Last Revised: 28 August 2020

Refer Questions to: Title IX Coordinator

Purpose

Introduction

Gallaudet University and the Clerc Center, hereinafter referred to as “the Institution” are committed to providing a workplace and environment, as well as other benefits, programs, and activities, free from sexual harassment and retaliation. To ensure compliance with federal and D.C. civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, the Institution has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of sexual harassment or retaliation. Gallaudet values and upholds the equal dignity of all members of its community and strives to respect the rights of the parties in the grievance process during what is often a difficult time for all those involved.

This policy is intended to guide University and the Clerc Center community members that may have observed, become aware of, or experienced sexual harassment. Gallaudet strictly prohibits retaliatory discrimination or harassment against any person(s) for reporting an incident of sexual harassment or for participating, or refusing to participate, in any manner, in procedures to redress complaints related to a report of sexual harassment.

This policy pertains to acts of prohibited conduct committed by or against Gallaudet or the Clerc Center community members on University property (i.e., on campus) or other property owned by the University, or at Gallaudet University or the Clerc Center sanctioned events or programs that take place off campus or occurring in the context of a University employment or education program or activity, including, but not limited to, University-sponsored study abroad, research, or internship programs; when Clerc Center students are under the care of the Clerc Center; and/or online and social media conduct that may affect the educational experience.

All members of the campus community are expected to conduct themselves in a manner that demonstrates respect for the rights of others. Creating a safe and non-discriminatory educational environment is the responsibility of all members of the campus community.  Every member of the campus community also has a responsibility to become familiar with the Gallaudet University and the Clerc Center Sexual Harassment Policy.

Scope

The core purpose of this policy is the prohibition of sexual harassment and discrimination, and ensuring that sexual harassment and discrimination does not interfere with the ability of members of the Gallaudet University community to participate in Gallaudet’s educational program and activities. When an alleged violation of policy is reported, the allegations are subject to resolution using one of Gallaudet’s grievance processes, as determined by the Title IX Coordinator or designee*, and as detailed in the links below.

When the respondent is a member of the Gallaudet or the Clerc Center community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the Gallaudet community. The Gallaudet University and the Clerc Center community includes individuals having an official capacity and includes, but is not limited to, students, student organizations, faculty, teachers, administrators, staff, and third parties such as guests, visitors, volunteers, independent contractors, vendors, alumni, interns, invitees, and campers, and any individual studying, living, or conducting business at/or for the Institution.

The procedures below may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy.

Title IX Coordinator

The Title IX Coordinator* oversees implementation of this policy. The Title IX Coordinator has the primary responsibility for coordinating the Institution’s efforts related to the intake, investigation, and resolution of notices and complaints of sexual harassment and retaliation prohibited under this policy and for the implementation of supportive measures to stop, remediate, and prevent sexual harassment and retaliation.

* Anywhere this procedure indicates “Title IX Coordinator,” Gallaudet or the Clerc Center may substitute a trained designee.

Policy

This policy is intended to guide University and the Clerc Center community members that may have observed, become aware of, or experienced sexual harassment. This policy pertains to acts of prohibited conduct committed by or against Gallaudet or the Clerc Center community members on University property (i.e., on campus) or other property owned by the University, or at Gallaudet University or the Clerc Center sanctioned events or programs that take place off campus or occurring in the context of a University employment or education program or activity, including, but not limited to, University-sponsored study abroad, research, or internship programs; when Clerc Center students are under the care of the Clerc Center; and/or online and social media conduct that may affect the educational experience.

The University and the Clerc Center may concern itself with conduct off University property (i.e., off campus) or outside the University's educational programs and activities when such conduct may have a substantial and/or continuing adverse effect or could create a hostile environment for any member of the Gallaudet community or the University. All actions by a member of the University community that involve the use of the University computing and network resources on campus or from a remote location, including but not limited to accessing email accounts, are under the scope of this policy.


Gallaudet has an obligation to maintain a safe and non-discriminatory educational environment and may also address the behavior of non-members of the University community who have been accused of violation(s) of this policy.  The University typically will not conduct an investigation of non-members of the University community (including where the respondent has graduated or left the University and/or the Clerc Center) but may address the situation and provide appropriate resources to impacted individuals and, where appropriate, the broader University community. A non-member of the University community's role in the University's investigatory and disciplinary procedures may be limited.  The University may also take appropriate action against non-members of the University community that may include, but is not limited to, barring the non-community member from University property or other property owned by the University, or at University or Clerc Center sanctioned events or programs that take place off campus, and reporting the incident to another school or community law enforcement agency that has jurisdiction over the individual's behavior.  

Notice of Non-Discrimination

It is the policy of Gallaudet University and the Clerc Center to provide an educational and working environment that provides equal opportunity to all members of the University community. Any Gallaudet or Clerc Center employee, student, applicant for admission or employment, or other participant in Gallaudet University and Clerc Center programs or activities, who believes that they have been discriminated against on the basis of race, color, sex (including sexual harassment), religion, national origin, sexual orientation, gender identity and/or gender expression, age, disability, veteran status or other items listed in the D.C. Human Rights Act may direct complaints of discrimination and harassment to the Director of the Office of Equal Opportunity Programs (EOP).

Definition of Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the District of Columbia regard sexual harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice. As a result of the U.S. Department of Education’s Final Rule under Title IX of the Education Amendments of 1972 issued on May 19, 2020, the Institution must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Sexual Harassment Policy defined below.

Gallaudet University and the Clerc Center remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.

Specifically, the Institution has a Code of Conduct that defines certain behavior as a violation of campus policy, and a separate Sexual Misconduct Policy that addresses the types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses.

To the extent that alleged misconduct falls outside the Title IX Sexual Harassment Policy, or misconduct falling outside the Title IX Sexual Harassment Policy is discovered in the course of investigating covered in the Title IX Sexual Harassment, the institution retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Sexual Misconduct Policy through a separate grievance proceeding.

The elements established in the Title IX Sexual Harassment Policy under the Final Rule have no effect and are not transferable to any other policy of the College for any violation of the Code of Conduct, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of Gallaudet University or the Clerc Center and may not be cited for or against any right or aspect of any other policy or process.

Gallaudet has adopted the following definition of sexual harassment in order to address the unique environment of an academic community.  Any conduct on the basis of sex that meets the following definition may be considered a Title IX violation, and will be addressed using the appropriate Title IX procedures. 

Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.

Sexual Harassment, as an umbrella category, includes the actual or attempted 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:

1) Quid Pro Quo:

  1. an employee of Gallaudet University/Clerc Center,
  2. conditions the provision of an aid, benefit, or service of Gallaudet University/Clerc Center, on an individual’s participation in unwelcome sexual conduct; and/or

2) Sexual Harrassment:

  1. unwelcome conduct,
  2. determined by a reasonable person,
  3. to be so severe, and
  4. pervasive, and,
  5. objectively offensive,
  6. that it effectively denies a person equal access to the University or Clerc Center’s education program or activity.

3) Sexual assault, defined as:

a) Sex Offenses, Forcible:

i) Any sexual act* directed against another person,
ii) without the consent of the Complainant,
iii) including instances in which the Complainant is incapable of giving consent.

*Sexual acts include:

Forcible Rape:

  • Penetration,
  • no matter how slight,
  • of the vagina or anus with any body part or object, or
  • oral penetration by a sex organ of another person,
  • without the consent of the Complainant.

Forcible Sodomy:

  • Oral or anal sexual intercourse with another person,
  • forcibly,
  • and/or against that person’s will (non-consensually), or
  • not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 

Sexual Assault with an Object:

  • The use of an object or instrument to penetrate,
  • however slightly,
  • the genital or anal opening of the body of another person,
  • forcibly,
  • and/or against that person’s will (non-consensually),
  • or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 


    iv) Forcible Fondling:
    • The touching of the private body parts of another person (buttocks, groin, breasts),
    • for the purpose of sexual gratification,
    • forcibly,
    • and/or against that person’s will (non-consensually),
    • or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.


b) Sex Offenses, Non-forcible:

Incest:

  • Non-forcible sexual intercourse,
  • between persons who are related to each other,
  • within the degrees wherein marriage is prohibited by District of Columbia

Statutory Rape:

  • Non-forcible sexual intercourse,
  • with a person who is under the statutory age of consent of 16.


4) Dating Violence, defined as:

  1. violence,
  2. on the basis of sex,
  3. committed by a person,
  4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

    I. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—

    II. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

    III. Dating violence does not include acts covered under the definition of domestic violence.

5) Domestic Violence*, defined as:

  1. violence,
  2. on the basis of sex,
  3. committed by a current or former spouse or intimate partner of the Complainant,
  4. by a person with whom the Complainant shares a child in common, or
  5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
  6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws (intrafamily offenses) of the District of Columbia, or
  7. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws (intrafamily offenses) of the District of Columbia.

*To categorize an incident as domestic violence, the relationship between the respondent and the complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

6) Stalking, defined as:

  1. engaging in a course of conduct,
  2. on the basis of sex,
  3. directed at a specific person, that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress.         

For the purposes of this definition—

  1. Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Other Prohibited Conduct - Sexual Misconduct

Other prohibited conduct on the basis of sex that do not satisfy the above sexual harassment definition under Title IX is also prohibited by Gallaudet University and the Clerc Center.  For clarification purposes the following acts of sexual harassment will be classified as sexual misconduct violations and will be addressed using the appropriate sexual misconduct procedures.   It is a violation of this policy to commit these acts or attempt to commit them; attempts to commit acts prohibited by the policy may be disciplined to the same extent as completed violations. 

The following conduct are considered sexual misconduct violations, and are as follows:

  1. Bullying - a pattern of repeated behavior that is sex and/or gender-based, or in the context of an intimate partner relationship, that a reasonable person would find hostile, offensive, and unrelated to the University's legitimate business interests. This conduct may rise Title IX level of sexual harassment (being so severe, and pervasive, and objectively offensive, that it effectively denies a person equal access to the University or Clerc Center’s education program or activity).

  2. Cyberbullying - bullying that is sex and/or gender-based, or in the context of an intimate partner relationship, that takes place online or is perpetrated using electronic means of communication even when aimed indirectly at an individual or a group. This conduct may rise Title IX level of sexual harassment (being so severe, and pervasive, and objectively offensive, that it effectively denies a person equal access to the University or Clerc Center’s education program or activity).

  3. Non-Consensual Sexual Contact - any intentional sexual touching, however slight, by a person upon another person that occurs without consent and/or by force that does not rise to the Title IX level of sexual harassment (being so severe, and pervasive, and objectively offensive, that it effectively denies a person equal access to the University or Clerc Center’s education program or activity).

  4. Sexual Exploitation - taking sexual advantage of another person without effective consent, and includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over the other person; causing the prostitution of another person; recording, photographing, or transmitting identifiable images of private sexual activity and/or the intimate parts (including penis, vagina, vulva, buttocks, anus, groin, and/or breasts) of another person; allowing third parties to observe private sexual acts; going beyond the boundaries of consent (such as letting others watch you have consensual sex or consensual sexual contact with another person); engaging in voyeurism; and/or knowingly or recklessly exposing another person to a significant risk of sexually transmitted infection, including HIV; or exposing one's genitals in non-consensual circumstances or inducing another to expose their genitals. This conduct may rise Title IX level of sexual harassment (being so severe, and pervasive, and objectively offensive, that it effectively denies a person equal access to the University or Clerc Center’s education program or activity).
  1. Sexual Harassment - includes the actual or attempted offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking that do not rise to the Title IX level of sexual harassment (being so severe, and pervasive, and objectively offensive, that it effectively denies a person equal access to the University or Clerc Center’s education program or activity).

Sex Discrimination

Sex discrimination is defined as actions that deprive other members of the community of educational or employment access, benefits, or opportunities on the basis of sex or gender. Sex discrimination includes discrimination based on pregnancy or discrimination in athletics. Such discrimination is addressed by Policy #2.28 (Anti-Discrimination Policy and Complaint Procedure) in the Administrations and Operations Manual.  Complaints should be directed to the Director of the Office of Equal Opportunity Programs (EOP).  

Where there is an indication that reported harassment may be based on both gender (including sexual orientation, gender identity, or gender expression) and another protected class basis (e.g., race, color, national origin, age, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, height, weight, or veteran status), the Title IX Coordinator and the Director of EOP will assess the available information in order to determine whether the matter is most appropriately addressed under this Policy, under Policy #2.28, or for different aspects of the matter to be addressed separately under each.

Consensual Relationships

The University's educational mission is promoted by professionalism in University employee relationships with other employees and students. University employees may be in positions of authority; trust and respect are diminished when those in positions of authority abuse or appear to abuse their power.   There are special risks in any sexual or romantic relationship between individuals of inherently unequal power. Such relationships have the potential for conflict of interest, favoritism, exploitation, and bias, and may undermine the real or perceived integrity of the supervision and evaluation provided. There is the potential for sexual harassment when inappropriate personal attention occurs between individuals of inherently unequal power. Such relationships seriously undermine the atmosphere of professionalism, trust and respect essential to the University and hinder fulfillment of the University's educational mission.   For these reasons, sexual or romantic relationships or encounters - whether regarded as consensual or otherwise - between individuals of inherently unequal power are strongly discouraged, and in some circumstances, are strictly prohibited by this policy. The fact that a relationship was initially consensual does not insulate the person with greater power from a sexual harassment or sexual misconduct complaint.

Consensual Relationships between Faculty and Undergraduate Students*

No Gallaudet University faculty member shall initiate or accept offers for sexual or romantic encounters or relationships with any undergraduate student.  

Consensual Relationships between Faculty and Graduate Students*

Sexual or romantic encounters or relationships between faculty and graduate students in the instructional context, or under their academic supervision is prohibited. Sexual encounters or romantic relationships outside of the instructional context or academic supervision can lead to difficulties.  Instructors or other officers should be sensitive to the possibility that he or she may unexpectedly be placed in a position of responsibility for a graduate student's instruction or evaluation, including mentoring, advising, serving on an admissions or selection committee or being called upon to write a letter of recommendation.  Even in consensual relationships there are certain conditions where a faculty member, by virtue of their special responsibilities and the core educational mission of the University, could be held accountable should a problem arise.

*The Handbook of the University Faculty, #3.2, contains a more detailed policy governing faculty/student relationships.  

Consensual Relationships in Other Contexts between Staff and Students

Relationships between staff with direct or indirect authority over the other (deans and directors of any rank, coaches, academic advisors, residence hall professional staff, security personnel, and other similar employees who advise, mentor or evaluate students) and students can be potentially problematic and is prohibited. Other consensual sexual or romantic relationships between staff and students is not prohibited but should generally be avoided; one needs to be mindful that one may unexpectedly be placed in a position of power over the student in the future.  

Consensual Relationships between Student Paraprofessionals and Students

Sexual or romantic encounters or relationships between students and student paraprofessionals in a teaching, evaluating, advising, mentoring, disciplinary or other position of inherently unequal power is prohibited. Existing relationships that existed prior to obtaining such paraprofessional relationships must be disclosed.

Consensual Relationships between Employees

Consensual relationships between employees is not prohibited by this policy. However, relationships between employees who have direct or indirect authority over the other are potentially problematic and must be disclosed. This includes relationships between supervisors and their employees.  

Consensual Relationships between Clerc Center Employees and Students

The Clerc Center prohibits relationships between all employees and Clerc Center students. Refer to Administration and Operations Policy 1.13: Code of Conduct With Clerc Center Students.

Notification and Recusal for Prior Relationships

The University is a small community, where there exist many opportunities for faculty, staff and students to form relationships prior to a situation that creates a potential power imbalance. In such instances, employees and student paraprofessionals are required to disclose to their supervisor(s) in writing of the relationship prior to or immediately when there will be inherently unequal power. It may require recusal from certain supervision, evaluation, or oversight over individuals with whom they have a prior relationship. This ensures that alternate supervisory or evaluative arrangements are put in place. Such notification is always required where recusal is required. This obligation to notify and recuse is required, and the failure to disclose a prior relationship in a timely fashion will itself be considered a violation of the consensual relationship policy.

Consent

Consent represents the basis of respectful and healthy intimate relationships.  Consent is effective when it is clear, knowing, and voluntary by using mutually understandable words or actions that give permission for specific sexual activity or contact. Reasonable reciprocation can be implied. Consent cannot be gained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another, where the accused individual knows or reasonably should have known of such incapacitation. Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. There should not be unreasonable pressure for sexual activity, which is coercive conduct.  Passivity is not permission; consent is not the absence of resistance, and silence, in and of itself, cannot be interpreted as consent. Consent to one form of sexual contact or activity does not imply consent to another form of sexual activity. Consent also has time boundaries; consent given at one time does not imply future consent or consent at any other time. The existence of a prior or current relationship does not, in itself, constitute consent. Consent can be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated.  Once consent is withdrawn, sexual activity must stop immediately. 

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on Gallaudet or the Clerc Center to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Age of Consent

Gallaudet University and the Clerc Center follow the laws of the District of Columbia concerning sexual activity, including regulations regarding age of consent and the age differences between participants in consensual sexual activities.

Specifically, in the District of Columbia, the age of consent for sex is 16 years old. The exception to the age of consent law is if the individuals involved in sexual activity are both minors (younger than 18 years old) and close in age (less than four years apart).  While the Clerc Center is in session or while Clerc Center students are under the care of the Clerc Center, all types of sexual activity, on or off campus, are prohibited. Clerc Center students who engage in sexual activity receive consequences outlined in their school Parent-Student Handbook. Consequences differ for sexual activity determined to be consensual than for sexual activity determined to be nonconsensual. A student who engages in sexual activity that violates the District of Columbia age of consent law and/or without the effective consent of the other individual is committing a crime and may be prosecuted.

Standard of Proof

The standard of proof used to make an outcome determination about facts that are in dispute in all cases and appeals under the purview of this policy is a preponderance of the evidence, which is based upon whether it is more likely than not a violation occurred.  

Retaliation

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The Institution will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.

The Institution and any member of the Institution’s community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Filing a complaint within the Sexual Harassment process could be considered retaliatory if those charges could be applicable under the Title IX process, when the Sexual Misconduct Process charges are made for the purpose of interfering with or circumventing any right or privilege provided afforded within Title IX Process that is not provided by the Sexual Misconduct process. Therefore, the Institution vets all complaints carefully to ensure this does not happen, and to assure that complaints are tracked to the appropriate process.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith. 

Applicable Procedures for Resolution of Complaints

Gallaudet and the Clerc Center have developed resolution processes related to this policy to address alleged violations of the Sexual Harassment or Sexual Misconduct policies.  For a complete copy of the policy and the resolution processes please visit the Gallaudet University website at:  https://www.gallaudet.edu/title-ix.

Sanctions

Gallaudet and the Clerc Center reserve the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this policy.

Contact Information

Questions regarding Title IX, including its application and/or concerns about noncompliance, should be directed to the Title IX Coordinator. For a complete copy of the policy or for more information, please visit [web link] or contact the Title IX Coordinator. Individuals who believe they have experienced sex discrimination, harassment, and/or retaliation in violation of Gallaudet University/Clerc Center policy should contact the following:

Individual with Oversight for All Non-Discrimination

Sharrell McCaskill

Director, Equal Opportunity Programs

College Hall 322

Gallaudet University

800 Florida Avenue, NE

Washington, DC  20002

(202) 651-5462 (voice)

Email: sharrell.mccaskill@gallaudet.edu

Gallaudet University Title IX Coordinator Office

Jennie Sivak

Title IX Coordinator

Office of Human Resources

College Hall B18

Gallaudet University

800 Florida Avenue, NE

Washington, DC  20002

(202) 759-1734 (videophone/voice)

Email: titleix@gallaudet.edu

Web: https://www.gallaudet.edu/title-ix


Gallaudet University Deputy Title IX Coordinator (students)

Amy Rousseau

Director, Student Accountability and Restorative Practices

Student Center Programs and Services

Ely Center 103

Gallaudet University

800 Florida Avenue, NE

Washington, DC  20002

(202) 759-5598 (videophone)

Email:  amy.rousseau@gallaudet.edu


Clerc Center Title IX Team members:

Rosalyn Prickett

Deputy Title IX Coordinator for Clerc Center

KDES, Room 3202

Gallaudet University

800 Florida Avenue, NE

Washington, DC  20002

(202) 651-5788 (voice)

(202) 250-2960 (videophone)

Email: rosalyn.prickett@gallaudet.edu

 
Bo Acton

Title IX Investigator for Clerc Center

MSSD, Room 214F

Gallaudet University

800 Florida Avenue, NE

Washington, DC  20002

(202) 250-2798 (videophone)

Email: bobby.acton@gallaudet.edu

The above individuals are Officials with Authority (OWA).  The Institution has also classified most employees as Mandated Reporters of any knowledge they have that a member of the community is experiencing sexual harassment and/or retaliation.

The section below on Mandated Reporting details which employees have this responsibility and their duties, accordingly.

External Contact Information

A person may also file a complaint with the appropriate federal, state, or local agency within the time frame required by law. Depending upon the nature of the complaint, the appropriate agency may be the federal Equal Employment Opportunity Commission (EEOC), Office for Civil Rights (OCR) of the U.S. Department of Education, the Department of Justice, and/or the Washington, D.C. Office of Human Rights. 

Washington, D.C.’s Office of Human Rights

https://ohr.dc.gov/service/file-discrimination-complaint


Equal Employment Opportunity Commission (EEOC)

Washington Field Office

131 M Street, NE

Fourth Floor, Suite 4NWO2F

Washington, DC 20507-0100

Videophone: (844) 234-5122

Phone: (800) 669-4000

Facsimile: (202) 419-0739

TDD#: (800) 669-6820

Web: https://www.eeoc.gov/field-office/washington/location


OCR District/Field Office

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C.  20202-1100

Customer Service Hotline #: (800) 421-3481

Facsimile: (202) 453-6012

TDD#: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr


Assistant Secretary for Civil Rights

Office for Civil Rights, National Headquarters

U.S. Department of Education

Lyndon Baines Johnson Dept. of Education Building

400 Maryland Avenue, SW

Washington, DC 20202-1100

Telephone: 800-421-3481

Fax: 202-453-6012;

TDD: 800-877-8339

Email: OCR@ed.gov

For complaints involving employees: Equal Employment Opportunity Commission (EEOC)

         Washington Field Office

         131 M Street, NE

         Fourth Floor, Suite 4NW02F

         Washington, DC. 20407-0100

         Phone: 1-800-669-4000

         FAX: 202-419-0739

         TDD: 800-669-6820

         ASL Video Phone: 844-234-5122

Notice/Complaints of Sexual Harassment and/or Retaliation

Notice or complaints of sexual harassment and/or retaliation may be made by filing a complaint with, or giving verbal notice to, the Title IX Coordinator or any other internal administrative official as listed above. Such a report may be made at any time (including during non-business hours) by using the telephone/VP number or email address, or by mail to the office address, listed for the Title IX Coordinator or any other official listed.

Within any resolution process related to this policy, Gallaudet University provides reasonable accommodations to persons with disabilities and religious accommodations, when that accommodation is consistent with state and federal law.

Approved by: Gallaudet University Administration

THE SEXUAL HARASSMENT POLICY WAS DEVELOPED IN PART FROM THE USE AND ADAPTATION OF THE ATIXA 2020 INTERIM MODEL SEXUAL HARASSMENT POLICIES AND PROCEDURES WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO GALLAUDET UNIVERSITY AND THE CLERC CENTER.  ALL OTHER RIGHTS RESERVED. ©2020. ATIXA

SOME MATERIAL WAS ALSO DEVELOPED IN PART FROM THE USE AND ADAPTION OF THE SUNY STUDENT CONDUCT INSTITUTE MODEL TITLE IX POLICY FOR MEMBERS OF THE STUDENT CONDUCT INSTITUTE, WHICH GALLAUDET UNIVERSITY IS A MEMBER.  ©2020 THE STATE UNIVERSITY OF NEW YORK

Important Links

Administrations and Operations Policy #1.13 (Clerc Center)

Administrations and Operations Policy #1.27:  Bullying in the Workplace

Administrations and Operations Policy #2.28:  Anti-Discrimination Policy and Complaint Procedure Title IX Office

Administration and Operations Policy #3.01:  Equal Employment Opportunity

The Handbook of the University Faculty

Model Secondary School for the Deaf Handbook

Kendall Demonstration Elementary School Handbook

Appendix:

  1. Glossary
  2. Resources and Support
  3. Educational and Prevention Programs
  4. Sexual Misconduct Risk Reduction Tips
  5. Safe and Positive Options for Bystander Intervention
  6. On and Off Campus Resources
  7. DC Code Definitions and Statutes
  8. Definition of Terms: Violence Against Women Act (VAWA) and the Clery Center for Security on Campus

A. Glossary

  • Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.

  • Complainant means an individual who is alleged to be the victim of conduct that could sexual harassment based on a protected class; or retaliation for engaging in a protected activity.

  • Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment or retaliation for engaging in a protected activity against a Respondent and requesting that the Institution investigate the allegation.

  • Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment and/or retaliation (irrespective of Clery Act Campus Security Authority status).

  • Day means a business day when the Institution is in normal operation.

  • Education program or activity means locations, events, or circumstances where Gallaudet or the Clerc Center exercise substantial control over both the Respondent and the context in which the sexual harassment occurs.

  • Final Determination: A conclusion by preponderance of the evidence that the alleged conduct did or did not violate policy.

  • Finding: A conclusion by preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).

  • Formal Complaint means a document submitted or signed by the Complainant or signed by the Title IX Coordinator alleging sexual harassment by a Respondent.

  • Formal Grievance Process means “Title IX Process,” a method of formal resolution designated by the Institution to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 CFR §106.45).

  • Grievance Process Pool includes any investigators, decision maker(s), appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).

  • Hearing Decision-maker or Panel refers to those who have decision-making and sanctioning authority within the Institution’s Formal Grievance process.

  • Investigator means the person or persons charged by the Title IX Coordinator or designee with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

  • Mandated Reporter means an employee of Gallaudet University or the Clerc Center who is obligated by policy to share knowledge, notice, and/or reports of harassment and/or retaliation with the Title IX Coordinator.[1]

  • Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
     
  • Official with Authority (OWA) means an employee of Gallaudet University or the Clerc Center explicitly vested with the responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf of the Institution.

  • Parties include the Complainant(s) and Respondent(s), collectively.

  • Title IX Process means the Formal Grievance Process detailed below and defined above.

  • Sexual Misconduct Process means any process designated by the Gallaudet University or the Clerc Center to apply only when the alleged misconduct falls outside the Title IX Sexual Harassment Policy, as determined by the Title IX Coordinator.

  • Gallaudet University means a postsecondary education program that is an Institution of federal funding.

  • The Clerc Center means an elementary and secondary education program that is an Institution of federal funding.

  • Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to Gallaudet or the Clerc Center’s educational program.

  • Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity.

  • Resolution means the result of an informal or Formal Grievance Process.

  • Sanction means a consequence imposed by the Institution on a Respondent who is found to have violated this policy.

  • Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence.

  • Title IX Coordinator is the official designated by Gallaudet University and the Clerc Center to ensure compliance with Title IX and Gallaudet University/the Clerc Center’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.

  • Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and/or any member of the Grievance Process Pool.

B. Resources and Support

Gallaudet is committed to treating all members of the community with dignity, care and respect. Any individual who experiences or is affected by sexual harassment or sexual misconduct, whether a reporting party, responding party, or third party, will have equal access to support and/or counseling services through the University. Gallaudet takes the necessary steps to reduce the need for reactive intervention by providing preventive and risk education and training and by preparing and disseminating educational print material, videos, workshops, training seminars and academic course offerings related to sexual harassment and sexual misconduct. Gallaudet encourages reporting of incidents and also attempts to eliminate pressure that might lead University community members to choose to not report a sexual harassment or sexual misconduct incident or to minimize its seriousness by providing a process whereby the parties involved are treated with dignity; privacy and confidentiality are maintained to the fullest extent possible; allegations of sexual harassment and sexual misconduct are investigated promptly and thoroughly; and that all members of the Gallaudet University community are provided with full support and assistance. 

Immediate Response

Your health, safety, and well-being are the University's primary concern. If you or someone you know may be the victim of any form of sexual harassment or sexual assault including intimate relationship violence, you are strongly urged to seek immediate assistance. Individuals who may be victims of sexual harassment or sexual assault (the term used in the District of Columbia Criminal Code) should first go to a safe place where you or the victim is in no immediate danger. Any individual in a medical or other emergency situation should consider going immediately to the Washington Hospital Center for a sexual assault exam or an intimate partner violence (IPV) examination. On-campus contacts identified in the On-Campus Resource listing can provide guidance and support in such instances.

Medical Attention and Preserving the Evidence

Immediately following a sexual assault incident, medical attention and preserving the evidence is first and foremost, as the evidence will be helpful if one decides to pursue criminal action. Many sexual assault violations are also crimes in D.C. or the locality in which the incident occurred; for that reason, individuals experiencing sexual assault often have legal options that they can pursue. Regardless of whether an incident of sexual assault is reported to the police or the University, Gallaudet encourages individuals who have experienced sexual assault to preserve evidence to the greatest extent possible, as this will best maintain all legal options for them in the future. While the University does not conduct forensic tests for parties involved in a complaint of sexual assault, the results of such tests that have been conducted by law enforcement agencies and/or medical assistance providers may be submitted as information to be considered in a University investigation or proceeding, provided that such information is readily available at the time of the investigation or proceeding.

Following a sexual assault incident, one should not douche, bathe, shower, urinate, or change clothes before seeking medical attention, if possible. The location of the incident should not be disturbed, if possible, also to collect evidence for reporting purposes. If there is suspicion that a drink may have been drugged, an individual should inform a medical assistance provider (SANE nurse, for example) and/or law enforcement so that they can attempt to collect possible evidence (e.g. from the drink, through urine or blood sample). Screen shots should be taken of information from electronic communications (text messages, instant messages, social networking pages, or other electronic communications) and photos should be retained. These steps will help to preserve the evidence, if one should choose to report the incident.

Washington Hospital Center is the only local hospital that has a survivor-advocate program and sexual assault nurse examiners (SANE) in the District of Columbia. Washington Hospital Center also offers intimate partner violence (IPV) examinations. Other hospitals or health centers may be visited, but SANE at Washington Hospital Center are specifically trained to work with sexual assault survivors. It is recommended to have a sexual assault nurse examine you within 96 hours of the incident, but even if 96 hours has passed since the incident, a medical examination should be conducted as soon as possible. The sexual assault nurse examination may include STI, HIV, and pregnancy testing and medical treatment. The victim has the right to decline any medical services.

DAWN and the Network for Victim Recovery of DC (NVRDC) offer a survivor-advocate program, if one wishes to have someone with them during the medical exam. The authorities will be contacted to take a report of the incident at the hospital, if requested. An interpreter will be provided by the Washington Hospital Center.

Follow-up Care

Regardless of whether or not a student chooses to formally report sexual harassment including sexual assault, it is important that he or she get appropriate medical attention and emotional support. University community members can contact any of the listed confidential resources for confidential help in deciding what to do next or for assistance in accessing other resources. Individuals who choose not to formally report an incident can still receive services from the offices listed under On-Campus Resources and Off-Campus Resources.

C. Educational and Prevention Programs

Gallaudet is committed to the prevention of sexual harassment and sexual misconduct through educational and awareness programs. Gallaudet takes the necessary steps to reduce the need for reactive intervention by providing preventive and risk education and training and by preparing and disseminating educational print material, videos, workshops, training seminars and academic course offerings related to sexual harassment, misconduct, intimate relationship violence, and stalking throughout the year. Prevention program topics include an overview of the Universities' policies and procedures, relevant definitions, including prohibited conduct, effective consent, the impact of alcohol and illegal drug use, safe and positive options for bystander intervention (including "Green Dot" training), awareness campaigns such as "Take Back the Night" and "Dare to Utter", and information about risk reduction. Incoming first year students are required to take an online course, "Haven" that addresses sexual harassment and sexual misconduct, and receive primary prevention and awareness programming as part of their orientation. An online training module provided by EverFi is also offered to all students and employees on an annual basis. A majority of educational programs and materials include a review of resources and reporting options available for students.

D. Sexual Misconduct - Risk Reduction Tips (from the Association of Title IX Administrators (ATIXA)

Risk reduction tips can often take a victim-blaming tone, even unintentionally. With no intention to victim-blame, and with recognition that only those who commit sexual misconduct are responsible for those actions, these suggestions may nevertheless help you to reduce your risk experiencing a non-consensual sexual act. The following are suggestions to help individuals reduce their risk of being victimized and their risk of committing acts of sexual misconduct.

Reducing the risk of victimization:

  • If you have limits or boundaries, make them known as early as possible.
  • Clearly and firmly articulate consent or lack of consent.
  • Remove yourself, if possible, from the physical presence of the sexual aggressor.
  • Reach out for help, either from someone who is physically nearby or by contacting someone via phone/text message. People around you may be waiting for a signal that you need help.
  • Take affirmative responsibility for your alcohol intake/drug consumption. Alcohol and/or drugs can increase your vulnerability to sexual victimization.
  • Look out for your friends and ask them to look out for you. Respect them, and ask them to respect you, but be willing to challenge each other about high-risk choices.

Reducing the risk of being accused of sexual misconduct:

  • Show your potential partner respect if you are in a position of initiating sexual behavior
  • If a potential partner says "no", accept it and don't push. If you want a "yes", ask for it, and don't proceed without clear permission.
  • Clearly communicate your intentions to your potential sexual partners, and give them a chance to share their intentions and/or boundaries with you.
  • Respect personal boundaries. If you are unsure what's OK in any interaction, ask.
  • Avoid ambiguity. Don't make assumptions about consent, about whether someone is attracted to you, how far you can go with that person, or if the individual is physically and mentally able to consent. If you have questions or are unclear, you don't have consent.
  • Don't take advantage of the fact that someone may be under the influence of alcohol or drugs, even if that person made that choice. Others' loss of control does not put you in control.
  • Be on the lookout for mixed messages. That should be a clear indication to stop and talk about what your potential partner wants or doesn't want to happen. That person may be undecided about how far to go with you, or you may have misread a previous signal.
  • Respect the timeline for sexual behaviors with which others are comfortable, and understand that they are able to change their minds.
  • Recognize that even if you don't think you are intimidating in any way, your potential partner may be intimidated by or fearful of you, perhaps because of your sex, physical size, or a position of power or authority you may hold.
  • Do not assume that someone's silence or passivity is an indication of consent. Pay attention to verbal and non-verbal signals to avoid misreading intentions.
  • Understand that consent to one type of sexual behavior does not automatically grant consent to other types of sexual behaviors. If you are unsure, stop and ask.
  • Understand that exerting power and control over another through sex is unacceptable conduct.

E. Safe and Positive Options for Bystander Intervention

Bystander intervention is an act of standing up against power-based personal violence. It can be any behavior, choice, word, or attitude that promotes safety for all our community members and communicates intolerance for violence. We want to have the best college experience and should be able to feel safe on campus. One way to do that is for peers to watch out for each

other. The following strategies of bystander intervention (from the Green Dot program) are options to try when you see something that concerns you.

Direct!

  • Ask someone if they are ok or if they need help
  • Make eye contact with a person, and make a questioning face and mouth, "ok?"
  • Tell someone to stop what they are doing
  • Make eye contact with the person and shake head "no"
  • Walk a person away from the situation
  • Take a person to their dorm
  • Set up check points at different locations to make sure people are ok

Delegate!

  • Ask someone from their circle of friends to help them out
  • Ask a person you trust to walk them back to their dorm
  • Get a friend to check on the person
  • Notify DPS
  • Identify someone who is very good with people and ask them to check out what is going on
  • Ask Residence Life to have check points to make sure people are ok
  • Notify Campus Activities (student events on campus)

Distract!

  • Interrupt the couple and ask to speak with one of them
  • Interrupt the couple and get them to come over to play a game or look at something
  • Ask the person to come and help you with a task
  • Change the subject away from what is causing tension
  • Walk the person away from the situation
  • Move the person away from the area with alcohol and give them something non-alcoholic to drink and some food

F. On and Off Campus Resources

On-Campus Resources

The on-campus resources listed below are able to assist those who come to them with a concern related to sexual harassment, sexual misconduct, intimate relationship violence, or stalking.

  1. Department of Public Safety, Carlin Hall Basement, (202) 651-5555 V/SMS, dps@gallaudet.edu. The Department of Public Safety (DPS) makes an official report at the request of the student. DPS also provides information on how to contact outside agencies and assists in contacting these agencies when necessary.

  2. Title IX Coordinator, College Hall B18, (202) 759-1734 (VP), jennie.sivak@gallaudet.edu. Title IX Coordinator assist with problem resolution and responds to complaints of sexual harassment, sexual misconduct, intimate relationship violence, and stalking against students, staff and faculty.

  3. Deputy Title IX Coordinator for Students, Director – Student Accountability and Restorative Practices (SARP), Ely Center 103, (202) 759-5598 (VP), amy.rousseau @gallaudet.edu. The Director of Student Accountability and Restorative Practices serves as the Deputy Title IX Coordinator for Students. The Director assists with problem resolution and responds to complaints of sexual harassment, sexual misconduct, intimate relationship violence, and stalking against students.

  4. Health and Wellness Programs, Ely Center 103, (202) 651-5432, christine.gannon@gallaudet.edu. The Director of Health and Wellness Programs serves as the central source of sexual misconduct information and referral for students, and coordinates support for staff and faculty who respond to student concerns. In addition, Health and Wellness Programs develop and conduct prevention/risk reduction workshops for all incoming students and prepares and disseminates educational pamphlets, fact sheets, and articles concerning sexual misconduct.

  5. Counseling and Psychological Services (CAPS), Kellogg Conference Hotel at Gallaudet University, 3rd Floor, (202) 250-2300 (VP), caps@gallaudet.edu. Counselors are available during the day and may be contacted for emergency situations after office hours by the Department of Public Safety. CAPS provides confidential crisis management, short term therapy, and group therapy (depending on the number of students with similar concerns/issues). CAPS also provides a referral list of area agencies and private practitioners.

  6. Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, and Ally (LGBTQA) Center, HMB S141.The LGBTQA Center strives to provide a supportive and responsive environment for individuals of all sexual orientations, gender identities, and expressions that promote equity, inclusion, academic success and social justice.

  7. Office of Campus Ministries, Ely Center 114-118, (202) 651-5102 (V), ron.friedrich@gallaudet.edu. The Office of Campus Ministries (OCM) provides a variety of confidential counseling services to students, including personal counseling and crisis management in either individual or group settings. The OCM also makes referrals and works with other on-campus and off-campus offices and agencies to meet the needs of individuals in crisis.

  8. Office of the Ombuds, Ely Center 113, (202) 559-5079 (VP), ombuds@gallaudet.edu. The Office of the Ombuds is where students can go to get confidential, impartial, independent, and informal assistance and conflict resolution.

  9. Office of Residence Life and Housing, Ely Center 132, (202) 250-2233 (VP), susan.hanrahan@gallaudet.edu, or at CRE/GA offices in any residence halls. The Office of Residence Life and Housing provides immediate response through on-site or on-call staff. The Office of Residence Life and Housing, when directly involved in the initial contact of the student, is responsible for stabilizing the situation and assisting with contacts to other campus personnel. The Office of Residence Life and Housing can also provide emergency housing relocation and, together with Counseling and Psychological Services and/or Department of Public Safety, will arrange for transportation to the hospital, if necessary. The Office of Residence Life and Housing also provides educational materials and programs for students.

  10. Student Health Service, Peter J. Fine Health Center, (202) 651-5090 (V), shs@gallaudet.edu. During hours of operation, Student Health Service (SHS) provides confidential first aid and referral services for students who experienced sexual misconduct. SHS also screens and treats sexually transmitted infections (STIs) and provides appropriate follow-up care.

Off-Campus Resources

University community members have the right to file a report with the District of Columbia Police and are provided information on how to access them. Individuals are advised of options, as provided by District and Federal laws and regulations, with regard to testing sexual assault suspects for communicable diseases and the concomitant (accompanying) right to be notified of the results of such testing. 

A variety of external resources are available for victims, including the D.C. Rape Crisis Center, which provides counseling sessions and referrals to legal, medical, and counseling facilities and resources.

Washington Hospital Center

Emergency and Trauma

110 Irving Street NW

Washington, DC 20010

http://www.medstarwashington.org

202-877-7000 (V)

Provides a Sexual Assault Nurse Examiner (SANE) program (professional rape exam), medical attention, follow-up care and referrals, screening and STI treatment. 

DAWN

5321 First Place NE

Washington, DC 20011

http://www.deafdawn.org

202-559-5366 (VP)

202-742-1730 (Fax)

hotline@deafdawn.org (Mon - Fri, 9:00 AM - 5:00 PM)

E-mail: info@deafdawn.org

Focuses on deaf, hard of hearing, and deaf-blind survivors of domestic violence and sexual assault; DAWN provides an e-mail hotline Mondays through Fridays between 9:00 AM - 5:00 PM; DAWN also provides individual professional counseling, support groups, and serves as advocates.

D.C. Rape Crisis Center

http://www.dcrcc.org

202-232-0789 Business

202-333-RAPE (7273) 24-hour Hotline

202-328-1371 (TTY)

202-387-3812 (Fax)

E-mail: dcrcc@dcrcc.org

Provides individual counseling and companion service.

 

District of Columbia Metropolitan Police Department

Deaf and Hard of Hearing Liaison Unit (DHHU)

801 Shepherd Street NW

Washington, DC 20011

http://www.mpdc.dc.gov

Hours: 24 hours, daily

202-727-5437 (TTY)

202-698-0289 (V)

202-727-8453 (Fax)

E-mail: mpd.dhhu@dc.gov

For immediate police service, always call 911Provides the following services: sign language interpretation to aid deaf and hard of hearing citizens in their interaction with MPD, making official reports off-campus, assisting in contacting outside organizations, and leading investigations.

Rape, Abuse, and Incest National Network (RAINN)

2000 L Street NW, Suite 406

Washington, DC 20036

1-800-656-HOPE (V)

202-544-1034 (V)

202-544-3556 (Fax)

E-mail: info@rainn.org

http://www.rainn.org http://online.rainn.org (online hotline)

National Center for Victims of Crime

Stalking Resource Center

2000 M Street NW, Suite 480

Washington, DC 20036

202-467-8700 (V)

202-467-8701 (V)

http://www.victimsofcrime.org/our-programs/stalking-resource-center

The mission of the National Center for Victims of Crime is to forge a national commitment to help victims of crime rebuild their lives. They are dedicated to serving individuals, families, and communities harmed by crime. One of their programs is the Stalking Resource Center.

Network for Victim Recovery of DC (NVRDC)

5321 First Place NE

Washington, DC 20011

202-742-1720 (V)

www.nvrdc.org

Network for Victim Recovery of DC aims to change the impact of victimization by providing holistic, comprehensive services to all crime victims in DC. By meeting a victim where they are at, NVRDC staff provides civil and criminal legal services, advocacy, and case management.


National Domestic Violence Hotline

1-800-799-SAFE (V)

1-800-787-3224 (TTY)

www.thehotline.org

UASK DC"U ASK DC" phone app

www.uaskdc.org

U ASK is a project of Men Can Stop Rape and the District of Columbia Executive Office of the Mayor Office of Victim Services. It provides secure and confidential services on sexual assault in the District of Columbia and specifically on DC college campuses.

DeafLead Videophone Crisis Line

321-800-3323Text HAND to 839863

https://www.deafinc.org/deaflead/

DeafLEAD has a 24/7/365 nationwide crisis videophone hotline service to Deaf individuals who are victims of crime. Deaf individuals are now able to access immediate assistance and resources that are both culturally and linguistically accessible using a trauma-informed approach.

Licensed Professional CounselorsInquire with the Counseling and Psychological Services for a list of licensed professional counselors serving the deaf and hard of hearing locally and, if available, in your hometown

G. DC Code Definitions and Statutes

Sexual Assault

The District of Columbia criminal law does not define the term "sexual assault", as such. However, the District of Columbia has defined crimes known as sexual abuse. The crimes distinguish between sexual acts and sexual contacts. The specified meaning of those terms is set forth below.

Sexual act means: 

1.The penetration, however slight, of the anus or vulva of another by a penis;

2.Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or

3.The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Sexual contact means the touching with any clothed or unclothed body part or any object, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Sexual Abuse in the First Degree (D.C. Code Ann. § 22-3002)

A person commits First Degree Sexual Abuse if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:

1.By using force against that other person;

2.By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury or kidnapping;

3.After rendering that other person unconscious; or

4.After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

Sexual Abuse in the Second Degree (D.C. Code Ann. § 22-3003)

A person commits Second Degree Sexual Abuse if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:

1.By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or

2.Where the person knows or has reason to know that the other person is:

1.Incapable of appraising the nature of the conduct;

2.Incapable of declining participation in that sexual act; or

3.Incapable of communicating unwillingness to engage in that sexual act.

Sexual Abuse in the Third Degree (D.C. Code Ann. § 22-3004)

A person commits sexual abuse in the third degree if that person engages in or causes sexual contact with or by another person in the following manner:

1.By using force against that other person;

2.By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;

3.After rendering that person unconscious; or

4.After administering to that person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

Sexual Abuse in the Fourth Degree (D.C. Code Ann. § 22-3005)

A person commits the crime of sexual abuse in the fourth degree, if that person engages in or causes sexual contact with or by another person in the following manner:

  1. By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
  2. Where the person knows or has reason to know that the other person is:

1.Incapable of appraising the nature of the conduct;

2.Incapable of declining participation in that sexual contact; or

3.Incapable of communicating unwillingness to engage in that sexual contact.

Misdemeanor Sexual Abuse (D.C. Code Ann. § 22-3006)

Whoever engages in a sexual act or sexual contact with another person and who should have knowledge or reason to know that the act was committed without that other person's permission, is guilty of misdemeanor sexual abuse.

Consent

Consent means words or overt actions indicating a freely given agreement to the sexual act or contact in question. Lack of verbal or physical resistance or submission by the victim, resulting from the use of force, threats or coercion by the defendant shall not constitute consent. Consent is a defense to sexual abuse (in the 1st through the 4th degree) and misdemeanor sexual abuse.

Domestic Violence

In the District of Columbia, domestic violence can be defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner, dating partner, or family member.

The term "domestic violence" includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This consists of any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone.

The District of Columbia also defines domestic violence by reference to the terms intimate partner violence and IntraFamily Violence.

The term intimate partner violence means "an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person:

1.To whom the offender is or was married;

2.With whom the offender is or was in a domestic partnership; or

3.With whom the offender is or was in a romantic, dating, or sexual relationship.

The term intrafamily violence means "an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person to whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership or with whom the offender has a child in common."

Dating Violence

The District of Columbia does not define the term dating violence, as such. However, reference is made to dating relationships and other intimate relationships in the definition of domestic violence. Accordingly, dating violence is a form of domestic violence.

Dating violence can be properly defined as a pattern of abusive behavior in any romantic, dating, intimate or sexual relationship that is used by one partner to gain or maintain power and control over another intimate partner or dating partner. The term "dating violence" includes physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This consists of any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone.

Stalking

The act of stalking occurs when a person purposefully engages in a course of conduct directed at a specific individual with the intent to cause that individual to:

1.Fear for his or her safety or the safety of another person;

2.Feel seriously alarmed, disturbed, or frightened; or

Suffer emotional distress.

Such conduct constitutes the crime of stalking if that the person knows the conduct would cause that individual reasonably to:

1.Fear for his or her safety or the safety of another person;

2.Feel seriously alarmed, disturbed, or frightened; or

3.Suffer emotional distress.

"To engage in a course of conduct" means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to:

  1. Follow, monitor, place under surveillance, threaten, or communicate to or about another individual;
  2. Interfere with, damage, take, or unlawfully enter an individual's real or personal property or threaten or attempt to do so; or
  3. Use another individual's personal identifying information.

 

H. Definitions and Terms: Violence Against Women Act (from 42 USC § 13925) and The Clery Center for Security on Campus

Domestic violence: The term "domestic violence" includes felony or misdemeanor crimes of violence committed:

  • by a current or former spouse or intimate partner of the victim;
  • by a person with whom the victim shares a child in common;
  • by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  • 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 or violence occurred;
  • 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 or violence occurred.

Dating violence: The term "dating violence" means violence committed by a person:

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:

    a. The length of the relationship
    b. The type of relationship
    c. The frequency of interaction between the persons involved in the relationship.

For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Stalking: The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  1. fear for his or her safety or the safety of others: or
  2. suffer substantial emotional distress

For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Sexual Assault: The term "sexual assault" is an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation that meets the definition of rape, fondling, incest or statutory rape

Sex Offenses: The term "sex offenses" means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

  • Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental capacity.
  • Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.

 

[1] Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility in this Policy.

Approved by: Gallaudet University Administration

 Important Links

Gallaudet and Clerc Center’s Sexual Harassment Policies and Procedures (full version)

*Gallaudet Administration, Faculty and Staff
*Gallaudet Students
*Clerc Center Staff and Teachers
*Clerc Center Students

Gallaudet University Sexual Misconduct Policy and Procedures (full version)

Administrations and Operations Policy #1.13 (Clerc Center)

Administrations and Operations Policy #1.27:  Bullying in the Workplace

Administrations and Operations Policy #2.28:  Anti-Discrimination Policy and Complaint Procedure Title IX Office

Administration and Operations Policy #3.01: Equal Employment Opportunity

The Handbook of the University Faculty

Appendix:

  1. Glossary
  2. Resources and Support
  3. Educational and Prevention Programs
  4. Sexual Misconduct Risk Reduction Tips
  5. Safe and Positive Options for Bystander Intervention
  6. On and Off Campus Resources
  7. DC Code Definitions and Statutes
  8. Definition of Terms: Violence Against Women Act (VAWA) and the Clery Center for Security on Campus

THE 3.02 POLICY WAS DEVELOPED IN PART FROM THE USE AND ADAPTATION OF THE ATIXA 2020 INTERIM MODEL SEXUAL HARASSMENT POLICIES AND PROCEDURES WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO GALLAUDET UNIVERSITY AND THE CLERC CENTER. ALL OTHER RIGHTS RESERVED. ©2020. ATIXA