Title IX

It is against The College of Idaho policy and prohibited by Title IX to discriminate based on sex in education programs and activities. Title IX protects students, employees, applicants for admissions and employment, and other persons from all forms of sex discrimination. Included in the definition of sex discrimination: sexual misconduct, including sexual harassment, sexual assault, sexual battery, and rape; relationship and dating violence; stalking; bullying; hazing; and bias (hate) crimes. Students, as well as other persons, are protected by Title IX regardless of their sex, sexual orientation, gender identity, part or full-time status, disability, race or national origin in all aspects of the College’s educational programs and activities.

The Title IX coordinator for The College of Idaho is Reagan Rossi, (208)459-5855, [email protected] (office: JAAC 214). Any inquiries regarding Title IX compliance should be directed to the Title IX Coordinator and/or the Office for Civil Rights.

Definitions:

Unequivocal Consent Consent that is informed, freely and actively given, via mutually understandable words or actions which indicate a willingness to engage in an activity at the same time, in the same manner with another individual or individuals. It is the responsibility of the sexual initiator to make sure that he or she obtains unequivocal consent from his or her partner before engaging in any sexual activity. Consent to one form of sexual activity does not necessarily imply consent to other forms of sexual activity. Mutually understandable consent must be obtained by the initiator at every stage of sexual interaction. Consent which is obtained through the use of force, actual or implied, whether that force is exerted physically or through threats, intimidation or coercion, does not constitute unequivocal consent. 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.

Sexual Misconduct Any sexual act directed against another person forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving unequivocal consent.

  • Rape Penetration, no matter how slight, of the vagina or the anus with any body part or object, or oral penetration by a sex organ of another person, without the unequivocal consent of the victim.
  • Forcible Fondling Touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving unequivocal consent because of their youth or because of their mental incapacity.
  • Statutory Rape Non-forcible sexual intercourse with a person who is under the age of legal consent.
  • Sexual Harassment Any unwelcome sexual conduct which is related to any condition of employment or evaluation of student performance. It includes unwarranted sex-related comments, sexually explicit comments or graphics, unwelcome touching, etc. Sexual harassment can take the form of making derogatory jokes based on sex, crude or offensive language, spreading rumors about a person's sexuality, placing a compromising photo on the web, or ogling. These behaviors cause the recipient discomfort or humiliation, and continue after the recipient has made clear that they want them to stop.

Relationship Violence The actual or threatened physical, sexual or psychological and emotional abuse between persons in a platonic, professional or intimate relationship. The violence is motivated by the perpetrator's desire to exert control and/or power over the victim in a way that undermines the victim's sense of safety and self.

Dating Violence The actual or threatened physical or sexual violence or psychological and emotional abuse toward a current or former dating partner.

Stalking The willful, repeated, and malicious following, harassing or threatening of another person that would cause a reasonable person to - (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. This includes, but is not limited to, being telephoned, e-mailed or text-messaged, being waited for outside or inside places, being watched from afar, and/or being followed.

Hazing and/or Bullying Hazing and/or bullying by individuals or student organizations is not permitted or tolerated at The College of Idaho.

Hazing Hazing is defined as any activity expected of someone joining or affiliating with a group (or to maintain full status in a group) that intentionally or unintentionally humiliates, degrades, risks emotional and/or physical harm, or causes destruction to property, regardless of the person's willingness to participate.

Some examples may include, but are not limited to:

  • Requiring violation of federal law, Idaho law, local law, or the C of I student code
  • Activities that cause exhaustion, or loss of sleep
  • Feats of endurance
  • Activities that could cause sickness or death
  • Requiring an individual to eat or drink anything;
  • Subjecting individuals to road trips, kidnaps, or leaving them to find their way home without resources and/or directions.

Idaho Law Title 18 Crimes and Punishment Chapter 9 Assault and Battery 18-917. Hazing (https://legislature.idaho.gov/idstat/Title18/T18CH9SECT18-917.htm)

Bullying Bullying is defined as unwanted, aggressive behavior that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Bullying may inflict harm or distress, including physical, psychological, social, or educational harm. Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purpose.

Cyberbullying: Cyberbullying is bullying that takes place using electronic technology.

Some examples of bullying and cyberbullying may include, but are not limited to:

  • Taunting
  • Malicious teasing
  • Making threats
  • Insulting
  • Posting harmful or cruel text or images using the internet or other digital communication devices.
  • Rumors sent by email or posted on social networking sites
  • Creating fake profiles

Bullying is NOT a single instance of social rejection, meanness or unkindness; unplanned actions of intimidation or hostility; or shared arguments, conflicts or fights.

Idaho Law Title 18 Crimes and Punishment Chapter 9 Assault and Battery 18-917A. Student Harassment, Intimidation, Bullying (https://legislature.idaho.gov/idstat/Title18/T18CH9SECT18-917A.htm)

Bias Crimes Crimes that are motivated in whole or in part by hatred against a victim based on his or her race, religion, sexual orientation, gender identity, ethnicity, national origin or disability.

Retaliation No person shall intimidate, threaten, coerce, or discriminate against any individual who has made a complaint, testified, assisted, or participated in any manner in an investigation or proceeding. Retaliation against a person who has filed a complaint or who assists enforcement agencies in discharging their investigative duties violates Title IX.

Available Resources

Sexual misconduct will not be tolerated on campus. Students who have experienced sexual misconduct may suffer from one or more common, but highly stressful, reactions. These include depression, self-blame, intense anxiety, confusion, a feeling of loss of control and recurrent nightmares. These reactions may continue long after the assault. Discussing the experience with a trained professional can be very helpful. The following college and community resources are available:

Campus resources

  • Title IX Coordinator: (208) 459-5855
  • Dean of Students: (208) 459-5841
  • Residence Life: (208) 459-5121
  • Campus Safety: (208) 459-5151

College confidential resources

  • Counseling Center: (208) 459-5561
  • Campus Minister: (208) 459-5282
  • Advocates: (208) 459-5555

Community resources

  • WCA Rape Crisis Center: (208) 345-7273
  • Caldwell City Victim Witness Coordinator: (208) 455-3112
  • Canyon County Victim Witness Unit: (208) 454-7391
  • Idaho Coalition Against Sexual and Domestic Violence: (208) 384-0419
  • Idaho Council on Domestic Violence and Victim Assistance: (208) 332-1540
 

What Should I Do?

Students who experience sexual misconduct are often unsure what to do. If you believe you or someone you know has experienced sexual misconduct, the following should serve as a guide:

  • Go to a safe place.
  • Call an advocate, counselor, friend, relative, or someone you trust to come and be with you.
  • Preserve evidence. Do not shower, douche, bathe, change clothing, or remove anything from the scene of the assault.
  • Get medical attention. In order to protect your health and attend to any injuries or infections that may arise from the assault, medical treatment is necessary. Even if you don't think you want to report the assault or press charges, it is important to be examined by a physician as soon as possible after the assault. Emergency room personnel are trained in the collection of physical evidence which will help you if you should later choose to use legal avenues.
  • Decide whether to report the incident to campus or law enforcement authorities.

The Importance of Reporting

The College strongly urges students who have experienced sexual misconduct to come forward and report (the report can be confidential) their experiences to campus officials and/or appropriate law enforcement (see Reporting Sexual Misconduct). Not only do the reports help identify potential predators, but more importantly, they connect students to invaluable resources that may help the student deal with the inevitable repercussions that follow such a traumatic event.

Reporting Sexual Misconduct

Filing a report with the College does not commit a student to pressing charges with local law enforcement, but the information provided about an incident or individual may be critical to preventing further violence. Where there is reason to believe that an incident of sexual violence has occurred, the person who has been violated has the following reporting options:

  • File a report with the College and/or with local law enforcement authorities.
  • Notify any college personnel (note: every employee is a mandatory reporter, who has an obligation to notify campus authorities). The report provides the College and the community with the obligation to identify the person responsible and take reasonable action to address the factors that might prevent such an occurrence in the future.
  • File a confidential report with a college licensed mental health counselor, campus minister or student advocate, acting in their official capacity, who guarantees that no name shall be attached to the report unless permission is given to do so. This report will be used by the college administration to track trends, to plan educational awareness programming, and to address other community safety concerns, but the student's name will not be disclosed and no official actions will be taken without the student's permission (as allowed under law).

Reports to the College may be made to any of the following:

Campus resources

  • Title IX Coordinator: (208) 459-5855
  • Dean of Students: (208) 459-5841
  • Residence Life: (208) 459-5121
  • Campus Safety: (208) 459-5151

College confidential resources

  • Counseling Center: (208) 459-5561
  • Campus Minister: (208) 459-5282
  • Advocates: (208) 459-5555
 

Reports to local law enforcement authorities may be made to any of the following:

  • 911
  • Caldwell Police Department non-emergency dispatch:(208) 454-7531
  • Campus Safety is also available to help facilitate reporting to local law enforcement

College Response to Sexual Misconduct

The College of Idaho will promptly investigate all allegations of sexual misconduct, and take appropriate measures to ensure the safety of our campus community. The College may pursue enforcement of its own policies whether or not legal proceedings are underway or in prospect and may use information from third party sources, such as law enforcement agencies and the court, to determine whether College rules have been broken. The College makes no attempt to shield members of the College community from the law, nor does it intervene in legal proceedings against a member of the community.

Title IX Student Conduct Process

  1. Complaint –Incident is reported to Campus Safety.
  2. Interim Actions – The Dean of Students (or designee) has the discretion to take actions, up to and including temporarily restrict a student from the College and/or the residence halls, reassign a resident to another facility, restrict the student from specific facilities or official College events, and/or make alternative course arrangements pending an investigation and conclusion, whenever in the Dean's judgement the continued presence of a student constitutes a danger to persons or property, or the seriousness of the allegations warrant such action.
  3. Investigation – Campus Safety conducts an investigation and a notice of investigation is sent to the complainant and the respondent. The complainant and the respondent have the right to have one person of their choice (excluding any material witnesses) accompany them throughout the entire process. This person does not play an active role in the process and is present only as support.
  4. Investigative Summary – Summary is provided to complainant, respondent, Conduct Officers, and Title IX Coordinator for final review and clarification (hard copies will be retained by appropriate College personnel only). If the investigative summary indicates the allegation is unsubstantiated or there is insufficient evidence, the conduct officers will notify the complainant and respondent of such and the process will conclude (the complainant or respondent may still appeal).
  5. Meeting with Conduct Officers – Complainant and respondent each meet with the Conduct Officers and are given an opportunity to speak to the investigative summary.
  6. Notice of Conclusion – Conduct officers come to a conclusion based on the investigative summary and notify complainant and respondent in writing (and in person when feasible) of the College’s decision. The College uses a preponderance of evidence (more likely than not) standard for determining conclusions.
  7. Appeal – Complainant or respondent has the right to appeal the Conduct Officers’ conclusions. See Appeals below.
  8. Sanctions – Student completes any sanctions articulated in the Notice of Conclusion.

As recommended by the Department of Educaton Office of Civil Rights, The College of Idaho makes reasonable efforts to complete the investigatoin, conduct and appeal process within 60 days of the initial notification.

Failure to Appear and Conclusion Without Response

Students are required to appear for campus student conduct proceedings when requested to do so by an investigator or conduct officer. The failure of any student to appear for a student conduct proceeding could be grounds for disciplinary action. If a student fails to appear for a conduct proceeding, or is unable to attend as a result of criminal proceedings, the conduct officer may move forward with reviewing the available evidence and make a determination.

Appeals

The complainant or respondent may appeal any decision made in the event of 1) significant procedural error, 2) an unreasonable sanction, or 3) new and relevant information that was not available at the time of the investigation. A written letter outlining the basis for the appeal and including all relevant information in support of the appeal must be filed with the Dean of Students Office within five (5) working days of the decision. The Dean of Students, in collaboration with the Title IX Coordinator, will review the written appeal and decide if there are reasonable grounds to move forward with the appeal process. If it is decided there are not sufficient grounds for the appeal, the Conduct Officers’ conclusion will stand and is final. If it is decided that there are sufficient grounds for the appeal, those appeals involving a procedural error or unreasonable sanction will be jointly considered by the Dean of Students and Title IX Coordinator, and their conclusion is final; those appeals involving new information will be referred back to the investigators and Conduct Officers for reconsideration. The Conduct Officers will make a recommendation for a final conclusion to both the Dean of Students and Title IX Coordinator, who will then make the final decision.

Sanctions

Misconduct, and thus the College's response to misconduct, varies widely. Sanctions depend upon the severity of the misconduct, previous conduct violations, the attitude of the individual(s) involved, and the impact upon the College and greater community. Sanctions may include, but are not limited to:

  • Written warning
  • Disciplinary fines
  • Educational projects
  • Community service
  • Referral for substance abuse evaluation, education, and/or treatment
  • Referral for personal counseling
  • Restitution for damages
  • Special restriction or loss of privilege
  • Disciplinary probation
  • Imposed room reassignment
  • Suspension from residence halls
  • Suspension from the college
  • Expulsion from the college
  • Referral to public law enforcement agencies

Students who fail to complete or fulfill assigned sanctions within the time allowed are subject to additional disciplinary actions including fines, increased sanctions, academic holds, notation on transcripts and/or in some cases, suspension from the College. Suspension and/or expulsion from the College must be approved through the Dean of Students or designee.

Compliance with these policies and procedures does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).