Title IX Prevention of Sexual Misconduct Procedure

Blue Ridge Community College and the Virginia Community College System (VCCS) will not tolerate sexual misconduct in any form. Sexual misconduct is a flagrant violation of the values and behavioral expectations of a college community. All reported violations within the jurisdiction of the College, including sexual assault, sexual harassment, stalking, and sexual violence, will be investigated and, as warranted, will be resolved through appropriate college disciplinary processes. Civil and criminal proceedings may also be used as appropriate in accordance with applicable state and federal laws. (c.f. The Virginia Community College System Policy Manual, Section 6.5.5.4). The College Policy on Sexual Violence, Domestic Violence, Dating Violence, and Stalking can be found at http://www.brcc.edu/brcc/policy/sexual-domestic-dating-violence-stalking.

An educational institution is a community of trust whose very existence depends on the recognition of each individual’s importance and value. This trust creates the freedom for each individual to live, think, act, and speak without fear of physical harm. Sexual misconduct shatters the bond of trust within a college community. If you believe that a member of the college community has violated the VCCS Policy on Sexual Misconduct, we encourage you to follow the reporting procedures outlined below.

Policy on Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Notice of Nondiscrimination

As a recipient of federal funds, Blue Ridge Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Under certain circumstances, sexual misconduct, sexual harassment, and similar conduct constitute sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The Title IX Coordinator is Annette Williams, whose office is located in G115 and may be contacted by phone at 540-453-2332 or by email at williamsa@brcc.edu.

Policy

Blue Ridge Community College is committed to providing an environment that is free from harassment and discrimination based on any status protected by law. This Policy supplements the following general policy statement set forth by the Virginia Community College System: This institution promotes and maintains educational opportunities without regard to race, color, sex, ethnicity, religion, gender, age (except when age is a bona fide occupational qualification), disability, national origin, or other non-merit factors. This Policy also addresses the requirements under the Violence Against Women Reauthorization Act of 2013, (also known as the Campus SaVE Act).

This Policy is not intended to substitute or supersede related criminal or civil law. Individuals should report incidents of sexual and domestic violence, dating violence, and stalking to law enforcement authorities. Criminal and civil remedies are available in addition to the potential remedies that the College may provide.

The complete policy can be found at https://www.brcc.edu/brcc/policy/sexual-domestic-dating-violence-stalking

Definitions

Dating Violence: Dating violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury committed by a person who is or has been in a close relationship of a romantic or intimate nature with the other person. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Domestic violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member, which includes a current or former spouse, a person with whom the victim shares a child in common, or who is cohabitating with or has cohabitated with the person as a spouse or intimate partner.

Sex Discrimination: Sex discrimination is the unlawful treatment of another based on the individual's sex that excludes an individual from participation in, separates, denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual's employment, education, or participation in college program or activity.

Sexual Assault: Sexual assault is defined as the intentional physical sexual contact with a person against that person’s will by the use of force, threat, or intimidation, or through the use of a person’s mental incapacity or physical helplessness. Sexual assault includes intentionally touching, either directly or through clothing, of the victim’s genitals, breasts, thighs, or buttocks without the person’s consent, as well as forcing someone to touch or fondle another against his or her will. Sexual battery is a type of sexual assault.

Sexual Exploitation: Sexual exploitation occurs when a student takes non-consensual 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 does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to invasion of sexual privacy; prostituting another person; non-consensual video or audio-taping of sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); engaging in voyeurism; exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals, and knowingly transmitting HIV or an STD to another.

Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment shall be considered to have occurred in the following instances:

Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly; or

Hostile Environment: Conduct so severe, pervasive, and objectively offensive that it undermines and detracts from an employee’s work performance or a student’s educational experience.

Sexual Misconduct: Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another. Sexual misconduct includes rape, sexual harassment, sexual assault, sexual exploitation, and sexual violence.

Sexual Violence: Sexual violence is any intentional physical sexual abuse committed against a person’s will or where a person is incapable of giving consent. Sexual violence includes rape, sexual assault, and sexual battery.

Stalking: Stalking occurs when someone, on more than one occasion, engages in conduct directed at another person with the intent to place, or knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member.

Reporting Incidents

  1.  Members of the campus community who believe they have been subjected to a crime should immediately report the incident to campus or local police. All emergencies or any incident where someone is in imminent danger should be reported immediately to campus police/security or local police by dialing 911 or 540-453-2370.
  2. Whether or not a report is made to law enforcement, members of the campus community should report alleged violations of this Policy to the Title IX Coordinator during normal business hours. The Title IX Coordinator is solely responsible for overseeing the prompt, fair, and impartial investigation and resolution of complaints filed with the College. To help ensure a prompt, fair, and impartial investigation and resolution, individuals are encouraged to complete a Complaint Form, found in Appendix A. The written complaint will be submitted to the Title IX Coordinator. Although strongly encouraged, a complainant is not required to submit a complaint on the Complaint Form or in writing.

    Blue Ridge Community College Title IX Campus Resources

    Title IX Coordinator:
    Annette Williams
    G115 – Houff Student Center
    (540) 453-2332 
    williamsa@brcc.edu

    Deputy Title IX Coordinator (if applicable)
    Amanda Housden
    Houff Student Center
    (540) 453-2597
    housdena@brcc.edu 

    After normal business hours, members of the campus community should report alleged violations of this Policy to Campus Security in the north lobby of the Houff Student Center, 540-453-2370.
  3. There is no time limit for filing a complaint with the College. However, complainants should report possible violations of this Policy as soon as possible to maximize the College’s ability to respond effectively. Failure to report promptly could result in the loss of relevant evidence and impair the College’s ability to adequately respond to the allegations.