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z. Affirmative Consent; Affirmative, conscious, and <br />voluntary agreement to engage In sexual activity, It is <br />the responsibility of each person involved in sexual <br />activity to ensure that the other(s) involved affirmatively <br />consent(s) to engage in sexual activity. Lack of protest <br />or resistance does not mean consent, nor does silence <br />mean consent. Affirmative consent must be ongoing <br />throughout a sexual activity and can be revoked at any <br />time. The existence of a dating relationship between <br />the persons Involved, or the fact of past sexual relations <br />between them should never by Itself be assumed to be <br />an Indicator of consent. Valid consent does not exist if <br />Respondent knew or should have known that <br />Complainant was unable to consent because <br />Complainant was asleep or unconscious; was <br />incapacitated due to drugs, alcohol or medication; or <br />Complainant was unable to communicate due to a <br />mental or physical condition. <br />3, Amnesty: Protection from disciplinary action against <br />a reporting party. Complainant, or witness for <br />participation in the reporting, investigation or <br />adjudication of Prohibited Conduct for a violation of the <br />College's conduct policies related to the incident unless <br />the College determines that the violation was <br />egregious, including but not limited to, an action that <br />places the health or safety of any other person at risk. <br />4. Complainant: An individual at whom conduct that <br />meets the definition of Prohibited Conduct is directed or <br />alleged to have been directed. A Complainant must be <br />participating or attempting to participate in the <br />College's education program or activity at the time of <br />filing a formal complaint. A person may be a <br />complainant, or a respondent, even where no formal <br />complaint has been filed and no grievance process is <br />pending <br />5. Days: Any reference to "days" contained in these <br />procedures shalt mean business days, excluding all <br />recognized federal and state holidays and breaks <br />during which classes are not in session. <br />6. Education Program or Activity: all academic, <br />educational, extracurricular, athletic, and other <br />programs of Concorde occurring in the U.S., including <br />locations or events, or circumstances over which the <br />College exercised substantial control over both the <br />Respondent and the context in which the sexual <br />discrimination or harassment occurs, and also includes <br />buildings owned or controlled by a student organization <br />that is officially recognized by Concorde. <br />7. Grievance Procedures: Procedures adopted and <br />published by Concorde as set forth as in this policy, <br />8. "In Writing": Use of the phrase "in writing" shall refer <br />to submission of materials either electronically (e,g., via <br />email or via hard copy format, sent via facsimile, U.S, <br />mail or courier service, interoffice mail, or personal <br />delivery) to the Lead Title IX coordinator, <br />g. Supportive Measures: Non -disciplinary, non -punitive <br />Individualized services offered as appropriate, as <br />reasonably available, and without a fee or charge after <br />Concorde obtains Actual Knowledge that Prohibited <br />Conduct may have occurred. Including but not limited <br />to before or after the filing of a Formal Complaint. <br />Supportive Measures must be available to <br />Complainants and Respondents on an equitable basis <br />and must be designed to: <br />I. restore or preserve equal access to Concorde's <br />education programs or activities without unreasonably <br />burdening the other party; <br />ii, protect the safety of all parties and the College's <br />educational environment; and <br />III. deter Prohibited Conduct. <br />1o, Prohibited Conduct: Sex Discrimination and Sexual <br />Harassment as defined in Title IX of the Education <br />Amendments of 1972 (20 U.S.C. 551681, et. seq.) and its <br />implementing regulations (34 CFR 1o6, et, seq.) and the <br />Title IX policy 04-018, <br />11. Remedies: Actions taken to restore or preserve <br />equal access to Concordes education programs and <br />activities, <br />12. Respondent: Person(s) reported to have engaged in <br />Prohibited Conduct,A person may be a complainant, or <br />a respondent, even where no formal complaint has <br />been filed and no grievance process is pending. <br />Student Computer Network and <br />Internet Conduct <br />Concorde Career College provides students access to <br />its computer network and Internet access for purposes <br />directly related to education. Concorde reserves the <br />right to monitor all usage of Its computers and <br />computer systems. This includes the monitoring of <br />email and website access. The following practices are <br />prohibited: <br />Installing or executing unauthorized software. <br />Using computers to copy copyrighted or licensed <br />software, <br />Using the network for commercial purposes. Users <br />may not buy or sell products or services through <br />the system without prior consent of the corporate <br />network administrator. <br />Using the network for advertising or political <br />Lobbying. <br />Accessing websites, newsgroups, or chat areas <br />that contain material that is sexually related, <br />obscene, or that promotes illegal acts. If a user <br />accidentally accesses this type of information, he <br />or she should immediately notify an instructor, the <br />Learning Resource Center Coordinator, and/or <br />network administrator. <br />2022-2023 Garden Grove Catalog I Publication Date: May 20. 20231 Effective July 1, 2022 through June 30, 2023 <br />67 <br />