Sexual Misconduct

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Sexual misconduct includes unwanted sexual activity, touching, or behavior. Attempting these behaviors is also sexual misconduct.

Alcohol and drug use NEVER excuse or lessen violations to the Sexual Misconduct Procedure. Possession, use, or distribution of any rape drug, such as Rohypnol, Ketamine, GHB, etc. is a violation of the Sexual Misconduct Procedure. Learn more about rape drugs.

Read the Colorado Community College System Civil Rights and Sexual Misconduct Resolution Process Procedure (SP 19-60a) here. Sexual misconduct includes, but is not limited to, the following:

• Sexual Harassment
• Non-consensual Sexual Contact
• Non-consensual Sexual Intercourse
• Sexual Exploitation

Sexual harassment is unwanted behavior or language based on gender that prevents someone from attending or benefiting from class, work, or other ACC activities. Harassment can happen between any two people and can be mild or severe.

• Unwanted sexual advances or asking for sexual favors
• Gender-based stalking, bullying, intimidation, or hazing
• Denying employment, education, opportunities, or benefits based on gender
• Attempting to coerce an unwilling person into a sexual relationship
• Violence between people in an intimate relationship
• Punishing a request to engage in a sexual act
• Requiring a sexual act in exchange for a benefit
• Repeatedly giving someone unwelcome sexual attention

Consent must be clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give effective consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.

Non-consensual sexual contact is any sexual touching that is on purpose, without consent, and / or by force.

Examples:

• Groping or fondling
• Making someone touch you sexually
• Touching someone's backside or breasts without consent

Non-consensual sexual intercourse is any sexual penetration without consent and / or by force, or trying to do the same.

Examples:

• Rape
• Unwanted oral sex

Sexual exploitation is taking advantage of another person in a sexual situation.

Examples:

• Invasion of sexual privacy
• Prostituting another person
• Recording sexual activity (video or audio) without consent
• Knowingly transmitting a sexually transmitted infection or HIV to another person
• Watching another person in a sexual or otherwise intimate situation without their consent

Internal Reporting

If you have experienced sexual misconduct or suspect that someone else in the ACC community has, Report it. Help make ACC a safe community free of sexual misconduct.

Please complete a Student Complaint Incident Report Form. For additional information, please refer to CCCS's Sexual Misconduct Procedure or the ACC Student Handbook.

To talk to someone or to submit the complaint form, please contact the Title IX or Deputy Title IX Coordinator.

ACC employees have an obligation to report anything they are aware of related to discrimination and harassment. If you have questions or are unsure, contact Human Resources or the Dean of Students Office.

Outside Reporting

In addition to reporting to CCCS/ACC, any person has the right to file a police report. Complainants requiring assistance with this should contact the Title IX/EO Coordinator. Student Complainants also have the right to make inquiries and/or file a complaint with:

Office for Civil Rights (OCR)
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303.844.5695
Facsimile: 303.844.4303
Email: ocr [dot] denver [at] ed [dot] gov (ocr[dot]denver[at]ed[dot]gov)
Web: http://www.ed.gov/ocr

Employee Complainants also have the right to make inquiries and/or file a complaint with:

Colorado Department of Regulatory Agencies (DORA)
Colorado Civil Rights Division (CCRD)
1560 Broadway
Suite 825
Denver, CO 80202
Telephone: 303.894.2997
Facsimile: 303.8947570
Email: dora_CCRD [at] state [dot] co [dot] us (dora_CCRD[at]state[dot]co[dot]us)
Web: https://www.colorado.gov/pacific/dora/civil-rights
Or
United States Equal Employment Opportunity Commission (EEOC)
303 E. 17th Avenue
Suite 410
Denver, CO 80203
Telephone: 800.669.4000
Facsimile: 303.866.1085
Web: https://www.eeoc.gov/field-office/denver/location

1. Go to a safe place and call someone. Call 911.
2. Do not shower, wash your hands or fingernails, change or remove any clothing, or apply or take medication. Any of these actions could alter or destroy physical evidence.
3. Go to a hospital for medical attention.
4. Get help, like counseling or victim assistance.

On campus: Dean of Students Office, in room M2735, or Campus Police, in room M2600 in the Main Building on the Littleton Campus, can connect you with these services. Either office can also help you report the incident if you choose to do so. Call 303.797.5674 or 303.797.5800 to find out more.

Off-campus: If you cannot get to the Littleton campus or it is after hours, contact The Blue Bench, Denver's rape crisis center. Call their 24-hour hotline at 303.322.7273. Learn more about The Blue Bench on their website.

You can also contact the local victim assistance program, through the town or area you live in. Our Campus Police can also assist you in accessing these services.

Littleton Police Department Victim Services Unit at 303.797.3713 or visit their website.
Douglas County Victim Services 303.660.7535 or visit their website.
Castle Rock Police Department at 303.663.6100 or visit their website.

College staff are required to report alleged violations under Title IX.  If you would like to speak to someone but not report the alleged violation, you can get a counseling referral from the Dean of Students Office or contact The Blue Bench at 302.322.7273.

On campus: Dean of Students Office, in Room M2735, or Campus Police, in room M2600, of the Main Building on the Littleton Campus, can connect you with these services. Either office can also help you report the incident if you choose to do so. Call 303.797.5674 or 303.797.5800 to find out more.

Off-campus: If you cannot get to the Littleton Campus or it is after hours, contact The Blue Bench, Denver's rape crisis center. Call their 24-hour hotline at 303.322.7273. Learn more about The Blue Bench on their website.

You can also contact the local victim assistance program, through the town or area you live in. Our Campus Police can also assist you in accessing these services.

1. Report the incident promptly to the Title IX Coordinator or Deputy Title IX Coordinator. Please complete a Student Complaint Incident Report Form. For additional information, please refer to ACC's Sexual Misconduct Procedure or the ACC Student Handbook.  
2. Get help, like counseling or victim assistance.
3. Littleton Police Department Victim Services Unit at 303.795.3713 or visit their website.
   Douglas County Victim Services 303.660.7535 or visit their website.
   Castle Rock Police Department at 303.663.6100 or visit their website.

College employees are required to report alleged violations under Title IX.  If you would like to speak to someone but not report the alleged violation, you can get a counseling referral from the Dean of Students Office or contact The Blue Bench at 302.322.7273.

Drinking alcohol can you more willing to take risks. Alcohol makes it harder to give and ask for consent. Sexual violence among college students involves alcohol most of the time. Alcohol makes it harder to resist unwelcome sexual advances too. It is harder to say no and harder to get away from someone who is being forceful if you've been drinking.

Protect yourself by understanding the risks, especially when you are drinking. Take care of your friends, and ask them to take care of you.

• Don't let friends put themselves in sexual situations when they've been drinking.
• Don't be afraid to speak up or ask questions about situations that make you uncomfortable.
• Speak up if someone is in a risky situation.
• Ask your friends to look out for you.
• If a friend is too drunk to make good decisions about sex, get them home safely.
• If you go to a party together, you should all leave together.

Facts about Rohypnol

Rohypnol is a tranquilizer that has been called the "date rape drug" because of its use in sexual assaults. In its most common form, Rohypnol is distributed as a small, round, white "aspirin-like" tablet. The drug is odorless, colorless, and tasteless. Street names include "roofies", "roopies" "circles", "ruffles", "roches", and "the forget pills". Rohypnol produces profound, prolonged sedation, a feeling of well-being, and short-term memory loss. The effects are felt between 15 minutes and an hour following ingestion and can last from 4-24 hours.

Protect Yourself:

• Don't drink beverages that you did not open yourself.
• Don't exchange or share drinks with anyone.
• Don't drink from a container that is being passed around.
• If someone offers you a drink at a bar or club, accompany the person to the bar, watch the drink being poured, and carry the drink yourself.
• Don't leave your drink unattended while using the restroom or making a phone call - if you realize you have, throw the drink away.
• Don't mix drugs and alcohol.

Get to a safe place and call emergency personnel, 911, if:

• You experience dizziness, extreme drowsiness, or sudden and unexplained symptoms.
• You wake up very "hung over" and experience memory lapse.
• You feel like someone had sex with you, but you can't remember it taking place.

If you are a victim of a sexual assault, you may request a medical forensic exam (formerly known as a S.A.N.E., sexual assault nurse examiner, Exam). This is important if you think you may want to seek legal action now or in the future. It is vital you obtain medical treatment as soon as possible and do not bathe, shower, douche, or change clothes until given permission by medical personnel. You can have the exam without having to report the assault to law enforcement. The cost of the forensic examination will not be billed to you. You may be responsible for medical treatment or follow-up if needed.  

The College has an agreement with the following providers for the exam:

Littleton Adventist Hospital
7700 S Broadway, Littleton, CO 80122
303.730.5800 (Emergency Room)

If you do not have transportation to the facility, you may contact a friend or family member, or on our Littleton or Castle Rock campuses, you may contact the ACC Campus Police Department at 303.797.5800. Any cost for transportation is the responsibility of the student.

Under Colorado law, public colleges are required to provide this information for students who are victims of sexual assault. If you have any questions, please contact the Title IX or Deputy Title IX Coordinator (listed on this page), or Campus Police.

Arapahoe Community College is required under Title IX of the Education Amendments of 1972 and the Office for Civil Rights, Department of Education, not to discriminate on the basis of sex.

Arapahoe Community College (ACC) prohibits all forms of discrimination and harassment including those that violate federal and state law or the State Board for Community Colleges and Occupational Education Board Policy 19-60. Individuals affiliated with the Colorado Community College System, including its Colleges (CCCS or System) shall not discriminate or harass on the basis of sex, gender, race, color, age, creed, national or ethnic origin, ancestry, physical or mental disability, familial or marital status, veteran or military status, pregnancy status or related conditions, religion, genetic information, gender expression, gender identity, sexual orientation sex characteristics, sex stereotypes, or any other protected category under applicable local, state or federal law (also known as “civil rights laws”), in connection with employment practices or educational programs and activities, including in admissions. Individuals shall not retaliate against any person who opposes discrimination, harassment, or retaliation, or participates in any complaint or investigation process.

The College has designated Angela Johnson as the Title IX Coordinator with the responsibility to coordinate the College’s civil rights compliance activities and complaint procedure related to Title IX of the Education Amendments of 1972. For more information, please see the information available on the ACC website regarding Sexual Misconduct and Title IX. If you have any questions, please contact Angela Johnson at 5900 S. Santa Fe Drive, Littleton, CO, 80120, telephone: 303.797.5715, email: eoandtitleixcoordinator [at] arapahoe [dot] edu (eoandtitleixcoordinator[at]arapahoe[dot]edu).

The College prohibits any acts of retaliation. Retaliation is defined as any adverse employment or educational action taken against a person because of the person’s participation, or perceived participation, in a complaint or investigation of discrimination and/or harassment. Retaliation also includes any act to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege provided by applicable civil rights laws, policies, and procedures.

• A statement that says something to the effect of: Employees who become aware of a student's pregnancy or related condition are required to provide the student with the contact information of the Title IX/EO Coordinator so they can coordinate specific actions to ensure the student’s access to the college’s educational program or activity. To request reasonable modifications for pregnancy or related conditions, contact the Title IX/EO Coordinator at the above information.
• Reasonable modifications may include, but are not limited to: ▪ Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
  • Intermittent absences to attend medical appointments
  • Access to online or homebound education
  • Changes in schedule or course sequence
  • Extensions of time for coursework and rescheduling of tests and examinations
  • Allowing a student to sit or stand or carry or keep water nearby.
  • Counseling
  • Changes in physical space or supplies (for example, access to a larger desk or a footrest)
  • Elevator access
  • Other changes to policies, practices, or procedures
• For more information about the college’s policy regarding pregnancy or related conditions, contact the Title IX/EO Coordinator.

• “Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no complaint has been filed. Such measures are designed to restore or preserve equal access to educational and employment programs and/or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational/employment environment or deter sexual harassment. Supportive measures may include (but not limited to): 
  • Counseling
  • Reporting to law enforcement
  • Extensions of deadlines or other course-related adjustments
  • Modifications of work or class schedules
  • Campus escort services
  • Mutual restrictions on contact between the parties
  • Changes in work or housing locations
  • Leaves of absence
  • Increased security and monitoring of certain areas of the campus
  • Other similar measures

• From the ACC Title IX Brochure under the VAWA section:

  • “Sexual Assault” is an offense classified as a forcible or nonforcible sex offense as defined by the Federal Bureau of Investigations uniform crime reporting system. Sexual assault includes rape, fondling, incest, and statutory rape.

  • “Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

  • “Domestic Violence” includes any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.

  • “Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress.

• For more information about supportive measures, contact the Title IX/EO Coordinator.

If You Experience Sexual Misconduct:

1. Talk to ACC’s Title IX Coordinator or Deputy Title IX Coordinator.

2. Get help. ACC can connect you with an on or off campus counseling service or victim assistance. Stop by the Dean of Students Office (M2720 2nd floor, Littleton Campus) or call 303.797.5730. Want to talk now? Call the Blue Bench 24-hour crisis hotline at 303.322.7273.

If You Experience Sexual Violence:

1. Go to a safe place and call someone. Call 911.

2. Don’t shower, wash your hands, change or remove your clothes, or apply or take medication. This could alter or destroy physical evidence.

3. Go to a hospital for medical attention.

4. Get help, like counseling or victim assistance.

College staff are required to report alleged violations under Title IX.

Confidential Resources

If you would like to speak to someone or are not sure if you want to report the alleged violation, the Dean of Students Office can connect you to on or off campus counseling resources; you can also contact The Blue Bench at 303.322.7273.

• If you are a victim of a sexual assault, you may decide to request a medical forensic exam from a Sexual Assault Nurse Examiner (SANE) to preserve evidence that may be used for the purposes of legal action. While you do not need to decide immediately if you want to report to law enforcement or pursue legal action, the preservation of evidence is most effective when done immediately after an assault. It is ideal to obtain medical treatment as soon as possible before bathing, showering, douching, or changing clothes. There is no cost to the exam. You may go to the following emergency room providers to request a SANE exam: AdventHealth Littleton Emergency Care (for Littleton Campus) and AdventHealth Castle Rock Emergency Care (for Sturm Collaboration Campus at Castle Rock and Legacy Campus). If you do not have transportation to the facility, you may contact a friend or family member, ACC Campus Police, medical transport by calling 9-1-1, sexual assault advocates that will provide transportation, taxi service, public transportation, or other providers. Any cost for transportation is the responsibility of the student. Victims who chose to have a medical forensic examination done are not obligated, at any time, to participate in a law enforcement
• Along with any administrative proceedings with the College. If you have further questions, please contact your Title IX Coordinator.
• ACC has MOUs to conduct SANE examinations with AdventHealth Littleton and AdventHealth Castle Rock.

For information about obtaining training materials for Coordinators, Informal Resolution Facilitators, Investigators, Decision-Makers, and Appeals, please visit the CCCS website (Appendix B - Training Requirements).