Title IX
Title IX of the Education Amendments of 1972 states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefit of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."
Jefferson College does not discriminate on the basis of sex in its educational, extracurricular, athletic, and other programs, or in the context of employment. Any person who is aware of or has experienced any form of sex-based discrimination or sexual harassment may make a report in person, verbally, by phone, in writing through mail or electronic mail, through the College's Maxient reporting portal, or any other manner that delivers the information to the Title IX Coordinator at any time.
Title IX Coordinator
Kristine Bogue
Student Center, Room 209
1000 Viking Drive, Hillsboro, MO 63050
kbogue1@jeffco.edu
(636) 481-3258
Deputy Title IX Coordinators
Alicia Smith
Director of Talent Acquisition & Organizational Design
Administrative Building, Room 131-C
All employees of the College, unless specifically designated as a Confidential Reporting Source for Title IX, are required to report matters that fall under the Jefferson College Title IX Sexual Harassment Procedure and Grievance Process to the Title IX Coordinator or to a Deputy Title IX Coordinator.
Jefferson College’s Confidential Reporting Source is the licensed mental health therapist contracted to provide counseling services for the student body (office located on the second floor of the Student Center, or by calling (636) 481-3333, TTY Users dial 711, to make an appointment).
An individual may also file a complaint with the U.S. Department of Education’s Office for Civil Rights, the Equal Employment Opportunity Commission and/or the Missouri Human Rights Commission.
Jefferson College will respond promptly, equitably, and thoroughly to all reports of Sexual Harassment in order to eliminate the harassment, prevent its recurrence, and address the effects or impacts on any individual(s) involved.
Upon receipt of a report, the Jefferson College Title IX Coordinator (or Deputy Title IX Coordinator) will review and assess whether the reported conduct would fall within the scope of the Title IX Sexual Harassment Procedure and Grievance Process.
If the reported conduct falls within the scope of the Title IX Sexual Harassment and Grievance Process, the Title IX Coordinator will respond promptly to the Complainant to present options for filing a formal complaint, to discuss the availability of and implementation of supportive measures designed to preserve educational and/or program access (including safety options and options for reporting to law enforcement), as well as to discuss the investigation and grievance process. The Title IX Coordinator will take the Victim/Complainant’s wishes into account when presenting information and evaluating whether or not to file a formal complaint against the responding party (Respondent).
If the reported conduct falls outside the scope, the report may be referred to another Jefferson College Policy or Procedure, where appropriate.
Jefferson College will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individuals who have made a report or filed a formal complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as may be permitted by:
- the FERPA (Family Educational Rights and Privacy Act) statute or FERPA regulations;
- requirements of law; or
- to carry out the purposes of the regulations of Title IX, including the investigation, hearing, or judicial proceeding arising as a result of allegations of sex discrimination or Sexual Harassment.
In cases where a formal complaint has been filed, disclosures of identities are necessary in order to provide the proper notice as required under federal regulations. However, in all cases the disclosure of personally identifiable information will be conducted with the utmost attention to the privacy of the individuals involved.
In order to comply with the federal law known as the Clery Act, the College is required to collect and report specific statistical information related to incidents of sexual assault, domestic violence, dating violence, and stalking that take place on College owned or controlled properties or at College-sponsored programs or events. This information is provided to the College’s Clery Compliance Coordinator for assessment for inclusion in daily crime statistics, timely warning reports, and for potential inclusion in the College’s Annual Safety and Security Report. The information contained in Clery reports tracks the number of Clery-reportable offenses and does not include the names or identifying information about the person(s) involved in the report. The College may share non-identifying information about reports received in aggregate form.
Supportive measures are free of cost and can be implemented in conjunction with or in the absence of a formal complaint, and are available to any impacted party, including Complainants, Respondents, Witnesses, or other third-parties.
Students or employees who have questions about supportive measures that are available to them in the aftermath of sexual assault, domestic violence, dating violence, stalking, or any form of Sexual Harassment are strongly encouraged to contact the Title IX Coordinator to discuss their options. View a two page brochure about how Jefferson College addresses sexual misconduct.
- Counseling Services: Contact (636) 481-3333, TTY Users dial 711, or counseling@jeffco.edu to schedule an appointment.
- Central Methodist University Clinical Counseling Services for students: Email cccjeffco@centralmethodist.edu to schedule a virtual appointment.
- Personal Assistance Services for full-time employees
- Jefferson College Police Department: Safety escorts may be provided as well as support for overall safety concerns. Contact (636) 481-3500 or 911 in an emergency.
- Academic Success Center: Located on the first floor of B. Ray Henry Hall on the Hillsboro campus. Staff in the ASC can assist students with tutoring, test preparation, and writing skills. ASC also has resources at the Arnold location, and via online services.
- Financial Aid Office: Located on the first floor of the Student Center, staff in the Financial Aid office can assist a student with questions or concerns related to their financial aid package.
- Accessibility Resource Office: Located in Charles McClain Hall, Room 104. Staff in ARO can assist students who may wish to learn more about accessibility resource accommodations on campus.
- Residential Life accommodations (when applicable): This may include a room or apartment change, space permitting.
- Reciprocal No Contact Orders: Either party may request a No Contact Order at any point in the process or in the absence of a formal complaint. No Contact Orders are reciprocal, non-punitive administrative orders from the school designed to preserve all parties' access to educational and employment opportunities.
- Change of Class Schedule or other academic arrangements: Either party may request or be assigned a class schedule change as available. Other academic accommodations may be implemented in conjunction with the Title IX Coordinator and Instructional staff/faculty.
- Change of Working environment: In conjunction with Human Resources and the Title IX Coordinator, employees (including student workers) may receive supportive measures within the working environment in order to maximize safety and minimize disruption.
The Title IX Coordinator may refer a person to any of these community resources in order to provide additional support as needed:
- The 988 Lifeline: The 988 Lifeline is a national network of local crisis centers that provides free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week in the United States. Dial 9-8-8
- Trans Lifeline Hotline: (877) 565-8860 A grassroots hotline and microgrants non-profit organization offering direct emotional and financial support to trans people in crisis - for the trans community, by the trans community.
- St. Louis Queer+ Helpline: Offers free, confidential, and identity-affirming emotional support and resource referrals, by and for St. Louis LGBTQIA+ community. Call anytime between Friday to Monday, 1 pm to 7 pm, (314) 380-7774 or (844) 785-7774. Although they are a St. Louis-specific organization, they welcome calls from anywhere. Their volunteers are still able to provide peer counseling and emotional support, but would work collaboratively to search for and explore suitable resources in your area.
- Domestic Violence Shelter and support in Jefferson County: A Safe Place, Compass Health Network, (636) 232-2301
Any person desiring more information on College or Community Resources in the aftermath of any form of sexual assault or sexual harassment is strongly encouraged to contact the Title IX Coordinator and/or make a report to local law enforcement.
Pregnancy Policy
Title IX of the Education Amendments of 1972 (“Title IX”) also prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities. Title IX also ensures the right to take medically necessary leave and to be free of harassment, intimidation, or other discrimination because of pregnancy-related conditions.
Lactation Rooms:
- Hillsboro: AS Building, Room #107D, see Miranda Gallaway in Room #110; CTE, Room #142D, left unlocked; Library: Two rooms on second floor. Click here to book room 202 or here to book room 214 or see Library Staff for assistance.
- Arnold: Room #111A, left unlocked.
Schools are required to provide pregnant students, and students with related conditions such as childbirth, or false pregnancy, with at least the same special services as it provides to students with other temporary conditions. To request a reasonable accommodation, please contact one of the Title IX Coordinators above or fill out an accommodation request here.
For additional information, please contact a Title IX Coordinator and/or visit:
- Accessibility Resource Office to review the manual for information on Temporary Disabilities.
- U.S. Department of Education, Know Your Rights
- Generation Hope report on Student-Parent Survey Results & Recommendations
- Jefferson College Pregnancy and Related Conditions Policy
Policy
Definitions
Sexual Harassment is any conduct on the basis of sex that satisfies one or more of the following:
- An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or
- Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in the Clery Act amended by the Violence Against Women Act (VAWA).
Sexual Assault is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual Assault includes, but is not limited to, the following acts when they occur without consent of the victim:
- Any penetration, however slight, of the genitals or anus of one person with the genitals of another person,
- Any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person,
- Any sexual act involving penetration, however slight, of the genitals or anus of one person by a finger, instrument, or object,
- Touching of another person’s genitals or breasts under or over the clothing,
- Touching of one person with the genitals of another person under or over the clothing,
- The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. It also means the forced touching by the victim of the actor's clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation,
- Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law,
- Sexual intercourse with a person who is under the statutory age of consent.
Dating violence is a felony or misdemeanor crime of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim (Complainant). The existence of such a relationship shall be based on consideration of the following factors that include the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 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.
Domestic violence is a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim (Complainant); by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker 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. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Consent is an active, conscious, voluntary, and freely-given decision by each participant to engage in mutually agreed-upon sexual activity. Consent must exist from the start to the finish of each form of sexual contact. Consent consists of mutually understandable words and/or actions that indicate a willingness to engage freely in sexual activity. Consent can never be effectively gained by force, threats, coercion, or by taking advantage of the incapacitated state of another individual. A lack of physical resistance or a lack of verbal refusal does not indicate that the person is providing consent. Consent may not be assumed or inferred based upon silence, passivity, lack of resistance, or lack of active response.
Any party may withdraw their consent for the sexual activity at any time during the sexual activity. Withdrawal of consent may be demonstrated in a variety of ways through words or actions that indicate a desire to end the sexual activity. Once consent is withdrawn, sexual activity must cease immediately. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout the states of sexual activity. Consent to one form of sexual contact does not constitute consent to all forms of sexual contact. Consent to sexual activity with one person does not constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant. Additionally, individuals with a previous or current intimate relationship to each other do not automatically give initial or continual consent to sexual activity. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.
Force is the use or threat of physical violence, intimidation, or coercion in order to overcome another individual’s freedom to choose whether or not to participate in sexual activity. For the use of force to be demonstrated, there is no requirement that an individual resist the sexual advance or request, however, resistance will be viewed as a clear demonstration of non-consent.
Coercion is the use of unreasonable pressure that compels another individual to initiate or continue sexual activity against their will. Coercion can include a range of behaviors, including physical/emotional force, intimidation, manipulation, implied threats, misuse of authority, or blackmail which places a person in fear of immediate harm or physical injury that causes them to engage in undesired sexual activity. Continuing to pressure an individual who has made it clear that they do not want to engage in sexual activity or go beyond a certain point of sexual interaction may be considered coercive. When evaluating coercive behavior, factors such as the frequency, duration, location (in regard to potential isolation of the recipient of the unwanted sexual contact), and intensity of coercive behaviors will be considered.
Incapacitation is a state where an individual is unable to make an informed decision to engage in sexual activity because they lack conscious knowledge of the nature of the act (an ability to understand the who, what, when, where, why, or how of the sexual interaction). An individual who is incapacitated is unable to provide effective consent. An individual who knows or who should have reasonably known under the circumstances that the individual(s) they are attempting to or have engaged in sexual activity with violates this policy if the behavior falls within the elements found in the Prohibited Conduct section of this policy. Behavior that may occur outside of the elements of Prohibited Conduct may be addressed by other College policies and procedures.
Incapacitation is defined as the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically unable to make informed, reasonable judgments. An individual is incapacitated, and therefore unable to provide effective consent, if they are asleep, unconscious, or otherwise unaware that sexual activity is occurring.
Incapacitation may result from the use of alcohol and/or drugs. Incapacitation is a state beyond drunkenness or intoxication. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, however, warning signs that a person may be approaching incapacitation include slurred speech, vomiting, diminished coordination, erratic behavior, combativeness, loss of consciousness, or emotional volatility. Evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual’s decision-making ability, awareness of consequences, ability to make informed judgments, and/or capacity to appreciate the nature of the act(s).
Evaluating incapacitation also requires an assessment of whether a person should have been aware of the other individual’s (or individuals’) incapacitation based on objectively and reasonable apparent indications of impairment when viewed from the perspective of a reasonable sober person. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the safest course of action is to forgo or cease any sexual contact or activity. Use of alcohol or drugs is never an excuse for a person to commit Sexual Harassment (inclusive of all forms of sexual assault, dating violence, domestic violence, and stalking under this policy) and does not diminish a person’s responsibility to obtain informed, freely-given, and effective consent.
Please see the Jefferson College Title IX Sexual Harassment Policy and Grievance Process for students and employees.
Jefferson College will investigate allegations in a formal complaint, unless the College is prohibited from doing so by Title IX regulations or other laws.
A formal complaint may be filed in one of two ways:
- The Complainant can choose to initiate the formal complaint and grievance process by, in writing or via electronic message, indicating to the Title IX Coordinator their desire to have the College investigate their report. The complaint must be signed (either physically or digitally, or in some other way that makes it clear that the Complainant is the person filing the complaint) and sent to the Title IX Coordinator. The Complainant must be the person who experienced the Sexual Harassment and who is participating in or attempting to participate in the College’s education activity or programs. A person who is not affiliated with the College is unable to initiate a formal complaint under these procedures.
- Where a Complainant may decline to file a formal complaint, the Title IX Coordinator will assess the known circumstances of the situation and determine whether or not a formal complaint will be filed by the Title IX Coordinator themselves. In this situation, the Title IX Coordinator will contact the Complainant to discuss supportive measures, the filing of a formal complaint, and the grievance process. The Title IX Coordinator will take the Complainant’s wishes into account as well as the need for campus safety when evaluating whether or not to file a complaint. In the event that the Title IX Coordinator initiates the formal complaint and grievance process, the Title IX Coordinator does not become the Complainant but is still responsible for the coordination of an equitable and thorough grievance process.
Jefferson College seeks to remove barriers to individuals reporting Sexual Harassment. An individual who reports or who is involved in a report of Sexual Harassment will not be subject to disciplinary action for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that such violations did not and do not place the physical health or safety of another person at risk. Jefferson College may initiate an educational discussion or pursue other educational or therapeutic methods regarding alcohol or other drugs for those individuals.
No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege under Title IX or the Jefferson College Title IX Sexual Harassment Procedure and Grievance Process. Retaliation includes, but is not limited to, words or actions that intimidate, threaten, coerce, or discriminate against someone whole or in part because an individual has:
- Made a report or filed a complaint alleging misconduct under this policy;
- Provided information, statements, or other information for an investigation;
- Assisted in or participated in any part of the grievance or hearing process;
- Refused to participate in any part of an investigation, grievance, or hearing process; or who has
- Exercised other rights under this policy.
Note: The exercise of First Amendment/free speech rights is not considered Retaliation under the Jefferson College Title IX Sexual Harassment Procedure and Grievance Process. Additionally, a determination of responsibility (whether that be for a finding of responsible or not responsible) does not indicate on its own that the other party (or parties) made materially false or bad faith statements.
Jefferson College expects all members of our community to participate in the process of creating a safe, welcoming, and respectful environment on campus and in campus programs and activities. In particular, the College expects that Jefferson College community members will be active bystanders and will take reasonable and safe actions to prevent or stop an act of Sexual Harassment should they witness one. Taking action could include, but is not limited to, direct intervention when it is safe for one to do so, enlisting the assistance of friends or other persons to assist, and/or contacting or seeking support from person(s) in authority. Community members who choose to take these actions will be supported by the College and protected from retaliation as well as from policy violations that may have been present during the situation, such as underage alcohol use or drug use.
