Policy: Power-Based Violence / Sexual Misconduct

Document Number: 2.044
Title: Power-Based Violence / Sexual Misconduct
Effective Date: 11/30/2021
Revised Dated: 10/8/2026

I. INTRODUCTION

River Parishes Community College (RPCC) is committed to providing safe, inclusive, and protective educational and working environments. College leadership, employees, and community partners shall collaborate in developing and implementing policies and practices designed to prevent discrimination, harassment, misconduct, and violence and to foster a culture of dignity and respect.

This Policy is adopted pursuant to applicable federal and state law and LCTC Policy 9.001. It establishes requirements and procedures for preventing, reporting, investigating, and resolving power-based violence committed by or against an RPCC student or employee.

Power-based violence is interpersonal conduct intended to control, coerce, harm, exploit, or intimidate another person on the basis of sex through the assertion of power or authority. It includes, but is broader than, sexual misconduct and conduct falling within the jurisdiction of Title IX.

RPCC shall review this Policy on an ongoing and as-needed basis and shall amend it when necessary to remain consistent with federal law, Louisiana law, LCTC policy, and applicable regulatory guidance. Required policies, procedures, reports, resources, and reporting options shall be published on RPCC’s website.

II. POLICY STATEMENT

RPCC prohibits discrimination on the basis of sex and prohibits power-based violence, sexual misconduct, and retaliation.

This Policy applies in accordance with applicable laws, including:

1. Act 472 of the 2021 Regular Session of the Louisiana Legislature;
2. Act 689 of the 2022 Regular Session of the Louisiana Legislature;
3. Act 211 of the 2023 Regular Session of the Louisiana Legislature;
4. Title IX of the Education Amendments of 1972;
5. Title VII of the Civil Rights Act of 1964;
6. The Violence Against Women Act;
7. The Jeanne Clery Campus Security Act;
8. Louisiana Revised Statutes governing power-based violence; and
9. Other applicable federal and state laws.

RPCC shall take reasonable steps to prevent prohibited conduct, respond promptly and equitably when such conduct is reported, provide appropriate supportive measures, and protect individuals from retaliation.

III. NONDISCRIMINATION

RPCC shall publish and distribute a notice of nondiscrimination to students, employees, applicants for admission or employment, and other relevant individuals. The notice shall be prominently displayed on the College’s website and included in appropriate publications of general distribution.

RPCC does not discriminate on the basis of race, sex, sexual orientation, religion, color, national or ethnic origin, age, disability, military service, covered veteran status, genetic information, or any other status protected by applicable law in the administration of its educational programs, activities, admissions, financial-aid programs, athletics, employment practices, or other College-administered programs, except as otherwise permitted by law.

Title IX prohibits discrimination on the basis of sex in federally funded education programs and activities. Questions concerning Title IX or this Policy may be directed to:

RPCC Title IX Coordinator

Title IX Coordinator
925 W. Edenborne Parkway
Gonzales, LA 70737
225-743-8500
[email protected]
www.rpcc.edu/about-us/title-ix

Inquiries may also be directed to the appropriate federal or state civil-rights agency.

IV. SCOPE AND RELATIONSHIP TO TITLE IX PROCEDURES

This Policy is RPCC’s overarching policy addressing power-based violence in all its forms and applies to students and employees. It applies to prohibited conduct occurring on RPCC property, in an RPCC program or activity, through RPCC technology, or in circumstances having a substantial connection to RPCC or a continuing adverse effect on the RPCC community.

Power-based violence is a broader term that covers sex-based misconduct beyond the Title IX Regulations’ “sexual harassment” definition. Power-based violence prohibited by this Policy includes conduct defined in R.S. 17: 3399.12. (See definition in Appendix B).

The accompanying Title IX Formal Grievance Procedure covers a narrower sub-set of conduct (i.e., Title IX Conduct) that must be addressed under a defined formal grievance process as required by the U. S. Department of Education under Title IX Regulations, effective August 14, 2020. When power-based violence meets the criteria specified in the Title IX Regulations, it must be addressed under the Title IX Formal Grievance Procedure, and not this overarching Power-Based Violence Policy, to the extent the processes differ between the two policies. (See 34. C. F. R. § 106.44-45).

“Sexual harassment” is defined in the Title IX Regulations (§ 106.30) as conduct on the basis of sex that meets one or more of the following:

1. The provision of an aid, benefit, or service conditioned by RPCC’s faculty, staff, or employee on an individual’s participation in unwelcome sexual conduct (Quid Pro Quo); or
2. Unwelcome conduct is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to education programs or activities; or
3. The conduct constitutes sexual assault, dating violence, domestic violence, or stalking as defined by applicable law.

Conduct that does not fall within Title IX jurisdiction may nevertheless constitute power-based violence or another violation of College policy and may be investigated and resolved under this Policy or another applicable College procedure.

V. SAFETY EDUCATION

Based on LCTC policy, RPCC, in consultation with campus or local law-enforcement agencies, RPCC shall distribute updated information to students concerning:

1. Power-based violence;
2. Campus safety;
3. Internet and cellular-phone safety; and
4. Online content that may constitute a threat to school safety.

The information shall be provided to students not fewer than four times during each academic year through in-person delivery, online delivery, or a combination of delivery methods. The information shall also be distributed as part of new-student orientation and posted on an easily accessible page of RPCC’s website. If a student receiving the information is a minor, RPCC shall also provide the information to the student’s parent or legal guardian.

The information shall include:

1. How to identify and prevent power-based violence;
2. The dangers and prohibition of power-based violence;
3. How to recognize potential threats to campus safety appearing online or on social-media platforms;
4. How to report power-based violence, crimes, student-code violations, and possible safety threats;
5. How to access RPCC’s online reporting platform; and
6. Where to locate campus-safety reports.

RPCC shall provide a standardized online form that students, employees, and members of the public may use to report potential threats. The form shall request, at minimum:

1. The name of the institution, person, or group being threatened;
2. The name of the person or group allegedly making the threat, if known;
3. The date and time the threat was made;
4. The method by which the threat was made; and
5. Available screenshots, recordings, printed evidence, links, or other documentation of the threat.

RPCC shall maintain a process that permits anonymous reporting and safeguards the identity of a person who reports an incident of power-based violence or a potential safety threat, consistent with applicable law and the College’s obligation to respond appropriately.

For every report of an incident of power-based violence or a potential safety threat received, RPCC shall document the actions taken by the College and, when applicable, campus security or the responding law-enforcement agency.

VI. GUIDELINES ON REFERRING THE REPORTS TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES

Refer promptly to the appropriate law-enforcement agency any report involving conduct that may constitute a criminal offense or an immediate threat to health or safety.

Reports involving an immediate threat to the health or safety of any person shall be referred immediately to campus security and local law enforcement, as appropriate. Emergency situations shall be reported by calling 911 and notifying campus security simultaneously when reasonably possible.

Reports alleging conduct that may constitute a criminal offense, including sexual assault, stalking, dating violence, domestic violence, kidnapping, or threats of violence, shall be referred or offered for referral to the appropriate law-enforcement agency. Except when another reporting obligation applies, the alleged victim retains the right to decide whether to participate in a criminal investigation.

A report involving the suspected abuse or neglect of a minor shall be referred immediately to the appropriate authorities in accordance with Louisiana’s mandatory child-abuse reporting laws, including Louisiana Children’s Code Article 609.

A report indicating a possible ongoing threat to the RPCC community shall be shared with the appropriate behavioral-intervention, threat-assessment, or similar College team and campus security or law enforcement for threat assessment, protective action, and Clery Act compliance, as applicable.

RPCC shall document, as applicable:

1. Whether law enforcement was notified;
2. The agency receiving the referral;
3. The date and time of the referral;
4. Whether the reporting person requested or declined law-enforcement involvement; and
5. Any known action taken by law enforcement or campus security.

An RPCC administrative investigation may proceed independently of a criminal investigation. The College may temporarily delay an administrative step when necessary to avoid interfering with legitimate law-enforcement activity, but shall resume its process promptly when the reason for the delay no longer exists.

A person reporting power-based violence shall be informed of the right to report the matter to law enforcement and may request RPCC’s assistance in doing so. Nothing in this Policy requires an alleged victim to participate in a criminal investigation as a condition of receiving supportive measures or pursuing an institutional complaint.

VII. RETALIATION PROHIBITION

Retaliation is prohibited. Retaliation includes intimidation, harassment, threats, coercion, discrimination, or another adverse action or speech directed against a person because that person:

1. Made a good-faith report of conduct believed to constitute power-based violence;
2. Filed or participated in a complaint;
3. Cooperated with an investigation or proceeding;
4. Served as a witness or advisor;
5. Requested supportive measures; or
6. Opposed conduct reasonably believed to violate this Policy.

A report of retaliation may be investigated separately and may result in disciplinary action, regardless of the outcome of the underlying report.

The exercise of rights protected by law does not constitute retaliation. A good-faith report is not considered false merely because the available evidence does not establish a policy violation.

VIII. REPORTING POWER-BASED VIOLENCE

A. Reporting Options

Any person may report an incident of power-based violence, sexual misconduct, Title IX conduct, or retaliation. A report can be made by any individual who has:

1. Experienced or been affected by power-based violence (i.e., First-Party Reporter); or
2. Knowledge of or witnessed power-based violence happening to or affecting someone else (i.e., Third-Party Reporter).

All individuals are encouraged to report incidents of power-based violence even if the individual does not intend to pursue a Formal Complaint. In addition, the institution should take prompt action to provide Supportive Measures for the safety and well-being of any affected person as well as the campus community.

To make a Report, a reporting individual should submit a report to:

1. The RPCC Title IX Coordinator;
2. A Deputy Title IX Coordinator;
3. A Responsible Employee;
4. Human Resources;
5. Campus security or local law enforcement; or
6. RPCC’s online reporting platform.

Responsible Employees must send all reports of alleged Power-Based Violence to the appropriate Title IX Coordinator for the institution. RPCC shall accept reports in person, by mail, by telephone, by email, and through its online reporting platform (i.e. Maxient Incident Reporting Forms). A report may be made at any time, including outside regular business hours.

An alleged victim has the right to obtain a copy of any report made concerning an incident of power-based violence that pertains to the alleged victim. RPCC shall provide the copy in accordance with applicable federal and state privacy laws.

After making a Report, an individual may choose to file or request a Formal Complaint and pursue resolution (under this policy or the Title IX Formal Grievance Procedure, as applicable) or, if applicable, an Informal Resolution involving the Respondent; may choose to be involved or not be involved in an institution’s investigation and any related proceedings; or may choose to end involvement in the process.   

B. Online and Anonymous Reporting

RPCC shall maintain an online reporting system (i.e. Maxient) to:

1. Receive identified or anonymous disclosures;
2. Receive reports from students, employees, and members of the public;
3. Collect information concerning incidents, crimes, and potential threats;
4. Track patterns of power-based violence and crime; and
5. Provide information about Responsible Employees, law-enforcement reporting, Confidential Advisors, and supportive resources.

An anonymous report may limit RPCC’s ability to investigate or take disciplinary action, but the College shall review the information and take appropriate steps based on the available facts.

C. Mandatory Reporting by Employees

An employee who witnesses an incident of power-based violence or receives a direct statement concerning power-based violence committed by or against a student is a Responsible Employee unless the employee is:

1. Formally designated specifically as a Confidential Advisor; or
2. Authorized by law to maintain privileged communications with the student.

A Responsible Employee shall promptly report all relevant information to the Title IX Coordinator, including, when known:

1. The identity of the alleged victim;
2. The identity of the alleged perpetrator;
3. The type of power-based violence or retaliation alleged to have been committed;
4. The identities of possible witnesses;
5. The location, date, and time of the incident; and
6. Other relevant information.

However, according to state law, a Responsible Employee is not required to make a report if information involving power-based violence was received in the following circumstances:

1. During a public forum or awareness event in which an individual discloses an incident of power-based violence as part of educating others;   
2. Disclosure made in the course of academic work consistent with the assignment; or   
3. Disclosure made indirectly, such as in the course of overhearing a conversation.

If an individual chooses to make an initial report to an employee other than the Title IX Coordinator, that employee must refer the information to the Title IX Coordinator because the Title IX Office bears responsibility for responding to reports of power-based violence.  Once the information is received by the Title IX Coordinator, it should constitute a Report.   

LCTC recommends as a best practice that, if an employee believes an individual may intend to share any information regarding an instance of power-based violence, the employee should seek to confirm that the reporting party understands the employee’s obligations as a mandatory reporter.  If the reporting party would prefer to speak with a confidential resource, the employee should direct the reporting party to a confidential resource. Institutions must provide a list of confidential resources in their policies. .

D. Confidentiality and Anonymous Reporting

Unless waived in writing by the alleged victim, the identity of an alleged victim of an incident reported under R.S. 17:3399.13 shall be treated as confidential and shall not be disclosed except to:

1. A person employed by or under contract with RPCC to which the report is made, when disclosure is necessary to conduct an investigation or related hearing;
2. A law-enforcement officer when necessary to conduct a criminal investigation;
3. The person alleged to have committed the perpetrated conduct, to the extent required by law; or
4. A potential witness when necessary to conduct an investigation of the report.

Note: Consistent with FERPA’s prohibition on re-disclosure of confidential information, any person who receives another person’s confidential information solely as a result of participation in any investigation or proceeding under this Policy is prohibited from using or disclosing such confidential information outside of such forums without express consent or for any improper purpose. This provision only applies to other people’s confidential information, as a party is never restricted from discussing their own experience. This provision does not apply to any information learned outside of an investigation or proceeding under this Policy.   

An alleged victim shall be advised of the right to seek a Confidential Advisor.  See additional information pertaining to Confidential Advisors. 

E. Administrative Reporting

The Title IX Coordinator shall:

1. Submit a written report to the Chancellor no later than October Tenth (10) and April Tenth (10) of each year using the information and reporting format required by LCTC and the Louisiana Board of Regents;
2. Immediately notify the Chancellor when the Title IX Coordinator has cause to believe a reported incident presents an imminent danger to any person.

The Chancellor shall:

1. Submit the required report to the LCTC System President within fourteen (14) days after receiving the Title IX Coordinator’s report; and
2. Ensure that the required report is posted on RPCC’s website.

The System President shall:

1. Submit a system-wide summary report within fourteen (14) days of receiving the reports from the Chancellors to the LCTC Board of Supervisors in accordance with the information required in Appendix D; and
2. Publish the report on the website of the system.    

The System Management Board shall:

1. Send an annual system-wide summary report to BOR by December Thirty-First (31) in accordance with the information required in Appendix D; and
2. BOR shall post the report on its website.

The Board of Regents shall:

1. Annually, in consultation with the Louisiana Power-based Violence Review Panel, submit a report to the Governor, the president of the Senate, the speaker of the House of Representatives, the Senate and House Education Committees, and select committees on women and children by February Twenty-Eighth (28) which shall include the statewide information; and
2. Also include any recommendations for legislation; and
3. Publish the report on BOR’s website.

RPCC shall maintain the information necessary to satisfy all LCTC and Board of Regents reporting requirements, including information concerning reports, formal complaints, outcomes, training, retaliation, Responsible Employees, Confidential Advisors, and employee failures to report.

F. Employee’s Failure to Report or Knowingly False Reporting

A Responsible Employee who, following applicable disciplinary procedures and exhaustion of available appeals, is determined to have:

1. Knowingly failed to make a required report; or
2. Made a report known to be false with the intent to harm or deceive, shall be terminated as required by Louisiana law.

This provision does not apply to a report made in good faith, even if the allegation is not substantiated.

G. Student’s False Reporting

Any student who knowingly and in bad faith makes a false accusation of power-based violence or retaliation of any form will be subject to an investigation for a potential violation of this Policy and may be subject to disciplinary action, up to and including dismissal.  

H. Immunity and Amnesty

A person acting in good faith who reports an incident, assists with an investigation, or participates in a disciplinary process or judicial proceeding arising from a report shall not be disciplined for a related violation of the College’s conduct rules when suspension or expulsion is not a possible punishment for that related violation.

Immunity does not apply to a person who perpetrated or assisted in perpetrating power-based violence.

A student who reports power-based violence in good faith shall not be sanctioned for a nonviolent student-conduct violation, such as underage possession or consumption of alcohol, that is revealed through the report.

IX. TRANSCRIPT WITHHOLDING, NOTATION, AND COMMUNICATION

When a student who is the subject of a formal power-based-violence complaint seeks to transfer, RPCC shall, as permitted or required by law, at minimum to:

1. Withhold the student’s transcript; or
2. Place an appropriate notation on the transcript.

If RPCC (“sending institution”) does not know whether the student is seeking to transfer to another institution (“receiving institution”), the College shall withhold or notate the transcript, at minimum, as required by applicable law and LCTC policy.

The sending institution shall notify the student that their transcript has been withheld or notated, and of the appeals process to have the hold or notation removed. Either the transcript is withheld or the notation remains on the transferring student's transcript until the institution makes a determination that the transferring student is not responsible for power-based violence or the transferring student prevails in a request to appeal the withholding of a transcript or notation pursuant to Part C. of this Section, whichever occurs first.

A. Withholding Student Transcripts

If the sending institution chooses to withhold upon the filing of a Formal Complaint, RPCC shall place an administrative hold on the transcript of a student who is the subject of the Formal Complaint. For any student who is the subject of a power-based violence Formal Complaint that also constitutes sexual harassment under Title IX, the RPCC should commence an investigation and place a notation on the student’s transcript, rather than withholding the transcript.

When a student transcript is withheld, the institution to which the student seeks to transfer (“receiving institution”) must make a timely inquiry directed to the sending institution regarding the purpose of the transcript hold.  Upon such an inquiry, the sending institution must timely disclose appropriate and factual information, consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.       

B. Notation

If the sending institution chooses to notate upon the filing of a Formal Complaint, the institution may place a notation on the transcript of a student attempting to transfer to another institution. For any student who is the subject of a power-based violence Formal Complaint that also constitutes sexual harassment under Title IX, the sending institution should commence an investigation and place a notation on the student’s transcript, rather than withholding the transcript.

For a transferring student subject to a pending investigation, the notation shall state:

“ADMINISTRATIVE MATTER PENDING” or use substantially equivalent language sufficient to place a receiving institution on notice and trigger an inquiry regarding the notation directed to the sending institution.

For a transferring student found responsible for power-based violence following a final decision, the notation shall state:

“STUDENT FOUND RESPONSIBLE IN VIOLATION OF CODE OF CONDUCT” or use substantially equivalent language sufficient to place a receiving institution on notice and trigger an inquiry regarding the notation directed to the sending institution.

When a student transcript is notated as described above, the receiving institution must make a timely inquiry directed to the sending institution regarding the purpose of the transcript notation.  Upon such an inquiry, the sending institution must timely disclose appropriate and factual information, consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.   

For a transferring student found to be responsible for power-based violence, the sending    institution will determine how long the notation will remain on the student’s transcript.   

If a student is not found responsible, the sending institution must remove the notation and must send an updated version of the student’s transcript to the receiving institution (if known).

C. Transcript Withholding and Notation Appeals

A student whose transcript has been withheld or notated as described above may request a release of the hold or an expungement of the notation for good cause shown.  Cause may include, but is not limited to, when:

1. A student who transferred while under investigation was found not responsible or
2. A student was initially found responsible and later evidence showed that the student was in fact not responsible. In the second instance, an institution must send an updated version of the student’s transcript. 

Such requests shall be submitted in writing to the appropriate decision makers, to be designated by the institution. The institution shall notify the requesting student of its decision no later than seven (7) business days from the date that the appeal request is made.   

D. Applicability

State law requires that all Louisiana public postsecondary institutions implement this Transcript, Withholding, Notation, and Communication policy. Nothing in this Policy shall prohibit or prevent a sending institution from withholding or notating the transcript of a student who is the subject of a power-based violence Formal Complaint, or who has been found responsible for power-based violence, when such student seeks to transfer to a non-public postsecondary or out-of-state institution. LCTC recognizes an obligation to ensure investigation and adjudication of all complaints of power-based violence, regardless of the type or location of the postsecondary institution where they occur.

RPCC shall comply with applicable procedures governing notice, removal of notations, transcript release, and communication with receiving institutions.

X. VICTIMS’ RIGHTS

An alleged victim may petition RPCC to have a person alleged or found to have committed power-based violence barred from attending a class in which the alleged victim is enrolled.

RPCC shall evaluate and grant such requests when required by law and shall consider appropriate alternatives when necessary to preserve access to educational programs. RPCC shall avoid placing an unnecessary burden on the alleged victim when implementing academic or safety measures.

The parties shall receive the applicable rights identified in Appendix C and any additional rights provided by federal or state law.

XI. INSTITUTIONAL RESPONSE AND RESOLUTION

In addition to compliance with federal and state laws and regulations and LCTC requirements, RPCC has identified a set of best practices, consistent with Act 472, that institutions should implement when resolving matters involving power-based violence.   

Once the Title IX Coordinator learns of any Report of alleged power-based violence or sex discrimination, they should implement Supportive Measures as needed and initiate an investigation into the alleged incident.    

The form of the investigation may vary depending on whether the alleged conduct falls within the scope of power-based violence/sexual misconduct or Title IX Conduct.  If the alleged power-based violence satisfies the USDOE’s definition of Title IX sexual harassment (i.e., Title IX Conduct), the Title IX Coordinator should ensure investigation and adjudication of the allegation pursuant to the Title IX Formal Grievance Procedure.  However, if the alleged conduct does not satisfy the USDOE’s definition of Title IX Sexual Harassment, the Title IX Coordinator will refer to the part of this Policy that addresses LCTC’s best practices, outlined in the Sections below.    

Following an investigation, the Title IX Coordinator has authority to resolve a Report, including the implementation of any Supportive Measures, and should close the case if the Report does not constitute or become a Formal Complaint.   

A. Initial Steps & Determination of Appropriate Procedures

After an institution’s Title IX Office has received a Report of alleged power-based violence, the Title IX Office should perform an initial assessment consistent with the information below prior to moving forward with an investigation (if one is required/requested) to determine whether the reported conduct meets the USDOE’s jurisdictional and definitional requirements to be categorized as Title IX conduct. If that initial assessment reveals that the alleged conduct meets the definition of sexual harassment under the USDOE’s Title IX Regulations, the investigation should proceed under the Title IX Formal Grievance Procedure. If the alleged conduct does not meet the USDOE’s definition of sexual harassment, the investigation should proceed pursuant to this Policy, and the Title IX Coordinator will report all employee cases to the appropriate Human Resources Office.  

Upon receiving a report, the Title IX Coordinator or designee shall conduct an initial assessment to:

1. Determine whether an immediate health or safety threat exists;
2. Offer supportive measures;
3. Identify the wishes of the person affected;
4. Determine whether the alleged conduct may fall under Title IX;
5. Determine whether the conduct may violate this Policy or another College policy;
6. Consider the need for a law-enforcement referral;
7. Evaluate requests for confidentiality; and
8. Identify the appropriate resolution procedure.

B. Initial Contact with Potential Complainant

After receiving a Report of power-based violence, an institution’s Title IX Office should notify the individual who is the alleged victim in the Report of the option to have an Advisor accompany them to any meeting or interview related to the power-based violence process.   

In initial contact with a potential Complainant, the Title IX Office should also:   

1. Give the potential Complainant a copy of the relevant policies;   
2. Explain the process for filing a Formal Complaint with the Title IX Office;   
3. Provide the potential Complainant with information regarding the rights/responsibilities as a party in this matter;  
4. Explain the process for investigating and resolving a power-based violence Formal    Complaint (including the available appeal procedures);   
5. Explain the procedural differences based on Title IX vs power-based violence conduct;                        
6. Instruct the potential Complainant not to destroy any potentially relevant documentation in any format;   
7. Inform the individual of the availability of Supportive Measures with or without the filing of a Formal Complaint;  
8. Discuss the potential Complainant’s expressed preference for manner of resolution and any barriers to proceeding (e.g., confidentiality concerns);   
9. Explain the prohibition against retaliation; and   
10. Communicate necessary details of the report to the campus police department for entry into the institution’s daily crime log.   

C. Supportive Measures

If the Title IX Coordinator receives notice of alleged power-based violence, whether through online reporting or other reporting methods, the Title IX Coordinator or designee should contact the Complainant to discuss the availability of Supportive Measures with or without the filing of a Complaint (or Formal Complaint under the Title IX Grievance Procedure) and consider the Complainant’s wishes with respect to Supportive Measures. Supportive Measures should also be made available to the Respondent.   

Supportive measures are individualized, non-disciplinary, and nonpunitive services offered as appropriate, reasonably available, and without fee or charge.

Supportive measures may be provided before or after a formal complaint is filed and may include:

1. Counseling and advocacy services;
2. Extensions of deadlines or other academic adjustments;
3. Changes to class or work schedules;
4. Campus escort services;
5. Mutual restrictions on contact;
6. Changes in work, classroom, or housing locations;
7. Leaves of absence;
8. Increased security or monitoring;
9. Transportation accommodations;
10. Accessibility services;
11. Visa, immigration, or financial-aid assistance;
12. Alternative course-completion arrangements; and
13. Other appropriate measures.

Supportive measures shall be designed, to the extent reasonably possible, to restore or preserve equal access without unreasonably burdening another party.

D. Formal Complaints

If a potential Complainant wishes to pursue an incident of power-based violence beyond simply reporting it, they may file a Formal Complaint.

A report becomes a formal complaint when:

1. A complainant submits a signed document describing the alleged conduct and requesting that RPCC investigate; or
2. The Title IX Coordinator signs a formal complaint after determining that an investigation is necessary to meet RPCC’s legal obligations or protect the College community.

In such cases, the Complainant must be allowed to submit on paper (hard copy), in electronic form, or in person, whereby the individual can file a Formal Complaint by meeting with the Title IX Coordinator (or Deputy Coordinator) to provide a verbal description of the sexual misconduct which the Title IX Office will use to draft a written document that the individual will review, verify, and sign to constitute a Formal Complaint.  Any Complainant (i.e., an alleged victim or survivor or someone who has otherwise been directly affected by power-based violence) may file a Formal Complaint, and the institution will treat it as such.   

An institution may also convert a Report to a Formal Complaint if the institution determines that further steps are necessary to address and resolve the matter. The fact that the Title IX Coordinator converts a Report to a Formal Complaint does not make the Title IX Coordinator a Complainant.  However, the Title IX Coordinator reserves the right to initiate a Formal Complaint in order to meet an institution’s Title IX obligations to provide a safe and nondiscriminatory environment and if the institution determines that it must take additional steps to protect the campus community. 

Depending on the conduct alleged and the location of the incident, a Formal Complaint and subsequent investigation will be governed by either this Policy or the Title IX Formal Grievance Procedure.     

1. How to File a Formal Complaint   

Individuals seeking to file a Formal Complaint may do so with the Title IX Coordinator.  Formal Complaints should be in writing, signed and include all information the individual believes to be relevant (e.g., time, location, and nature of incident, names of individuals involved, witnesses to the incident, names of other persons affected by the incident, etc.).     

Individuals seeking to file a Report should be allowed to submit on paper (hard copy), in electronic form (i.e. Maxient Incident Reporting Form), or in person, whereby the individual can file a Formal Complaint by meeting with the Title IX Coordinator (or Deputy Coordinator) to provide a verbal description of the power-based violence which the Title IX Office will use to draft a written document that the individual will review, verify, and sign to constitute a Formal Complaint.    

Note: If the Complaint filed satisfies the requirements of a Title IX Formal Complaint as defined by 34 CFR §106.30, the Title IX Office should proceed under the Title IX Formal Grievance Procedure.

2. Withdrawal of Formal Complaint    

Institutions should allow for a Complainant to withdraw their Formal Complaint.  If a Formal Complaint is withdrawn, the Title IX Office should assess the information provided and proceed accordingly. Withdrawal of the Formal Complaint should ordinarily end the Formal Complaint and resolution process. However, the Title IX Office should reserve the right to proceed with the Formal Complaint, even after the Complainant withdraws it, in order to protect the interests and safety of the institution’s community. In such cases, the Complainant shall be notified immediately of the institution’s decision to proceed.  

E. Power-Based Violence Grievance Procedure

This Section describes the investigation and resolution process for cases in which the conduct alleged does not fall within the scope of the Title IX Conduct. Institutions should investigate all Reports of power-based violence reported to the Title IX Coordinator regardless of whether the Report becomes a Formal Complaint. The investigation and adjudication procedures (if needed) will be prompt, fair, and impartial.

1. Notice to Respondent   

The person alleged to have committed power-based violence is called the Respondent. The Respondent should be notified in writing that a Formal Complaint alleging power-based violence has been filed against them. The Respondent should be advised that they may have an Advisor accompany them to any meeting or interview related to the investigation and resolution process.   

2. Meeting   

Within seven (7) business days of receiving notice of the Formal Complaint, the Respondent should arrange to meet with the Title IX Office.  Title IX Office is required to provide the same information that was presented to the Complainant during their initial contact (See Initial Contact Section).   

3. Process Analysis   

After reviewing the Formal Complaint and meeting with the Title IX Office and appropriate decision makers, the Respondent may choose to end the resolution process by accepting responsibility for the conduct alleged in the Formal Complaint.  If the Respondent accepts responsibility for the conduct alleged in the Formal Complaint, the appropriate decision makers should determine the appropriate sanction for the Respondent.  If the Respondent disputes the allegations in the Formal Complaint, the matter will proceed to an investigation. 

F. Investigations

Investigations shall be prompt, thorough, impartial, and equitable.

RPCC shall assign appropriately trained investigators. The Title IX Coordinator or the decision-maker shall not serve as the assigned investigators.

The process should begin with intake meetings conducted by the Title IX Coordinator. An investigation may include:

1. Interviews of the complainant, respondent, and witnesses;
2. Review of law-enforcement records when available;
3. Review of relevant student or employment records;
4. Collection of electronic communications, photographs, recordings, documents, and other evidence;
5. An opportunity for each party to identify witnesses and submit evidence; and
6. Preparation of an investigation report.

Both Complainants and Respondents should be advised of the utilization of Advisors throughout the investigation process. Parties should be advised that Advisors are not permitted to participate directly in Resolution Hearings or Informal Resolution Conferences, except to the extent an Advisor’s participation is required during Title IX grievance hearings; they may be present solely to advise or support the party and are prohibited from speaking directly to the Investigator, the power-based violence Adjudicator, other parties, or witnesses. 

RPCC shall avoid a single-investigator model in which the same person investigates the allegations and renders the final responsibility determination.

G. Findings & Investigative Report

At the conclusion of the investigation, the Investigators should prepare a report (the “Investigative Report”) that summarizes and analyzes the relevant facts established during the investigation and references any supporting documentation or statements.

The Investigative Report should be submitted to the Title IX Coordinator for review. The Title IX Coordinator should ensure that the investigation was prompt, impartial, thorough, and consistent with LCTC Policy #9.001.

Before the Investigative Report is finalized:

• The Complainant and Respondent should be given an opportunity to review each other’s statements.
• Upon request, the Complainant and Respondent may also receive a written summary of other information collected during the investigation if the Title IX Office determines that disclosure is appropriate.
• Each party should submit any comments regarding their own statement or any investigation summary provided to them within five (5) calendar days of receiving the statement or summary.
• After receiving the comments, or after the five-day comment period expires without comment, the Investigators should address any identified factual inaccuracies or misunderstandings, as appropriate.

The final Investigative Report should summarize the Investigators’ impressions and provide context for the evidence collected. However, it should not determine whether a violation of the Power-Based Violence Policy occurred. That determination, including the imposition of any sanctions, should be reserved for the appropriate decision maker(s). The Complainant and Respondent should be provided with copies of the final Investigative Report simultaneously.

H. Resolution

1. Informal Resolution

For Formal Complaints with a student Respondent, at the discretion of the Title IX Coordinator, the parties should be advised of their option to pursue an Informal Resolution as an alternative to a Formal Resolution. An Informal Resolution should involve a remedies-based, non-judicial process designed to eliminate or address potential power-based violence. This process should aim to ensure fairness, facilitate communication, and maintain an equitable balance of power between the parties. Institutions should not compel face-to-face confrontation between the parties or participation in any particular form of Informal Resolution.   

The Title IX Coordinator should make an initial decision about whether a case qualifies for an Informal Resolution. If both parties then agree to pursue that path, the institution will halt any investigation or scheduled Resolution Hearing so that the parties can explore the possibility of Informal Resolution. Participation in an Informal Resolution is voluntary, and either party can request to end the Informal Resolution process at any time and commence or resume the investigation process. If the parties agree to a resolution during an Informal Resolution process, the Title IX Coordinator should oversee its implementation, deem the Formal Complaint withdrawn, and terminate the matter. An appeal of the process and its result should not be permitted. The resolution should be considered binding, and its breach would give rise to a new Formal Complaint.

2. Formal Resolution   

Institutions must provide for a process to resolve Formal Complaints. That process should be delineated in their policy.  Institutions should avoid the “single investigator” or “sole investigator” model and ensure that the Title IX Coordinator and investigator(s) do not serve as the decision-maker(s) for a Formal Complaint.   

I. Sanctions

1. Factors

Factors considered when determining a sanction/responsive action may include, but are not limited to: 

• The nature, severity of, and circumstances surrounding the violation(s)    

• The Respondent’s disciplinary history    

• Previous allegations or allegations involving similar conduct    

• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation   

• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation   

• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community   

• The impact on the parties   

• Any other information deemed relevant by the Decision-maker(s)   

The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.    

The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities.

2. Student sanctions may include:

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any LCTC or its colleges’ policies, procedures, or directives will result in more severe sanctions/responsive actions.    

• Required Counseling: A mandate to meet with and engage in either LCTC or its colleges’ college-sponsored or external counseling to better comprehend the misconduct and its effects.     

• Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no contact orders, and/or other measures deemed appropriate.    

• Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at LCTC or its colleges.   

• Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend LCTC or its colleges’ college sponsored events. This sanction will be noted permanently as a Conduct Expulsion on the student’s official transcript, subject to any applicable expungement policies.    

• Withholding Diploma: LCTC or its colleges may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for an alleged violation. 

• Revocation of Degree: LCTC or its colleges reserve the right to revoke a degree previously awarded from LCTC or its colleges for fraud, misrepresentation, and/or other violation of LCTC or its colleges’ policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.

• Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including LCTC or its colleges’ registrations) for a specified period of time.

• Other Actions: In addition to or in place of the above sanctions, LCTC or its colleges may assign any other sanctions as deemed appropriate.       

Employee corrective or disciplinary actions may include:

1. Verbal or written warning;
2. Performance-improvement or management processes;
3. Required counseling, education, or training;
4. Probation;
5. Loss of an annual pay increase when permitted;
6. Loss of supervisory responsibility;
7. Demotion;
8. Suspension with or without pay;
9. Termination; or
10. Other appropriate action.
11. Employee sanctions shall be administered consistently with LCTC Policy 6.014, applicable employment procedures, and law.

J. Grievance Procedure Appeals

RPCC shall appeal a process that is equally available to the parties and includes the procedures and permissible basis for the Complainant and Respondent to appeal.   

An appeal may be based only on one or more of the following:

1. A procedural irregularity that affected the outcome;
2. New evidence that was not reasonably available before or during the resolution process and could affect the outcome;
3. A conflict of interest or bias by the Title IX Coordinator, investigator, or decision-maker that affected the outcome;
4. A decision not supported by a preponderance of the evidence; or
5. A sanction that is disproportionate to the findings.

At a minimum, RPCC shall:

1. Notify the other party when an appeal is filed and implement appeal procedures equally for both parties;
2. Provide the parties an equal opportunity to submit written statements;
3. Appoint an appeal decision-maker who did not serve as the investigator, Title IX Coordinator, or original decision-maker; and
4. Issue a written appeal decision and rationale simultaneously to the parties.

XII. TRAINING

A. Responsible Employees and Institutional Officials

RPCC shall require annual training for:

1. Responsible Employees;
2. Individuals involved in implementing student grievance procedures;
3. Individuals responsible for resolving formal complaints;
4. Title IX Coordinators and Deputy Coordinators; and
5. Employees responsible for interviewing alleged victims.

Training shall address applicable law, College policy, reporting obligations, trauma-informed practices, impartiality, conflicts of interest, supportive measures, and available resources. The BOR, in coordination with the attorney general and in consultation with state or local victim services organizations, shall develop the annual training program required in this Section.

B. Confidential Advisors

RPCC shall designate individuals who shall serve as Confidential Advisors, such as health care staff, clergy, staff of a women's center, or other such categories.  Such designation should not preclude the institution from partnering with national, state, or local victim services organizations to serve as Confidential Advisors or in other confidential roles.  

Before designation and annually thereafter, each Confidential Advisor shall complete required training concerning:

1. Power-based violence;
2. Title IX sexual harassment;
3. Trauma-informed interactions;
4. Federal and state requirements;
5. Institutional and criminal processes; and
6. Resources available to alleged victims.

The Attorney General shall develop the initial and annual training in collaboration with BOR and provide it through online materials.   

A Confidential Advisor shall inform an alleged victim of:

1. Rights under federal and state law and College policy;
2. Institutional and law-enforcement reporting options;
3. Reasonably known consequences of those options;
4. RPCC’s investigation and disciplinary procedures;
5. Criminal investigation and adjudication processes;
6. The jurisdiction and available sanctions of institutional proceedings;
7. Potential supportive measures and accommodations;
8. The nearest medical facility where a sexual-assault forensic examination may be performed; and
9. Available transportation and reimbursement information.

When authorized in writing, a Confidential Advisor may serve as a liaison with RPCC or law enforcement and may accompany an alleged victim to interviews or proceedings.

A Confidential Advisor may request accommodations without automatically triggering an investigation and shall not be required to identify an alleged victim or accused person except as required by law.

RPCC’s website shall contain current instructions for contacting a Confidential Advisor.

The Confidential Advisor shall:   

1. Be authorized by the institution to liaise with appropriate staff at the institution to arrange reasonable accommodations through the institution to allow the alleged victim to change living arrangements or class schedules, obtain accessibility services, or arrange other accommodations;   
2. Be authorized to accompany the alleged victim, when requested to do so by the alleged victim, to interviews and other proceedings of a campus investigation and institutional disciplinary proceedings;   
3. Advise the alleged victim of, and provide written information regarding, both the alleged victim's rights and the institution's responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by a court of competent jurisdiction or by the institution;    
4. Not be obligated to report crimes to the institution or law enforcement in a way that identifies an alleged victim or an accused individual, unless otherwise required to do so by law; and   
5. To the extent authorized under law, provide confidential services to students. Any requests for accommodations made by a Confidential Advisor, as provided in this Section, shall not trigger an investigation by the institution.   

The institution shall appoint an adequate number of Confidential Advisors.  The BOR shall determine the adequate number of Confidential Advisors for an institution based upon its size, annually by January 1.   

Each institution that enrolls fewer than five thousand students may partner with another institution in their system or region to provide the services described in this Section.  However, this provision shall not absolve the institution of its obligations under this Section.

XIII. DATA PUBLICATION(S)

A. Power-Based Violence Climate Survey

RPCC shall administer an anonymous power-based-violence climate survey to students every third academic year, beginning with the 2022–2023 cycle and continuing according to the schedule established by the Louisiana Board of Regents and LCTC.

Participation shall be voluntary. No student shall be required, coerced, penalized, or subjected to retaliation for declining to participate.

RPCC shall:

1. Make reasonable efforts to maximize voluntary student participation;
2. Report survey results to LCTC and the Board of Regents; and
3. Publish the results prominently on the College’s website.

B. Campus Security Report

RPCC shall publish a semiannual campus-security report containing updated campus-safety policies and crime statistics.

The report shall be updated and posted by:

1. April 10; and
2. October 10

of each academic year.

The report shall include, at minimum, information required by the Jeanne Clery Campus Security Act, 20 U.S.C. §1092 (Clery Act) and should include available statistics concerning incidents of power-based violence.

The report shall be posted in a prominent location readily accessible from RPCC’s main landing webpage.

C. Sex-Crime Data Report

By February 15 of each year, the responsible RPCC campus-security or law-enforcement office shall submit the required sex-crime data report to:

1. The LCTC System President;
2. The RPCC Chancellor; and
3. The RPCC Title IX Coordinator.

The Chancellor shall ensure that the report is posted on RPCC’s website.

XIV. MEMORANDA OF UNDERSTANDING

RPCC shall enter into and maintain written memoranda of understanding with law-enforcement and criminal-justice agencies having jurisdiction over its campuses, including applicable local law-enforcement agencies and district attorneys’ offices.

Each memorandum shall address:

1. Investigative responsibilities and information-sharing protocols;
2. Standards for notification and communication;
3. Measures promoting evidence preservation;
4. Coordinated training concerning power-based violence;
5. Methods for sharing general information and trends to improve campus safety; and
6. Inclusion of an alleged victim’s status as a student in an applicable police report.

Each memorandum shall be signed by the participating parties.

The Chancellor, Title IX Coordinator, and executive officer of each participating criminal-justice agency shall review the memorandum annually and revise it when necessary.

Nothing in a memorandum may prohibit a person from reporting the same conduct to both RPCC and law enforcement.

XV. CAMPUS POWER-BASED VIOLENCE POLICIES

RPCC shall maintain policies, procedures, and services addressing:

1. Confidential Advisors;
2. Website compliance;
3. Online and anonymous reporting;
4. Student amnesty;
5. Required annual training;
6. Inter-institutional transfer and transcript notation;
7. Victims’ rights.

XVI. WEBSITE COMPLIANCE

In addition to the reports required by this Policy, RPCC shall publish the following in a prominent and readily accessible location on its website:

1. Contact information for obtaining a Confidential Advisor;
2. Options for reporting power-based violence;
3. The College’s investigation and disciplinary procedures;
4. Information concerning criminal investigation and adjudication processes;
5. Potential supportive measures and reasonable accommodations;
6. The telephone number and website address of a local, state, or national power-based-violence hotline, reviewed and updated at least annually;
7. The name and location of the nearest medical facility where a sexual-assault forensic examination may be administered;
8. Transportation options and available reimbursement information for accessing that facility;
9. Current memoranda of understanding with applicable law-enforcement and criminal-justice agencies;
10. Climate-survey results;
11. Semiannual campus-security reports;
12. Required administrative reports;
13. Sex-crime data reports; and
14. Other information required by federal or state law or LCTC policy.

XVII. APPENDICES

A. Compliance with Nondiscrimination

As part of its commitment to maintaining an environment free from unlawful discrimination, the Institution shall comply with all applicable federal laws, regulations, executive orders, and agency guidance relating to equal opportunity, nondiscrimination, and accessibility. The Institution does not discriminate on the basis of race, sex, sexual orientation, religion, color, national or ethnic origin, age, disability, military service, covered veteran status, or genetic information in the administration of its educational programs, activities, admissions policies, scholarship and loan programs, athletics, employment practices, or other institution-administered programs, except as otherwise permitted by law. 

Applicable federal authorities include, but are not limited to, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Vietnam Era Veterans' Readjustment Assistance Act, the Uniformed Services Employment and Reemployment Rights Act, the Genetic Information Nondiscrimination Act, the Violence Against Women Act of 1994, and their implementing regulations and guidance.

B. Definitions

For purposes of this Policy, the following terms will have corresponding definitions.    

Advisor: A person chosen by a complainant or respondent to provide support and assistance during meetings, interviews, hearings, or other proceedings, as permitted by the applicable procedure.

Chancellor: Chief Executive Officer of a public postsecondary education institution.

Coercion: Express or implied threats, intimidation, or physical force that place a person in fear of immediate harm or physical injury or cause a person to engage in unwelcome sexual activity. Coercion includes administering a drug, intoxicant, or similar substance with the intent to impair a person’s ability to consent.

Complainant: A person alleged to have experienced conduct that may constitute power-based violence, sexual misconduct, retaliation, or another violation covered by this Policy.

Confidential Advisor: A person designated or contracted by RPCC to provide confidential information, support, assistance, and services to an alleged victim in accordance with Louisiana law.

Consent: Consent is a knowing, voluntary, and mutually understandable agreement to engage in a specific sexual activity.

Consent:

1. Must exist from the beginning to the end of each instance of sexual activity;
2. Must be demonstrated through words or actions clearly indicating willingness;
3. Cannot be inferred from silence alone;
4. Cannot be obtained through coercion;
5. Cannot be given by a person who is incapacitated or below the legal age of consent;
6. May be withdrawn at any time;
7. Is automatically withdrawn when a person is no longer capable of giving consent; and
8. Is not implied by a current or previous dating or sexual relationship.

The person initiating sexual activity is responsible for obtaining consent. Alcohol or drug use does not diminish that responsibility. Consent to engage in sexual activity may be withdrawn by any person at any time.  Once withdrawal of Consent has been expressed, sexual activity must cease.  Consent is automatically withdrawn by a person who is no longer capable of giving Consent.  A current or previous consensual dating or sexual relationship between the parties does not itself imply Consent or preclude a finding of responsibility.

Decision Maker: An individual selected by the institution and charged with determining responsibility for an allegation of power-based violence.         

Deputy Title IX Coordinator: An employee expressly designated by the Title IX Coordinator to act on their behalf, often to avoid biases and conflicts of interest. As used throughout this Policy, references to the Title IX Coordinator shall include any Deputy Title IX Coordinator.

Employee: An employee is defined as:   

a. An administrative officer, official, or employee of a public post-secondary education board or institution.   

b. Anyone appointed to a public post-secondary education board or institution. 

c. Anyone employed by or through a public postsecondary education board or institution.   

d. Anyone employed by a foundation or association related to a System Management Board or institution.    

An employee does not include a student enrolled at a public postsecondary institution whose employment is contingent upon enrollment as a student, unless the student works for the institution in a position such as a teaching assistant or a residential advisor. Therefore, employees who enroll as students remain obligated as Responsible Employees/mandated reporters unless they are designated as a Confidential Advisor.   

Formal Complaint: A signed document filed by a complainant or signed by the Title IX Coordinator alleging power-based violence or retaliation and requesting an investigation and possible adjudication. A third party who knows of or witnessed an incident of power-based violence but who did not suffer such conduct themselves may request that the institution treat their third-party Report as a Formal Complaint. The institution can convert a Report to a Formal Complaint if it determines that, in order to meet its state and/or federal obligations to provide a safe and nondiscriminatory environment for the broader institutional community, it must take further steps to address and resolve the matter.    

For purposes of alleged misconduct that satisfies the jurisdictional requirements of Title IX, see Formal Complaint in the Title IX Grievance Policy. 

Institution/Member College: A public postsecondary education institution.   

Informal Resolution: A voluntary process that is separate and distinct from an institution’s investigation and adjudication processes that allows the parties (i.e., Complainant and Respondent) to reach a mutually agreeable resolution.   

Incapacitation: A mental or physical condition that makes a person manifestly unable to make a knowing and deliberate choice to engage in sexual activity.

Indicators may include unconsciousness, sleep, unresponsiveness, incoherent communication, inability to walk or dress without assistance, slurred speech, loss of coordination, vomiting, or inability to perform physical or cognitive tasks without assistance.

Investigators: Individuals designated by the Title IX Coordinator to investigate alleged power-based violence. The Investigators will be trained individuals who objectively collect and examine the facts and circumstances of potential violations of this Policy and document them for review. The Investigators will be neutral and will not have a conflict of interest or bias against the Complainant or Respondent, or Complainants and Respondents generally.     

Mandatory Reporter: An individual who is obligated by law to report any knowledge they may have of power-based violence. For purposes of this Policy, mandatory reporters include Responsible Employees.  (See definition of Responsible Employee.) 

Power-Based Violence: Interpersonal conduct intended to control, coerce, harm, exploit, or intimidate another person on the basis of sex through the assertion of power or authority. It includes, but is not limited to:

a. Dating violence under applicable Louisiana law (R.S. 46:2151);

b. Conduct prohibited by R.S. 14:73.13 or 14:73.14, or successor statutes, involving artificial-intelligence-generated media or deepfake media depicting sexual imagery;

c. Domestic abuse and family violence, including conduct intended to prevent a victim from contacting law enforcement, obtaining medical assistance, seeking emergency services, resisting abuse, or leaving a relationship;

d. Voyeurism, video voyeurism, nonconsensual disclosure of private images, peeping-tom activity, and other nonconsensual observation;

e. Sexual assault and sexual battery offenses;

i. Sexual Battery (14:43.1) 

ii. Misdemeanor sexual battery (14:43.1.1) 

iii. Second degree sexual battery (14:43.2) 

iv. Oral sexual battery (14:43.3) 

v. Female genital mutilation (14:43.4) 

vi. Intentional exposure to HIV (14:43.5) 

vii. Crime against nature (14:89) 

viii. Aggravated Crime against nature (14:89.1)

ix. Obscenity (14:106) 

f. Sexual exploitation means an act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse of another person's sexuality including prostituting another person (R.S. 14:46.2 and 82 through 86). 

i. Human trafficking, and

ii. Prostitution-related offenses (14:82) 

iii. Prostitution of person under 18 (14:82.1) 

iv. Purchase of commercial sexual activity (14:82.2) 

v. Solicitation for prostitutes (14:83) 

vi. Inciting prostitution (14:83.1) 

vii. Promoting prostitution (14:83.2) 

viii. Prostitution by massage (14:83.3) 

ix. Sexual massages (14:83.4) 

x. Pandering (sexual) (14:84) 

xi. Letting premises for prostitution (14:85)

xii. Enticing persons into prostitution (14:86) 

g. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature when the conduct explicitly or implicitly affects an individual's employment or education, unreasonably interferes with an individual's work or educational performance, or creates an intimidating, hostile, or offensive work or educational environment and has no legitimate relationship to the subject matter of a course or academic research.

h. Stalking (R.S. 14:40.2) and cyberstalking (R.S. 14:40.3).

i. Unlawful communications (R.S. 14:285 (A)(1) and (4)). 

j. Unwelcome sexual or sex-based conduct that is objectively offensive and undertaken with discriminatory intent.

Report: An initial verbal or written account of alleged prohibited conduct. A report may be submitted through the online reporting platform or to a Responsible Employee, the Title IX Coordinator, law enforcement, or another authorized recipient.

Respondent: A person alleged to have engaged in conduct that may violate this Policy.

Responsible Employee: An employee who witnesses or receives a direct statement concerning power-based violence. The term does not include a designated Confidential Advisor or an employee authorized by law to maintain privileged communications.

Retaliation: Intimidation, harassment, threats, coercion, discrimination, or another adverse action or speech directed against a person because of that person’s report, complaint, participation, cooperation, testimony, request for supportive measures, or opposition to conduct prohibited by this Policy.

Supportive Measures: Non-disciplinary, nonpunitive, individualized services offered as appropriate, reasonably available, and without charge to a complainant or respondent.

Title IX Coordinator: The RPCC official responsible for coordinating the College’s compliance with Title IX, applicable power-based-violence laws, LCTC requirements, and this Policy.

Title IX Grievance Procedure: A process for addressing and resolving a “Formal Complaint” that satisfies requirements set forth in 34 C.F.R. §106.30.   See LCTC Policy 9.002 Title IX Grievance Procedure for key term.   

Title IX Sexual Harassment:  For the purposes of determining whether power-based violence will be treated as a potential violation of Title IX in accordance with the Title IX Grievance Procedure, Title IX sexual harassment means conduct on the basis of sex that satisfies one or more of the following:   

a. An employee of the institution conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;   

b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity; or

c.  “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).   

C. Statement of the Rights of the Parties

Subject to the applicable procedure and law, the parties have the right to:

• An equitable investigation and resolution of all credible allegations of prohibited harassment or discrimination made in good faith to LCTC or its colleges’ officials.   
• A timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
• A timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.  
• Be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.   
• Have any personally identifiable information released to the public without consent provided, except to the extent permitted by law.   
• Be treated with respect by LCTC or its college officials.   
• Have LCTC or its colleges’ policies and procedures followed without material deviation.   
• Not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.    
• Not to be discouraged by LCTC or its college officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.   
• Be informed by LCTC or its college officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by LCTC or its college authorities in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report, as well.    
• Have allegations of violations of this Policy responded promptly and with sensitivity by LCTC or its college law enforcement and/or other LCTC college officials.
• Be informed of available interim actions and supportive measures, such as counseling; advocacy; health care; legal, student financial aid, visa, and immigration assistance; or other services, both on campus and in the community.    
• An LCTC or its college-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct that presents a danger to the welfare of the party or others.   
• Be informed of available assistance in changing academic, living, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include but are not limited to: 
  • Relocating an on-campus student’s housing to a different on-campus location.
  • Assistance from LCTC or its college staff in completing the  relocation
  • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)  
  • Transportation accommodations   
  • Visa/immigration assistance
  • Arranging to dissolve a housing contract and a pro-rated refund 
  • Exam, paper, and/or assignment rescheduling or adjustment  
  • Receiving an incomplete in, or a withdrawal from, a class (may be  retroactive)
  • Transferring class sections 
  • Temporary withdrawal/leave of absence (may be retroactive)
  • Campus safety escorts 
  • Alternative course completion options.   
• Have the LCTC or its colleges maintain such actions for as long as necessary and for supportive measures to remain private, provided privacy does not impair the LCTC or its colleges’ ability to provide the supportive measures.    
• Receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible.   
• Ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.   
• Provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant by the Investigator(s)/Chair, may be asked of any party or witness.    
• Not to have irrelevant prior sexual history or character admitted as evidence.   
• Know the relevant and directly related evidence obtained and to respond to that evidence.    • The right to fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.   
• Receive a copy of the investigation report, including all factual, policy, and/or credibility analyses performed, and all relevant and directly related evidence available and used to produce the investigation report, subject to the privacy limitations imposed by state and federal law, prior to the hearing, and the right to have at least ten (10) business days to review the report prior to the hearing.   
• Respond to the investigation report, including comments providing any additional relevant evidence after the opportunity to review the investigation report, and to have that response on the record.   
• Be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.    
• Regular updates on the status of the investigation and/or resolution.    
• Have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received relevant annual training.   
• A Hearing Panel that is not single-sex in its composition, if a panel is used.   
• Preservation of privacy, to the extent possible and permitted by law.   
• Meetings, interviews, and/or hearings that are closed to the public.   
• Petition that any LCTC or its college representative in the process be recused on the basis of disqualifying bias and/or conflict of interest. 
• Have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process.    
• The use of the appropriate standard of evidence, preponderance of the evidence, to make a finding after an objective evaluation of all relevant evidence.    
• Be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing
• Have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to sanctioning.   
• Be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process and a detailed rationale therefore (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the parties
• Be informed in writing of when a decision by LCTC or its colleges is considered final and any changes to the sanction(s) that occur before the decision is finalized.   
• Be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by LCTC or its colleges
• A fundamentally fair resolution as defined in these procedures.   

D. Administrative Reporting

RPCC shall use the current reporting forms and instructions issued by LCTC and the Louisiana Board of Regents.

1. Title IX Coordinator (Form)  

Note: RS 17:3399.13.1(A) requires the submission of reports to the Institution’s Chancellor by October 10 and April 10.  

2. Chancellor (Form)  

Note: RS 17:3399.13.1(C) requires the submission of biannual reports to the System President 14 days after receipt from the Institution’s Title IX Coordinator. To ensure timeliness of compliance BOR recommends submitting reports to System Board by October 24 and April 24.  

3. System President (Form)  

Note: RS 17:3399.13.1(D) requires the submission of biannual reports to the System Board 14 days after receipt from the Institution’s Chancellor. To ensure timeliness of compliance BOR recommends submitting reports to System Board by November 7 and May 8.  

4.    System Board (Form)  

Note: R.S. 17:3399.13.1(E), annual incident reports are due to the Board of Regents by December 31 and annual training reports are due by January 30. To allow sufficient time for review and follow-up, institutions are encouraged to submit incident reports by December 1 and training reports by January 20. The Board of Regents will also request an interim compliance report from each system by June 1. 

5. BOR  

Note: RS 17:3399.13.1(G) requires the submission of reports to the Legislature by February 28. To ensure timeliness of compliance BOR will attempt to submit reports to the Legislature by early January.