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Legal custody means having the right to make important decisions about your children, such as where they go to school, what religion they are, and major medical decisions. Physical custody refers to the children's living arrangements.
Purpose and scope
Such actions may be considered adequate cause for faculty termination under the Plan of Employment of the Board of Trustees and for termination of employment of a staff member. The College does not discriminate nor tolerate discrimination in any form, in any education program or activity of the College, and will investigate complaints and take prompt and effective steps reasonably calculated to end the behavior, avoid its repetition, and prevent future harassment.
Additional grounds for appeal may include procedural error during the investigative or hearing process.
Other discrimination and harassment prohibited by this policy. Bystander intervention. When a complaint is determined to warrant an investigation, Kalamazoo College will begin the investigation process. Consent is the act of freely, actively, and willingly agreeing to engage in sexual behavior. Other Sex Offenses: Incest : non-forcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by Michigan law.
The College has a legal obligation to ensure a working and learning environment free from all forms of sexual assault and harassment. Risk reduction. Kalamazoo College strives to uphold the values of fairness and equity in handling all matters of sexual harassment of any form. Contacts for general information about this policy : Questions specific to College employees may be directed to the Director of Human resources in the HR office Deation of Title IX Coordinator. All members of the College community are encouraged to make a complaint about harassment, whether experienced firsthand, observed, or learned.
The Respondent is the person whose alleged conduct could constitute harassment, sexual harassment, sexual misconduct, or discrimination in violation of this policy. Blogs, web entries on sites such as Instagram, Facebook, and Twitter and other similar online postings are in the public sphere and are dating age laws in Kalamazoo private. The Complainant is the individual who has claimed subjection to conduct that could constitute harassment, sexual harassment, sexual misconduct, or discrimination in violation of this policy.
A person can withdraw consent at any time during the course of a sexual encounter. No part of this policy is intended to abridge any such right.
A current or prior sexual or dating relationship does not constitute consent. Sexual relationships between employees and Kalamazoo College students are unacceptable and constitute personal and professional misconduct. Sexual harassment, as an umbrella classification, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as: Conduct on the basis of sex that satisfies one or more of the following: Quid pro quo.
The College educates its employees through mandatory annual online training and employee orientation.
Policy against harassment
Violations of no-contact orders will be referred to appropriate student or employee conduct processes for enforcement. However, sexual harassment and other behaviors in violation of anti-discrimination laws are not legally protected forms of expression and may prevent some individuals from participating fully in the life of the academic community.
Harassment and Academic Freedom.
The College will monitor any continuing adverse effects produced by prohibited conduct and reserves the right to take steps to eliminate and redress such effects as is necessary based on the situation. The College will provide a prompt, fair, and impartial investigation and resolution to all complaints of harassment.
Students may speak confidentially to d mental health counselors employed by the College to provide counseling services in the Counseling Center and the College Chaplain. Such behavior in violation of this Harassment Policy is not protected by law or the policies of the College.
Kalamazoo College prohibits all harassment, including sex- or gender-based harassment, sexual misconduct, domestic violence, dating violence, and stalking. Responding to Harassment Kalamazoo College is committed to responding to each report of sex- or gender-based discrimination and harassment, sexual assault, dating violence, domestic violence, stalking, and other forms of sexual misconduct.
An employee of Kalamazoo Dating age laws in Kalamazoo includes but is not limited to persons employed full-time, part-time, regular, short-term, and temporary. Policy Statement General Policy. The College does not condone or allow harassment, whether engaged in by students, faculty or staff; by customers, vendors, or other non-employees who conduct business with the College; or by campus visitors. No one who has been threatened, coerced or drugged can be considered to consent. Whether the alleged conduct constitutes prohibited harassment depends on the totality of the circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs and the status of the individuals involved.
This includes using force or coercion to compel another person to use an object, instrument, or body part to penetrate another individual, as well as oral penetration by a sex organ of another person. Domestic Violence : violence 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 in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan, or by any other person against whose acts an adult or youth Complainant is protected under the domestic or family violence laws of Michigan.
Detailed information about the process of surviving sexual misconduct is available at the following websites:. Statutory Rape : non-forcible sexual intercourse with a person who is under the statutory age of consent of Dating Violence : violence committed on the basis of sex, committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. This programming focuses on prevention, bystander intervention, sexual health and safety, and advocacy.
In response to every complaint, the College will promptly investigate, take appropriate corrective and preventive actions to eliminate the offending conduct and prevent its reoccurrence, and address its discriminatory effects on the complainant and others, if appropriate. Dating violence does not include acts covered under the definition of domestic violence.
When appropriate, and only after a fair and equitable grievance process, the College will impose disciplinary action. Employees may also consult clergy and d mental health counselors off campus. Sexual exploitation : 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, and that conduct does not otherwise constitute sexual harassment under the policy.
Sexual harassment that does not meet the definition set forth in this section may be addressed under Article II fabove. The College educates students about sexual misconduct through mandatory first-year orientation programs each fall, as well as mandatory annual online training and campus programming throughout the year for all returning students. Rape : penetration, no matter how slight, of any genital, anal, or oral opening of another person, without consent, by use of an object, instrument, or any body part.
Are there exceptions to the age of consent?
If the Respondent is not a member of the K community, the College will still implement supportive measures, as they are reasonably available and accessible, in order to support the Complainant and redress any harm caused by sexual misconduct or harassment.
If you wish to make a police report, contact Kalamazoo Public Safety Contact the YWCA If you are able, write down your of the incident. Bystanders can help by noticing an incident, interpreting the incident as an emergency, assuming responsibility, and attempting to help such as helping the person leave the situation, confronting a behavior, diffusing a situation, or calling others for support. When requested by a Complainant, except in instances where a Respondent has been found responsible for sexual assault in violation of this policy, an individual may choose to communicate with a respondent that their behavior is unwelcome and must stop.
Consensual Relationships. Intimate or sexual relationships where there is an inherent power or authority differential produce risks to the campus community and undermine the authority of those in supervisory roles. Any party involved in a proceeding governed by the Title IX process may appeal a final determination or a sanction or disciplinary action.
Michigan state law also prohibits discrimination and harassment based on height and weight. The people cohabitating must be current or former spouses or have an intimate relationship. This policy replaces all College policies regarding Harassment. Information about sexual misconduct education, bystander prevention programming, risk reduction, and College response is available through the College website, outside dating age laws in Kalamazoo Student Health Center, and on the website for Sexual Violence Prevention and Advocacy.
Sexual Assault, Nonforcible : the intentional touching of intimate body parts of another person in a sexual manner without consent, causing another to touch intimate body parts without consent, or the disrobing or exposing of another person without consent. An inappropriate situation will likely continue if it is not addressed or reported. Investigations are conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process that protects the safety of complainants and promotes ability.
MCL Harassment may include, but is not limited to, verbal or physical attacks, graphic or written statements, threats, or slurs. Intimate body parts include, but are not dating age laws in Kalamazoo to, the mouth, neck, buttocks, anus, groin, genitalia, or breast; however, sexual contact can occur with any part of the body. These activities can destroy important physical evidence if you decide to press legal charges. For purposes of this definition, dating violence includes, but is not limited to sexual or physical abuse or the threat of such abuse.
The College does not regularly search for this information but may take action if and when such information is brought to the attention of the College. Additionally, employees may contact the Employee Assistance Program EAP from Unum, a free, confidential service for support and referral services at 1. Surviving Sexual Misconduct If you have been subjected to any form of sexual misconduct: Get to a safe place and contact someone who can help you: a friend, colleague, Resident Assistant RAcounselor, family member, Kalamazoo College Security Do not change clothes, bathe, shower, eat or drink.
Investigation and resolution procedures are intended to protect the rights of both the complainant and accused, to protect privacy, and prevent retaliation. Procedures in this section apply regardless of the status of the Complainant and Respondent, but are still subject to the specific, relevant portions of the Student Code of Conduct, Employee Handbook, Faculty Handbook. Ongoing education regarding harassment and related College policies is required for all students and employees. Independent resolution. Kalamazoo College is committed to responding to each report of sex- or gender-based discrimination and harassment, sexual assault, dating violence, domestic violence, stalking, and other forms of sexual misconduct.
An exception may be made for a personal relationship that was established prior to employment and was disclosed to Human Resources at the time of hire. Silence or non-communication does not constitute consent, and a person in a state of diminished judgment cannot be considered to consent. Education and Training. Consent cannot be inferred or assumed.
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Contact information can found below and on the Title IX website. Online or social media conduct may also violate this policy if it meets the definition of any form of prohibited conduct. Bystanders can help create an empowering climate free of interpersonal violence by diffusing problem behaviors before they escalate.
This policy applies to conduct of all students, student organizations, faculty, staff, administrators, and Board members of Kalamazoo College, as well as vendors and individuals or organizations operating events or programs on campus. However, the College will investigate and take appropriate action where complaints of harassment are brought to its attention. The College has a profound commitment to the free expression of ideas, including those that are controversial or unpopular, and affirms the Constitutional right to free speech as an integral part of the educational experience.
Campus » Title IX » Handbook. These resources provide students who may be interested in bringing a complaint of sexual misconduct or harassment with a confidential place to discuss their concerns. Defined as any of the following: Sex Offenses, Forcible : any sexual act directed with the use of force against another person, including instances in which the Complainant is incapable of giving consent.
Consent requires that a person be able to freely choose between two options: yes and no. The Title IX Coordinator offers sexual assault education and information programs to College students and employees upon request. To categorize an incident as Domestic Violence, the relationship between the Respondent and Complainant must be more than just two people living together as roommates. These postings can subject an individual to allegations of conduct violations. Each student is responsible for his or her conduct during the academic year and between terms of enrollment, even if conduct is not discovered until after a degree is awarded.