Frequently Asked Questions
The following are frequently asked questions in regard to Title IX and related policies:
- What conduct is prohibited by Title IX?
- What are a Colleges' and District's obligations when they have notice of a Title IX related incident?
- What does a Title IX Coordinator do?
- Who are the Title IX Coordinators?
- What are the reporting obligations of District employees when they have notice and/or receive a report of a Title IX related incident?
- What if the Impacted Party requests confidentiality?
- Who can a student contact if he or she wants to discuss a Title IX related concern in a confidential manner?
- What safety measures and accommodations are available to a student when he or she reports a Title IX related incident?
- Who can a student contact to ask that one or more of these safety measures and/or accommodations are put in place?
- What is the purpose of a Title IX Investigation?
- Where can I learn more about the Title IX Policy and Procedures?
- Who can a student contact if he or she has been accused of Title IX prohibited conduct?
Title IX prohibits discrimination on the basis of gender (sex). Title IX prohibited conduct includes sexual harassment, sexual assault, sexual misconduct, relationship (dating or domestic) violence and stalking.
If a College or the District knows or in the exercise of reasonable care should know about student-on-student sexual harassment including sexual violence that creates a hostile environment, Title IX requires the District to take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to confidentiality considerations). If an investigation reveals that sexual harassment including sexual violence created a hostile environment, the District must then take prompt and effective steps reasonably calculated to end the sexual harassment or sexual violence, prevent its recurrence and, as appropriate, remedy its effects on the victim and District community.
Pursuant to Title IX of the Education Amendments of 1972 and the U.S. Department of Education’s implementing regulations at 34 C.F.R. Part 106, each College’s Title IX Coordinator has primary responsibility for coordinating the College’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in all the operations of the College, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX. Sexual misconduct against students, including sexual harassment, sexual assault, rape, and sexual exploitation, can be a form of sex discrimination under Title IX. A Title IX coordinator oversees each College’s response to reports and complaints that involve possible sex discrimination to monitor outcomes, identify and address any patterns, and assess effects on the campus climate, so the College can address issues that affect the wider school community..
Each College has a Title IX Coordinator.
All District employees must report all Title IX related concerns to a Title IX Coordinator, the Office of Human Resources or the Department of Public Safety. A Title IX Coordinator will meet with the Impacted Party to assist with immediate safety measures and other necessary and appropriate interim measures.
If an Impacted Party requests to remain confidential, the District will give serious consideration to that request. Only in rare circumstances will the District proceed to a Title IX investigation against the wishes of the Impacted Party. Generally, the District will seek to honor the request of the Impacted Party not to proceed to a Title IX investigation and to remain confidential and will not proceed to a formal Title IX investigation without the consent of the Impacted Party. The Title IX Coordinator will consider a number of factors in deciding whether the request can be honored, including the age of the Impacted Party, whether there is evidence of a pattern of misconduct, the severity of the misconduct, and whether there is a safety risk to the Impacted Party or the District community. Should the District, in weighing such factors, determine it must proceed, the District will explain its rationale to the Impacted Party and make sure that the Impacted Party is offered a support person throughout the process. The Impacted Party will not be required to participate in the process as a prerequisite to the District proceeding with an investigation.
Confidential consultations about sexual harassment, sexual assault, sexual misconduct, relationship (dating and domestic) violence and stalking are available from persons who, by law, have special professional status (District mental health professionals). A student may contact the following offices for confidential advice and help:
List of Key Personnel
Upon a report of a Title IX concern, the District will work with the Impacted Party to put interim measures in place to ensure a safe, hostile free environment for the student. Following an investigation and a determination that conduct prohibited by Title IX occurred, more permanent accommodations and safety measures may be implemented. Accommodations and safety measures (including interim measures) could include:
- Counseling services
- Academic accommodations
- Escort services
- No contact or stayaway letters
- Limitation on extracurricular or athletic activities
- Removal from District community
- Other appropriate actions as necessary
An SMCCCD student may contact a Title IX Coordinator to ask for assistance with these safety measures and/or accommodations.
The purpose of a Title IX Investigation pursuant to the District’s Title IX Policy and Procedures is to determine:
- Whether or not misconduct in violation of Title IX has occurred;
- Whether there is an ongoing risk of harm from further misconduct and, if so, what steps are necessary to prevent its recurrence;
- Whether accommodations for the Impacted Party need to be put in place to redress the effects of the misconduct;
- Whether accommodations or safety measures should be put in place to ensure the safety of the District community;
- Whether the conduct warrants review for discipline if such review has not been initiated; and
- Whether any changes to policies, practices or training should be considered and implemented.
A student who has been accused of Title IX prohibited conduct can contact a Title IX coordinator.