Sexual Harassment & Misconduct

Sexual Harassment

Hamilton Tech is committed to the policy that all members of the institution’s community, employees, students, visitors, and program participants, have the right to be free from harassment, which can be a form of discrimination if it is unwelcome and severe or pervasive enough to substantially interfere with a person's work or education. Unlawful sexual harassment is a form of discrimination and will not be tolerated. If one has been found to have committed sexual harassment, they will be disciplined up to and including termination from the college. Hamilton Tech is committed to preventing or stopping harassment whenever it may occur at the college or at college sponsored events on or off campus, e.g., field trips, social or educational functions, student recruitment activities, and externships. Hamilton Tech complies with the Title IX, VAWA/Campus SaVE Act.

Sexual Harassment is defined as persistent, repetitive, or egregious behaviors directed at a specific individual or group of individuals, whether made physically, orally, in writing, or through electronic media- that if not submitted or consented to, could result in consequences for the individual(s)targeted. Sexual Harassment includes, but is not limited to, the following:
physical contact or violence, direct or implied threats of a sexual nature or for a sexual purpose, persistent propositions to develop a romantic or sexual relationship, unwelcomed sexually explicit gestures, statements, questions, jokes, anecdotes, or displays of graphic sexual material-including remarks about a person’s clothing or body, sexual activity or previous sexual experience, stalking, unwelcomed touching, and bullying/cyber-bullying for a sexual purpose.

Confidentiality

Hamilton Tech College is committed to creating an environment that encourages any of the institutions community to come forward if they have experienced any form of sexual harassment. The college will work to protect the identities and privacy of the persons who seek help or who report harassment. Legal obligations may require the college to take action if harassment or discrimination is occurring. It is important that persons who are concerned about confidentiality always discuss that concern with the person to whom they are speaking, and should inquire about any limits on that confidentiality.

Reporting

Such behaviors can create a hostile, intimidating and demeaning environment that can interfere with or deny participation in everyday activities in one’s life. All employees, students, visitors and program participants must be allowed to work and study in an environment free from unsolicited and unwelcomed sexual overtures and advances. With issues regarding harassment, it is important to identify and remedy a situation as soon as possible. Complainants are urged to promptly share grievances or concerns in order for the college to investigate.
Designated and trained individuals, called Title IX Coordinators can assist a person in deciding if and how they want to proceed and what’s entailed in carrying out that decision. The following administrators serve as Hamilton Tech’s Title IX Coordinators. They serve as resources for incidents on and off campus. There is a representative from the Title IX Team available anytime the college is open.

  • Brian Beert, Dean of Students and Enrollment, Main Building, Front Entrance: 563-594-5790, bbeert@hamilontechcollege.com
  • Katrina Pivovarnik, Academic Dean and Instructor, Main Building, Upstairs: 563-594-5796, kpivovarnik@hamiltontechcollege.edu

Retaliation

Hamilton Tech College prohibits retaliatory action against any person making a complaint of sexual harassment or against any person cooperating in the investigation of any charge of sexual misconduct. Acts of retaliation are, by themselves, cause for disciplinary action. Concerns of retaliation can be communicated to the Title IX Coordinators, the College Director or the Dean of Students.
Persons who feel they have been discriminated against on the basis of race, color, national origin, ancestry, religion, sex, sexual orientation including gender identity, age, marital status, civil union status, physical or mental disability, or military status may file such complaint or grievance with the Affirmative Action Officer or Title IX, Section 504, Program Coordinator at the college business office, 1011 E. 53rd Street, Davenport, Iowa 52807, telephone number (563) 386-3570.

Sexual Misconduct Policy/ Violence Against Women Act (VAWA) and the Campus Sexual Violence Elimination Act (SaVE Act)Hamilton Technical College is committed to providing a learning and a working environment that is free from sexual misconduct. Hamilton Tech complies with the Title IX, VAWA/Campus SaVE Act. It is the policy of the College that sexual misconduct in any form will not be tolerated and is committed to upholding a safe, non-threatening and respectful environment. Any violation of this policy may result in discipline up to and including termination from the college.

Definitions

Sexual misconduct is a broad term encompassing any non-consensual behavior of a sexual nature that is committed by force or intimidation, coercion, or manipulation. It can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can occur between members of the same or different sex and can also occur while individuals are fully clothed. Sexual misconduct includes, but is not limited to, sexual abuse or assault, sexual harassment, sexual exploitation, and sexual intimidation.

Sexual Abuse or sexual assault is a form of sexual misconduct and represents a continuum of conduct from forcible rape to nonphysical forms of pressure that compel individuals to engage in sexual activity against their will. In Iowa, the terms "rape" and "sexual assault" fall under the legal definition of "sexual abuse," which includes any sex act done by force or against the will of another.

Sexual Harassment is defined as persistent, repetitive, or egregious behaviors directed at a specific individual or group of individuals, whether made physically, orally, in writing, or through electronic media. Sexual Harassment includes, but is not limited to, the following: physical contact or violence, direct or implied threats of a sexual nature or for a sexual purpose, persistent propositions to develop a romantic or sexual relationship, unwelcomed sexually explicit gestures, statements, questions, jokes, anecdotes, or displays of graphic sexual material-including remarks about a person’s clothing or body, sexual activity or previous sexual experience, stalking, unwelcomed touching, and bullying/cyber-bullying for a sexual purpose.

Sexual Exploitation involves taking sexual advantage of another person. However, the behavior(s) displayed might not fit into other sexual misconduct offenses. Examples include, but are not limited to the following: Distribution or publication of sexual or intimate information about another person without consent, electronic recording, photographing, or transmitting sexual or intimate statements, sounds, or images without knowledge and consent of all parties, or indecent exposure.

Sexual intimidation is defined as an implied or actual threat to commit a sex act against another person, or behaviors used to coerce a person in a sex act. Examples include, but are not limited to: stalking and voyeurism.

Consent is giving permission to engage in activity. Consent is clear, knowing and voluntary. Previous history does not imply consent for future activity. Consent to one activity does not imply consent to another. Consent cannot be given under pressure, force, threats, intimidation, coercion or while incapacitated due to influence of alcohol and/or drugs. In order to give consent one must be of legal age and not incapacitated mentally or physically. Silence should not be interpreted as consent.

Confidentiality

Hamilton Tech College is committed to creating an environment that encourages students to come forward if they have experienced any form of sexual misconduct. The college will work to protect the identities and privacy of the students who seek help or who report sexual misconduct. Yet, it is important that students understand the limits on confidentiality of individuals whom they may contact for such assistance. Students who are concerned about confidentiality should always discuss that concern with the person to whom they are speaking, and should inquire about any limits on that confidentiality.

Reporting

The college strongly encourages students to report concerns immediately. In addition to violating college policy, sexual misconduct might also constitute criminal activity. Students are encouraged to inform the police and/or seek medical attention. The chances of a successful criminal investigation are greatly enhanced if evidence is collected and maintained immediately by authorities. Students can inform and discuss the matter with law enforcement and hospital personnel without making a formal criminal complaint or a formal college complaint. For emergencies, contact 911 or the Davenport Police Department at (563) 326-7979. Assistance can be obtained 24 hours a day, 7 days a week from the Regional Iowa Crisis Line: 800-228-1625 and the 24 hour toll free number: 866-921-3354.

Quad City Area Hospitals:

Genesis Medical Center
2303 Eastern Avenue, Davenport, IA
1227 East Rusholme Street, Davenport, IA

Unity Point Health
4500 Utica Ridge Road, Bettendorf, IA
2701 17th Street, Rock Island, IL
500 John Deere Road, Moline, IL
1518 Mulberry Avenue, Muscatine, IA

Quad Cities Rape Sexual Assault Agency
Family Resources Rape Victim Advocacy Program (confidential, certified victim advocacy services)
563-326-9191, Iowa
309-797-1777, Illinois
http://www.famres.org/safepath.htmlFamily Resources walk in Facilities:
2800 Eastern Avenue, Davenport, IA
1521 47th Avenue, Moline, IL

Surrounding Area locations:
119 Sycamore Street, Muscatine, IA
Call 866-921-3354 for facilities in Clinton and Maquoketa, IA

Title IX Coordinators

The following administrators serve as Hamilton Tech’s Title IX Coordinators. They serve as resources for incidents on and off campus. There is a representative from the Title IX Team available anytime the college is open. The following people are Title IX Coordinators:

College Response

A student who believes she or he has been the victim of sexual misconduct, as well as a student who has been accused of sexual misconduct may seek interim actions while an investigation is being conducted:

  • Assistance in securing a transfer of class schedules
  • Assistance in arranging leaves of absence or withdrawals
  • The college has the right to obtain a no-contact order between any parties that are involved in Sexual Misconduct. This is to maintain the safety and security of the student body including the complainant, and the accused (including any witnesses involved in the investigation procedure)
  • Other interim actions, when necessary to protect student welfare, such as interim suspension of 5 days, or immediate termination for violating the Sexual Misconduct Policy may occur.


Title IX Coordinators may take immediate interim actions to protect the safety of the college community, to enable students with complaints and witnesses to continue studies, and to ensure the integrity of an investigation.
During a college sponsored event, e.g., field trips, social or educational functions, student recruitment activities, and externships, students are strongly encouraged to report incidents and seek out help, or share information about sexual misconduct as soon as possible to one of the Title IX coordinators, the police and/or personnel at a hospital emergency room.

Retaliation

Hamilton Tech College prohibits retaliatory action against any person making a complaint of sexual misconduct or against any person cooperating in the investigation of any charge of sexual misconduct. This includes any form of intimidation, threats, or harassment. Acts of retaliation are, by themselves, cause for disciplinary action. Concerns of retaliation can be communicated to the Title IX Coordinators, the College Director or the Dean of Students.

Persons who feel they have been discriminated against on the basis of race, color, national origin, ancestry, religion, sex, sexual orientation including gender identity, age, marital status, civil union status, physical or mental disability, or military status may file such complaint or grievance with the Affirmative Action Officer or Title IX, Section 504, Program Coordinator at the college business office, 1011 E. 53rd Street, Davenport, Iowa 52807, telephone number (563) 386-3570.

Child Abuse Reporting

Child means any person under the age of 18 years.
Employees of Hamilton Tech who are aware of (or suspects) physical or sexual child abuse are required to contact the Davenport Police Department at (563) 326-7979 to file a report.

When making a report of child abuse. the reporter should provide the following information to the best of his or her knowledge:

  • Time of the report
  • Circumstances leading up to the report
  • The names and home address of the child and the child’s parents or other persons believed to be responsible for the child’s care.
  • The child’s present whereabouts.
  • The child’s age.
  • The nature and extent of the child’s injuries, including any evidence of previous injuries.
  • The name, age, and condition of other children in the same household.
  • Any other information that you believe may be helpful in establishing the cause of the abuse or neglect to the child.
  • The identity of the person or persons responsible for the abuse or neglect to the child.
  • Your name and address.