AR 3433: Prohibition of Sex Harassment Discrimination under Title IX

Introduction

Mt. Hood Community College is committed to providing an academic and work environment free of unlawful sex discrimination, including sex-based harassment under Title IX. This regulation defines sex discrimination and sex-based harassment. 

This regulation and the related policy protects students, employees, applicants for admission or employment, and other individuals participating or attempting to participate in Mt. Hood Community College’s education program or activity.   

For additional information on procedures related to Title IX complaints, please see the procedures on the webpage: https://www.mhcc.edu/about/title-ix-equity-inclusion/title-ix. 

Definitions

Sex Discrimination: Any discrimination based on sex, including, but not limited to sex-based harassment. Sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.  

Sex-based harassment under Title IX: A form of sex discrimination that includes sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity. Sex-based harassment includes the following: 

  • Quid pro quo harassment. A Mt. Hood Community College employee, agent, or other person authorized by Mt. Hood Community College to provide an aid, benefit, or service under Mt. Hood Community College’s education program or activity explicitly or impliedly condition the provision of such an aid, benefit or service on a person’s participation in unwelcome sexual conduct. 
  • Hostile environment harassment. Unwelcome sex-based conduct that, based on a totality of the circumstances, is subjectively and objectively offensive and is so severe or, pervasive, that it denies a person's ability to participate in or benefit from college’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:; 
  • The degree to which the conduct affected the complainant’s ability to access the college’s education program or activity; 
    • The type, frequency, and duration of the conduct; 
    • The parties’ ages, roles within the college’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; 
    • The location of the conduct and the context in which the conduct occurred; and 
    • Other sex-based harassment in the college’s education program or activity. 
  • Sexual assault, including the following:
    • Sex Offenses. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
    • Rape (except Statutory Rape). The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim,
    • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.  
    • Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
    • Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
      • Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Dating violence. Violence against 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 a relationship will be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    • Domestic Violence. Violence committed:
      • By a current or former spouse or intimate partner 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 or intimate partner;
      • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of Oregon; or
      • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of Oregon.
    • Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

See AR 3435 for information regarding complaints and investigations.

Approved: 6/23/20

Revised: 8/29/23, 6/4/24, 9/17/24

References:

Title IX Education Amendments of 1972; 20 U.S. Code Sections 1681 et seq.;

Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e

34 Code of Federal Regulations Parts 106