SB Therefore, consent cannot be obtained from someone who is under the age of 17, as that person is legally considered to be a minor. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know β or reasonably should know β to be incapacitated constitutes sexual assault.
Agreement under such circumstances does not constitute consent. Complainant : A complainant is an individual who is alleged to be the victim of conduct that could constitute dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking.
Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the consideration of the following factors:. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.
Deliberate Indifference: Deliberate indifference occurs when an institution of higher education with actual knowledge of dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking i.
When an institution of higher education responds in a clearly unreasonable manner, that response constitutes intentional discrimination. Failing to promptly respond once an institution of higher education has actual knowledge of sexual misconduct can also be considered deliberate indifference. District Complaint Coordinator: The District Complaint Coordinator, who is the Executive Director of Human Resources, is the person designated by the College to receive any complaint of sexual misconduct against or by employees; assist the Complainant in the use of the complaint form and procedures provided herein; identify a designee to conduct the investigation; provide information regarding law enforcement, medical, sexual trauma, and counseling resources; provide assistance regarding various internal and external mechanisms through which the complaint may be filed, including applicable time limits, if any, for filing with external agencies and law enforcement agencies.
