Definitions

Baton Rouge Community College uses federal and state definitions when making decisions regarding sexual misconduct:

Bystander Intervention: a philosophy and strategy for prevention of various types of violence, including bullying, sexual harassment, sexual assault, and intimate partner violence.  Bystander Intervention is based on the fact that people make decisions and continue behaviors based on the reactions they get from others. 
 
Coercion: The use of explicit or implied threats, intimidation, or physical force which places an individual in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion also includes administering a drug, intoxicant, or similar substance with the intent to impair that person's ability to consent prior to engaging in sexual activity. 

College Title IX Administrators: Any of the following that have been appointed or may have volunteered to serve as a Title IX representative for the college: College Title IX Coordinator, Deputy Title IX Coordinators, and/or Campus Title IX Coordinators. 

Complainant: An individual whose report of sexual misconduct has not yet been investigated and validated (The person who brings or files the complaint of any sexual misconduct or discrimination against another). 

Confidential Advisor: A person who will be assigned if requested to the student or employee filing the complaint. The advisor should not have any personal involvement and shall assist and/or consult with the student or employee only. The advisor shall not act as a spokesperson. The confidential advisor primarily serves to aid a student or employee involved in a sexual misconduct complaint in the resolution process as a confidential resource. As suggested by the term "confidential advisor," confidential communications with the advisor will be kept confidential in all circumstances except where the institution or advisor may be required to disclose the communications under state and federal laws. 

Consent: An affirmative decision to engage in mutually agreed upon sexual activity and is given by clear words or actions. Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity.  Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity.  Silence alone, without actions evidencing permission, does not demonstrate consent.  Consent must be knowing and voluntary.  To give consent, a person must be of legal age.  Assent does not constitute consent if obtained through coercion or from an individual whom the Alleged Offender knows or reasonable should know is incapacitated.  The responsibility of obtaining consent rests with the person initiating sexual activity.  Use of alcohol or drugs does not diminish one’s responsibility to obtain consent.  Consent to engage in sexual activity may be withdrawn by any person at any time.  Once withdrawal of consent has been expressed, the sexual activity must cease.  Consent is automatically withdrawn by a person who is no longer capable of giving consent.  A current or previous consensual dating or sexual relationship between the persons involved does not itself imply consent or preclude a finding of responsibility. 

Dating Violence (also known as Intimate Relationship Violence): The violent conduct that occurs by any person who is or has been in a social relationship of a romantic or intimate nature with the victim, according to the Louisiana (LA) Revised Statues (RS) 46:2151. The existence of such a relationship shall be determined based on a consideration of the following factors: 1. The length of the relationship 2. The type of relationship 3. The frequency of interaction between the persons involved in the relationship 
Dating violence includes, but is not limited to, physical, sexual, psychological, or emotional abuse.  Dating violence also includes stalking but does not include acts covered under the definition of domestic violence. In compliance with Title 34, Code of Federal Regulations (CFR) 668.41, reporting and disclosure of information, and the annual security report as required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), any conduct meeting this definition will is considered an offense for the purposes of Clery Act reporting. 

Domestic Violence (also known as Domestic Abuse): The intentional use of force or violence against another household member.  For the purpose of this definition, a household member is defined as: 1. By a current or former spouse or intimate partner of the victim; 2. By a person with whom the victim shares a child in common; 3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;  4. 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  5. 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. 
 
This includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family or household member against another, LA R.S. 46.2132.  In compliance with Title 34, CFR 668.41, reporting and disclosure of information, and the annual security report as required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), any conduct meeting this definition will is considered an offense for the purposes of Clery Act reporting.  
  
Family Violence (definition in Louisiana State Law):  Any assault, battery, or other physical abuse which occurs between family or household members, who reside together or who formerly resided together. La. RS 46.2121.1(2) 

Harassment: Physical, verbal and visual conduct that creates an intimidating, offensive, or hostile environment, which interferes with work performance. This includes harassment because of race, sex, sexual orientation, religious creed, color, national origin, ancestry, disability or medical condition, age, or any other basis protected by federal, state or local law, ordinance or regulation.
  
Hostile Environment: Conduct which results in an environment that is no longer conducive to a student’s ability to learn or an employee’s ability to work productively and/or effectively.  

Incapacitation: When an individual, if by reason of mental or physical condition, is manifestly unable to make a knowing and deliberate choice to engage in sexual activity. Individuals who are asleep, unresponsive or unconscious are incapacitated. Being intoxicated or under the influence of drugs or alcohol can lead to incapacitation. However, a person who is intoxicated or under the influence is not necessarily incapacitated. Other indicators that may indicate that a person may be incapacitated include, but are not limited to, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to perform other physical or cognitive tasks without assistance. 

Perpetrator: An individual found guilty of sexual misconduct or discrimination. 
Respondent:  An individual against whom a sexual misconduct or discrimination complaint is brought, which complaint has not yet been validated through investigation and/or adjudication. 

Responsible Employee:  BRCC requires all employees of the institution to report suspected or known sexual harassment or sexual misconduct to the Title IX Coordinator, Campus Police, or other appropriate school designee;  While all employees are mandated  to report such conduct, employees that have been designated by the College and have authority to take action to redress sexual violence and have been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee are considered “Responsible Employees”.  All employees designated by the College will be clearly identified and posted to the BRCC website, and published in other documents such as the Annual Security Report for easy accessibility.  Such information will contain the name(s), phone number, email address and location of each Responsible Employee.  Employees who are authorized or required by law to keep information confidential by virtue of the employee’s professional role such as Counseling Staff or similar shall not be designated as mandated reporters or as Responsible Employees. 

Retaliation: Acts or attempted acts for the purpose of interfering with any report, investigation, or proceeding under this policy, or as retribution or revenge against anyone who has reported any discrimination, Sexual Misconduct, or Relationship Violence  or who has participated (or is expected to participate) in any manner in an investigation, or proceeding under this policy. Prohibited retaliatory acts include, but are not limited to, intimidation, threats, coercion, or discrimination. Title IX prohibits Retaliation.  For purposes of the Policy an attempt requires a substantial step towards committing a violation. 

Sex Discrimination: is conduct that limits or denies a student or an employee’s right to benefit from educational or employment programs, services, or resources based on a person’s gender. 

Sexual Exploitation:  An act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person’s sexuality.  Examples of sexual exploitation include, but are not limited to, non-consensual observation of individuals who are undressed or engaging in sexual acts, non-consensual audio-or videotaping of sexual activity, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmitted infection without that individual’s knowledge. 

Sexual Harassment:  Unwelcome conduct of a sexual nature when   (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission or rejection of such conduct by a person is used as the basis for a decision affecting that person’s employment or education; (3) such conduct has the purpose and effect of unreasonably interfering with a person’s employment or education, or creating an intimidating, hostile, or offensive employment or educational environment, and has no legitimate relationship to the subject matter of a course or academic research.  Sexual Harassment also includes non-sexual harassment or discrimination of a person because of the person’s sex and/or gender including harassment based on the person’s nonconformity with gender stereotypes.  For purposes of BRCC’s Title IX and Sexual Misconduct Policy, the various forms of prohibited sexual harassment are referred to as “sexual misconduct”. 

Sexually-Oriented Criminal Offense: Any sexual assault offense as defined in:  La. R.S.  44:51 and any sexual abuse offense as defined in R.S. 14:403.  

Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress, according to LA R.S. 14:40.2.  Also, Louisiana law states that stalking shall include but not be limited to the intentional and repeated uninvited presence of a person at another person's home, workplace, or school. Additionally, such uninvited or unwanted presence can be at any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other criminal act to the person, any member of the person’s family, or anyone with whom the person is acquainted.  Harassing the repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to making telephone calls, transmitting electronic mail, sending messages, via a third party, or sending letter or pictures. LRS 14:40.2(A)

Pattern of Conduct- Pattern of Conduct is a series of acts over a period of time, however, short, evidencing an intent to inflict a continuity of emotional distress upon the person.  

Victim is an individual who, after all due investigation and/or adjudication, has been found to be the target of any sexual misconduct or discrimination. 

Victim Protection Orders- Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued after a court hearing, or the willful disobedience of a temporary restraining order or any protective order issued, criminal stay-away orders as provided for in Code of Criminal Procedure, if the defendant has been given notice of the temporary restraining order or protective order by service of process as required by law. (14:79)

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