Salish Kootenai College prohibits and does not tolerate sexual misconduct, molestation, or abuse in the workplace or during any organization-related activity. The College provides these protocols for employees, volunteers, board members or any other victims of sexual abuse or misconduct to report such acts. Individuals reasonably suspected or believed to have committed sexual misconduct, molestation, or abuse will be subject to reporting to the appropriate authority and, if found guilty, appropriately disciplined, up to and including termination of employment as well as criminal prosecution. No employee, volunteer, board member or other person, regardless of his or her title or position has the authority to commit or allow sexual abuse or misconduct.
- Definitions and Examples
The following definitions or examples of sexual abuse, molestation, misconduct, or harassment, shall apply to any and/or all of the following persons – college employees, volunteers, board members, or other third parties acting on behalf of the College.
Sexual abuse or misconduct includes, but is not limited to:
- Child sexual abuse – any sexual activity, involvement, or attempt of sexual contact with a person who is minor (under 18 years old) where consent is not or cannot be given.
- Sexual activity with another who is legally incompetent or otherwise unable to give consent.
- Physical assaults or violence, such as rape, sexual battery, abuse, molestation or any attempt to commit such acts.
- Unwanted and intentional physical conduct that is sexual in nature, such as touching, pinching, patting, brushing, massaging someone’s neck or shoulders, and/or pulling against another’s body or clothes.
- Material such as pornographic or sexually explicit images, posters, calendars, or objects.
- Unwelcome and inappropriate sexual activities, advances, comments, innuendoes, bullying, jokes, gestures, electronic communications or messages (e.g. email, text, social media, voicemail), exploitation, exposure, leering, stalking or invasion of sexual privacy.
- A sexually hostile environment characterized as comments or conduct that unreasonably interferes with one’s work performance or ability to do the job or creates an intimidating, hostile, or offensive environment.
- Direct or implied threats that submission to sexual advances will be a condition of employment or affiliation with the organization.
- Reporting Procedure
Suspected misconduct or sexual abuse of minors less than 18 years of age should immediately be reported to the Montana Department of Child and Family Services, 1 (866) 820-5437. Suspected misconduct or sexual abuse of adults should be reported to SKC’s Title IX Coordinator.
It is not required to directly confront the person who is the source of the report, question or complaint before notifying the entities listed above. Salish Kootenai College will take every reasonable measure to ensure that those named in complaint of misconduct, or are too closely associated with those involved in the complaint, will not be part of the investigative team.
- Anti-retaliation and False Allegations
Salish Kootenai College prohibits retaliation made against any employee, volunteer, board member, or other person who lodges a good faith complaint of sexual abuse or misconduct or who participates in any related investigation. Making knowingly false or malicious accusations of sexual abuse or misconduct can have serious consequences for those who are wrongly accused. Salish Kootenai College prohibits making false or malicious sexual misconduct allegations, as well as deliberately providing false information during an investigation. Anyone who violates this rule is subject to disciplinary action, up to and including termination of employment and criminal prosecution.
- Reporting to Law Enforcement or Appropriate Child or Adult Protective Services
Salish Kootenai College is committed to following tribal and federal legal requirements for reporting allegations or incidents of sexual abuse or misconduct to appropriate law enforcement and child or adult protective services organizations. It is the policy of Salish Kootenai College not to attempt to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition before reporting the allegation to proper law enforcement authorities or protective services organizations.
- Investigation and Follow-up
Salish Kootenai College will take all allegations of sexual abuse, molestation, or misconduct seriously. The College will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies. Salish Kootenai College will make every reasonable effort to keep the matters involved in the allegation as confidential as possible while still allowing for a prompt and thorough investigation.
- Employee and Worker Screening and Selection
As part of its sexual abuse and misconduct prevention program, Salish Kootenai College maintains a diligent screening program for prospective and existing employees, volunteers and others that may have interaction with minors. The organization may utilize a variety of methods of screening and selection, including but not limited to applications, personal interviews, criminal background checks and personal and professional references.
- Supervision of Youth
To provide a safe environment for minors, Salish Kootenai College strives to ensure that a minimum of two adult workers supervise or be in attendance with minors during organization-related activities. Salish Kootenai College Policy 710.00 provides further details regarding safety of minors in college-related activities.