Title IX Sexual Harassment Complaint Procedures

INTRODUCTION

Jefferson State Community College is committed to providing a workplace and campus community free of sexual misconduct and harassment. As required by Title IX of the Education Amendments of 1972, the College does not discriminate on the basis of sex in its education programs and activities. This includes discrimination affecting employees of the college and applicants for employment, students and applicants for admission, or members of the public. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others, whether on college premises or at any College owned off campus location and while participating in any educational program or activity of the College.

Sexual harassment, which includes sexual misconduct and sexual assault, is a form of sex discrimination which is prohibited under Title IX of the Education Amendments of 1972 and the Violence Against Women Act. This policy is intended to reaffirm the College’s commitment to address sexual harassment and take steps to prevent its reoccurrence and preserve or restore equal access to the College’s education programs and activities. Dating violence, domestic violence, and stalking may also be considered forms of sexual discrimination. Due to the seriousness of these offenses, the College has adopted specific policies and procedures, outlined in the Student Handbook, employment policies, and https://www.jeffersonstate.edu/titleix/ to address alleged instances of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence, and stalking. The College believes that no person should bear the effects of sexual harassment alone. When such conduct occurs, the College’s paramount concern is for the safety and well-being of those impacted. To support and assist students, the College provides a range of resources that include a trained counselor.

Under Title IX, individuals reporting allegations related to sexual harassment and/or sexual violence, have the right to a resolution of their complaint, to have the college conduct a prompt, thorough and impartial investigation, and to receive supportive measures to ensure the safety and wellbeing of the individuals involved and the college community.

When allegations of sexual harassment and/or sexual violence in any form are brought to the attention of the Title IX Coordinator, and if a responding party is found to have violated this policy, serious sanctions will be used to prevent its reoccurrence. Jefferson State Community College does not tolerate or condone retaliation. Individuals wishing to report reporting sexual harassment and/or sexual violence and/or to make inquiries concerning the application of Title IX at the College may contact:

Dr. Mike Hobbs, PhD
Vice President for Student Affairs
Title IX Coordinator
207 Allen Library
2601 Carson Road
Birmingham, Alabama 35215
Phone: (205) 856-8543
Email: [email protected]

Mr. Shain Wilson
Director of Human Resources
111 George Wallace Hall
2601 Carson Road
Birmingham, Alabama 35215
Phone: (205)856-8598
Email: [email protected]

and/or

Assistant Secretary
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
800-421-3481
Fax: 202-453-6012; TDD: 800-877-8339
[email protected]

Information regarding the Title IX Coordinator and their role will be provided to all faculty, staff, students, applicants for admissions, and applicants for employment. Also, this information is available on the College website https://www.jeffersonstate.edu/titleix/ under the Title IX webpage.


POLICY

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

DEFINITIONS RELATING TO SEXUAL HARASSMENT

Many terms are used in the context of sexual harassment. The following will provide some common definitions and examples.

Actual knowledge: The notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official of the College who has authority to institute corrective measures of behalf of the College shall be deemed actual knowledge on the part of the College.

Complainant: is an individual who is alleged to be the victim of conduct that could constitute sexual harassment. For the purposes of this procedure a Complainant may be an individual applying for admission or employment, an employee, a student or an individual otherwise participating in or attempting to participate in the College’s education programs and activities.

Respondent: is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Formal complaint: is a document filed by the complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. Note: At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an educational program or activity of the College at which the formal complaint is filed.

Consent: “Consent” must be informed, voluntary, and mutual and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntarily consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not be able to give consent to sexual contact.

Sexual Misconduct: Committing sexual abuse, sexual assault, sexual harassment, sexual exploitation, or statutory rape, as defined below or under Alabama state law.

Harassment: The striking, shoving, kicking, or otherwise touching or making physical contact in regard to another for the purpose of harassing, annoying or alarming; and/or directing abusive or obscene language or making an obscene gesture toward someone for the purpose of harassing, annoying, or alarming. Example: Making or using persistent derogatory comments, epithets, or slurs that place a person in a hostile or fearful environment or where the person’s safety is in jeopardy.

Sexual harassment: Conduct on the basis of sex that satisfies one or more of the following:

  • A school employee conditioning education benefits on participating in unwelcome sexual conduct (i.e. quid pro quo);
  • Unwelcomed conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or
  • Stalking, dating violence, or domestic violence.

Definitions of Sexually Based Offenses

Sexual abuse in the first degree:

(a) A person commits the crime of sexual abuse in the first degree if:

(1) He subjects another person to sexual contact by forcible compulsion; or

(2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

(b) Sexual abuse in the first degree is a Class C felony (Alabama Code 13A-6-66).

Sexual abuse in the second degree:

(a) A person commits the crime of sexual abuse in the second degree if:

(1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or

(2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

(b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony (Alabama Code 13A-6-67).

Rape in the first degree:

(a) A person commits the crime of rape in the first degree if:

(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.

(b) Rape in the first degree is a Class A felony (Alabama Code 13A-6-61).

Rape in the second degree:

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

(b) Rape in the second degree is a Class B felony (Alabama Code 13A-6-62).

Sodomy in the first degree:

(a) A person commits the crime of sodomy in the first degree if:

(1) He engages in deviate sexual intercourse with another person by forcible compulsion; or

(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.

(b) Sodomy in the first degree is a Class A felony (Alabama Code 13A-6-63).

Sodomy in the second degree:

(a) A person commits the crime of sodomy in the second degree if:

(1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.

(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.

(b) Sodomy in the second degree is a Class B felony (Alabama Code 13A-6-64).

Domestic Violence:

Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or has cohabitated with the victim as a spouse, or 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 (34 U.S.C.12291(a)(8).

In Alabama, domestic violence includes felony and misdemeanor crimes of violence committed by a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant (Alabama Code Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees).

Dating Violence:

Means violence committed by a person –

(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(b) Where the existence of such a relationship will be determined based on a consideration of the following factors:

The length of the relationship,

The type of relationship,

The frequency of interaction between the persons involved in the relationship (34 U.S.C.12291(a) (10).

 

State of Alabama Title 13a

Laws and Penalties for Title IX related crimes

 

Crime Description Criminal Penalties

Employee
Penalties

College Penalties for Students College Penalties for person(s) other than students and employees
Harassment (13A11-8) (a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either: a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.

b. Directs abusive or obscene language or makes an obscene gesture towards another person.

(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.

(3) Harassment is a Class C misdemeanor.

(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.

b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business telephone communications.

(2) Harassing communications is a Class C misdemeanor.

Fines Not more than $500

Jail -not more than three months in city or county jail

 

Training

Referral to Counseling

Reprimand

Loss of Privileges

Suspension

Expulsion

Other penalties set forth by the College

Training

Referral to Counseling

Reprimand

Loss of Privileges

Suspension

Expulsion

Other penalties set forth by the College

Trespass from Campus

Termination of contractual agreements

Assault 1st degree (13a-6-20) Physical injury with a deadly weapon (gun knife) or dangerous instrument (baseball bat); with intent to disfigure seriously and permanently or to destroy, amputate, disable permanently a member or organ of another causes such injury; circumstances manifesting extreme indifference to the value of human life, recklessly engages in conduct which creates grave risk of death and causes serious physical injury to any person; in the course of, in furtherance of commission (or attempt) arson 1st, burglary 1st or 2nd, escape 1st, kidnapping 1st, rape 1st, robbery any degree, sodomy 1st or any other felony clearly dangerous to human life or immediate flight therefrom, causes serious physical injury to another; DUI (alcohol, controlled or combined) serious physical injury with vehicle or vessel. Class B Felony: not more than 20 years in prison, or less than 2 years; Not more than $30,000. Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Assault 2nd (13a-6-21) With intent to cause serious physical injury they cause serious physical injury; deadly weapon or dangerous instrument; recklessly causes serious physical injury by deadly weapon or dangerous inst.; with intent to prevent a peace officer (36-21-60), detention/correctional officer (municipal, county, state), ems personnel, utility worker, fire fighter from performing a lawful duties intends to cause physical injury, and causes physical injury to any person; teachers or employees of a public ed institution; health care workers (nurse, physician, tech or person employed by or practicing at a hospital (22-21-20), county or district health dept, long term care facility, physician’s office, clinic outpatient treatment facility during the course of or as a result of the performance of their duties causes physical injury to any person.***impaired patients or home health care workers at private res. Not included***; for purposes other than lawful med or therapeutic treatment they intentionally cause stupor, unconsciousness, or other physical or mental impairment or injury to another without consent, a drug or substance or preparations capable of producing intended harm. Class C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not more than $15,000. Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Assault 3rd (13a-6-22) Intent to cause physical injury he causes physical injury to any person; recklessly causes physical injury to another person; crim negligence causes physical injury to another by DW or DI; prevent peace officer from lawful duty causes physical injury to any person. Class A misdemeanor: not more than 1 year in the county jail; not less than $6,000

 

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

 

Trespass from all school property

Termination of contractual agreements

Menacing (13a-6-23) By physical action intentionally places or attempts to place another in fear of imminent physical injury. Class B misdemeanor: not more than 6 months; not less than $3,000

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Reckless Endangerment (13a-6-24) Recklessly engages in conduct that creates a substantial risk off serious physical injury to another Class A misdemeanor: not more than 1 year in the county jail; not less than $6,000

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Criminal Coercion (13a-6-25) w/o legal auth threatens to confine, restrain, cause physical injury to threatened person or another; damage property, reputation of threatened person or another to induce the other against their will to do an unlawful act or refrain from a lawful act. Class A misdemeanor: not more than 1 year in the county jail; not less than $6,000

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Unlawful Imprisonment 1st (13a-6-41) Restrains another person under circs which expose the later to a risk of serious physical injury Class A misdemeanor: not more than 1 year in the county jail; not more than $6,000.

 

Termination of employment

 

 

 

 

 

 

Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Unlawful Imprisonment 2nd (13a-6-42) Restrains another person****no crime if child in under 18, actor is relative of child, assume lawful control of child**** Class C misdemeanor: not more than 6 months in county jail; not less than $500

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Kidnapping 1st (13a-6-43) Abducts with intent to hold for ransom or reward; use as a shield or hostage; accomplish/aid in the commission of any felony or flight therefrom; inflict physical injury, violate or sexually abuse; terrorize him or a 3rd person; interference with the performance of any gov or political function ****no crim committed if person released vol, victim is alive and not suffering any serious physical injury, in a safe place prior to apprehension*** Class A felony: life or not more than 99 years or less than 10 years; not more than $60,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Kidnapping 2nd (13a-6-44) Abducts another person ***no intent to use or threat of deadly force, actor is a relative, assuming lawful control*** Class B Felony: not more than 20 years or less than 2 years; not more than $30,000 Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

 

 

Trespass from all school property

Termination of contractual agreements

Interference with Custody (13a-6-45) Knowingly takes or entices, child under 18 from lawful custody of parent, guardian, or lawful custodian; any committed person (anyone committed under judicial warrant, neglected, dependent, or delinquent child; mentally defective, insane person or incompetent person entrusted to another’s custody by law. ***to assume lawful control no crime exists*** Class C Felony: not more than 10 years or less than 1 year and 1 day (366 days);

not more than $15,000.

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Rape 1st (13a-6-61) Engages in sexual intercourse with a member of the opposite sex by forcible compulsion; incapable of consent by being physically helpless or mentally incapacitated; by being 16 years or older, engages in intercourse with member of opposite sex who is less than 12 years of age Class A Felony: life or not more than 99 years or less than 10 years; not more than $60,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Rape 2nd (13a-6-62) 16 years or older, engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12; provided that the actor is at least 2 years older than the other; incapable of consent due to mental defect Class B Felony: Not more than 20 years or less than 2 years; not more than $30,000 Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Sodomy 1st (13a-6-63) Deviate sexual intercourse by forcible compulsion; physically helpless or mentally incapacitated; 16 years old or older, with a person less than 12 Class A Felony: life or not more than 99 years or less than 10 years; not more than $60,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Sodomy 2nd (13a-6-64) 16 years or older with a person less than 16 and more than 12; person mentally defective Class B Felony: Not more than 20 years or less than 2 years; not more than $30,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

 

 

Trespass from all school property

Termination of contractual agreements

Sexual Misconduct (13a-6-65) Male engages in sexual intercourse with a female without her consent, under circumstances other than covered in 13a-6-63 and64; consent was obtained by the use of fraud or artifice; female engages in intercourse with a male without his consent; deviate sexual intercourse with another under circumstances other than those in 13a-6-63 and 64

 

Class A misdemeanor: not more than 1 year in the county jail; not less than $6,000

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Sexual torture (13a-6-65.1) By penetrating the vagina, anus or mouth of another with an inanimate object by forcible compulsion with intent to sexually torture or abuse; penetration of the vagina, anus or mouth of a person who is incapable to consent by physical helplessness and mental incapacity; person less than 12 years by someone 16 or older.

 

Class A Felony: life or not more than 99 years or less than 10 years; not more than $60,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Sexual abuse 1st (13a-6-66) Subjects another to sexual contact by forcible compulsion; incapable of consent by reason of physical helplessness or mentally incapacitated Class C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not more than $15,000.

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Sexual abuse 2nd (13a-6-67) Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; being 19 or older subject another who is less than 16 years old but more than 12. Class A Misdemeanor: not more than 1 year in the county jail; not less than $6,000

(2nd offense within 1 year=class c felony; not more than 10 years not less than 1 year; not less than $15,000)

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

Trespass from all school property

Termination of contractual agreements

Indecent Exposure (13a-6-68) With intent to arouse or gratify sexual desire of himself or any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises. Class A misdemeanor: not more than 1 year in the county jail; not more than $6,000.

(3rd or subsequent conviction is Class C Felony; not more than 10 years or less than 1 year; not less than $15,000)

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

Trespass from all school property

Termination of contractual agreements

School employee engaging in sex act with student under 19 years (13a-6-81) He or she is a school employee and engages in sexual intercourse (13a-6-60(1)) or deviate sexual intercourse (13a-6-60(2)) with a student regardless of sex of student. Consent is no defense. Class B Felony: Not more than 20 years or less than 2 years; not more than $30,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

School employee having sexual contact with a student under 19 (13a-6-82(a)) He or she is a school employee and engages in sexual contact defined in 13a-6-60(3) with a student regardless of sex. Class C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not more than $15,000.

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

School employee soliciting sex act with student under 19 (13a-6-82(b)) A school employee solicits, persuades, encourages, harasses, or entices a student under 19 to engage in a sex act including but not limited to intercourse (13a-6-60(1)), deviate intercourse (13a-6-60(2)), sexual contact (13a-6-60(3)) Class A misdemeanor: not more than 1 year in the county jail; not more than $6,000.

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

School employee distributing obscene material to a student (13a-6-82.1) School employee distributes or transmits by any means obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast or genital nudity, or sexual conduct to a student. Class A misdemeanor: not more than 1 year in the county jail; not more than $6,000.

 

Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Stalking 1st (13a-6-90) Person intentionally and repeatedly follows or harasses another person and who makes a threat either expressed or implied with intent to place that person in reasonable fear of death or serious bodily harm Class C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not more than $15,000. Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Stalking 2nd (13a-6-90.1) Acting with improper purpose, intentionally and repeatedly follows, harasses, telephones or initiates contact verbally, electronically or otherwise, with another person, any member of that persons immediate family or a 3rd party with whom the other is acquainted and causes mental harm to the mental or emotional health of the other, causes fear that employment, business, or career is threatened and the perpetrator was previously told to cease conduct Class B Misdemeanor: not more than 6 months; not more than $3,000. Termination of employment Suspension

1-2 Semesters

Mental Health Counseling

Trespass from all school property

Termination of contractual agreements

Aggravated stalking 1st(13a-6-91) Person who violates (13a-6-90(a)) and whose conduct violates any court order or injunction Class B Felony: Not more than 20 years or less than 2 years; not more than $30,000 Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Aggravated Stalking 2nd (13a-6-91.1) Person who violates (13a-6-90.1) and whose conduct also violates any court order or injunction. Class C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not more than $15,000. Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Domestic Violence 1st (13a-61-130) Person commits Assault 1st (13a-6-20), or aggravated stalking 1st (13a-6-91) victim is a current/former spouse, parent, child, any person with whom the def has a child in common and a present or former household member, a person with a current/former dating relationship (defined 13a-6-139.1) with the defendant. Class A Felony: life or not more than 99 years or less than 10 years; not more than $60,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Domestic Violence 2nd (13a-6-131) Assault 2nd (13a-6-21), intimidating a witness (13a-10-123), stalking (13a-6-90), Burglary 2nd or 3rd (13a-7-6, 13a-7-7), criminal mischief 1st (13a-7-21), victim is a spouse (current/former), parent, child any person with whom the def has a child in common, a household member (current/former) or the person who has or had a dating relationship with the defendant.

 

Class B Felony: Not more than 20 years or less than 2 years; not more than $30,000. Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Domestic Violence 3rd (13a-6-132) Assault 3rd (13a-6-22), menacing (13a-6-23), reckless endangerment (13a-6-24), criminal coercion (13a-6-25), harassment (13a-11-8(a)), criminal surveillance (13a-11-32), harassing communications (13a-11-8(b)), criminal trespass 3rd (13a-7-4), criminal mischief 1st or2nd (13a-7-22 or 23), arson 3rd (13a-7-43), victim is current or former spouse, parent, child, with any person whom the defendant has a child in common, household member (current/former), person who had or has a dating relationship

 

Class A misdemeanor: not more than 1 year in the county jail; not more than $6,000. Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Interference with a domestic violence emergency call (13a-6-137) Intentionally hindering, obstructing, disconnecting, or preventing the victim from calling for assistance. Class B Misdemeanor: not more than 6 months; not more than $3,000. Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Violation of a Domestic Violence Protection order (13a-6-142) Violation of any order issued pursuant to Protection from Abuse Act (30-5-1 to 30-5-11) The knowing commission of any act prohibited by a domestic violence protection order or any willful failure to abide by its terms.

***can be from circuit, district, municipal, juvenile, or domestic relations court

***in state or out of state varies only by showing a history that violence or abuse exists

 

 

 

 

 

 

 

 

 

 

Class A misdemeanor: not more than 1 year in the county jail; not more than $6,000.

(Min sentence: 30 days imprisonment (may not be suspended). 3rd or subsequent conviction in addition to any other penalty or fine shall be punishable by min sentence of 120 days (may not be suspended))

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Human Trafficking 1st (13a-6-152) Knowingly subjects another to labor or sexual servitude; obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude; gives monetary consideration or any thing of value to engage in any sexual conduct with a minor or an individual who is believed to be a minor***not required that def have knowledge of minor’s age*** Class A felony: life or not more than 99 years or less than 10 years; not more than $60,000

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Human Trafficking 2nd (13a-6-153) Knowingly benefits, financially or by receiving anything of value from participation in a venture or engagement for the purpose of sexual or labor servitude; recruits, entices, solicits, induced, harbors, transports, holds restrains, provides maintains, subjects or obtains by any other means another person for the purpose of labor or sexual servitude Class B Felony: Not more than 20 years or less than 2 years; not more than $30,000.

 

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

Trespass from all school property

Termination of contractual agreements

Distributing a Private Image (13a-6-240) Knowingly posts, emails, texts, transmits or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted when the depicted person had a reasonable expectation of privacy against transmission of the private image.***photograph, digital image, video, film, or other recording of a person identifiable from the recording itself or the circumstances of its transmission and who is engaged in sadomasochistic abuse, sexual intercourse, sexual excitement, masturbation, breast or genital nudity or other sexual conduct. Edited or altered does not matter*** Class A misdemeanor: not more than 1 year in the county jail; not more than $6,000.

(subsequent adjudication or conviction is a class C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not more than $15,000 in fines.)

Termination of employment Suspension

1-3 Semesters

Mental Health Counseling

 

 

Trespass from all school property

Termination of contractual agreements

Sexual Extortion (13a-6-241) Knowingly causes another person to engage in sexual intercourse, deviate sexual intercourse, sexual contact, or in a sexual act or to produce any photograph, digital image, video, film, or other recording or any other person recognizable or not, engaged in any act of sadomasochistic abuse, sexual intercourse, deviate sexual intercourse, sexual excitement, masturbation, breast or genital nudity or other sexual conduct by transmitting any communication containing any threat to injure the body, property, or reputation of any person. Class B Felony: Not more than 20 years or less than 2 years; not more than $30,000 Termination of employment Suspension 1 to 3 semesters

 

 

Trespass from all school property

Termination of contractual agreements

Directing a child to engage in sexual intercourse (13a-6-243) Knowingly entices, allures, persuades, induces, or directs any person under the age of 12 to engage in sexual intercourse or deviate sexual intercourse with another person under the age of 12.

 

 

 

Knowingly entices, allures, persuades, induces, or directs any person under the age of 12 to engage in sexual contact with another person under the age of 12.

Class A Felony: life or not more than 99 years or less than 10 years; not more than $60,000

Class C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not more than $15,000.

Termination of employment Suspension 1 to 3 semesters Trespass from all school property

Termination of contractual agreements