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This allows the College to quickly respond to allegations and offer immediate support to the victim/survivor.

MCC is committed to protecting the confidentiality of victims/survivors, and will work closely with students who wish to obtain private/confidential assistance regarding an incident of sexual misconduct.

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b) Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.

c) Consent may be initially given but withdrawn at any time.

Confidentiality: May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with State and Federal law, including but not limited to 20 U. Domestic violence: A felony or misdemeanor crime of violence committed: a) By a current or former spouse or intimate partner of the victim; b) By a person with whom the victim shares a child in common; c) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; d) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or e) By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Incapacitation: Physical and/or mental inability to make informed, rational judgments and decisions.

f) When consent is withdrawn or can no longer be given, sexual activity must stop. Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

Bystander: A person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal statute that requires colleges and universities that participate in federal financial aid programs to keep and disclose statistics about crime on or near their campuses. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Code of Conduct: The written policies adopted by an Institution governing student behavior, rights, and responsibilities while such student is matriculated in the Institution. It does not include acts covered under the definition of domestic violence.

Specifically, MCC strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking.

These acts have a real impact on the lives of victims/survivors.

and if not, (2) Should a sober, reasonable person in the same situation have known that the other individual was incapacitated?

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