Policies and Reporting Process

                                                                                                                            Request training

Quick Links

Sexual Misconduct Policy
Reporting Process
Other Things to Consider

Sexual Misconduct Policy (Including Title IX)

Saint Mary’s College of California is committed to creating and maintaining a community in which all persons who participate in Saint Mary’s programs and activities can work and learn together in an atmosphere free of all forms of discrimination, exploitation, intimidation, or harassment, including sexual, based on a legally protected characteristic or status. Every member of the Saint Mary’s community should be aware that Saint Mary’s will not tolerate harassment or discrimination based on race, color, religion, national origin, ancestry, age, sex/gender, sexual orientation, gender identity, marital status, medical condition, or physical or mental disability, taking a protected leave (e.g., family medical or pregnancy leave), or on any other basis protected by applicable laws. Such behavior is prohibited both by law and by Saint Mary’s policy.

It is Saint Mary’s intention to take whatever action may be needed to prevent, correct, and if necessary, discipline behavior which violates this Policy, which may include suspension, termination, expulsion, or another sanction appropriate to the circumstances and violation. All members of the Saint Mary’s community, including faculty, staff, students, and volunteers are responsible for maintaining an environment that is free of sexual harassment and other forms of discrimination, harassment and retaliation as described in this Policy.

Title IX prohibits discrimination on the basis of sex in any federally funded education program or activity. The U.S. Department of Education Office For Civil Rights provides guidelines to ensure that schools take effective steps to respond to sexual harassment and sexual violence in accordance with the requirements of Title IX. 

Definitions

Discrimination

Unlawful discrimination may occur when an individual is treated less favorably with respect to the terms and conditions of employment or education, or with respect to the individual’s receipt of employment or educational benefits, because of his or her membership in a protected class.  Accordingly, all employment-related decisions, including but not limited to decisions relating to recruitment, hiring, promotion, transfers, benefits and any other terms and conditions of employment, will be made without regard to the employee’s or applicant’s race, color, religion, national origin, sex/gender, sexual orientation, gender identity, gender expression, marital status, pregnancy, age, physical disability, mental disability, medical condition, covered veteran status, genetic information, or other characteristic protected by federal or state law. Similarly, all education-related programs and activities, including but not limited to admissions, financial aid, academic programs, research, housing, athletics, and other extracurricular activities, will be administered without regard to the student’s or applicant’s race, color, religion, national origin, sex/gender, sexual orientation, gender identity, gender expression, marital status, pregnancy, age, physical disability, mental disability, or other characteristic protected by federal or state law.

Sexual Harassment

Sexual harassment is a form of sex discrimination that is illegal under both federal and state laws. It can be verbal, non-verbal, visual, or physical. Although what constitutes sexual harassment will vary with the particular circumstances, it is defined as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in a College activity; or
  • Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting that individual; or
  • Such conduct has the effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or abusive working or learning environment.

Sexual harassment does not include verbal expression or written material that is relevant and appropriately related to course subject matter or curriculum, and nothing in this policy is intended to interfere with Saint Mary’s educational mission or academic freedom, e.g., the ability of a teacher or student to examine examples of harassment appropriate to a particular subject.

A determination of whether particular conduct creates an intimidating, hostile or abusive work or learning environment is assessed from the point of view of a reasonable person in the complainant’s position. Such a determination also takes into account the totality of the circumstances, including, but not limited to, the following:

  • the frequency of the offensive conduct;
  • its seriousness;
  • whether it is physically threatening or humiliating;
  • the location of the conduct and the context in which it occurred;
  • the degree to which the conduct affected the education or employment environment; and
  • the relationship between the parties and their positions at Saint Mary’s

 

For the purposes of Title IX Policy:

“Covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

  • Quid Pro Quo which includes an employee conditioning educational benefits on participation in unwelcome sexual conduct;
  • Unwelcome Conduct of a Sexual Nature that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
  • Sexual Assault (as defined in the Clery Act), which includes any forcible or nonforcible sexual act directed against another person (contact with genitals, objects, however slight), rape, sodomy, sexual assault with an object, fondline, incest and statutory rape, without the consent of the victim including instances where the victim is incapable of giving consent;
  • Dating Violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
  • Domestic Violence (as defined in the VAWA amendments to the Clery Act), which includes any 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 California domestic or family violence laws or 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 California.
  • Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
  • Sexual Exploitation occurs when a person takes advantage of another person for the benefit of anyone other than that person, without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include but are not limited to: prostituting another person; recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent; distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; and, viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire. Sexual exploitation may occur regardless of whether sexual activity takes place.

Please not that conduct that does not meet one or more of these criteria may STILL BE PROHIBITED under the Code of Conduct for Students and the Employee Handbook for employees.

Examples of conduct which may be sexual harassment include, but are not limited to:

  • direct propositions of a sexual nature;
  • sexual innuendoes and other seductive behavior, including subtle pressure for sexual activity such as repeated, unwanted requests for dates, and repeated inappropriate personal comments, staring, or touching;
  • direct or implied threats that submission to sexual advances will be a condition of employment, promotion, grades, etc;
  • conduct (not legitimately related to the subject matter of a course or curriculum, if one is involved) that has the effect of discomforting, humiliating or both, and that includes one or more of the following:
  • comments of a sexual nature, including sexually explicit statements, questions, jokes, anecdotes, or graphic material (e.g., visuals, such as screen savers, which are sexually explicit);
  • unnecessary or unwanted touching, patting, massaging, hugging or brushing against a person’s body or other conduct of a physical nature;
  • remarks of a sexual nature about a person’s clothing or body;
  • insulting sounds or gestures, whistles, or catcalls;
  • invading someone’s personal space or blocking her/his path;
  • unwelcome and inappropriate letters, telephone calls, electronic mail, instant or text messaging, or other communications; 
  • displaying sexually suggestive objects, pictures, cartoons or posters (e.g. screen savers).
  • a consensual romantic or sexual relationship which:
    • causes adverse treatment of third parties; or
    • creates a hostile or intimidating working or learning environment for third parties;
    • stalking (which is also criminal behavior);
    • sexual assault (which is also criminal behavior).

Some conduct that may appear to be consensual may also be unacceptable.

Sex/gender-based discrimination, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on a person’s gender or gender-based characteristics, but not involving conduct of a sexual nature (e.g., the repeated sabotaging of female students’ laboratory experiments by male students in the class), may be a form of sex discrimination prohibited by law. While sex/gender-based discrimination may be distinguished from sexual harassment, acts of sex/gender-based discrimination may contribute to the creation of a hostile work or academic environment. Thus, a determination of whether a hostile environment due to sexual harassment exists may take into account acts of sex/gender-based discrimination.

Not all sexual harassment occurs between persons of differing power. Sexual harassment may also occur between peers. In addition, while the majority of reported cases of sexual harassment involve a male harassing a female, sexual harassment may also involve a female harassing a male, or an individual harassing a person of the same gender. 

Employees who engage in conduct in violation of this policy are acting outside the scope of their employment responsibilities and, in addition to discipline including termination of their employment, may be subject to individual legal liability and damages for their actions.

NOTE: Nothing in Saint Mary’s policy prohibiting sexual harassment should be construed to prevent employees from rigorously challenging fundamental beliefs held by students and society. However, employees may not interject into the academic setting sexual material that is unrelated to any legitimate educational objective or allow the educational setting to be so sexually charged that Saint Mary’s students are prevented from effectively participating in the academic environment.

Retaliation and/or Violation of Interim Protections

Threats or other forms of intimidation and/or retaliation against a student or employee for bringing a complaint of alleged discrimination, harassment (including sexual or sexual assault) or of any other violations of College policies, including but not limited to the Student Code of Conduct, are prohibited. This prohibition includes threats or other forms of intimidation and/or retaliation against the family or friends of a student or employee who brings a complaint under this policy, or those who assist a student or employee in bringing a complaint, or those who participate in an investigation and/or student discipline process for an alleged violation of the Student Code or other College policy.

Retaliation is a violation of College policy and may also be a violation of the law. An allegation of retaliation constitutes an independent basis for investigation and imposition of sanctions on the retaliating student or employee if determined to have occurred. All conduct that is believed to constitute retaliation should be reported immediately to Evette Castillo Clark, Dean of Students (Title IX Deputy), ecc4@stmarys-ca.edu at 925-631-4238—when the individual alleged to have engaged in retaliation is a student or student visitor— or to Laurie Panian, AVP for Human Resources & Title IX Coordinator, lmp10@stmarys-ca.edu —when the individual alleged to have engaged in retaliation is an employee (faculty and staff) or visitor to the College (e.g., contractors, vendors, or non-student guests).

The reporting procedures described below also apply to allegations of retaliation. Interim protections mean steps the College takes to reasonably protect employees and students during an investigation and/or student discipline process.

Sexual Assault Reporting Process

Complaint and Reporting Procedures and Resources for Addressing Incidents of Discrimination, Harassment, Including Sexual, and Retaliation

Saint Mary’s has in place internal procedures to investigate and address complaints of discrimination, harassment (including sexual) and retaliation as described in this Policy. These procedures are intended to assure fairness and to maintain confidentiality in the process of responding to complaints.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail
using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. The College will accept anonymous complaints however the College will be limited in its ability to address the concerns without identifying reporting parties to obtain supporting information.

Complaints of discrimination, harassment, including sexual harassment or sexual assault, and/or retaliation involving students or student visitors should be reported promptly to:

  1. Title IX Deputy Coordinator:
    Dr. Evette Castillo Clark, Dean of Students
    ecc4@stmarys-ca.edu
    925-631-4238
  2. Public Safety Department
    Emergency: 9-1-1 OR 925-631-4282
    General Information/Administration: 925-631-4052

Complaints of discrimination, harassment, including sexual harassment or sexual assault, and/or retaliation that involve employees (faculty and staff) or visitors to the College (e.g., contractors, vendors, volunteers or non-student guests) should be reported promptly to:

  1. Title IX Coordinator
    Laurie Panian, AVP Human Resources  
    925-631-4212
    lmp10@stmarys-ca.edu
  2. Title IX Deputy Coordinator:
    Erika Roesch, Recruiting Manager, Human Resources   
    925-631-4212
    ehr2@stmarys-ca.edu
  3. Public Safety Department
  4. Emergency: 9-1-1 OR 925-631-4282
    General Information/Administration: 925-631-4052
  5. Vice Provosts, Deans, Managers, Supervisors

TheTitle IX Coordinator is responsible for overseeing Saint Mary’s compliance with this Policy and will determine the appropriate next step for investigation and resolution. All members of the Saint Mary’s community must cooperate fully with the Title IX Coordinator and Title IX Deputy in the fulfillment of her/his responsibilities.

Reports should be brought as soon as possible after the alleged conduct occurs, but may be made at any time. Prompt reporting will enable the College to investigate the facts, determine the issues, and provide an appropriate remedy or disciplinary action. The College shall respond to reports of sexual harassment brought after one year to the greatest extent possible, taking into account the amount of time that has passed since the alleged conduct occurred. Once reported, the Title IX Coordinator and/or his/her designees will provide prompt and equitable resolution.

In addition, individuals who believe they have experienced discrimination, harassment, including sexual harassment or sexual assault, based on the protected characteristics listed above and/or retaliation are also free to contact the Equal Employment Opportunity Commission and/or the California Department of Fair Employment and Housing to pursue external legal remedies.

Investigation and Corrective Action

The College will investigate every reported complaint of unlawful discrimination or harassment.  The investigation will be conducted in a thorough, prompt and professional manner.

If the conclusion of the investigation is that unlawful discrimination or harassment occurred, the College will initiate corrective action, as appropriate under the circumstances.  For employees, the corrective action may range from verbal warnings up to and including termination from employment.  For students, the corrective action will be imposed in a manner consistent with the College’s Student Conduct Code or other applicable procedures.  If the individual found to have engaged in the unlawful discrimination or harassment is not an employee or student of the College, corrective action within the reasonable control of the College, and as appropriate under the circumstances, will be initiated.

If termination of a faculty member is contemplated, the applicable rules governing dismissal for unfitness will be followed.

The employee or student who raised the complaint will be advised of the results of the investigation, unless doing so is prohibited by FERPA or other applicable law.  Similarly, an employee or student who is accused of the unlawful discrimination or harassment will be advised of the results of the investigation.

Intentionally False Reports

Discriminatory activity and harassment, and particularly sexual harassment or assault, often is not witnessed by others, and reports of such activity cannot always be substantiated by additional evidence.  Lack of any such additional evidence should not discourage an individual from reporting any incident In violation of this policy.  However, individuals who make reports that are later found to have been intentionally false or made maliciously, without regard for truth, may be subject to disciplinary proceedings.

Confidentiality

Consistent with the requirements of this Policy, Saint Mary’s College of California shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a Formal Complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. This means that Saint Mary’s College of California will protect the party’s privacy consistent with this Policy but may disclose information to those who have a legitimate need to know and in order to process complaints under this policy.

Confidentiality is not absolute, however. Where criminal conduct has occurred, or where the health and/or safety of others in the community may be in danger, it may be necessary for Saint Mary’s College of California to take appropriate steps to protect the safety of its students and employees, including the person who has reported the misconduct.

The Director of Campus Assault Resources and Education, Megan Gallagher at 925-631-4193, can offer confidentiality to a student. This will give the student time to seek out support, learn their options regarding reporting both on and off campus, without initiating a college disciplinary response. The confidentiality offered through this resource applies only to the student’s communications with the sexual assault counselor and does not preclude the College from fulfilling its obligations to investigate incidents of assault based on information obtained from other sources. It will be important for the student to understand that if the College obtains information through other sources (e.g., roommates, witnesses, parents, friends or others), the College is obligated to act on that information, which may lead to the initiation of a disciplinary hearing or other administrative action. 

Additionally, the counselors at Counseling and Psychological Services (925-631-4364) can offer students, as clients, confidentiality and the information and options available to them. Information can be shared confidentially with a priest on campus, in the context, and under the protection, of the priest-penitent privilege. 

Physicians may keep the confidentiality of statements made to them in their role as medical professionals, but are required by law to report

  1. treatment of an injury sustained during a sexual assault, and
  2. suspicion of a sexual assault committed against a person under 18 years of age.

Information shared with other individuals is not legally protected from disclosure. For example, the Dean of Students may need to inform other individuals to protect their safety or rights, in fairness to the persons involved, or in response to legal requirements.  In addition, the College is required by law to report to the police certain information about incidents occurring on campus.  Such reports are for statistical purposes only and do not include individual identities.

Sometimes a student may wish to report an incident of sexual misconduct, domestic violence, dating violence or stalking without pursuing disciplinary or legal action. The College will seek to respect the wishes of the student when possible, recognizing that the College has a legal obligation to review all reports of sexual misconduct. Even if a student does not want to proceed, the College may need to proceed nonetheless. Depending on the circumstances such as the severity of the event, the respective ages and roles of the parties, whether there have been prior complaints against the accused, and right of the accused to be informed of the allegations against him/her, the College may determine it is necessary to proceed with a disciplinary response or implement other appropriate remedies. In such cases, the College will notify the Complainant. For more information, please carefully review the Sexual Assault and Sexual Misconduct Policy in the Student Handbook.

Students are urged to keep in mind that reporting acts of sexual violence, dating or domestic violence and stalking can help prevent future similar acts.

Other Things to Consider

Anonymous Reporting

Any individual may make an anonymous report concerning an act of sexual harassment or other forms of misconduct (e.g., dating or domestic violence or stalking). An individual may report the incident without disclosing his / her name, identifying the Respondent or requesting any action. Depending on the level of information available about the incident or the individuals involved, however, the College’s ability to respond to an anonymous report may be limited.

Anonymous reports may be made during the regular academic year to the Campus Assault Response and Education (CARE) 24-hour telephone hotline: 925-878-9207. This campus based service allows anyone to report suspected misconduct or other issues with complete confidentiality. This service allows the person making the report and College administrators to confer about additional details, while the reporting party’s identity remains anonymous. Members of the CARE Team are trained to assist students by providing information and discussing available resources and options (medical, legal, emotional, and academic), by making referrals and providing access to appropriate College and community services as needed. Team members do not act as counselors. All reports will go to the Title IX Coordinator.

Investigation and Corrective Action

The College will investigate every reported complaint of unlawful discrimination or harassment. The investigation will be conducted in a thorough, prompt and professional manner.

If the conclusion of the investigation is that unlawful discrimination or harassment occurred, the College will initiate corrective action, as appropriate under the circumstances. For employees, the corrective action may range from verbal warnings up to and including termination from employment. For students, the corrective action will be imposed in a manner consistent with the College's Student Code or other applicable procedures. If the individual found to have engaged in unlawful discrimination or harassment is not an employee or student of the College, corrective action within the reasonable control of the College, and as appropriate under the circumstances, will be initiated. If termination of a faculty member is contemplated, the applicable rules governing dismissal for unfitness will be followed.

The employee or student who raised the complaint will be advised of the results of the investigation, unless doing so is prohibited by FERPA or other applicable law. Similarly, an employee or student who is accused of the unlawful discrimination or harassment will be advised of the results of the investigation.

Intentionally False Reporting

Discriminatory activity and harassment, and particularly sexual harassment or assault, often is not witnessed by others, and reports of such activity cannot always be substantiated by additional evidence. Lack of any such additional evidence should not discourage an individual from reporting any incident in violation of this policy. However, individuals who make reports that are later found to have been intentionally false or made maliciously, without regard for truth, may be subject to disciplinary proceedings.

Law Enforcement

The College advises Complainants that they can also pursue criminal action for incidents of sexual harassment or misconduct that may also be crimes under the law. In every case of sexual violence, the College, through the Director of Public Safety of the College, will notify the Moraga Police Department of the allegations. The College will provide a Complainant information concerning how to make a criminal report. In the event that law enforcement agencies pursue the complaint, the College will cooperate to the extent permitted by law.

Interim Measures

Upon receipt of a report, the College will provide interim support and reasonable protective measures to provide a safe educational and work environment. The College will determine the necessity and scope of any interim measures keeping in mind both the Complainant’s and Respondent’s respective positions. Even when a Complainant or Respondent does not specifically request that protective action be taken, the College may choose to impose interim measures at its discretion to ensure the safety of any individual, the broader College community or the integrity of the review process. The range of interim measures may include no contact directives, changes in class or work schedules, changes in living, interim suspension or other measures as necessary.

Students seeking such assistance should speak with the Title IX Coordinator or a Deputy Title IX Coordinator for Students, who will coordinate such requests on the behalf of the student. The College will maintain contact with the parties to ensure that all safety, emotional, and physical well-being concerns are being addressed.

Prohibition Against Retaliation

It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group of individuals reported an allegation of sexual harassment or misconduct. The College recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that a Respondent can also be the subject of retaliation by the Complainant or a third party. The College will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate.

Truthfulness

All individuals participating in the complaint process, including but not limited to making an initial report or complaint, are expected to tell the truth in all disciplinary matters. In order to ensure this is possible, individuals participating in student discipline hearings regarding an alleged violation of the Sexual Assault and Sexual Misconduct Policy will not be charged and held responsible for minor violations of the Code or other College policy. However, if there is a concern about a student’s safety and/or use of alcohol and other drugs, the College may recommend counseling or other educational resources to the affected student.

Reports Involving Minors 

Saint Mary’s College is committed to the prevention of child abuse and encourages reporting of suspected child abuse by all members of the Saint Mary’s community. Saint Mary’s students, staff or faculty may interact with minors on campus or through programs in the community sponsored by the College. Under California law, an employee or administrator of the College, whose duties bring the administrator or employee into contact children on a regular basis or supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution are considered mandatory reporters. In addition, other mandatory reporters on campus include, but are not limited to any athletic coach, assistant coach or a graduate assistant coach, physicians, counselors and any priest, minister, religious practitioner or any member of a recognized religious denomination or organization, including any custodian of records for them. This means that College employees must report if there is reasonable cause to believe that a child (under 18 years of age) is suffering physical or emotional injury resulting from abuse, including sexual abuse, which causes harm or substantial risk of harm to the child’s health or welfare. Reasonable cause to believe that a child is suffering harm or substantial risk of harm may be based on information shared with the employee by the child or any other individual; or the employee’s own observations or knowledge.

Child abuse includes physical abuse, sexual abuse, emotional abuse, or neglect. Child abuse may be committed by any individual, including an employee, volunteer, parent, caregiver or other party in the child’s life. The duty to report exists regardless of the specific role the suspected offender occupies in the child’s life. The duty to report is triggered by reasonable suspicion or belief. There is no requirement that an employee has actual evidence of abuse, nor should an employee seek to investigate the matter himself/herself. For mandatory reporters, failure to report suspected child abuse is a crime and may constitute grounds for discipline, including termination.

All Saint Mary’s College employees are directed to bring all suspicions or beliefs to the immediate attention of the College’s Department of Public Safety or the Title IX Coordinator, who will then make the appropriate external report to the California Department of Children and Families or to local law enforcement. Any member of the Saint Mary’s College community may also make a direct report to any of these agencies. Children’s Protective Services for Contra Costa County can be reached at the following numbers: 925-646-1680 Central Contra Costa County, or 510-374-3324 West Contra Costa County. 

The notification to DCF should be made immediately. For further information go to childsworld.ca.gov.

Clery Reporting

The College is required to document all reports of sexual misconduct, including but not limited to domestic and dating violence and stalking, to satisfy the College’s obligation to report statistics of crime on campus consistent with the Clery Act. No personally identifiable information about the Complainant will be shared for the purpose of maintaining these statistics. Identities and specific fact patterns will remain anonymous.

If a report of misconduct discloses an immediate threat to the College campus community, where timely notice must be given to protect the health or safety of the community, the College may not be able to maintain the same level of confidentiality. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the College students, faculty, administrators, staff, or visitors.