC Public Safety Department (AC 2330) (503) 491-7310
  • MHCC Title IX Coordinator (AC 2272) (503) 491-7530
  • Executive Dean – Student Development (AC 1152) (503) 491-7317
  • Sexual Assault Resource Center (503) 640-5311
  • Portland Women’s Crisis Line (503) 235-5333
  • Legacy Mt Hood Center (503) 674-1122
  • Adventist Medical Center (503) 257-2500
  • Providence Portland Medical Center (503) 215-1111
  • Portland Women’s Crisis Line 1-888-235-5333
  • Oregon Crime Victims Assistance 1-800-503-7983
  • National Domestic Violence hotline 1-800-787-3224
  • National Resource Center on Domestic Violence 1-800-503-7983
  • Domestic Abuse Intervention Services (503) 988-6400
  • Stalking/Restraining Order, Multnomah County (503)-988-3022
  • Legal Assistance

Retaliation

The college prohibits retaliation against a person, who reports sexual harassment or sexual violence or assists someone with a report of sexual harassment or sexual violence, or participates in any manner in an investigation or resolution of a sexual harassment or sexual violence report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.

Privacy

The College will protect the privacy of individuals involved in a report of sexual harassment or sexual violence to the extent permitted by law and College Policy. A report of sexual harassment or sexual violence may result in the gathering of extremely sensitive information about individuals in the College community. While such information is considered confidential, College policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual harassment or sexual violence. In such cases, every effort shall be made to redact the records in order to protect the privacy of individuals. An individual who has made a report of sexual harassment or sexual violence may be advised of sanctions imposed against the accused when the individual needs to be aware of the sanction in order for it to be fully effective. In addition, when the offense involves a crime of violence or a non-forcible sex offense, the Family Educational Rights and Privacy Act permits disclosure to the complainant the final results of a disciplinary proceeding against the alleged accused, regardless of whether the College concluded that a violation was committed. Information regarding disciplinary action taken against the accused shall not be disclosed without the accused’s consent, unless permitted by law as noted above, or unless it is necessary to ensure compliance with the action or the safety of individuals.

Confidentiality of Reports of Sexual Violence

An individual’s requests regarding the confidentiality of reports of sexual violence will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the College’s legal obligation to ensure a working and learning environment free from sexual harassment and sexual violence and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the College will comply with requests for confidentiality to the extent possible.

Click here for a PDF copy of MHCC's Sexual Assault Brochures

© 2014 Mt. Hood Community College | 26000 SE Stark St. | Gresham, OR 97030 | 503-491-6422
 Last Modified: 12/9/2014 03:40:24 PM