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. Any inquiries regarding Title IX compliance should be directed to the Title IX Coordinator and/or the Office for Civil Rights.
Report an Incident
If you have been a victim of or witness to a Title IX, safety or security incident, you may report it online directly to Campus Safety. All employees are "responsible employees" required to report Title IX incidents as soon as they become aware of them. Only licensed professional counselors, campus minister, and trained student advocates are exempt from this provision and may keep reports confidential.
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 this standard, or being asleep or unconscious.
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.
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.
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.
Non-forcible sexual intercourse with a person who is under the age of legal consent.
Under Idaho law, statutory rape occurs when there is penetration between:
- A child who is under the age of 16 and a defendant who is 18 years of age or older, or
- A child who is age 16 or 17 and a defendant who is three or more years older than the child.
This means if the complainant is 16 years old, the respondent is 19 years old or more; if the complainant is 17 years old, the respondent is 20 years old or more.
Purposely or knowingly doing any of the following:
- Causing the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give unequivocal consent to sexual activity;
- Allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or live-streaming of images);
- Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person’s intimate parts (including genitalia, groin, breasts or buttocks) in a place where that person would have a reasonable expectation of privacy);
- Recording or photographing private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
- Disseminating or posting images of private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
- Prostituting another person; or
- Exposing another person to a sexually transmitted infection or virus without the other’s knowledge.
Any unwelcome sexual conduct which is related to any condition of employment, evaluation of student performance, or participation in any College programs and/or activities. 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.
The perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute sexual harassment.
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.
The actual or threatened physical or sexual violence or psychological and emotional abuse toward a current or former dating partner.
The willful, repeated, menacing and/or 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.
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 of property, regardless of the person's willingness to participate. Hazing by individuals or student organizations is not permitted or tolerated at The College of Idaho.
Some examples may include, but are not limited to:
- Requiring violation of federal law, Idaho law, local law or the C of I student conduct
- 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 the individual to road trips, kidnaps, or leaving them to find their way home without resources and/or directions.
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.
Bullying is not a single instance of social rejection, meanness or unkindness; unplanned actions of intimidation or hostility; or shared arguments, conflicts or fights.
Bullying that takes place using electronic technology.
Some examples of bullying and cyberbullying may include, but are not limited to:
- Malicious teasing
- Making threats
- 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
Crimes that are motivated in whole or in part by hatred against a victim because of their membership (or perceived membership) in a certain social group or race. Examples of such groups can include, and are almost exclusively limited to: sex, ethnicity, disability, language, nationality, physical appearance, religion, gender identity or sexual orientation.
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.
Sexual misconduct will not be tolerated on campus. Students or employees 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 Safety: (208) 459-5151 (available 24 hours, 7 days a week)
- Title IX Coordinator: (208) 459-5855
- Human Resources: (208) 459-5680
College Confidential Resources
- United Heritage Employee Assistance Program – ComPsych (866) 511-3361 (available 24 hours, 7 days a week)
- 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 or employees 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.
- Report the incident to campus and/or law enforcement authorities.
The Importance of Reporting
The College strongly urges students or employees 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. Not only do the reports help identify potential predators, but more importantly, they connect students or employees to invaluable resources that may help the student or employee 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 or employee 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, except licensed professional counselors, campus minister, or trained student advocates). 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.
Reports to the College may be made to any of the following:
- Campus Safety: (208) 459-5151 (available 24 hours, 7 days a week)
- Title IX Coordinator: (208) 459-5855
- Human Resources: (208) 459-5680
Reports to local law enforcement authorities may be made to any of the following:
- Caldwell Police Department non-emergency dispatch:(208) 454-7531
- Campus Safety is also available to help facilitate reporting to local law enforcement
Every effort will be made to honor an employee's desire for confidentiality however it cannot be guaranteed.
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 policies 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 Process for Employees
- Complaint - Incident is reported to Campus Safety.
- Preliminary Assessment - Campus Safety, in consultation with the Title IX Coordinator, assesses the nature of the complaint to determine if it is a Title IX matter.
- Interim Actions – The College may take reasonable and appropriate interim action to ensure the safety of the complainant and campus community (e.g. temporary restriction from campus, no-contact orders, etc.). The Vice President of Academic Affairs, if employee is a faculty member, or the Vice President of Finance and Administration, if the employee is a staff member, has the discretion to place an employee on an administrative leave of absence from the college or restrict the employee from specific facilities pending an investigation and conclusion whenever in the Vice President’s judgment the continued presence of a student or employee constitutes a danger to the student or employee or the safety of persons or property, or the seriousness of the allegations warrants such action.
- Investigation – Campus Safety or other Title IX designated investigator conducts an investigation and a notice of investigation is sent to complainant and respondent. The complainant and 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.
- Informal Resolution - At the College’s discretion, and only with the willing cooperation of the complainant and respondent, the College may facilitate an informal resolution utilizing licensed college counselors.
- Investigative Summary – Summary is provided to complainant, respondent, Director of Human Resources, 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 Director of Human Resources will notify the complainant and respondent of such and the process will conclude (the complainant or respondent may still appeal).
- Communication with Director of Human Resources – Complainant and respondent each meet with the Director of Human Resources and are given an opportunity to speak to the investigative summary.
- Notice of Conclusion – Director of Human Resources comes to a conclusion based on the investigative summary and communication with other involved parties, and notifies 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.
- Appeal – Complainant or respondent has the right to appeal the Director of Human Resources' conclusions (see Appeals section below.)
- Sanctions – Student or employee completes any sanctions articulated in the Notice of Conclusion.
The College of Idaho makes reasonable efforts to complete the investigation, conduct, and appeal process within 60 days of the initial notification.
Failure to Appear and Conclusion without Response
Employees are required to appear for Title IX proceedings when requested to do so by an investigator or Director of Human Resources. The failure of any employee to appear for or respond during the Title IX proceeding could be grounds for disciplinary action. If an employee fails to appear for or respond during the Title IX proceeding, or is unable to attend as a result of criminal proceedings, the conduct process will move forward without the participation of that individual and the Director of Human Resources may move forward with reviewing the available evidence and make a determination.
The complainant or respondent may appeal any decision made in the event of 1) significant procedural error, 2) an unreasonable sanction, or 3) new 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 Human Resource Office within five (5) working days of the decision (note: appeals received after five working days will be permitted if relevant information not available at the time of the investigation is provided by a government or law enforcement agency.) The Vice President of Academic Affairs, if employee is a faculty member, or the Vice President of Finance and Administration, if the employee is a staff member, 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 Director of Human Resources' 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 applicable Vice President and the Title IX Coordinator, and their conclusion is final; those appeals involving new information will be referred back to the investigators and Director of Human Resources for reconsideration. The Director of Human Resources will make a recommendation for a final conclusion to the applicable Vice President and the Title IX Coordinator, who will then make the final decision.
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
- 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
- Restricted campus access
- Placement on an unpaid leave of absence
- Termination of employment
- Referral to public law enforcement agencies
Employees who fail to complete or fulfill assigned sanctions within the time allowed are subject to additional disciplinary actions including increased sanctions, placement on an unpaid leave of absence and/or in some cases, termination of employment.
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).