This policy applies to all faculty, staff, other employees, students, & organizations receiving Community College System of New Hampshire (CCSNH) funding or use any of the CCSNH school names. An individual who believes they have experienced conduct that violates this policy are encouraged to file a complaint with the Title IX office. Title IX complaints will operate independently from any additional criminal proceedings. College procedures and sanctions can be implemented regardless of criminal charges that are initiated or substantiated. This policy applies to all of CCSNH education programs and activities (including locations, events, or circumstances in which the CCSNH exercises substantial control over the respondent and the context of the conduct). A complainant does not have to be a member of the CCSNH community to file a complaint at the discretion of the Title IX Coordinator. This policy may also be applicable to off campus misconduct that deprives someone of access to CCSNH educational programs or activities. The College may also extend jurisdiction to off campus and/or online conduct if the Title IX Coordinator determines the conduct affects a substantial CCSNH interest. Regardless of where the conduct occurred, the College will review complaints to determine if it occurred in the context of its programs and if there are continuing effects on campus or off campus sponsored programs/activities.
Sexual misconduct by employees is addressed under Policies 323.01 and 323.02
A. Title IX Sex-based Harassment
A form of sex discrimination and sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy, or related conditions, sexual orientation, and gender identity, sexual assault, dating violence, domestic violence, and stalking consent to any sexual contact. Children who are between 13 and 16 may consent to a sexual act when their partner is less than four years older than they are.
b. Forcible Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is in a state of incapacitation. Such sexual acts include:
- Forcible rape: sexual intercourse with a person, forcibly and/or without that person’s consent, or in instances where the victim is in a state of incapacitation, or cannot consent due to their age
- Forcible oral or anal sexual intercourse with another person, forcibly or without consent, or because of incapacitation, or cannot consent because of their age.
- Sexual assault with an object: use of an object or instrument to unlawfully penetrate, however, slightly, the genital or anal opening of the body of another person, forcibly, or without consent or because of incapacitation or age.
- Forcible fondling: the touching of the private body parts (genitals, buttocks or breasts) of another person for the purpose of sexual gratification, forcibly, or without consent, or because of incapacitation or age
c. Consent, for purposes of this policy, means: an affirmative decision to engage in mutually acceptable sexual activity given by clear actions or words. It is an informed decision made freely, willingly, and actively by all parties. Consent is knowing and voluntary. Consent is active, not passive. Accordingly, silence or absence of resistance cannot be interpreted as consent. Consent can be given by words or actions so long as those words or actions may be reasonably understood to give permission regarding sexual activity. Individuals cannot give consent if they are incapacitated due to alcohol or legal or illegal drugs, or under the age of 16.
1. “Quid pro quo” an employee agent or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity, explicitly or impliedly conditioning the provision of such aid, benefit, or service on a person’s participation in unwelcome sexual conduct
2. “Hostile environment Harassment” Unwelcomed sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.
3. Sexual assault, dating violence, domestic violence and stalking, as defined in the
i. Sexual Assault: An offense classified as a Forcible or Non-Forcible Sex Offense under the uniform crime reporting system of the FBI. Those offenses are –
a. Non-Forcible Sex Offenses: incest and statutory rape. In New Hampshire, only children aged 16 and older can give consent to sexual contact with adults unless the two parties are legally married. A teenager under 13 cannot consent to any sexual contact. Children who are between 13 and 16 may consent to a sexual act when their partner is less than four years older than they are.
b. Forcible Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is in a state of incapacitation. Such sexual acts include:
- Forcible rape: sexual intercourse with a person, forcibly and/or without that person’s consent, or in instances where the victim is in a state of incapacitation, or cannot consent due to their age
- Forcible oral or anal sexual intercourse with another person, forcibly or without consent, or because of incapacitation, or cannot consent because of their age.
- Sexual assault with an object: use of an object or instrument to unlawfully penetrate, however, slightly, the genital or anal opening of the body of another person, forcibly, or without consent or because of incapacitation or age.
- Forcible fondling: the touching of the private body parts (genitals, buttocks or breasts) of another person for the purpose of sexual gratification, forcibly, or without consent, or because of incapacitation or age
c. Consent, for purposes of this policy, means: an affirmative decision to engage in mutually acceptable sexual activity given by clear actions or words. It is an informed decision made freely, willingly, and actively by all parties. Consent is knowing and voluntary. Consent is active, not passive. Accordingly, silence or absence of resistance cannot be interpreted as consent. Consent can be given by words or actions so long as those words or actions may be reasonably understood to give permission regarding sexual activity. Individuals cannot give consent if they are incapacitated due to alcohol or legal or illegal drugs, or under the age of 16.
ii. Dating Violence: physical or sexual abuse, or threats of physical or sexual abuse, or emotional abuse on the basis of sex committed by a person:
a. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
b. Where the existence of such a relationship is determined based on consideration of: (i) the length of relationship; (ii) the type of relationship; and (iii) the frequency of interaction between persons in the relationship.
iii. Domestic Violence: Felony or misdemeanor crimes committed on the basis of sex committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is or has been cohabitating with the Complainant as a spouse or intimate partner or by a person similarly situated to a spouse under the domestic or family violence laws o the state of New Hampshire or by any other person against an adult of youth Complainant who is protected from that person’s acts under domestic or family violence laws of the state of New Hampshire
iv. Stalking: engaging in a course of conduct directed at a specific person on the basis of sex that would cause a reasonable person to:
a. Fear for their safety or the safety of others; or
b. Suffer severe emotional distress.
Sexual harassment which does not meet one of the specific definitions above, or which occurs outside a CCSNH/College education program and activity may be covered under Subsection B or C below.
A. Sexual Harassment Under the New Hampshire Law Against Discrimination
Sexual harassment is defined differently under New Hampshire’s discrimination law and regulations.
These laws define sexual harassment as: unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature constitutes sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s educational benefits or employment;
- Submission to or rejection of such conduct by an individual is used as the basis for decisions regarding educational benefits or employment affecting such individual; or
- Such conduct has the purpose or effect of unreasonably interfering with a student’s academic performance or an individual's work performance, or creating an intimidating, hostile, or offensive environment.
The term “consent” under A.3 above shall also apply, to the extent relevant, to allegations in this section.
C. Sexual Misconduct Under NH RSA 188-H
Sexual misconduct under RSA 188-H is a broadly defined term that includes: (1) all forms of sexual harassment under Title IX, Title VII or State law under subsections A. and B. above; and (2) any other incident of sexual violence, gender-based violence, or violence based on sexual orientation or gender identity or expression. The term “consent” under A.3 above shall also apply, to the extent relevant, to allegations of sexual harassment under this section.
D. Retaliation
CCSNH also prohibits retaliation against anyone who is involved in the making or reporting of a complaint, or in the investigation or hearing of a formal complaint of sexual harassment. Incidents of retaliation will be addressed under Policy 730.06 (Student Code of Conduct) for alleged retaliation by students.
E. Sexual Exploitation is an individual taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited that does not constitute sex-based harassment as defined above
F. Unauthorized disclosure is distributing or otherwise publicizing materials created or produced during an investigation or resolution process except as required by law or as expressly permitted by the College or publicly disclosing a party’s personally identifiable information without authorization or consent.