Policy on Sexual Misconduct
Board of Trustees Policy: 6.17
Policy on Sexual Misconduct in Accordance with Title IX, VAWA, and the Campus SaVE Act
Date: June 2023
Supersedes: December 2021, September 2020, May 2020, December 2018, January 2015, April 2013
Montgomery County Community College (MCCC or the “College”) adheres to all federal, state, and local civil rights laws prohibiting discrimination in employment and education. MCCC does not discriminate in its admissions practices, in its employment practices, or in its educational programs or activities on the basis of sex/gender. As a recipient of federal financial assistance for education activities, MCCC is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex/gender. Sex includes sex, sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or parenting status.
MCCC also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process internal or external to the institution. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by MCCC policy.
Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational, employment access, opportunities and/or benefits of any member of the MCCC community on the basis of sex is in violation of this policy.
Any person may report sex discrimination (whether or not the person reporting is the person alleged to have experienced the conduct), in person, by mail, by telephone, by video, or by email, using the contact information listed for the Title IX Coordinator (below). A report may be made at any time (including during non-business hours) by submitting a MCCC Incident Report Form.
Questions regarding Title IX, including its application and/or concerns about noncompliance, should be directed to the Title IX Coordinator. For a complete copy of the policy or for more information, please click this link or contact the Title IX Coordinator.
Individuals who believe they have experienced sex discrimination, harassment, and/or retaliation in violation of MCCC policy should contact the following:
Emergencies should be reported to MCCC Campus Safety at 215-641-6666 (Blue Bell), 610-718-1913 (Pottstown), or by calling 911.
This Policy applies to all MCCC students, faculty, staff, administrators, board members, consultants, vendors, others engaged to do business with the College, guests, and visitors. The purpose of this policy is the prohibition of sexual harassment, discrimination, sexual misconduct, and retaliation. When an alleged violation of this policy is reported, those allegations are subject to review and resolution using the procedures associated with this policy. The MCCC community includes students (including dual enrolled students), student organizations, faculty, administrators, staff and third parties such as guests, visitors, volunteers, invitees, and campers.
- Advisor means a person chosen by a party or appointed by MCCC to accompany the party to meetings related to the Resolution Process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.
- Appeal Decision-maker means the person who accepts or rejects a submitted appeal request, determines whether an error occurred that substantially affected the investigation or original determination, and directs corrective action, accordingly.
- Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on sex, or retaliation for engaging in a protected activity.
- Confidential Resource means an employee who is not a Mandated Reporter (see definition below) of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
- Day means a business day when MCCC is in normal operation.
- Decision-maker means the person who hears evidence, determines relevance, and makes the Final Determination of whether this policy has been violated and/or assigns sanctions.
- Education Program or Activity means locations, events, or circumstances where MCCC exercises substantial control over both the Respondent and the context in which the harassment, discrimination, and/or retaliation occurs.
- Final Determination is a conclusion by the standard of proof that the alleged conduct did or did not violate this policy.
- Finding is a conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
- Formal Complaint means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in harassment or discrimination based on a protected characteristic or retaliation for engaging in a protected activity and requesting that MCCC investigate the allegation(s).
- Formal Grievance Process means a method of formal resolution designated by MCCC to address conduct that falls within the procedures included below, and which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act § 304.
- Grievance Process Pool includes any Investigators, Decision-makers, Appeal Decision-makers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same complaint).
- Informal Resolution is a complaint resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a formal Final Determination being reached.
- Investigator means the person authorized by MCCC to gather facts about an alleged violation of this policy, assess relevance and credibility, synthesize the evidence, and compile this information into an investigation report of Relevant Evidence and a file of Related Evidence.
- Mandated Reporter means a MCCC employee who is obligated to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation on the basis of sex with the Title IX Coordinator.
- Notice means that an employee, student, or third party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
- Official with Authority (OWA) means a MCCC employee who has responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College.
- Parties means the Complainant(s) and Respondent(s), collectively.
- Recipient means a postsecondary education program that receives federal funding.
- Related Evidence is evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the Decision-maker. Compare to Relevant Evidence, below.
- Relevant Evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.
- Remedies are post-Final Determination actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to MCCC’s education program.
- Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination on the basis of sex, or retaliation for engaging in a protected activity under this policy.
- Resolution means the result of an Informal Resolution or Formal Grievance Process.
- Sanction means a consequence imposed on a Respondent who is found to have violated this policy.
- Sexual Harassment is an umbrella category including the offenses of sexual harassment, sexual assault, stalking, dating violence, and domestic violence.
- Student means an individual who is taking MCCC courses, both full-time and part-time; an individual who is not officially enrolled for a particular term, but has a continuing relationship with MCCC or intends to enroll in the next term; an individual enrolled in the spring and fall semesters who engages in misconduct during the summer; an individual who is a first time enrollee or applicant who engages in misconduct prior to the time of enrollment; or an individual who is enrolled in a MCCC course even when they are enrolled at another educational institution.
- Title IX Coordinator is at least one official designated by MCCC to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
- Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the
Grievance Process Pool (see definition above).
Title IX Coordinator
Mikiba W. Morehead, Consultant, TNG, LLC., serves as the Title IX Coordinator and oversees implementation of MCCC’s Sexual Misconduct policy (6.17).
The Title IX Coordinator has the primary responsibility for coordinating MCCC’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remedy, and prevent discrimination, harassment, and retaliation prohibited under this policy.
All parties will be provided with a comprehensive electronic brochure detailing options and resources, which the Title IX Coordinator may also go over in person with the parties, as appropriate
Independence and Conflict of Interest
The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and associated procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.
To raise any concern involving bias or conflict of interest by the Title IX Coordinator, contact Vice President of Administrative Services Concerns of bias or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.
Reports of misconduct or discrimination committed by the Title IX Coordinator should be reported to Vice President of Administrative Services Reports of misconduct or discrimination committed by any other Title IX Team member should be reported to the Title IX Coordinator.
Administrative Contact Information
Complaints or notice of alleged policy violations, or inquiries about or concerns
regarding this policy and procedures, may be made internally to:
Dr. Mikiba W. Morehead, Consultant, TNG, LLC
Title IX Coordinator
firstname.lastname@example.org or email@example.com
MCCC has also classified most employees as Mandated Reporters of any knowledge they
have that a member of the community is experiencing harassment, discrimination, and/or
retaliation. The section below on Mandated Reporting (see Section 16.) details which employees have this responsibility and their duties,
Inquiries may be made externally to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Office for Civil Rights (OCR) - Pennsylvania
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: (215) 656-8541
Facsimile: (215) 656-8605
For complaints involving employee-on-employee conduct, contact:
Equal Employment Opportunity Commission (EEOC)
Philadelphia District Office
801 Market Street, Suite 1000
Philadelphia, PA 19107-3126
Telephone: (800) 669-4000 or (267) 589-9700
Facsimile: (215) 440-2606
TTY#: (800) 669-6820
ASL Video Phone: (844) 234-5122
Notice/Complaints of Sex Discrimination, Harassment, and/or Retaliation
Notice or complaints of sex discrimination, harassment, and/or retaliation may be made using any of the following options:
- File a report or Formal Complaint with, or give verbal notice to, the Title IX Coordinator.Such a report or Formal Complaint may be made at any time (including during non-business hours) by using the email address listed for the Title IX Coordinator or the contact information listed for any other official listed.
- Report online, using this reporting form. Anonymous reports are accepted but can give rise to a need to investigate to determine if the parties can be identified. If not, no further formal action is taken, though measures intended to protect the community may be enacted. MCCC provides supportive measures, as appropriate, to all Complainants, which may be impossible with an anonymous report that does not identify the Complainant.
Because reporting carries no obligation to initiate a formal response, and because MCCC respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of confidentiality by making a report that allows MCCC to discuss and/or provide supportive measures.
A Formal Complaint means a document submitted or signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that MCCC investigate the allegation(s). A complaint may be filed with the Title IX Coordinator, or designee, in person, by mail, or by electronic mail; by using the contact information in the section immediately above; or as described in this section.
As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by MCCC) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint, and requests that MCCC investigate the allegations.
If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ensure that it is filed correctly.
MCCC will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered without fee or charge to the parties to restore or preserve access to MCCC’s education program or activity, including measures designed to protect the safety of all parties and/or MCCC’s educational environment, and/or to deter harassment, discrimination, and/or retaliation.
The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, MCCC will inform the Complainant, in writing, that they may file a formal complaint with MCCC either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
MCCC will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair MCCC’s ability to provide those supportive measures. MCCC will act to ensure as minimal an academic/occupational impact on the parties as possible. MCCC will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:
- Referral to counseling, medical, and/or other healthcare services
- Referral to the Employee/Student Assistance Program
- Referral to community-based service providers
- Referral to Visa and immigration assistance
- Student financial aid counseling
- Education to the institutional community or community subgroup(s)
- Altering work arrangements for employees or student-employees
- Safety planning
- Providing campus safety escorts
- Referral for transportation accommodations
- Implementing contact limitations (no contact orders) between the parties
- Academic support, extensions of deadlines, or other course/program-related adjustments
- Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
- Timely warnings
- Class schedule modifications, withdrawals, or leaves of absence
- Increased security and monitoring of certain areas of the campus
- Any other actions deemed appropriate by the Title IX Coordinator
Violations of no contact orders or other restrictions will be referred to appropriate student or employee conduct processes for enforcement.
MCCC can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the Cares Team using its standard objective violence risk assessment procedures.
When an emergency removal is imposed, the student will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon as reasonably possible thereafter, to show cause why the action/removal should not be implemented or should be modified.
This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner, objections to the emergency removal will be deemed waived. A Complainant may be permitted to submit a statement in writing to the Title IX Coordinator regarding consideration of an emergency removal action.
This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions.
A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.
The Title IX Coordinator has sole discretion under this policy to implement or modify an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline within the student or employee conduct processes, which may include expulsion or termination.
MCCC will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics.
At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact on the parties as possible.
When the Respondent is an employee, existing provisions (link) for interim action are applicable instead of the above emergency removal process.
Once MCCC has received notice or a Formal Complaint, all allegations are promptly acted upon. Complaints typically take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but MCCC will avoid all undue delays within its control.
Any time the general timeframes for resolution outlined in MCCC associated grievance procedures will be delayed, MCCC will provide written notice to the parties of the delay, the cause for the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
Every effort is made by MCCC to preserve the confidentiality of reports. MCCC will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of sex discrimination; any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of the Title IX Grievance Process at 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and associated procedures.
MCCC reserves the right to determine which MCCC officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the FERPA.
Only a small group of officials who need to know will typically be told about the complaint. Information will be shared as necessary with Investigators, Decision-makers, witnesses, MCCC staff who need to know to implement the supportive measures, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.
MCCC may contact parents/guardians of students to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student first before doing so.
Confidentiality and mandated reporting are addressed more specifically below (see Section 16.).
This Policy applies to the education program and activities of MCCC, to conduct that takes place on the campus or on property owned or controlled by MCCC, at MCCC-sponsored events, and in buildings owned or controlled by MCCC’s recognized student organizations. The Respondent must be a member of MCCC’s community in order for this Policy to apply.
This Policy can also be applicable to the effects of off-campus misconduct that effectively deprive a person of access to MCCC’s educational program. MCCC may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial MCCC interest.
Regardless of where the conduct occurred, MCCC will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial MCCC interest includes:
- Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
- Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual;
- Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder; and/or
- Any situation that substantially interferes with the educational interests or mission of MCCC.
If the Respondent is unknown or is not a member of the MCCC community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options. If criminal conduct is alleged, MCCC can assist in contacting local or campus law enforcement if the individual would like to file a police report.
Further, even when the Respondent is not a member of MCCC’s community, supportive measures, remedies, and resources may be provided to the Complainant by contacting the Title IX Coordinator.
In addition, MCCC may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from MCCC property and/or events.
All vendors serving MCCC through third-party contracts are subject to the policies and associated procedures of their employers.
When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.
Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to MCCC where sexual harassment or nondiscrimination policies and associated procedures of the facilitating or host organization may give recourse to the Complainant.
Time Limits on Reporting
There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to MCCC’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.
Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
When notice/complaint is affected by significant time delay, MCCC will typically apply the policy in place at the time of the alleged misconduct and the associated procedures in place at the time of notice/complaint. Typically, this Policy is only applied to incidents that occurred after August 14, 2020. For incidents that occurred prior to August 14, 2020, previous versions of this Policy will apply. Those versions are available from the Title IX Coordinator.
Online Harassment and Misconduct
The policies of MCCC are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on MCCC’s education program and activities or when they involve the use of MCCC networks, technology, or equipment.
Although MCCC may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to MCCC, it will engage in a variety of means to address and mitigate the effects.
Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites, sharing inappropriate content via social media, unwelcome sexual or sex-based messaging, distributing or threatening to distribute revenge pornography, breaches of privacy, or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of MCCC community.
Any online posting or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring completely outside of MCCC’s control (e.g., not on MCCC networks, websites, or between MCCC email accounts) will only be subject to this policy when such online conduct can be shown to cause a substantial in-program disruption or infringement on the rights of others.
Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided, but protected speech cannot legally be subjected to discipline.
Off-campus harassing speech by employees, whether online or in person, may be regulated by MCCC only when such speech is made in an employee’s official or work-related capacity.
Nondiscrimination on the Basis of Sex
This policy covers nondiscrimination on the basis of sex in both employment and access to educational opportunities. Therefore, any member of the MCCC community whose acts deny, deprive, or limit the educational or employment access, benefits, and/or opportunities of any member of the MCCC community, guest, visitor, or applicant on the basis of that person’s sex, is in violation of this policy. Discrimination on the basis of sex includes gender identify and sexual orientation.
When brought to the attention of MCCC, any such discrimination will be promptly and fairly addressed and remedied by MCCC according to the procedures associated with this policy.
Inclusion Related to Gender Identity
MCCC strives to ensure that all individuals are safe, included, and respected in their working and learning environments, regardless of their gender identity, including intersex, transgender, agender, and gender diverse students and employees.
Discrimination on the basis of gender identity is not tolerated by MCCC. If a member of the MCCC community feels they have been subjected to discrimination under this policy, they should follow the appropriate reporting/Formal Complaint process described above.
In upholding the principles of equity and inclusion, MCCC supports the full integration and healthy development of those who are transgender, transitioning, or gender diverse, and seeks to eliminate any stigma related to gender identity.
MCCC is committed to fostering a climate where all identities are valued and create a more vibrant and diverse community. The purpose of this policy is to have MCCC administratively address issues some students and employees, including those identifying as intersex, transgender, agender, and gender diverse, may confront as they navigate systems originally designed around the assumption that gender is binary. As our society’s understanding of gender evolves, so do MCCC’s policies and associated procedures.
Prohibited Conduct on the Basis of Sex
Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discrimination on the basis of sex. This policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial, or sensitive subject matters protected by academic freedom.
The sections below describe the specific forms of legally prohibited harassment that are also prohibited under MCCC policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of MCCC policy, though supportive measures will be offered to those impacted. All offense definitions encompass actual and/or attempted offenses.
Title IX Sexual Harassment
The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Pennsylvania regard sexual harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice.
MCCC has adopted the following definitions of sexual harassment in order to address the unique environment of an academic community and in compliance with Title IX regulations (34 CFR §106.30).
Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.
Title IX Sexual Harassment is a specific form of discriminatory harassment. Title IX Sexual Harassment is an umbrella category, includes the actual or attempted offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as conduct on the basis of sex, or that is sexual in nature, that satisfies one or more of the following:
- Sexual Harassment:
- unwelcome conduct,
- determined by a reasonable person,
- to be so severe, and
- pervasive, and,
- objectively offensive,
- that it effectively denies a Complainant equal access MCCC’s education program or activity.
- Quid Pro Quo:
- an employee of MCCC,
- conditions the provision of an aid, benefit, or service of MCCC,
- on an individual’s participation in unwelcome sexual conduct.
- Sexual Assault, defined as:
- Any sexual act directed against a Complainant,
- without their consent, or
- instances in which the Complainant is incapable of giving consent.
- no matter how slight,
- of the vagina or anus with anybody part or object, or
- oral penetration by a sex organ of another person,
- without the consent of the Complainant.
- The touching of the private body parts of another person (buttocks, groin, breasts),
- for the purpose of sexual gratification,
- and/or against that person’s will (non-consensually),
- or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Non-forcible sexual intercourse,
- between persons who are related to each other,
- within the degrees wherein marriage is prohibited by Pennsylvania law.
- Non-forcible sexual intercourse,
- with a person who is under the statutory age of consent of 16 in Pennsylvania.
- Dating Violence, as defined as:
- on the basis of sex,
- committed by a person,
- who is in or has been in a social relationship of a romantic or intimate nature with
- The existence of such a relationship shall be determined based on the Complainant’s
statement and with consideration of the length of the relationship, the type of relationship,
and the frequency of interaction between the persons involved in the relationship.
For the purposes of this definition—
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
- Domestic Violence, defined as:
- on the basis of sex,
- committed by a current or former spouse or intimate partner of the Complainant,
- by a person with whom the Complainant shares a child in common, or
- by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
- by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Pennsylvania, or
- by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania.
- Stalking, defined as:
- engaging in a crowd of conduct,
- on the basis of sex,
- directed at the Complainant, that
- would cause a reasonable person to fear for the person's safety, or
- the safety of others; or
- Suffer substantial emotional distress.
For the purposes of this definition—
- Course of conduct means two or more acts, including, but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
- Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
MCCC reserves the right to impose any level of sanction, ranging from a warning up to and including suspension or expulsion/termination, for any offense under this policy. The most serious offenses are likely to result in suspension or expulsion/termination, where warranted.
In addition to the forms of sexual harassment described above, which are covered by Title IX, MCCC additionally prohibits the following offenses as forms of sex discrimination that may be within or outside of Title IX when the act is based upon the Complainant’s actual or perceived sex
- Sexual Harassment, defined as: Unwelcome sexual advances, requests for sexual favors, and other verbal,
nonverbal, or physical conduct of a sexual nature when:
- Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or academic status (e.g., an explicit or implicit promise or granting of educational or career advancement expressed by promotion, training, or favorable academic or employment evaluation in return for sexual favors).
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions (e.g., an explicit or implicit threat or action which adversely affects the academic or employment opportunities expressed as non-promotion, poor performance appraisal, transfer, or reassignment if the sexual demands or requests are rejected).
- Such conduct is sufficiently severe or pervasive and objectively offensive that it unreasonably interferes with, denies, or limits an individual’s ability to participate in or benefit from MCCC’s education program or activity or access to employment.
- Sexual Exploitation, defined as:
- an individual taking non-consensual or abusive sexual advantage of another
- for their own benefit or for the benefit of anyone other than the person being exploited, and
- that conduct does not otherwise constitute Sexual Harassment under this Operating Procedure.
Examples of Sexual Exploitation include, but are not limited to:
- Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
- Invasion of sexual privacy (e.g., doxxing)
- Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation or gender identity
- Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity; or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
- Prostituting another person
- Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
- Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
- Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
- Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
- Knowingly soliciting a minor for sexual activity
- Engaging in sex trafficking
- Knowingly creating, possessing, or disseminating child pornography
- threatening or causing physical harm;
- extreme verbal, emotional, or psychological abuse; or
- other conduct which threatens or endangers the health or safety of any person or damages their property.
- implied threats or
- acts that cause the Complainant reasonable fear of harm.
- repeated and/or severe aggressive behavior
- that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant,
- that is not speech or conduct that is otherwise protected by the First Amendment.
Violation of any other MCCC policies or associated procedures may constitute a violation of this policy when the violation is motivated by actual or perceived sex, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.
Sanctions for the above-listed offenses range from warning through expulsion/termination. Force, Coercion, Consent, and Incapacitation
As used in the offenses above, the following definitions and understandings apply:
Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).
Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.
Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
- knowing, and
- voluntary, and
- clear permission
- by word or action
- to engage in sexual activity.
Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.
Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected.
Proof of consent or non-consent is not a burden placed on either party involved in a complaint. Instead, the burden remains on MCCC to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.
Consent in relationships must also be considered in context. When parties consent to BDSM or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, thus MCCC’s evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to this policy that assumes non-kink relationships as a default.
Incapacitation: A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drug consumption. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.
It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.
Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).
Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.
Discriminatory harassment constitutes a form of discrimination that is prohibited by this policy. Discriminatory harassment is defined as unwelcome conduct by any member or group of the MCCC community on the basis of actual or perceived sex/gender.
MCCC does not tolerate discriminatory harassment of any students, (including dual enrolled students) student organizations, faculty, administrators, staff and third parties such as guests, visitors, volunteers, invitees and campers. MCCC will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile environment.”
A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities. This discriminatory effect results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive.
When discriminatory harassment rises to the level of creating a hostile environment, MCCC may also resolve the matter through the appropriate process and impose sanctions as necessary.
MCCC reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature and not based on sex/gender. Addressing such conduct will not result in the imposition of MCCC’s discipline policy, but may be addressed through respectful conversation, remedial actions, education, and/or other informal resolution mechanisms.
Faculty and staff in positions of authority need to be sensitive of the potential for sexual harassment and conflicts of interest in personal relationships with their students and subordinate staff. Amorous or sexual relationships where this power dynamic exists are addressed in Sexual Harassment policy (6.14) Consensual Relationships that result in allegations of sexual harassment or other civil rights offenses will be processed using this policy.
Protected activity under this policy includes reporting alleged misconduct that may implicate this policy, participating in the resolution process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this policy.
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. MCCC will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.
MCCC and any member of the MCCC community are prohibited from taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Filing a complaint under another MCCC policy could be considered retaliatory if those allegations could be subject to this policy, when the policy allegations are made for the purpose of interfering with or circumventing any right or privilege provided afforded within this policy that is not provided by other MCCC operating procedures. Therefore, MCCC carefully vets all complaints to ensure this does not happen, and to ensure that complaints are routed to the appropriate process. The exercise of rights protected under the First Amendment does not constitute retaliation. Pursuing a policy violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
All MCCC employees (faculty, staff, administrators) are expected to report actual or suspected discrimination, harassment, and/or retaliation to appropriate officials immediately, although there are some limited exceptions.
In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment in a way that identifies the parties. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.
If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.
The following sections describe the reporting options at MCCC for a Complainant or third-party (including parents/guardians when appropriate):
If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:
- Community-based (non-employees):
- Employee Assistance Program (EAP)/Student Assistance Program
- Licensed professional counselors and other medical providers
- Local rape crisis counselors
- Domestic violence resources
- Local or state assistance agencies
All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, professional credentials, or official designation, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.
Mandated Reporters and Formal Notice/Complaints
Mandated Reporters must promptly share with the Title IX Coordinator all known details
of a report made to them in the course of their employment.
Employees must also promptly share all details of behaviors under this Policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.
Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.
Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from MCCC.Supportive measures may be offered as the result of such disclosures without formal MCCC action.
Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment or discrimination of which they become aware is a violation of MCCC Policy and can be subject to disciplinary action for failure to comply. Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this Policy, they still have a duty to report their own misconduct, though MCCC is technically not on notice simply because a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.
Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.
When a Complainant Does Not Wish to Proceed
If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, and/or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.
The Title IX Coordinator has ultimate discretion over whether MCCC proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process, usually upon completion of an appropriate violence risk assessment. The Title IX Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires MCCC to pursue formal action to protect the community.
A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. MCCCs may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes. The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and MCCC’s ability to pursue a Formal Grievance Process fairly and effectively.
When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this Policy.
When MCCC proceeds, the Complainant (and/or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence or testimony.
Note that MCCC’s ability to remedy and respond to notice may be limited if the Complainant does not want MCCC to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing MCCC’s obligation to protect its community.
In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow MCCC to honor that request, MCCC may offer informal resolution options (see below), supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action.
If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by MCCC and to have the incidents investigated and properly resolved through the associated procedures. Please consider that delays may cause limitations on access to evidence, or present issues with respect to the status of the parties.
Federal Timely Warning Obligations
Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, MCCC must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community. MCCC will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.
False Allegations and Evidence
Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination. Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under appropriate MCCC policies.
The MCCC community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to MCCC officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.
It is in the best interests of the MCCC community that Complainants choose to report misconduct to MCCC officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.
To encourage reporting and participation in the process, MCCC maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.
Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to Respondent with respect to a Complainant.
Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves. MCCC maintains a policy of amnesty for students who offer help to others in need. Although policy violations cannot be overlooked, the MCCC may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.
Sometimes, employees are hesitant to report harassment, discrimination, or retaliation they have experienced for fear that they may get in trouble themselves. MCCC may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.
Federal Statistical Reporting Obligations
Certain institutional officials–those deemed Campus Security Authorities–have a duty to report the following for federal statistical reporting purposes (Clery Act):
- All “primary crimes,” which include criminal homicide, rape, fondling, incest, statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, and arson
- Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property
- VAWA-based crimes, which include sexual assault, domestic violence, dating violence, and stalking
- Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and drug law violations
All personally identifiable information is kept private, but statistical information must be shared with Campus Safety & Security regarding the type of incident and its general location (on or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.
Campus Security Authorities include student affairs/student conduct staff, Campus Safety & Security, local police, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.
Preservation of Evidence
The preservation of evidence in incidents of sexual assault and stalking is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. MCCC will inform the Complainant of the importance of preserving evidence by taking actions such as the following:
- Seek forensic medical assistance at the hospital nearest to you, ideally within 120 hours of the incident (sooner is better).
- Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
- If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
- If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure evidence container.
- Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.
- Evidence in the form of text and voice messages will be lost in most cases if the Complainant changes their phone number.
- Make a secondary recording of any voice messages and/or save the audio files to a cloud server.
- Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook).
- Save copies of e-mail and social media correspondence, including notifications related to account access alerts.
- Take timestamped photographs of any physical evidence including notes, gifts, etc. in place when possible.
- Save copies of any messages, to include those showing any request for no further contact.
- Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible.
During the initial meeting between the Complainant and the Title IX Coordinator, the importance of taking these actions will be discussed, if timely.
Dismissal (Mandatory and Discretionary)
MCCC must dismiss a Formal Complaint or any allegations therein if, at any time during the grievance process, it is determined that:
- The conduct alleged in the Formal Complaint would not constitute sexual harassment as defined above, even if proved
- The conduct did not occur in an educational program or activity controlled by MCCC and/or MCCC does not have control of the Respondent
- The conduct did not occur against a person in the United States
At the time of filing a Formal Complaint, a Complainant is not participating in or attempting to participate in MCCC’s education program or activity, and based on the available information, the Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of MCCC.
MCCC may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing:
- A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein
- The Respondent is no longer enrolled in or employed by MCCC
- Specific circumstances prevent MCCC from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein
A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it. Upon any dismissal, MCCC will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.
This dismissal decision is appealable by any party under the associated procedures for appeal Section 36 of the Sexual Misconduct Operation Procedures The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.
This policy supersedes any previous policies addressing sexual harassment, sexual misconduct, discrimination, and/or retaliation for incidents occurring on or after August 14, 2020, under Title IX and will be reviewed annually by the Title IX Coordinator. MCCC reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.
 These definitions are consistent with the definition of sexual assault in the 2020 Title IX regulations, the Clery Act, and the Violence Against Women Act.
 The standards for force, coercion, consent, and incapacitation used for assessing prohibited conduct on the basis of sex apply to conduct which constitutes sexual harassment under Title IX (34 CFR §106.30) as well as instances of sex discrimination outside of Title IX.
 Bondage, discipline/dominance, submission/sadism, and masochism.