Apr 22, 2024  
Catalog/Handbook 2017-18 
Catalog/Handbook 2017-18 [ARCHIVED CATALOG]

Sexual Misconduct

Sexual Misconduct

Sexual misconduct is an umbrella term that includes all forms of non-consensual activity (such as rape) or unwelcomed sexual conduct (such as sexual harassment). Sexual misconduct includes a broad range of behaviors including, but not limited to, rape/sexual battery; domestic violence; dating violence; and stalking.

Sex discrimination, sexual harassment, and sexual violence are illegal. Several state and federal laws prohibit those behaviors. Two key federal laws in this area are Title IX of the Education Amendments Acts of 1972 and Title VII of the Civil Rights Act of 1964.

Title IX prohibits sex discrimination (including sexual harassment and sexual violence) in educational programs and activities. Title IX also requires that the university provide equity to both sexes in education and university programs. These protections apply to College employees and students.

Title VII protects employees from several types of discrimination including sex discrimination. This includes protection from being treated negatively because of one’s sex, sex-based wage discrimination, pregnancy discrimination, sexual harassment, and sexual violence at work.

Internally, the College has its own policies that prohibit sexual misconduct.

  • Polk State’s Title IX Statement outlines the College’s obligations under Title IX. The Title IX Statement also identifies the College’s Title IX coordinator and Deputy Title IX Coordinators who are responsible for overseeing the College’s compliance with Title IX. The Title IX coordinator and Deputy Title IX Coordinators  are also identified in the Sexual Misconduct section in the Annual Security Report.
  • Polk State’s Non-Discrimination Policy prohibits sex discrimination. There are many forms of sex discrimination under this policy, including sexual harassment and sexual violence.
  • Polk State’s Sexual Harassment Policy provides detailed guidance about the College’s prohibition against harassment.
  • Finally, Polk State’s Sexual Misconduct Policy Statement gives specific guidance to support victims of rape and sexual battery, to apprehend perpetrators, and to outline special reporting obligations for anyone with knowledge of this crime.

Domestic Violence  means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Dating Violence means violence between individuals who have or recently had a continuing and significant relationship of a romantic or intimate nature.

Sexual assault means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object without consent.

Stalking is willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person causing substantial emotional distress to that person and serving no legitimate purpose.

The full sexual misconduct policy statement can be found in the Polk State College 2015 Annual Security Report.

The College has a zero tolerance policy towards sexual misconduct regardless of who commits the offense. When the College becomes aware of possible sexual misconduct, Title IX requires Polk State College to conduct a prompt, thorough, and impartial investigation to eliminate the harassing conduct; to addressing its effects on the victim; and to prevent it from happening again.

All students and/or employees are encouraged to report anything they witness that might be sexual misconduct to the Office of Equity and Diversity, the Human Resources Department, or the Dean of Student Services.

For additional information, please review the Polk State College rules and procedures listed below: