The law 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.” The amendment in 1987 expanded the definition of program or activity to include all the operations of an educational institution, governmental entity or private employer that receives federal funds.
Although Title IX is primarily known for advancing equity in women’s sports, it provides federal civil rights that forbid sex discrimination in all college student services and academic programs, including but not limited to: admissions, financial aid, counseling and career guidance, athletics, other support services, courses, grading, discipline, employment and training for employment. Title IX protections apply to all members of the campus community, individuals using the college facilities and individuals doing business with the college.
Title IX protects all people regardless of their gender or gender identity from sex discrimination, including sexual harassment and sexual violence, such as rape, sexual assault, sexual battery and sexual coersion. Title IX requires institutions to take necessary steps to prevent sexual assault on their campuses and to respond promptly and effectively when an assault is reported.
To ensure an effective and timely response to complaints of sexual violence, discrimination or harassment, all educational institutions are required to designate a Title IX coordinator. The Los Medanos College Title IX Coordinator is Gail Newman, Senior Dean of Student Services. Contact information: firstname.lastname@example.org; (925) 473-7421.
Sexual discrimination, harassment, assault, misconduct or violence can take many forms, including any sexual conduct that lacks mutual consent. Harassment may take the form of stalking or the distribution, display or discussion of any written, graphic, visual or auditory material that is sexual in nature and has the purpose of effect of threatening, intimidating or interfering with a person’s ability to study or work. Any such behaviors of this nature should be reported immediately.
While it is understood that sexual discrimination, harassment, assault, misconduct or violence may be difficult to report, immediate reporting allows for the best possible means of supporting the victim and to investigate and address the claims.
Retaliation against anyone who reports or participates in the investigative process is prohibited and may be subject to sanctions, as determined by the college.
If you have been raped or sexually assaulted or if you are in danger, call 911 and/or the Los Medanos College Police immediately, at (925) 473-7333.
Complaints of sexual discrimination, misconduct or harassment should be filed with the college Title IX Coordinator, Gail Newman, LMC Student Services Center, Room SS4-407; email@example.com; (925) 473-7421.
Informal Complaint Procedure: Student-complainants have the option of following the informal procedure, working with the Senior Dean of Student Services. The Senior Dean will meet with the student-complainant, the respondent and other appropriate college personnel to attempt an informal resolution within 30 calendar days of receiving the complaint. A record of the complaint and resolution will be maintained.
Formal Complaint Procedure: Students also have the right to file a formal unlawful discrimination complaint. The Senior Dean will provide students with the District complaint form and forward the completed form to the District Vice Chancellor of Human Resources. Upon receipt of a formal complaint, the District will immediately notify the State Chancellor’s Office. Within 10 calendar days of receipt, the District will commence an investigation of the complaint and notify the complainant. The District has 90 calendar days in which to investigate the complaint and report the administrative findings to the complainant and the State Chancellor’s Office. The complainant may appeal the administrative determination to the District Governing Board within 15 calendar days of notice of such determination. The District Governing Board has 45 calendar days in which to act on the appeal.
Inquiries/Complaints on Basis of Disability: Inquiries regarding access, treatment, or employment on the basis of disability, should be directed to the Section 504 Coordinator, the Senior Dean of Student Services. The Senior Dean can be reached by calling (925) 473-7421 or TDD (925) 439-5709 or by email: firstname.lastname@example.org.
Sexual Misconduct Definitions
Any sexual assault or physical abuse, including but not limited to rape, domestic violence, dating violence, sexual assault or stalking, as defined by California law, whether committed by an employee, student or member of the public, occurring on District property or on an off-campus site or facility maintained or utilized by the District, is a violation of the District policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures.
The District will investigate all complaints alleging sexual assault under the procedures for sexual harassment investigations described regardless of whether a complaint is filed with local law enforcement.
Human Resources Procedure 1080.12
Sexual assault may be committed by friends, acquaintances, lovers, partners, family and strangers and affects people of all ages, genders, sexualities, races and abilities. Sexual violence is often used as a way to hurt, humiliate or gain control over someone else. The fact that someone has been intimate with a partner in the past does not mean they have consented to any or all future sexual activity with that partner.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other unwelcome visual, verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment is conduct that explicitly or implicitly affects a person’s employment or education or interferes with a person’s work or educational performance, creating an intimidating, hostile or offensive work or educational environment. This definition includes numerous forms of offensive behavior and may occur in hierarchical relationships, between peers, or is gender-based harassment of a person of the same or different sex as the accused individual.
Examples of this type of conduct may include but is not limited to the following:
Consent is an affirmative, conscious, and voluntary agreement by each participant to engage in mutually agreed upon sexual activity and it must be given without coercion, force, threats or intimidation. It must include positive cooperation in the act or expression of intent to engage in the act.
Consent cannot be given when a person is unconscious or asleep or when a person is incapacitated due to the influence of alcohol, drugs, or medication, to the extent that they cannot understand the fact, nature or extent of the sexual activity or if the person is unable to communicate due to a mental or physical condition.
Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion does not imply consent to engage in sexual activity on another occasion. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be withdrawn at any time. Once it is withdrawn, the sexual activity must stop.
Sexual assault occurs when physical sexual activity is engaged without the consent of the other person or when the other person is unable to consent to the activity. It may include physical force, intimidation, violence, sexual battery, or threat of sexual assault, despite the objections of the other person. It may also include taking advantage of the other person’s incapacitation through the use of alcohol or drugs.
Sexual violence is defined as physical sexual acts engaged in without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery, and sexual coercion; domestic violence; dating violence; and stalking.
Domestic violence is defined as abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and includes felony or misdemeanor crimes of violence. Domestic violence may be committed by:
Dating violence is defined as abuse committed by a person who is or has been in a social relationship or romantic or intimate relationship with the victim. Abusive behavior may include: verbal, emotional, physical or sexual abuse or a combination of these behaviors during the dating process, in either heterosexual or same sex relationships. The existence of a romantic or intimate relationship will be determined based on the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
Stalking is a behavior in which a person repeatedly engages in conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.
What is the Clery Act?
The Federal Jeanne Clery Act (Disclosure of Campus Security Policy and Campus Crime Statistics Act) was named for a former college student, Jeanne Clery, that was found raped and murdered in her college dorm in 1986. Her death led to national awareness of campus crime.
The Clery Act requires colleges and universities to report annual crime statistics, including sexual assault and rape which occur on or near college campuses and to develop and disseminate prevention policies.
What is VAWA and the Campus SaVE Act?
Another federal law (Title IV, section 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355) is VAWA, the Violence Against Women Act of 1994. The imposes automatic and mandatory restitution on those convicted of violent crimes against women and allows civil redress in cases prosecutors choose to leave unprosecuted. The Act established the Office on Violence Against Women within the Department of Justice.
In March, 2013, President Obama signed a bill that strengthened and reauthorized VAWA, the Violence Against Women Act. This included the Campus Sexual Violence Elimination Act (Campus SaVE), which amends the Jeanne Clery Act and clarifies that sexual violence includes domestic violence and stalking, which must be included in campus Clery reports and requires that institutional policies address and prevent sexual violence through training, education and certain discipline procedures.
Any sexual assault or physical abuse, in connection with any academic, educational, extracurricular, athletic, and/or other programs of the District, whether those programs take place on District property or at another location, or whether committed by an employee, student, or member of the public, is a violation of District policies and procedures. Sexual assault or physical abuse includes, but is not limited to, rape, domestic violence, sexual assault or stalking as defined by California law. Violations are subject to all applicable punishment, including criminal procedures and employee or student discipline procedures. Students, faculty and staff who may be victims of sexual and other assaults shall be treated with dignity and provided comprehensive assistance. Administrative procedures ensure that students, faculty, and staff who are victims of sexual and other assaults receive appropriate information and treatment. The procedures for sexual assaults shall meet the criteria contained in Education Code Section 67385, 67385.7 and 34 C.F.R. Section 668.46.
Education Code Section 67385
20 U.S.C. Sectioin 1092(f), 34 C.F.R. Section 668.46(b)(11)
Any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault, or stalking, as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property or on an off-campus site of facility maintained by the District, is a violation of District policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures. The District will investigate all complaints alleging sexual assault under the procedures for sexual harassment investigations described, regardless of whether a complaint is filed with local law enforcement.
Major Terms Defined
“Sexual assault” includes but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.
“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a romantic or intimate relationship will be determined based on the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
“Domestic violence” includes felony or misdemeanor crimes of violence committed by:
“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.
All alleged victims of domestic violence, dating violence, sexual assault or stalking on District property shall be provided with information regarding options and assistance available to them. Information shall be available from the College Police Services Department, which shall maintain the identity and other information about the alleged sexual assault victims as confidential unless and until the Police Services Department is authorized to release such information.
The District Police Services Department shall provide all alleged victims of domestic violence, dating violence, sexual assault, or stalking with the following, upon request:
a. A copy of the District’s policy and procedure regarding domestic violence, dating violence, sexual assault or stalking;
b. A list of the following personnel on campus who should be notified and procedures for such notification, if the alleged victim consents:
c. A description of available services, and the person on campus available to provide those services, if requested. Services and those responsible for providing or arranging them include:
d. A description of each of the following procedures:
All alleged victims of domestic violence, dating violence, sexual assault, or stalking on District property shall be kept informed, through the District Human Resources Office at 500 Court Street, Martinez, California 94553, of any ongoing investigation.
Information shall include the status of any student or employee disciplinary proceedings or appeal; alleged victims of domestic violence, dating violence, sexual assault or stalking are required to maintain any such information in confidence, unless the alleged assailant has waived rights to confidentiality.
The District shall maintain the identity of any alleged victim or witness of domestic violence, dating violence or sexual assault or stalking on District property, as defined above, in confidence unless the alleged victim or witness specifically waves that right to confidentiality.
All inquiries from reporters or other media representatives about alleged domestic violence, dating violence, sexual assaults or stalking on District property shall be referred to the District’s Public Information Office which shall work with the Chief of District Police Services to assure that all confidentiality rights are maintained.
Education Code 67385
20 U.S.C. Section 1092 (f); 34 C.F.R. Section 668.46(b)(11)