Sexual Misconduct Policy

Members of the Perry Technical Institute community, guests and visitors have the right to be free from all forms of sex/gender harassment, discrimination and misconduct, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking.

All students at Perry Technical Institute shall have the right to learn in an environment free from any form of unlawful discrimination. We expect all members of the campus community to conduct themselves in a manner that does not infringe upon the rights of others. When an allegation of misconduct is brought to the school’s attention, protective and other remedial measures will be used to reasonably ensure that such conduct ends, is not repeated, and the effects on the victim and community are remedied, including serious sanctions when a responding party is found to have violated this policy.

Perry Technical Institute’s Equity Resolution Process can be viewed online at perrytech.edu/diversity/misconduct.html. The Equity Resolution Process defines Perry Tech’s Equal Opportunity, Harassment and Non-Discrimination Policy at length and includes our process for looking into and remedying allegations of harassment, sexual misconduct and other forms of discrimination.

Sexual Harassment

Sexual harassment is constituted as discrimination and is prohibited by state and federal laws. Sexual harassment is a form of sexual misconduct. Therefore, it is the position of Perry Technical Institute that sexual harassment will not be tolerated. It is a violation of PTI policy for any supervisor or employee, student, male or female, to engage in sexual harassment as defined below. Such conduct will result in disciplinary action up to and including dismissal.

Sexual harassment is:

Unwelcome
Sexual, sex-based and/or gender-based
Verbal, written, online and/or physical conduct

Sexual harassment may be disciplined when it takes the form of quid pro quo (this for that) harassment, retaliatory harassment, and/or creates a hostile environment.

A hostile environment is created when sexual harassment is:

Severe, or
Persistent or pervasive, and
Unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from PTI’s education program or employment

Quid Pro Quo Sexual Harassment:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made (either explicitly or implicitly) a term or condition of rating or evaluating an individual’s educational development or performance.

Some examples of sexual harassment include, but are not limited to:

Unwanted sexual advances
Offering benefits in exchange for sexual favors
Making threatening reprisals after a negative response to sexual advances
Visual conduct such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, posters, or electronic mail
Verbal conduct such as making derogatory comments, epithets, slurs, sexually explicit jokes, or comments about an individual’s body, dress, gender, sexual orientation or gender identity, sexual innuendo, or gossip about sexual relations
Verbal sexual advances or propositions
Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, or suggestive or obscene letters, invitations, notes, e-mails, or text messages.
Physical conduct such as touching, assault, or impeding or blocking movement
Cyber harassment, including but not limited to disseminating information, photos, or video of a sexual nature without consent
Retaliation for reporting harassment or threatening to report harassment
Sexual assault, domestic violence, dating violence, and stalking

Any student, who believes he/she has experienced such conduct by anyone should tell the offender that such conduct is unwelcome and unacceptable. If the offensive behavior does not stop, or if the student is uncomfortable confronting the offender, the student must immediately report such conduct to an instructor or to the Title IX Coordinator.

Sexual Misconduct

Perry Technical Institute views sex or gender based discrimination as sexual misconduct, and violations of this policy may result in sanctions. Generally speaking, Perry Technical Institute considers non-consensual sexual intercourse violations to be the most serious of the offenses and the most severe penalties may be imposed, including suspension or expulsion for students and termination for employees.

Consent defined by Washington State law means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact (RCW 9A.44.010). Sexual intercourse or sexual contact without consent is considered sexual assault and will be treated by PTI as sexual misconduct, treated with all seriousness by the school, and may be subject to criminal proceedings. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved.

Violations include:

Sexual harassment as defined above
Non-consensual sexual Intercourse defined as: Any sexual intercourse, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual intercourse includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact) no matter how slight the penetration or contact.
Non-consensual sexual contact defined as: Any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes intentional contact with the breasts, groin or genitals, or mouth; touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other bodily contact in a sexual manner.

Reporting

Perry Technical Institute encourages reports of unwelcome conduct of a sexual nature. PTI wants to resolve all problems, but it can only do so if it is aware of them. All Perry Technical Institute employees are considered mandatory reporters, and must share information they have related to any Title IX or sexual misconduct policy violations. Furthermore, we encourage any student who believes he/she is being harassed or has been subject to sexual misconduct to report any and all incidents of perceived harassment or sexual misconduct. If at any time you observe harassment or feel you are being harassed or if you observe sexual misconduct or feel you are a victim, you should immediately contact the Title IX Coordinator.

The school’s Title IX Coordinator oversees compliance with all aspects of the sex/gender harassment, discrimination and misconduct policy. The coordinator reports to the president, and is housed in the main building. Questions about this policy should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to discrimination or harassment may do so by reporting the concern to the PTI Title IX Coordinator:

Title IX Coordinator/Director of HR

Perry Technical Institute

509.895.5755

titleix@perrytech.edu

Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form posted at perrytech.edu/safety/incident-report.html. Note that these anonymous reports may prompt a need for the institution to investigate. In cases of alleged sexual assault, harassment, etc., victims who come forward to report the incident, and who may have consumed alcohol or drugs will not be subject to the PTI Drug-Free and Alcohol-Free Campus and Workplace Policy for that consumption.

Privacy

Perry Technical Institute has a legal obligation to investigate complaints and to take reasonable steps to prevent ongoing harassment, discrimination, sexual misconduct, and related retaliation. While we cannot guarantee complete confidentiality, all aspects of the complaint-handling procedure will be dealt with discreetly. However, it may be necessary to include others on a strict need-to-know basis. Students who wish to maintain confidentiality are encouraged to access support through the resources below:

Aspen Victim Advocacy Services Hotline	509.452.9675
Comprehensive Healthcare	509.575.4084
Lower Valley Crisis and Support	509.837.6689
Neighborhood Health Services	509.454.4143
Rape Crisis and Victim Services Hotline	817.927.2737
YWCA	509.248.7796
Yakima County Sexual Assault Resource Center 24-hour line	509.575.4200 or 800.572.8122
Yakima Sexual Assault Unit Hotline	509.452.9675

Retaliation

PTI prohibits retaliation against any student who complains of sexual harassment or who participates in an investigation. All aspects of the complaint-handling procedure will be dealt with discreetly. However, it may be necessary to include others on a need-to-know basis. All incidents of prohibited harassment that are reported will be investigated. The Title IX Coordinator will immediately undertake or direct an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed as soon as practical and a determination regarding the reported harassment will be made and communicated to the student who complained and to the accused harasser. If a complaint of prohibited harassment is substantiated, appropriate corrective action, up to and including dismissal, will be taken. Appropriate action will also be taken to correct the effects of the harassment and to deter any future harassment.