Title IX

Title IX - Definitions

Offenses prohibited under the College’s policy include, but are not limited to: sexual harassment; sex discrimination (including sexual orientation discrimination and gender identity or gender expression discrimination); non‐consensual sexual intercourse (or attempts to commit same); non‐consensual sexual contact (or attempts to commit same); sexual coercion; domestic/dating violence; stalking; and sexual exploitation (or attempts to commit same).

(1) Sex Discrimination:

  • (A) Includes sexual harassment and is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education, or institutional benefits, on account of sex or gender (including sexual orientation, gender identity and gender expression discrimination). It may include acts of verbal, nonverbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
  • (B) Pregnancy Discrimination: 
    • (i) The College prohibits discrimination on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom. Discrimination of the basis of pregnancy should bereported in accordance with this policy. Employees, students and visitors with questions regarding accommodations during pregnancy are encouraged to contact the Office of Human Resources, 6420 S.E. 15th Street, Midwest City, OK 73110, ADM Room 104, (405) 733-7979. For complaints arising under this policy, please report to the Senior Director, Human Resources/AAO.

(2) Sexual Harassment:

  • (A) Sexual harassment is a form of sex discrimination. Sexual harassment is unwelcome and discriminatory speech or conduct undertaken because of an individual’s gender or is sexual in nature and is so severe, pervasive or persistent, objectively and subjectively offensive that it has the systematic effect of unreasonably interfering with or depriving an individual of educational, institutional or employment access, benefits, activities or opportunities. Students, employees and visitors who are subject to or who witnesses unwelcome conduct of a sexual nature are encouraged to report the incident(s) to the Senior Director, Human Resources/AAO.   
    • (i) Hostile Environment Sexual Harassment includes conduct that is sufficiently severe, pervasive orpersistent, objectively and subjectively offensive that it alters the conditions of education oremployment or institutional benefits of a reasonable person with the same characteristics of the victim of theharassing conduct. Whether conduct is harassing is based upon examining a totality of circumstances, includingbut not limited to:
      • (a) The frequency of the conduct;
      • (b) The nature and severity of the conduct;
      • (c) Whether the conduct was physically threatening;
      • (d) Whether the conduct was deliberate, repeated humiliation based upon sex;
      • (e) The effect of the conduct on the alleged victim’s mental or emotional state from the perspectiveof a reasonable person;
      • (f) Whether the conduct was directed at more than one person;
      • (g) Whether the conduct arose in the context of other discriminatory conduct;
      • (h) Continued or repeated verbal abuse of a sexual nature, such as gratuitous suggestive commentsand sexually explicit jokes; and
    • (i) Whether the speech or conduct deserves constitutional protections.
    • (ii) Quid Pro Quo Sexual Harassment exists when individuals in positions of authority over the complainant:  (a) Make unwelcome sexual advances, requests for sexual favors or other verbal or physical conductof a sexual nature; and  (b) Indicate, explicitly or implicitly, that failure to submit to or the rejection of such conduct willresult in adverse educational or employment action or where participation in an educationalprogram or institutional activity or benefit is conditioned upon the victim’s submission to suchactivity.
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  • (B) For the purpose of this policy, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment if:
    • (i) Submission to the conduct is made either an explicit or implicit condition of employment oracademic instruction/standing;
    • (ii) Submission to or rejection of the conduct is used as a basis for employment or academicdecisions affecting the harassed employee or student;
    • (iii) The conduct, either by intent or by effect, creates an intimidating, hostile or offensive work orlearning environment; or
    • (iv) Submission to or rejection of the conduct is used as a basis for providing the College’s servicesor participation in the College’s programs.
  • (C) Sexual harassment can occur in a variety of circumstances, including but not limited to: 
    • (i) The individual who is sexually harassed, as well as the harasser, may be female or male and doesnot have to be of the opposite sex from the harasser;
    • (ii) The harasser can be the supervisor or the individual who is sexually harassed, an agent of theemployer, a supervisor in another area, a coworker, a subordinate, a professor or a non-employee;
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    • (iii) The individual who is sexually harassed does not have to be the specific person to whom theharasser directs the conduct which constitutes sexual harassment but must be a person who wasdirectly affected by the offensive conduct of the harasser; and
    • (iv) Unlawful sexual harassment may occur without economic injury to or discharge of theindividual who is sexually harassed.        

(3)Sexual Violence:

     
  • (A) Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of acts fall into the category of sexual violence, which includes, but is not limited to: rape, sexual assault, sexual battery, sexual misconduct and sexual coercion.
    • (i) Non-Consensual Sexual Intercourse is defined as any sexual intercourse or penetration of the anal, oral, vaginal or genital opening of the victim, including sexual intercourse or penetration byany part of a person’s body or by the use of an object, however slight, by one person to another without consent or against the victim’s will. This definition includes rape and sexual assault, sexualmisconduct and sexual violence.
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    • (ii) Non-Consensual Sexual Contact is any intentional touching, however slight, whether clothed orunclothed, of the victim’s intimate body parts (primarily genital area, groin, inner thigh, buttock orbreast) with any object or body part, without consent and/or by force. It also includes the touchingof any part of a victim’s body using the perpetrator’s genitalia and/or forcing the victim to touch theintimate areas of the perpetrator or any contact in a sexual manner even if not involving contact ofor by breasts, buttocks, groin, genitals, mouth or other orifice. This definition includes sexual battery and sexual misconduct.
    • (iii) Sexual Coercion is the act of using pressure (including physical pressure, verbal pressure or emotional pressure), alcohol, medications, drugs, or force to have sexual contact against someone’swill or with someone who has already refused. This includes rape, sexual assault, sexual exploitation and sexual misconduct.

(4)Sexual Exploitation:

     
  • (A) Occurs when a person takes non-consensual, unjust or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior may not otherwise constitute one of the other sexual misconduct offenses.     
    • (i) Examples of sexual exploitation include, but are not limited to: 
          
      • (a) Non-consensual video or audio-taping of any form of sexual activity;
      • (b) Going beyond the boundaries of consent (such as letting a person or people hide in the closet to watch an individual have consensual sex without their partner’s knowledge or consent);
      • (c) Sexually-based stalking or bullying;
      • (d) Engaging in non-consensual voyeurism, such as observing sexual acts or body parts of another from a secret vantage point;
      • (e) Knowingly transmitting a sexually transmitted disease or illness to another;
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      • (f) Exposing one’s genitals in a non-consensual circumstance or inducing another to expose his or her genitals;
      • (g) Prostituting another person; and
      • (h) Other forms of invasion of sexual privacy.
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(5)Domestic and Dating Violence:

     
  • (A) Dating violence is violence between individuals in the following circumstances: 
    • (i) The party is or has been in a social relationship of a romantic or intimate nature with the victim; and
    • (ii) The existence of such a relationship shall be determined based on a consideration of the following factors:  (a) Length of the relationship;  (b) Type of relationship;  (c) Frequency of interaction between the persons involved in the relationship.
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  • (B) Domestic Violence under College policy means violence committed by a: 
    • (i) Current or former spouse of the victim;
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    • (ii) A person with whom the victim shares a child in common;
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    • (iii) A person who is cohabitating with or has cohabitated with the victim as a spouse;
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    • (iv) A person similarly situated to a spouse of the victim under Oklahoma domestic or family violence laws;
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    • (v) Any other person against an adult or youth victim who is protected from that person’s acts under Oklahoma domestic or family violence laws.
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  • (C) For purposes of this section, "prior pattern of physical abuse" means three (3) or more separate incidences, including the current incident, occurring on different days, where all incidences occurred within the previous twelve (12) month period, and each incident relates to an act constituting assault and battery or domestic abuse committed by the defendant against a current or former spouse, a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, a person living in the same household as the defendant, a current intimate partner or former intimate partner, or any combination of such persons, where proof of each incident prior to the present incident is established by the sworn testimony of a third party who was a witness to the alleged physical abuse or by other admissible direct evidence that is independent of the testimony of the victim (Oklahoma Penal Code, § 21-644, www.oscn.net ).      

(6) Sexual Assault:

  • (A) Assault as applied to an act when committed in a sexual context, in furtherance of sexual demands or based on sex stereotyping is defined in Oklahoma Penal Code as any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another (Oklahoma Penal Code, § 21-641, www.oscn.net ).
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  • (B) Battery as applied to an act when committed in a sexual context, in furtherance of sexual demands or based on sex stereotyping is defined in Oklahoma Penal Code as any willful and unlawful use of force or violence upon the person of another (Oklahoma Penal Code, § 21-642, www.oscn.net ).
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  • (C) Aggravated Assault and Battery as applied to an act when committed in a sexual context, in furtherance of sexual demands or based on sex stereotyping is defined in Oklahoma Penal Code as: 
    • (i) An assault and battery becomes aggravated when committed under ` any of the following circumstances:
      • (a) When great bodily injury is inflicted upon the person assaulted; or
      • (b) When committed by a person of robust health or strength upon one who is aged, decrepit or incapacitated, as defined in Section 641 of Title 21 (Oklahoma Penal Code, § 21-641, www.oscn.net ).
    • (ii) For purposes of this section "great bodily injury" means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty or substantial risk of death (Oklahoma Penal Code, § 21-646, www.oscn.net ).
                   
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(7) Stalking:  

      
  •    (A) Any person who willfully, maliciously and repeatedly follows or harasses another person in a manner that:
    • (i) Would cause a reasonable person or a member of the immediate family of that person as defined in subsection D of this section to feel frightened, intimidated, threatened, harassed or molested; and
    • (ii) Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested.
  • (B) Any person who violates the provisions of subsection A of this section when: 
    • (i) There is a permanent or temporary restraining order, a protective order, an emergency ex parte protective order or an injunction in effect prohibiting the behavior described in subsection A of this section against the same party, when the person violating the provisions of subsection A of this section has actual notice of the issuance of such order or injunction; or
    • (ii) Said person is on probation or parole, a condition of which prohibits the behavior described in subsection A of this section against the same party or under the conditions of a community or alternative punishment; or
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    • (iii) Said person, within ten (10) years preceding the violation of subsection A of this section, completed the execution of sentence for a conviction of a crime involving the use or threat of violence against the same party, or against any member of the immediate family of such party.
  • (C) Evidence that the individual continued to engage in a course of conduct involving repeated unconsented contact, as defined in subsection D of this section, with the victim after having been requested by the victim to discontinue the same or any other form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
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  • (D) For purposes of this section: 
    • (i) "Harasses" means a pattern or course of conduct directed toward another individual that includes,   but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable   person to suffer emotional distress and that actually causes emotional distress to the victim.   Harassment shall include harassing or obscene phone calls as prohibited by Section 1172 of Title 21   (Oklahoma Penal Code, § 21-1173, www.oscn.net ) and conduct prohibited by Section 850 of Title   21 (Oklahoma Penal Code, § 21-1173, www.oscn.net ). Harassment does not include constitutionally   protected activity or conduct that serves a legitimate purpose;
    • (ii) "Course of conduct" means a pattern of conduct composed of a series of two (2) or more   separate acts over a period of time, however short, evidencing a continuity of purpose.   Constitutionally protected activity is not included within the meaning of "course of conduct";
    • (iii) "Emotional distress" means significant mental suffering or distress that may, but does not   necessarily require, medical or other professional treatment or counseling;
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    • (iv) "Unconsented contact" means any contact with another individual that is initiated or continued   without the consent of the individual, or in disregard of that individual's expressed desire that the   contact be avoided or discontinued. Constitutionally protected activity is not included within the   meaning of “unconsented contact.” Unconsented contact includes, but is not limited to:
      • (a) Following or appearing within the sight of that individual;
      • (b) Approaching or confronting that individual in a public place or on private property;
      • (c) Appearing at the workplace or residence of that individual;
      • (d) Entering onto or remaining on property owned, leased or occupied by that person;
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      • (e) Contacting that individual by telephone;
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      • (f) Sending mail or electronic communications to that individual and
      • (g) Placing an object on, or delivering an object to, property owned, leased or occupied   by that individual.
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    • (v) "Member of the immediate family,” for the purposes of this section, means any spouse,   parent, child, person related within the third degree of consanguinity or affinity or any other   person who regularly resides in the household or who regularly resided in the household   within the prior six (6) months (Oklahoma Penal Code, § 21-1173, www.oscn.net ).
     
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(8) Other Misconduct:

  • (A) Other forms of misconduct based on one’s gender also constitute violations of this policy including, but not  limited to: threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or  endangers the health or safety of any person;
  • (B) Discrimination, defined as actions that deprive other members of the community of educational or employment  access, benefits or opportunities on the basis of gender;
  • (C) Harassment, defined as unwelcome and discriminatory speech or conduct undertaken because of an  individual’s gender or that is sexual in nature that has the systematic effect of unreasonably interfering with or  depriving someone of educational, institutional or employment access, benefits, activities or opportunities;
  • (D) Gender-based intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in  another;
  • (E) Gender-based hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any  person within the Campus community, when related to the admission, initiation, pledging, joining or other group- affiliation activity;
  • (F) Gender-based bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or  intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct  otherwise protected by the First Amendment);
  • (G) Violence, including assault, battery or other physical abuse between those in an intimate or dating or romantic  relationship with each other;
  • (H) Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the  peace and/or safety of a member of the community or the safety of any of the immediate family members of the  community.

(9) Consent:

  • (A) Consent is the act of willingly agreeing to engage in sexual contact or conduct. Individuals who consent to sex must be able to understand what behavior they are providing consent. Under this policy, “No” always means “No,” and the absence of “No” may not mean “Yes.”
    • (i) Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.
    • (ii) Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.
    • (iii) Previous relationships or consent does not imply consent to future sexual acts.
    • (iv) Consent cannot be procured by use of physical force, compelling threats, intimidating behavior or coercion. Coercion is unreasonable pressure for sexual activity.
    • (v) In order to give effective consent, one must be of legal age and have the capacity to consent. Incapacity may result from mental disability, intellectual disability, unconsciousness/sleep, age or use of alcohol, drugs, medication and/or other substances. Consent given by someone who one should know to be, or based on the circumstances, reasonably should have known to be, mentally or physically incapacitated, is a policy violation. Incapacitation is a state where someone cannot make rational, reasonable decisions because he or she lacks capacity to give knowing consent (e.g. to understand the “who, what, when, where, why or how” of their sexual interaction). Incapacity may result from a level of alcohol ingestion that is more severe than impairment, being under the influence, drunkenness or intoxication. It is less severe than alcohol poisoning or overdose. Whether a person is incapacitated is a subjective determination that will be made after the incident and in light of all facts available. Individuals reach incapacitation at different points and as a result of different stimuli [and] exhibit incapacity in different ways. Note: Indications of consent are irrelevant if the initiator knows or should reasonably have known of the incapacity of the other person.
  • (B) Use of alcohol, medications, or other drugs will not excuse behavior that violates this policy.