Sexual Harassment By Employee: Sexual harassment of a student by a College District employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

A College District employee causes the student to believe that the student must submit to the conduct to participate in a college program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
The conduct is so severe, persistent, or pervasive that it limits or denies the student’s ability to participate in or benefit from the College District’s educational program or activities.

By Others: Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from the College District’s educational program or activities.

Any conduct of a sexual nature perpetrated against a person under the legal age to give consent or person with a developmental or intellectual disability, including but not limited molestation, statutory rape, sexual exploitation, and child sexual abuse.

Causing or threatening to cause bodily harm to another person or any physical sexual act(s) against another person without affirmative consent or when the person is incapable of giving consent. This includes forcible and non-forcible rape or sexual intercourse, date rape, acquaintance rape, Domestic violence, and Intimate Partner Violence.

Rape is any 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, including the attempts or assaults to commit rape.

Sexual Exploitation is any behavior or attempted behavior of sexual nature, including:

Causing the incapacitation of another person through physical or mental assaults, alcohol, drugs or any other means
Exploiting, photographing, recording, distributing, displaying or viewing activity of a sexual nature, allowing third parties to view sexual activity, or other acts of Sexual Exploitation, regardless of medium, where there is a reasonable expectation of privacy or where consent was not authorized by all parties involved
Prostituting another person
Observing or allowing a third party to observe the intimate parts of oneself or of another person where there is a reasonable expectation of privacy or where consent was not authorized by all parties involved, or other acts of voyeurism
Knowingly exposing another person to a sexually transmitted disease without the other person's knowledge

Any physical sexual act perpetrated against a person's will (unwanted, unwarranted or unwilling), or where a person is incapable of giving consent, regardless if in a romantic or intimate relationship, including but not limited to acts that cause or threaten to cause bodily harm (e.g. sexual assault, sexual battery, sexual abuse, and sexual coercion, Domestic Violence, Dating or Intimate Partner Violence, or the act of having or attempting to have sexual contact with another person or group without consent, including but not limited:

Touching or fondling another person's body (clothed or unclothed) by another person with any part of the body or any object in a sexual manner
Penetration of another person's body (clothed or unclothed) by another person with any part of the body or any object in a sexual manner
Causing or attempting to cause another person to touch one's own or another's body in a sexual manner
Intentional exposure of one's genitals to another person
Dating Violence “Dating violence” means 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.
“Domestic violence” means violence committed by:
- A current or former spouse or intimate partner of the victim
- A person with whom the victim shares a child in common
- A person who is cohabitating with, or has cohabitated with the victim as a spouse or intimate partner
- Any other member of the victim’s family as defined by state law
- Any other current or former member of the victim’s household as defined by state law
- A person in a dating relationship with the victim as defined by state law
- Any other person who acts against the victim in violation of the family violence laws of this state or the jurisdiction where the conduct occurs
Domestic or Family is any intimidation, assault, violence or the threat of violence, including sexual violence, against another person family or household member
Statutory rape which is non-forcible sexual intercourse with a person under the legal age to give consent
Sodomy which is the oral or anal intercourse with another person without that person's consent
Any other intentional sexual contact with another person without that person’s consent

Any repeated and unwanted or unwelcome behavior, attention or contact, verbal, non-verbal or electronic, regardless if in a romantic or intimate relationship, which would cause another person to feel fear, suffer emotional or psychological stress, or intimidates or interferes with another person's ability to participate in or benefit from the educational, extracurricular, co-curricular or employment activities or programs of the College District.

Any act of sexual nature that occurs where consent is unable to be given due to being:

Under the influence of alcohol, drugs, prescribed medications or other substance, or where such substance has rendered a person physically or mentally incapable of communication or making decisions about consent to acts of a sexual nature
Sleep, unconscious, incapacitated or intermittent unconsciousness; underage; or impaired due to mental, developmental or physical disability
Permanently or temporarily impaired due to mental, developmental or physical disability
Forced through the use of physical violence, threats, intimidation, or coercion
Under the legal age to give consent

Gender-Based Harassment, whether verbal, non-verbal, graphic or electronic, including:

Unwelcome or unwarranted conduct or behavior based on the person's gender, the person's expression of characteristics perceived as stereotypical for the person's gender, or the person's failure to conform to gender stereotypes
Conduct that is so severe, persistent, or pervasive that the conduct limits or denies a person's ability to fully participate in or benefit from the educational, extracurricular, co-curricular or employment activities or programs of the College District
Offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property regardless of the complainant's or the respondent's actual or perceived sexual orientation or gender identity

Conduct that limits or denies a person's ability to fully participate in or obtain employment or educational opportunities, programs or services because of person's sex or gender identity, including but not limited to:

Refusing or limiting transgender or gender nonconforming persons full participation in or access to educational, extracurricular, co-curricular or employment activities, programs or services of the College District
Refusing or limiting transgender or gender nonconforming persons equal access to facilities, rooms, offices, bathrooms or other College District properties
Refusing or limiting any other persons full participation in educational, extracurricular, co-curricular or employment activities and programs, or equal access to facilities, rooms, offices, bathrooms or other College District properties based on the person's sex

Any conduct or threat of a sexual nature where such conduct is severe, persistent or pervasive in intimidating or interfering with another person's ability to participate in or benefit from the educational, extracurricular, co-curricular or employment activities or programs of the College District, or which adversely impacts the a College District's educational, extracurricular, co-curricular or employment environment.

Complicity is any act that serves the purpose or intent to aid, abet, facilitate, promote, support or encourage the commission of an act prohibited in this policy.

Retaliation against a person for the good faith reporting of Prohibited Conduct, including persons serving as a witness or otherwise participating in the complaint, investigatory, hearing or appeal process, or any portions thereof. This also includes but is not limited to threats, rumor spreading, physical/verbal assaults, ostracism, destruction of property, and/or unjustified employment or educational punishments.

The College District requires employees observing or having knowledge of prohibited conduct to immediately report such conduct to the Title IX Coordinator. Employees include administrators, supervisors, directors, deans, department chairs, human resource personnel, staff, instructors, unpaid interns, resident assistants, and other student-employees, when reporting is within their capacities as employees.

Although not required, students are strongly encouraged to immediately report prohibited conduct to the Title IX Coordinator and/or seek counseling, medical and/or support assistance.

Any person or victim that is a recipient of Prohibited Conduct is strongly encouraged to report the conduct to the Title IX Coordinator and/or seek counseling, medical and/or support assistance. Victims of sexual assault are highly encouraged to contact campus or local police and seek immediate medical attention.

For Prohibited Conduct that is a criminal offense pursuant to Texas Penal Code, Chapters 21 and 22 or applicable federal or state criminal law, the College District, if required by law, shall report such Prohibited Conduct to NCTC Police Department and/or appropriate local law enforcement agency. Even if not required by law, the College District may report such Prohibited Conduct, based on its severity, to the appropriate law enforcement agency. The Complainant shall be advised if such action is taken by the College District.

Any other person who becomes aware of an incident of Prohibited Conduct is strongly encouraged to immediately report the alleged conduct to the College District Title IX Coordinator.

Glossary of Terms