Enterprise State Community College
Title IX & Sex Discrimination Policy
FACTS SHEET
It is the policy of Enterprise State Community College to provide an educational and employment
environment free of all forms of discrimination or harassment. Discrimination or harassment based
upon one’s race, color, religion, national origin, gender identity, sexual identity, age, genetic
information, veteran status, or disability as defined in this policy and as otherwise prohibited by state
and federal statutes is prohibited at the College.
Sexual harassment, including acts of sexual assault, sexual violence, domestic violence, dating violence,
stalking and sexual exploitation/misconduct, is a form of sex discrimination and is prohibited at the
College. This policy applies to all College students, faculty, staff, other members of the College
community, and non-employee third parties who are doing business or providing services to the College.
In its efforts to provide a safe environment and in compliance with Title IX of the Education
Amendments of 1972, ESCC will not tolerate retaliation for claims made under the College’s Title IX
Policy.
What Constitutes a Title IX Offense?
Sexual Assault/Sexual Violence
Sexual assault/sexual violence is a particular type of sexual harassment that includes, but is not
necessarily limited to, non-consensual sexual contact, non-consensual sexual intercourse, physical
assaults of a sexual nature, such as rape, sexual assault, sexual battery, domestic violence, dating
violence, stalking or attempts to commit these acts or other physical sexual acts perpetrated against a
person’s will or where a person is incapable of giving consent.
Example: sex without consent of the individual
Sexual Harassment
Verbal or physical behavior of a sexual or sexist nature that creates a hostile environment.
Example: Repeated, persistent requests for a date or sex, ignoring the person’s “no”
Dating Violence
Physical, verbal, or sexual behavior that threatens the safety of an individual within the context of a
romantic or intimate relationship.
Example: pushing or hitting a partner or physically preventing the person from leaving
Domestic Violence
Domestic violence is a pattern of abusive behavior that is used by an intimate partner to gain or
maintain power and control over the other intimate partner. Domestic violence can be physical, sexual,
emotional, economic, or psychological actions or threats of actions that influence another person.
Example: verbally threatening a partner or physically harming a partner
Sexual Exploitation/Sexual Misconduct
Sexual exploitation/sexual misconduct occurs when a student/employee takes non-consensual or
abusive sexual advantage of another.
Example: Non-consensual video or audio-recording or broadcasting or sharing of sexual activity
Stalking
A course of conduct that causes a specific individual to fear their own safety or the safety of those they
care about.
Example: repeated calling, texting, or messaging even after being told not to.
Hazing
Hazing includes but is not limited to any act directed toward an individual, or any coercion or
intimidation of an individual to act or to participate in something which a reasonable person would
perceive is likely to cause physical or psychological injury and where such act is a condition of initiation
into, admission into, continued membership in or association with any group whether that group is a
formal or informal entity.
Example: Members pressuring new members of the same sex to "make out" with each other
Retaliation
Retaliatory acts against a person who reports a Title IX issue, or for filing, testifying, assisting, or
participating in any investigation or proceeding involving allegations of sex discrimination. Resulting
discipline may include student dismissal or employee termination.
Example: Physical, verbal, or electronic threats
Note: Use of alcohol or drugs will never function as a defense for any behavior that violates this policy.
What Should I Do?
Any inquiries regarding this policy should be directed to one or more of the Title IX Coordinators
identified below. These Coordinators will be available to meet with students and employees regarding
issues relating to Title IX and this policy.
Title IX Coordinators
The Title IX Coordinator is responsible for implementing and monitoring compliance of the policy on
behalf of the College. This includes responsibility for training, education, communication and
administration of grievance procedures for the handling of complaints alleging violations of this policy.
Title IX Coordinator for Students
Dr. Felisha Ford
Director of Counseling
Lurleen B. Wallace Student Center, Suite 102
fford@escc.edu
334-347-2623 ext. 2293
Title IX Coordinator for Employees
Ms. Jessica Herbster
George C. Wallace Administration Building, Room 121
jherbster@escc.edu
334-347-2623 ext. 2222
Reporting
A student, faculty member or staff member who has a complaint against a student, faculty, staff
member or other individual involving a suspected violation of this policy or of retaliation should contact
the appropriate Title IX Coordinator. Incidents may also be reported to any Responsible Employee (ESCC
faculty and staff) at any time; however, individuals are encouraged to report incidents within ten (10)
working days of an alleged violation. This will maximize the College’s ability to effectively investigate and
act upon an alleged violation. If the complaint is about the designated Title IX Coordinator, the
complaint will be sent directly to the President’s Office. The President will assign the complaint to
another administrator.
Filing a Criminal Report
Persons who wish to file a criminal report may contact the Enterprise State Community College Campus
Police at 334-447-6555 or 334-447-7564. In case of an emergency, please call 911.
WHAT CAN I EXPECT?
Investigation
The Title IX Coordinator will begin an investigation in partnership with other College officials, as deemed
appropriate by the College. The investigation phase will be completed within sixty (60) days of the filing
of a complaint.
As part of the investigation, the Title IX Coordinator will seek separate interviews with the complainant,
the accused, and any witnesses to the greatest extent possible. To help ensure a prompt, fair, and
thorough investigation, complainants and the accused are encouraged to provide as much information
as possible in connection with the investigation.
Resolution of a Filed Grievance
The Title IX Coordinator in partnership with other College officials, as deemed appropriate by the
College, will review the information gathered in the investigation process and determine next steps.
Within seven (7) days of the conclusion of the investigation, both the complainant and the accused will
be informed in writing by the Title IX Coordinator of the outcome of the investigation. The letter will
state the ruling of "violation" or "no violation" of the policy and any corrective actions/remedies that
will be put into place. This written notice will be issued concurrently to the complainant and the
accused. Unless the report is questioned or appealed, the report will stand as the resolution. Appeals
must be requested in writing to the Title IX Coordinator within seven (7) days of receipt of a written
outcome of an investigation. Allegations of sexual assault or sexual violence will not be resolved by
mediation.
WHAT ABOUT CONFIDENTIALITY?
Confidentiality
The College is committed to protecting the privacy of all individuals involved in a report of Title IX and
sex discrimination. All College employees who are involved in the College’s Title IX response process
have received specific instructions about respecting and safeguarding private information. Throughout
the process, every effort will be made to protect the privacy of all individuals involved in a manner that
allows the College to conduct a thorough review of the issue. Although rare, there are times when the
College may not be able to honor a victim’s request of confidentiality. This is the case when safety and
security are factors. If the College honors the request for confidentiality, a victim must understand that
the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the
alleged perpetrator(s) may be limited. In all cases of sexual violence that are a crime, the College has an
obligation to include the incident in its annual security report in accordance with the Clery Act
requirements.
For a complete copy of the Title IX & Sex Discrimination Policy for Enterprise State Community
College, please visit https://www.escc.edu/index.php/about-escc/consumer-information.
Devised June 2015