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Discrimination is any distinction, preference, advantage, or detriment given to a person based on one or more actual or perceived civil rights classifications.

Discriminatory Harassment is verbal or physical conduct, based on one or more actual or perceived civil rights classifications, that is sufficiently severe, persistent, or pervasive to alter the conditions of a person’s employment and/or unreasonably interfere with a person’s ability to participate in or benefit from the System or College’s educational program and/or activities, from both a subjective and objective viewpoint.

Retaliatory Harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination and/or harassment.

Sexual Misconduct includes, but is not limited to:

  • Sexual Harassment
  • Non-Consensual Sexual Contact (or attempts to commit same)
  • Non-Consensual Sexual Intercourse (or attempts to commit same)
  • Sexual Exploitation
  • Sexual Harassment is:
    • unwelcome, sexual or gender-based verbal, written, online and/or physical conduct that is,
    • sufficiently severe, persistent, or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone the ability to participate in or benefit from the System or College’s educational program and/or activities, or work activities, and
    • the unwelcome behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
      • Quid pro quo sexual harassment exists when there are:
        • unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, and
        • submission to or rejection of such conduct results in adverse educational or employment action; or
        • affects the terms or conditions of education or employment, or activities with the System or College.
  • Non-consensual sexual contact is:
    • any intentional sexual touching,
    • however slight,
    • with any object,
    • by any individual upon any individual,
    • that is without consent and/or by force.
  • Non-consensual sexual intercourse is:
    • any sexual penetration or intercourse (anal, oral or vaginal);
    • however slight,
    • with any object,
    • by any individual upon any individual,
    • that is without consent and/or by force.

Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

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.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces consent.

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, 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.

Sexual activity with someone whom one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of College policy.

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental disability, sleep, involuntary physical restraint, or from the ingestion of rape drugs. Possession, use and/or distribution of any of these substances, including, but not limited to Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at the Rape Treatment Center. Having sex with someone whom you know to be, or should know to be, incapacitated (mentally or physically) is a violation of College policy.

Use of alcohol or other drugs will never function as a defense to a violation of College policy.

  • Sexual exploitation occurs when anyone takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.
  • Invasion of sexual privacy
  • Prostituting another person
  • Non-consensual video or audio-taping of sexual activity
  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)
  • Engaging in voyeurism
  • Knowingly transmitting a sexually transmitted infection (STI) or human immunodeficiency virus (HIV) to another person
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation
  • Viewing or possessing child or adult pornography at work or on System or College owned property
  • Sexting

Other forms of sexual misconduct include, but are not limited to, the following, when the act is based on a person’s actual or perceived sex or gender:

  • Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person.
  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the System or College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity; hazing is also illegal under Colorado law.
  • Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally.
  • Stalking, defined as a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.
  • Violation of any other System or College rule.

For more information on Discrimination/Harassment, please refer to SP 3-50b and SP 4-31a. For more information on Sexual Misconduct, please refer to SP 3-120a and SP 4-120a.