Sexual Misconduct and Sexual Harassment
Nothing matters more than the safety and well-being of every individual in our community. With that aim, Richmont continuously strives to educate the student community about the effects of sexual assault. Sexual harassment is antithetical to university values, a barrier to learning in the classroom, and an obstruction to productivity in the workplace.
Both legally and morally, Richmont rejects any form of sexual misconduct. Sexual harassment is prohibited by federal statute [cf. Title VII of the Civil Rights Act, 1964, 42 U.S.C. Sections 2000e et seq. (1992); Title IX of the Educational Amendments, (1972), 20 U.S.C. Sections 1681 et seq. (1990)]. Similarly, all members of the Richmont community share responsibility for the creation of a campus that bears joyful witness to the God-given worth of all persons. The university’s Christian identity and values require us to act in a manner honoring others.
Biblical View on Sexual Misconduct
Every member of the Richmont community should be aware that Richmont is strongly opposed to sexual misconduct and/or harassment and that such behavior is prohibited both by policy and by law [cf. Title VII of the Civil Rights Act, 1964, 42 U.S.C. Sections 2000e et seq. (1992); Title IX of the Educational Amendments, (1972), 20 U.S.C. Sections 1681 et seq. (1990)]. Sexual harassment is a barrier to learning in the classroom and to productivity in the workplace.
The two great commands are these: You shall love the Lord your God with all your heart…soul…and mind and You shall love your neighbor as yourself (Matt. 22:37, 39). As man and woman are made in the image of God (Gen. 1:27), so in Christ, there is neither male nor female (Gal. 3:28). Followers of Jesus are not to lord over one another (Matt. 20:25-27) but are to be in mutual submission (Eph. 5:21). Christians manifest these truths through their mutual service and love in the Body of Christ.
Sexual misconduct and sexual harassment are a violation of Christ’s commandment to love our neighbor as ourselves. It denies the image of God in the other, and it negates our oneness in Christ. Sexual harassment regularly involves an abuse of power. It invariably interferes with shared ministry and rends the Body of Christ. With these things in mind, together with the realization that when one member suffers all suffer together (1 Cor. 12:26), Richmont establishes the following policy, definitions, and procedures about sexual harassment. Richmont intends to take whatever action may be needed to prevent, correct, and if necessary, discipline behavior which violates this policy. Faculty, administrators, and supervisors have the responsibility to participate in the creation of a campus environment free from sexual harassment and an environment that bears joyful witness to the God-given worth of all persons.
Sexual Misconduct and Sexual Harassment Definitions
Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’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:
• 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 (U.S. Department of Education, 2016, Chapter 8).
Domestic Violence is defined as a felony or misdemeanor crime 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 of 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 of violence occurred (U.S. Department of Education, 2016, Chapter 8).
Stalking is defined as engaging in a course of conduct 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 (U.S. Department of Education, 2016, Chapter 8).
Sexual Assault is defined as an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program and included in Appendix A of 34 CFR Part 668 (U.S. Department of Education, 2016, Chapter 8).
Sexual Harassment incudes unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, and/or sexual assault. Sexual harassment occurs when:
• submission to such conduct is made either explicitly or implicitly a condition of instruction, employment, or participation in any Richmont activity;
• submission to or rejection of such conduct by an individual is used as a basis for evaluation in making any academic or personnel decision affecting that individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or participation in instructional, employment-related, or other Richmont activity.
Both men and women may be victims of sexual harassment. One person may be sexually harassing another person and not be aware that his or her behavior is viewed negatively. In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the conduct of the accused, as a whole, and to the totality of the circumstances, including the context in which the alleged conduct occurred.
Consent
Under Georgia law, consent to sexual activity is defined as an informed and voluntary agreement and cannot be given by someone who is underage (generally, the age of consent is 16 years old). Georgia courts have found consent cannot be given by someone who is incapacitated by drugs or alcohol, mentally incompetent, or in fear of being hurt or suffering other dangerous consequences.
Under Tennessee law, consent to sexual activity is defined as express or apparent agreement to engage in sexual activity. Consent cannot be given by persons who are forced, threatened, coerced, or deceived, incapable of understanding the nature of the conduct due to youth, intoxication, or a mental disease or defect, rendered incapable of controlling their actions or understanding the nature of the conduct due to acts done to them or substances consumed involuntarily, unconscious, asleep, or otherwise physically or verbally unable to object or resist, or underage (generally, the age of consent is 18 years old). Students, faculty, and staff who are outside of Georgia and Tennessee are encouraged to verify their state’s definition of consent.
Safe and Effective Bystander Interventions
Bystanders play a critical role in the prevention of sexual and relationship violence. They are "individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it." We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm.
We may not always know what to do even if we want to help. If you or someone else is in immediate danger, dial 911. This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt.
How to be an active bystander:
1. Create a distraction - Do what you can to interrupt the situation. A distraction can give the person at risk a chance to get to a safe place.
2. Ask directly - Talk directly to the person who might be in trouble.
3. Refer to an authority - Sometimes the safest way to intervene is to refer to a neutral party with the authority to change the situation.
4. Enlist others - It can be intimidating to approach a situation alone. Enlist another person to support you.
5. Your actions matter - Whether or not you were able to change the outcome, by stepping in, you are helping to change the way people think about their role in preventing sexual assault.
Risk Reduction of Sexual Misconduct
The following tips may reduce your risk for many different types of crimes, including sexual violence (taken from Rape, Abuse & Incest National Network, rainn.org).
1. Know your resources. Who should you contact if you or a friend needs help? Where should you go? Locate resources such as the campus health center, campus police station, and a local sexual assault service provider.
2. Stay alert. When you're moving around on campus or in the surrounding neighborhood, be aware of your surroundings. Consider inviting a friend to join you. If you're alone, only use headphones in one ear to stay aware of your surroundings.
3. Be careful about posting your location. Many social media sites, like Facebook and Foursquare, use geolocation to publicly share your location. Consider disabling this function and reviewing other social media settings.
4. Make others earn your trust. A college environment can foster a false sense of security. They may feel like fast friends, but give people time to earn your trust before relying on them.
5. Think about Plan B. Spend some time thinking about back-up plans for potentially sticky situations. If your phone dies, do you have a few numbers memorized to get help? Do you have emergency cash in case you can't use a credit card? Do you have the address to your dorm or college memorized? If you drive, is there a spare key hidden, gas in your car, and a set of jumper cables?
6. Be secure. Lock your door and windows when you're asleep and when you leave the room. If people constantly prop open the main door to the dorm or apartment, tell security or a trusted authority figure.