What is Sexual Misconduct?

Sexual misconduct is an umbrella term that includes sex-based harassment and discrimination, including harassment on the basis of sex, gender identity, sexual orientation, or sex characteristics; sexual assault; dating violence; domestic violence; stalking; quid pro quo or hostile environment harassment; sexual exploitation; or retaliation towards someone who is reporting these concerns. Prohibited conduct includes:

 

 

Topics


Relevant Laws

Title IX (Federal)

  • Title IX of the Education Amendments Act of 1972
    Prohibits discrimination based on sex, sexual orientation, gender, and gender identity. This includes sexual harassment, sexual assault, dating and domestic violence, gender-based stalking and bullying, and other forms of harassment.

VAWA/ Clery (Federal)

  • Violence Against Women Act (VAWA) of 1994
    A series of laws that afford greater protections to victims of domestic violence, dating violence, sexual assault, and stalking.
  • Federal Crime Awareness and Campus Security Act (Jeanne Clery Act) of 1990
    Requires higher education institutions to share a public annual security report. See LBCC’s Clery reports at Public Safety.

SaVE Act (Federal)

  • The Campus Sexual Violence Elimination Act (SaVE) of 2013
    Requires higher education institutions to include education programs on sexual violence prevention, harm reduction, and bystander intervention.
  • HB 4164 (State)
    The legislation is intended to increase awareness of incidences of sex and gender discrimination, sexual harassment, sexual assault, dating and domestic violence, and stalking on campuses, and help inform institutional efforts for prevention and response. For more information, see Oregon Revised Statutes and Administrative Rules pertaining to the HECC, specifically ORS 350.335-346.

Rights 

  • Equal Opportunity and Freedom From Harassment, Sexual Harassment, Sexual Assault, Stalking, Domestic Violence, Partner Violence, and Unlawful Discrimination. All individuals at LBCC have the right to learn and work in an environment that is free from harassing and discriminatory behavior.
  • Right to Make a Report. This includes the right to file a complaint at the time of a report or in the future, and to receive assistance in filing a police report or file a criminal complaint if they choose to do so. Reporting parties or complainants who bring forward concerns are granted behavioral amnesty, which protects individuals from being penalized for violating particular College policies (e.g. alcohol and drug policies) when they report or are bystanders to sexual misconduct. Individuals participating in a resolution process are protected from retaliation.
  • Right to a Fair Process. This includes the right to have complaints addressed in a fair, impartial, and timely manner; be treated with respect and without prejudice or presumption; know the status of the complaint at any point in the process; know the outcome of the investigation and the reasons for that outcome; the ability to appeal the outcome of the resolution or grievance process; and fully participate in any process, including providing witnesses and/or evidence.
  • Right to Access Resources. This includes receiving information about and taking advantage of campus support resources, safety planning, and supportive measures.
  • Right to Privacy. This includes having privacy about the process and having access to confidential services and resources. Every effort is made by LBCC to preserve confidentiality and privacy throughout the Title IX process. LBCC will not share the identity of anyone who has made a report or complaint of harassment, discrimination, or retaliation on the basis of sex; any Complainant, any individual who has been reported to be the perpetrator of sexual misconduct, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), or as required by law.
  • Right to Freedom from Retaliation. This is true for anyone participating in a College process, including those making reports or those being investigated as part of a report.
  • Right to an Advisor. Individuals have the right to have an advisor of choice with them throughout the process. The advisor may accompany the complainant to administrative meetings and proceedings related to the resolution of a complaint.

Reporting Options

Reporting On Campus

If you are experiencing harassment, please be aware that you have a right to report and/or get support from LBCC.

Reporting to Title IX Coordinator.

To contact the Title IX Deputy Coordinator (for students):
Jill Childress
Manager, Student Conduct and Retention
Title IX Deputy Coordinator
541-917-4848
childrj@linnbenton.edu
Albany Campus, Willamette Hall, Room 133

To contact the Title IX Coordinator (for employees):
Heather Mercer
Executive Director, Human Resources
Title IX Coordinator
541-917-4848
mercerh@linnbenton.edu
Albany Campus, Willamette Hall, Room 133

Public Safety
541-917-4440, 541-926-6855 (24/7 line)
security@linnbenton.edu
Albany Campus, Willamette Hall, Room 110

Reporting Off Campus

It is the choice of the complainant whether or not to file a report with law enforcement, except in instances where campus safety is at imminent risk, in which case the College will contact police. Students or employees who would like assistance in filing a police report can work with Public Safety, an LBCC Confidential Advocate, or the Title IX Coordinator or Title IX Deputy Coordinator.

Local Law Enforcement Contacts 

Evidence Collection and Preservation

Individuals who have experienced physical sexual violence or relationship violence have the right to have evidence collected and preserved until they have decided if they wish to make a report, free of charge. Evidence can be collected as part of a Sexual Assault Forensic Exam (SAFE) by specially-trained nurses. To learn more about evidence collection, please see this resource from RAINN.

Sarah’s Place can support student and employee who have experienced sexual violence, to gather and keep evidence within the chain of custody as part of a sexual assault evidence kit. Evidence can be collected for a report, or be kept confidential if the individual is 18 years or older. This evidence preservation may be important if the impacted party wishes to pursue a legal case against the alleged. Students or employees who have experienced sexual or interpersonal relationship violence can confidentially review their rights and options with a confidential advocate through the Center Against Rape and Domestic Violence (CARDV). A CARDV advocate can also accompany a survivor to Sarah’s Place for additional support.

Privacy

Every effort is made by LBCC to preserve confidentiality and privacy throughout the Title IX process. LBCC will not share the identity of anyone who has made a report or complaint of harassment, discrimination, or retaliation on the basis of sex; any Complainant, any individual who has been reported to be the perpetrator of sexual misconduct, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), or as required by law.

Retaliation

No employee or student shall be fired, expelled, suspended or otherwise unlawfully harassed or discriminated against because he or she has engaged in activity protected by law, or because he or she has filed a good faith complaint, internally or externally, or has objected to, or testified about a possible violation of the law when such activity is protected by the law.

Employee Responsibilities

All LBCC staff are responsible employees with the exception of confidential employees. Confidential employees are those who are designated by the institution and are not required to report shared instances of sexual misconduct to the Title IX Coordinator or to any other entity unless there is an imminent threat of harm to self or others, or in cases of abuse of vulnerable persons (e.g. children, elders, people with intellectual disabilities).

Support and Resources

On-Campus Confidential

On-Campus Non-Confidential

Community

  • Coming soon . . .

Pregnancy/Postpartum Resources

 

Lactation Spaces

LBCC provides lactation spaces at all of our campus locations. Each lactation space includes a mini-fridge to store milk, a microwave to sterilize pump parts, a comfortable chair, and in-space or close access to running water. Depending on space and location, some spaces also include other amenities. Learn more about each location below.

 

Red Cedar Hall, Room 121A

 Forum, Room 114

Periwinkle Child Development Center

  • Contact: Kendr
  • Note: Because this space is located in the Periwinkle Child Development Center, only PCDC background-checked and approved individuals may access this space.

Chinook Hall, Room 210

  • Contact: Toni Morrison
  • Additional amenities: this is a shared space with a wellness room.

Advanced Transportation Technology Center, Room 124

  • Contact: Erin Jacobson

Healthcare Occupations Center, Room 182

 

Pregnancy Accommodations through Accessibility Resources

Not all reasonable modifications are appropriate for all contexts, but could include:

  • Breaks during class to attend to related health needs
  • Access to lactation rooms, as well as breaks during class for expressing milk
  • Intermittent absences to attend medical appointments
  • Access to online or other home-bound education if available
  • Changes in schedule or course sequence
  • Extension of time for coursework and rescheduling of tests and examinations
  • Changes in physical space or supplies (for example, access to a larger desk, chair, or a footrest)
  • Elevator access
  • Access, on a voluntary basis, to a separate and comparable educational program or activity
  • Allowing a voluntary leave of absence from an educational program or activity
  • Or other appropriate changes to policies, practices, or procedures

You are always welcome to discuss needs with instructors or programs first and work through modifications without going through Accessibility Resources.

Prevention and Response

 

Preventing Sexual Misconduct

Everyone deserves healthy relationships. By promoting and fostering healthy relationships, we can stop violence before it starts. This section covers what healthy (and unhealthy) relationships look like and the important role of sexual consent in intimate relationships.

Root Causes of Sexual Violence

Coming soon . . .

Bystander Intervention

A bystander is someone who witnesses something problematic but stands by, instead of taking action. An active bystander is someone who notices a problem and does something about it. You want to be an active bystander.

  • Notice the event
  • Interpret the event as a problem
  • Take Responsibility for Acting
  • Decide how to act
  • Act
    • Direct
      • Address those involved directly, it does not have to be confrontational or combative.
    • Distract
      • Redirect attention and de-escalate the situation.
    • Delegate
      • Involve others, this can be someone in a position of authority (like Public Safety), but it doesn’t need to be.

Understanding Consent

The person initiating the sexual encounter or initiating the escalation of sexual intimacy in the sexual encounter has a lot of responsibility in making sure the other person feels safe, comfortable, and is truly enjoying themselves. Here’s what you need to know about obtaining enthusiastic consent.

  • Freely given
    • All parties have the freedom to say yes or no. Consent does not involve any type of pressure, force, manipulation, or the influence of drugs or alcohol.
  • Reversible
    • Anyone can change their mind about what they want to do at any time. Even if you’ve done it before or are in the middle of having sex.
  • Informed
    • You can only consent to something if you know all the facts. For example, if someone says they’ll use a condom and they don’t, that’s not consent.
  • Enthusiastic
    • If someone isn’t excited, or really into it, that’s not consent. Only yes means yes. All partners should be excited and engaged in what is happening.
  • Specific
    • Consent applies to a specific act at a specific time. Saying yes to one thing (like going to the bedroom to make out) doesn’t mean you’ve consented to sex.

 

Responding to Sexual Misconduct

Supporting Survivors

If someone discloses they have experiences sexual violence, here are some steps for how you can support them:

  1. Ensure safety. You can start by asking if they are safe and if they need medical attention. If they are in immediate danger, work with them to get out of that situation. This could include calling 911. Remember that some people do not feel comfortable or safe calling the police. Use your best judgment. Note: Unless there is imminent danger or an emergency, or a mandatory reporting obligation for an LBCC employee, no one should report to law enforcement on a survivor’s behalf.
  2. Inform about your confidentiality limits. If you think someone is about to disclose an incident involving any type of sexual violence, it is your responsibility to inform the person of your limits to confidentiality before they disclose identifying information. Making this disclosure about your confidentiality limits allows the individual to remain in control of their story and how it is shared.
  3. Listen and validate. Let them tell their story in their own words and at their own pace. Remember that the individual chooses how much, or how little, to disclose. Do not press for more details than they offer. Leave it to that person to share as much or as little detail as they are comfortable with. You do not need to know everything to provide support. Validation means you accept their emotions and let them know you believe them. Reassure them that the violence was not their fault.
  4. Empower them to make their own choices. It’s important to give the person control over all decisions related to their recovery, including how they want to be supported. This is part of restoring their sense of power and control, something that is taken away when someone is sexually violated. If this is the first time someone has disclosed the violence or if it has just happened, they may not be certain what support they need from you, but that doesn’t mean you shouldn’t ask. It’s always better to ask than to assume that you know what they want or need.
  5. Refer to resources. You are not a therapist or a sexual violence expert. You do not need to have all the answers, but you can help connect the survivor with someone who does. You can also connect them with the Title IX Deputy Coordinator so they can get supportive measures on campus.
    • Before offering ideas, it is important to ask if that would be helpful and then only share if the person you are supporting gives permission. For example, you might say:
      • Are you open to talking with a sexual assault advocate?
      • Are you considering medical care? If so, I can go with you.
      • There are people on campus and locally who can help. Would you like their contact information?
    • Link to resources:
    • If possible, support the survivor in accessing services. For example, you might sit at a computer together to locate a local shelter, drive them to CARDV, or sit with them while they call the Sexual Assault Hotline. Do what you feel comfortable with to reinforce to the survivor that they are not alone.
      • Respect their decision.
      • Respect the person’s decision about what they choose to do next. You should never pressure a survivor or attempt to control their healing process. Forcing the situation can make a survivor feel that control over their choices is being taken away, which may be retraumatizing.
      • Additionally, they may have fears and concerns that you do not understand. For example, a person’s experience of sexism, racism, homophobia, transphobia, ableism, poverty, and classism (for example) may make them reluctant to access particular resources or services.
      • If they are not ready to discuss options for moving forward or seem overwhelmed by decisions, you can say something such as: "You don’t have to decide next steps now. We can just talk."
    • Seek Support yourself. Supporting someone who has experienced sexual violence can be stressful and exhausting. While it’s important to keep the person’s story private, you also need to take care of yourself.

 

Education and Awareness

Sexual Assault Awareness Month activities

April is Sexual Assault Awareness Month (SAAM) 

  • LBCC takes an opportunity to create awareness and action-related activities like:
    • Healthy Relationships and Preventing Sexual Violence
    • Masculinity and Sexual Assault Awareness Month
    • Violencia de Genero en la Cultura
    • Denim Day (Last Wednesday in April)

Request a workshop or program

  • Bystander Intervention and How to Support Peers Who Are Survivors
  • Now What (Receiving Disclosures from Students and How to Support Survivors)
  • Sexual Violence in the Healthcare Field

Healthy and Safe Campus Training

  • Live presentation of Safe and Healthy Campus Training