Sexual Misconduct Title IX

What is Title IX?

Title IX is a federal law (Title IX of the Educational Amendments Act of 1972, Title 20, U.S. Code, Chapter 38, Sections 1681 – 1686) prohibiting discrimination in educational institutions receiving federal financial assistance, in the college’s programs or activities, employment, academic, educational, extracurricular and athletic activities (both on and off campus) on the basis of sex.

LMC is committed to ending relationship or interpersonal violence and sexual misconduct on our campus and easing the burden placed on those who report these types of behaviors.

Your Safety is Our Concern

It's essential that we all work together to foster a respectful, harassment-free campus culture. This training is designed to equip you with essential skills to identify and prevent sexual violence, harassment, and discrimination. California Assembly Bill 2683 Sexual Violence and Harassment Training and Resources was signed into law by the Governor on September 29, 2022 to require students to complete this annual training effective Academic Year 2024-25.
 

4CD Title IX Training

  • Title IX Information

    Title IX

    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 coercion.  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. 

  •  Clery Act, VAWA and SaVE Act

    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

  • Sexual Misconduct Definitions

    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
    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:

    • Unwanted sexual advances
    • Offering employment or educational benefits in exchange for sexual favors
    • Making or threatening reprisal after a negative response to sexual advances
    • Visual conduct (i.e. leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, or posters)
    • Verbal sexual advances or propositions
    • Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations
    • Physical conduct (i.e. touching, assault, impeding or blocking movements)

    Consent
    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
    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
    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
    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:

    • A current or former spouse of the victim
    • By a person with whom the victim shares a child in common
    • By a person who is cohabitating with or has cohabitated with the victim as a spouse
    • By a person similarly situated to a spouse of the victim under California law; or
    • By any other person against an adult or youth victim who is protected from that person’s acts under California law

    Dating Violence
    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.


    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 who is cohabitating with or has cohabitated with the victim as a spouse;
    • By a person similarly situated to a spouse of the victim under California Law; or
    • By another person against an adult or youth victim who is protected from that person’s acts under California law.

    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:

    • President of the College
    • Vice President of the College
    • Dean of Student Services

    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:

    • Transportation to a hospital, if necessary (District Police Services)
    • Counseling by Rape Crisis Center or referral to a counseling center (District Police Services)
    • Notice to police, if desired (Any district employee, student or visitor)
    • A list of other available campus resources or appropriate off-campus resources (Vice Presidents Office, Office of the Senior Dean of Student Services, District Police Services)

    d. A description of each of the following procedures:

    • Criminal prosecution (District Police Services or District Attorney’s Office)
    • Civil prosecution (i.e. lawsuit) ( Civil Courts, private attorneys)
    • District disciplinary procedures, both student and employee (Dean of Student Services, Chief Human Resources Officer)
    • Modification of class schedule (Dean of Student Services, Director of Admissions & Records)
    • Tutoring, if necessary (Dean of Student Services)

    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 6738520 U.S.C.

    Section 1092 (f); 34 C.F.R. Section 668.46(b)(11)

  • 4CD Policies and Guidelines

    4CD Policies and Guidelines

    The provided links are available to access individual policies/procedures:

  • Reporting Title IX Complaints

    Reporting Title IX Complaints

    Who - Students, faculty and staff who may be victims of sexual and other assaults shall be treated with dignity and provided comprehensive assistance.  Retaliation against anyone who reports or participates in the investigative process is prohibited and may be subject to sanctions, as determined by the college.

    What - 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.

    When - 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.

    Why - 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 coercion.  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. 

    How - 

    • Informal Complaint Procedure: Student-complainants have the option of following the informal procedure, working with the Vice President of Student Services.  The Vice President 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 Vice President 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.
    • Criminal Charges Complaint Procedure: Students who believe their Title IX concerns are criminal in nature should contact the Pittsburg Police Department (Emergency 9-1-1; Non-Emergency Dispatch 925-646-2441) to file a report or visit the Pittsburg Police Department at 65 Civic Avenue, Pittsburg, CA 94565.
  • Campus and Community Resources
  • Myths and Facts about Sexual Misconduct/Sexual Assault

    Common Myths and Facts about the Causes of Sexual Misconduct/Sexual Assault
    1) Myth: Individuals provoke Sexual Misconduct/Sexual Assault by the way they dress or when they act in a promiscuous manner.
    Fact: Sexual Misconduct/Sexual Assault is never the fault of the victim. Sexual Misconduct/Sexual Assault is an act of violence and control that stems from a person’s determination to exercise power over another. Neither the way a person dresses nor their previous sexual behavior with anyone are invitations for sexual activity. Engaging in sexual activity with another person without that person’s Affirmative Consent is Sexual Assault, regardless of the way that person dresses or acts.

    2) Myth: If a person goes to a bar or back to someone’s room or house, they assume the risk of Sexual Misconduct/Sexual Assault. If something happens later, they can’t claim that they were raped or sexually assaulted because they should have known not to go to those places.
    Fact: This idea of an “assumption of risk” wrongfully places the responsibility of the offender’s action with the victim. Engaging in sexual activity with another person without that person’s Affirmative Consent is Sexual Misconduct/Sexual Assault, regardless of where it happens. Even if a person went voluntarily to someone’s home or room and consented to engage in some sexual activity, this does not serve as Affirmative Consent for all sexual activity. CSU policy defines Sexual Misconduct to include any sexual activity without Affirmative Consent. Affirmative Consent means informed, affirmative, voluntary, and mutual agreement to engage in sexual activity. Each person involved is responsible to ensure that they have the Affirmative Consent of the other participant(s). When in doubt if the person is comfortable with sexual activity, or a different form of sexual activity, stop and ask.

    3) Myth: It is not Sexual Misconduct/Sexual Assault if it happens after drinking or taking drugs.
    Fact: Being under the influence of alcohol or drugs is not an invitation for sexual activity. A person under the influence does not cause others to assault them; others choose to take advantage of the situation and sexually assault them because they are in a vulnerable position. A person who is incapacitated due to the influence of alcohol or drugs is not able to consent to sexual activity.

    4) Myth: Most Sexual Misconduct/Sexual Assaults are committed by strangers. It’s not rape if the people involved know each other.
    Fact: Most Sexual Assaults are committed by someone the victim knows. A Department of Justice study found that eight out of ten rapes are committed by someone known to the victim. Most often, an intimate partner or former intimate partner, classmate, friend, acquaintance, or co-worker sexually victimized the person.

    5) Myth: Rape can be avoided if women avoid dark alleys or other “dangerous” places where strangers might be hiding or lurking.
    Fact: Sexual Misconduct/Sexual Assault can occur at any time, in many places, to anyone. As noted in Myth 4 above, most Sexual Assaults are committed not by strangers, but by someone known to the victim. The majority of Sexual Assaults occur at or near the victim's home.

    6) Myth: A person who has really experienced Sexual Misconduct/Sexual Assault will be hysterical.
    Fact: A person who has experienced Sexual Misconduct/Sexual Assault may exhibit a spectrum of responses to the assault which can include: calm, hysteria, withdrawal, anxiety, anger, apathy, denial, and shock. Being sexually assaulted is a very traumatic experience. Reaction to the assault and the length of time needed to process through the experience vary with each person. There is no “right way” to react to being sexually assaulted. Assumptions about the way a person “should act” may be detrimental because each person copes in different ways.

    7) Myth: A person who has experienced Sexual Misconduct/Sexual Assault will report the crime immediately to the police. If they do not report it or delay in reporting it, then they must have changed their minds after it happened, wanted revenge, or didn’t want to look like they were sexually active.
    Fact: There are many reasons why a person may not report the assault to the police or campus officials. It is not easy to talk about being sexually assaulted and can feel very shameful. The experience of retelling what happened may cause the person to relive the trauma. Another reason for delaying a report or not making a report is the fear of retaliation by the offender. There is also the fear of being blamed, not being believed, and being required to go through judicial proceedings. Just because a person does not report the incident does not mean it did not happen.

    8) Myth: Only heterosexual women are assaulted.
    Fact: Sexual violence affects people of every gender identity and sexual orientation. While women and girls experience sexual violence at high rates, men and boys also experience sexual assault. Transgender and nonbinary individuals experience high rates of sexual violence. It is important to remember that Sexual Misconduct/Sexual Assault can occur in heterosexual and same-gender relationships. Assumptions about the “typical” victim might lead others not to report the assault because they do not fit the stereotypical victim profile.

    9) Myth: It’s only Sexual Misconduct/Sexual Assault if the victim puts up a fight and resists.
    Fact: There are a number of reasons why a person who is sexually assaulted may not resist. They may experience an involuntary response to what is happening that physically prevents them from resisting or moving (sometimes called “tonic immobility”). A person may also fear that if they resist, they will anger their attacker, resulting in more severe injury. Many assault experts say that victims should trust their instincts and intuition and do what they believe will most likely keep them alive. Not fighting or resisting an attack does not equal consent.

    10) Myth: Someone can only be sexually assaulted if a weapon was involved.
    Fact: In many cases of Sexual Misconduct/Sexual Assault, a weapon is not involved. The offender often uses physical strength, physical violence, intimidation, threats, or a combination of these tactics to overpower the victim. Although the presence of a weapon while committing the assault may result in a higher penalty or criminal charge, the absence of a weapon does not mean that the offender cannot be held responsible, criminally or otherwise, for a Sexual Assault.

    *Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, National Crime Victimization Survey, 2010-2016 (2017).
    *Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Female Victims of Sexual Violence, 1994-2010 (2013).
  • Contact Title IX/504 Coordinator  

    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, Dr. Tanisha M.J. Maxwell, LMC Student Services Center (Pittsburg Campus), Room SS4-407; tmaxwell@losmedanos.edu; (925) 473-7421.

    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 Vice President of Student Services.  The Vice President can be reached by calling (925) 473-7421 or TDD (925) 439-5709 or by email:  tmaxwell@losmedanos.edu.