Dodge City Community College is committed to providing a productive living and learning community in which students can pursue their educational goals. Sexual misconduct undermines this commitment and affects the ability of students to focus on their educational goals. Therefore, Dodge City Community College will not tolerate nor condone any form of sexual misconduct, whether physical, mental, or emotional in nature.
Where there is sufficient information/evidence to believe that the College’s policies prohibiting sexual misconduct have been violated, the College will pursue strong disciplinary action through its own student conduct system. Even if law enforcement and criminal justice authorities choose not to prosecute a particular incident, the College may still pursue the incident as a student misconduct matter. Where it is determined that sexual misconduct is more likely than not to have occurred based upon a preponderance of the evidence, College disciplinary sanctions may include suspension, expulsion or any other sanction noted in the Student Code of Conduct.
Due to the sensitive and sometimes violent nature of incidents involving sexual misconduct the following definitions are provided for informational use by students and for guidance in the investigation and processing of alleged violations. It is possible that a particular action may constitute sexual misconduct even if not specifically mentioned in these examples:
Sexual Misconduct includes any sexual act that occurs without the effective consent of the other party and includes the following:
Initiators of sexual activity are responsible for obtaining effective consent. Silence or passivity is not effective consent. The use of intimidation, coercion, threats, force or violence negates any consent obtained. Consent is not considered effective if obtained from an individual who is incapable of giving consent due to the following:
Individuals who commit acts of sexual misconduct assume responsibility for their behavior and must understand that the use of alcohol or other drugs does not reduce accountability for their actions.
a. submission to such conduct is made explicitly or implicitly a term or condition of leadership, membership in an organization, student social events, academic standing, or participation in any College activity.
b. submission to or rejection of such conduct by an individual is used as a basis for evaluation, particularly in making employment or academic decisions affecting the individual; or
c. such conduct has the purpose or effect of unreasonably interfering with the other individual’s performance or creating an intimidating, hostile, or offensive educational and College environment.
To report an incident of sexual misconduct or sexual harassment, a student should contact the Dean of Student Services:
Dodge City Community College encourages the reporting of instances of sexual misconduct. To assure a proper balance between the rights and interests of the alleged victim of sexual misconduct and the alleged perpetrator of an act of sexual misconduct, and to encourage and foster a positive atmosphere for the prompt reporting and handling of all cases of alleged sexual misconduct, including encouraging alleged victims to testify and otherwise actively participate in the discipline process, the following measures are adopted by the College for application to hearings regarding alleged instances of sexual misconduct:
Additionally, in the discretion of the Judicial Hearing Board reviewing a particular case, the following procedures may be deemed appropriate for use in conducting a review hearing regarding a case of alleged sexual misconduct. The Judicial Hearing Board shall have no duty to grant such measures in any case under review, but should consider the appropriateness of permitting such accommodations:
Date of Adoption: February 24, 1993Review Date(s): April 23, 2013Board Policy No. 431