3070 Discrimination and Harassment

Initial Date of Approval: 7/20/11

Revision Date(s):  12/29/14; 5/11/15; 8/11/20; 3/18/22; 7/29/24 (temp)
Administrative Responsibility: Vice President of Human Resources/EEO

PURPOSE

To ensure a working and learning environment free from discrimination based on membership in a protected class. 

REFERENCES

• Title IX of the Education Amendments of 1972 
• Violence Against Women Reauthorization Act (VAWA) 
• Americans with Disabilities Act and ADA Amendment Act (ADA and ADAA) 
• Section 504 of the Rehabilitation Act of 1973 
• Title VI and VII of the Civil Rights Act of 1964 
• Age Discrimination in Employment Act of 1967 (ADEA) 
• RCW 49.60 Washington Law Against Discrimination (WLAD),  
• Washington State and SVC Collective Bargaining Agreements 
• RCW 28B.110 Gender Equality in Higher Education 
• RCW 9A.44.093 Sexual misconduct with a minor in the first degree. 
• 34 CFR §668.46 Institutional security policies and crime statistics. 
• WAC 132D-150-310. Summary suspension   

POLICY

It is the policy of Skagit Valley College to provide a working and learning environment free from discrimination, harassment, or retaliation against individuals based on their membership in a protected class, and to investigate and resolve reported violations in an equitable and timely fashion.  

This policy applies to any discriminatory, harassing, or retaliatory conduct as part of any educational or program activities that occurs: 

• Anywhere on the college’s campuses (including vehicles); 
• At any college-sponsored event or activity, whether on- or off-campus (such as social functions, athletic events, celebrations, or conferences); 
• Off-campus, when such conduct adversely affects a member or members of the college community or the pursuit of the college’s objectives; or 
• Through the college’s computer, telephone, or other electronic communication systems. 

For Title IX sex discrimination complaints, refer to Policy 3075 Title IX Investigation and Disciplinary Action. 

Protected Classes 

This policy prohibits discrimination and harassment based on an individual’s membership in the following classes that are subject to protection under federal, state, or local law: 

• Presence of any sensory, mental, or physical disability 
• Use of a trained dog guide or service animal 
• HIV/AIDS and hepatitis C status 
• Race/color 
• National origin 
• Creed/religion 
• Sex  
• Pregnancy or pregnancy related conditions (including pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions) 
• Marital status 
• Age 
• Sexual orientation, including gender identity or expression 
• Genetic information 
• Honorably discharged veteran or military status 
• Parties impacted by sexual misconduct 
• Membership in any other group protected by federal, state, or local law 

Retaliation against any individual who reports, files a claim, or participates in an investigation or disciplinary proceeding involving alleged violations of this policy is also prohibited. 

Any individual found to be in violation of this policy will be subject to disciplinary action up to and including dismissal from the college or from employment.  

Reporting 

This policy and related procedures address occurrences of discrimination and harassment based on membership or perceived membership in a protected class as well as gender-based discrimination that falls outside the jurisdiction of Title IX. Occurrences of sex discrimination or sex-based harassment falling within the jurisdiction of Title IX as defined in 34 C.F.R. §106.30 are addressed under Policy 3075 Title IX Sex Discrimination Investigation and Disciplinary Action. 

Any employee, student, applicant, or visitor who believes that they have been the subject of discrimination, harassment, bullying, or retaliation should report the incident or incidents to the college’s Title IX/EEO Office identified below. 

All district employees (faculty, staff, student employees and administrators) are designated as “responsible employees” and must report actual or suspected discrimination or harassment immediately, subject to limited exceptions for employees who are statutorily barred from reporting. All details of the reports they receive must be shared promptly. If the complaint is against that coordinator, the impacted party should report the matter to the president’s office for referral to an alternate designee. 

PROCEDURES

Filing a Complaint

Any employee, student, applicant, or visitor who believes that they have been the subject of discrimination or harassment based on membership of protected class in violation of college policies, should report the incident or incidents to the college’s Title IX/EEO Coordinator identified below or submit a Discrimination Incident Report online form. The complaint can be in writing or oral. If the complaint is against the Title IX Coordinator/EEO, the complainant should report the matter to the President’s Office for referral to an alternate designee.  Sex discrimination complaints reported to an employee’s supervisor or Human Resources will be referred to the Title IX Coordinator. 

Sandy Jordan
Title IX Coordinator
2405 East College Way
Mount Vernon, WA 98273
Phone: 360.416.7923
Email: sandy.jordan@skagit.edu 

Carolyn Tucker
Vice President of Human Resources and Title IX/EEO Office
Administrative Annex
2405 East College Way, Mount Vernon, WA 98273
Phone: 360.416.7679
Email: carolyn.tucker@skagit.edu 

Any person submitting a discrimination complaint shall be provided with a written copy of the college’s anti-discrimination policies and procedures. The college encourages the timely reporting of any incidents of discrimination or harassment. 

If at any time during the process described under this policy and procedures the complaint is determined to meet the definition of sexual harassment as defined in 34 C.F.R §106.30 the complaint will be evaluated pursuant to the college’s Policy 3075 Title IX Sex Discrimination Investigation and Disciplinary Action.  

If the complaint is against the coordinator or designee, or relative of the coordinator or designee attending or working for the college, the complainant should report the matter to the President’s Office or designee. 

False and Malicious Accusations. Members of the college community who make false and malicious complaints of harassment, sexual harassment or discrimination may be subject to disciplinary action. 

Confidentiality 

• The college will seek to protect the privacy of the complainant to the fullest extent possible, consistent with its legal obligation to investigate, offer appropriate supportive measures and/or take disciplinary action, and comply with federal and state law and college policies and procedures. Although the college will attempt to honor complainant requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX/EEO Coordinator. 
• The Title IX/EEO Coordinator will inform the complainant about the college’s discrimination investigation and disciplinary processes and attempt to obtain consent from the complainant before commencing an investigation of alleged harassment. If a complainant asks that their name not be revealed to the respondent or that the college not investigate the allegation, the Title IX/EEO Coordinator will inform the complainant that maintaining confidentiality may limit the college's ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that their name not be disclosed or that the college not investigate, the Title IX/EEO Coordinator will determine whether the college can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of the college community, including the complainant. 
• If the college is unable to honor a complainant’s request for confidentiality, the Title IX/EEO Coordinator will notify the complainant of the decision and disclose the complainant’s identity only to the extent reasonably necessary to effectively conduct and complete the investigation in compliance with these investigation procedures. 
• If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX/EEO Coordinator will evaluate whether other measures are available to address the circumstances giving rise to the complaint, prevent their recurrence, and implement such measures if reasonably feasible. 

Clery Act--Federal Statistical Reporting Obligations
Certain campus officials have a duty to report criminal misconduct, including sexual misconduct, for federal statistical reporting purposes (Clery Act). All personal identifiable information is kept confidential; however, statistical information must be passed along to Campus Security regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the complainant and may be done anonymously.  

Clery Act—Federal Timely Warning Reporting Obligations
Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph. 

For more information on Clery Act reporting requirements please contact the director of security.   

Non-Title IX Investigation Procedures Under Policy 3070
Upon receiving a discrimination complaint, the college shall commence an impartial investigation. The Title IX/EEO Coordinator shall be responsible for overseeing all investigations and will assess the complaint and determine the appropriate steps necessary to ensure all relevant evidence is obtained and all critical elements are pursued. Investigations may be conducted by the Title IX/EEO Coordinator or their designee. If the investigation is assigned to someone other than the Title IX/EEO Coordinator, the Title IX/EEO Coordinator shall inform the complainant and respondent(s) of the appointment of an investigator. 

Interim Measures. The Title IX/EEO Coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the college’s student conduct code or the college’s employment policies and collective bargaining agreements. 

Investigation. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant, the respondent, and relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the investigation's end, the investigator shall set forth their findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX/EEO Coordinator. The Title IX/EEO Coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with SVC Policy 5700 Code of Student Conduct or college employment policies and collective bargaining agreements. 

Responding to Written Notice of Allegations. Once notice has been sent to alleged parties involved, parties have five (5) business days to respond and make an appointment with Title IX/EEO Coordinator or designee. 

Written Notice of Decision. The Title IX/EEO Coordinator will simultaneously provide each party and the appropriate student services administrator or appointing authority with written notice of investigative findings, and of actions taken or recommended to resolve the complaint, subject to the following limitations.  

Complainant Notice. The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action. 

Respondent Notice. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action. 
Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA (Family Educational Rights and Privacy Act) confidentiality requirements.  

Informal Dispute Resolution. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence. 

Final Decision/Appeals. Either the complainant or the respondent may seek review of the decision by the Title IX / EEO Coordinator. Appeals shall be submitted in writing to the Associate Vice President for Human Resources for employee complaints or the VP of Student Services for student complaints within ten (10) calendar days of receiving the decision. The administrator will designate an individual to handle the appeal.
Appeals are limited to the following grounds: 

• A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures). 
• To consider new evidence, unknown or unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of the new evidence and its potential impact must be included in the submitted appeal request. 
• The sanctions imposed fall outside the range of sanctions generally designated for this offense, 

If no appeal is received within ten (10) calendar days, the decision becomes final. If an appeal is received, the individual handling the appeal shall respond within 21 calendar days. Both parties will be informed if an appeal has been filed. The request shall either be denied or, if found to have merit, an amended decision can be issued. Any amended decision is final, and no further appeal is available.  

Publication of Anti-Discrimination Policies and Procedures
The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president's designee. Any person who believes they have been subjected to discrimination in violation of college policy will be provided a copy of these policies and procedures. 

Limits to Authority
Nothing in this procedure shall prevent the college president or designee from taking immediate disciplinary action in accordance with Skagit Valley College policies and procedures, collective bargaining agreement(s), and federal, state, and municipal rules and regulations. 

Nothing in this policy or procedure limits the college from considering applicable policies of the college when investigating complaints, including but not limited to, the college’s Code of Ethics policy, Nepotism policy, General Computing Procedures, or any other policy or procedure. For complaints involving students, nothing in this policy or procedure limits the college from evaluating the conduct of any student under the Student Code of Conduct.  

Non-Retaliation, Intimidation and Coercion
Retaliation by, for or against any known or suspected participant (including complainant, respondent, witness, Title IX/EEO Coordinator or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation dealing with harassment/discrimination is prohibited and is conduct subject to discipline. Any person who thinks they have been the victim of retaliation should contact the Title IX/EEO Coordinator immediately. 

Records
A copy of the final complaint and investigation report including supplemental materials shall be maintained as confidential files located in the Title IX/EEO Office. 

Criminal Complaints
Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities: 

• Mount Vernon Police Department 
• Oak Harbor Police Department 
• Friday Harbor Police Department 
• Skagit County Sheriff’s Office 
• Island County Sheriff’s Office 
• San Juan County Sheriff’s Office  

The college will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution. 

Other Discrimination Complaint Options
The internal procedures described herein are internal college procedures and, as such, serve to resolve complaints within the college’s administrative framework. These procedures do not replace an individual’s timely complaint with an external agency.
Discrimination complaints may also be filed with the following federal and state agencies: 

• Washington State Human Rights Commission 
• US Dept of Education Office for Civil Rights,
• Equal Employment Opportunity Commission 

DEFINITIONS

The following definitions are specific to the terms of this procedure and do not modify or revise similar terms as used in related procedures or collective bargaining agreements.  

Advocate: Individuals who assist members of the SVC community with concerns about their rights and the policies and procedures of Skagit Valley College. Advocates will: 

• Provide information on college policies and Title IX obligations; 
• Provide resources about counseling and medical resources both on campus and in the community; 
• Upon request, assist complainant with filing a complaint; 
• Upon request, assist respondent with reviewing college policies and procedures; 
• Act as a neutral/impartial resource for student/staff; 
• Upon request, serve as advocate during investigation. 

Bullying: Workplace and/or classroom bullying is defined as persistent, unwelcome, severe, and pervasive mistreatment that harms, intimidates, offends, degrades or humiliates an employee or student, whether verbal, physical or otherwise, including “cyber” bullying, in the course of employment or pursuit of education. Any employee found in violation of this policy will be disciplined up to and including immediate termination. Any student found in violation of the Code of Student Conduct, as it relates to this policy, will be disciplined. Examples of bullying behavior include, but are not limited to: 

• Being held to a different standard than the rest of an employee’s work group; 
• Consistent ignoring or interrupting of an employee in front of co-workers; 
• Personal attacks (angry outbursts, excessive profanity, or name-calling); 
• Encouragement of others to turn against, marginalize, or ostracize the targeted employee; 
• Use of email, internet, or other “cyber” venues to denigrate the targeted employee. 

Business Day: A week-day, excluding weekends and college holidays. 

Calendar Day: Days on the calendar including weekends and holidays. “Day” refers to calendar days unless otherwise specified. 

Campus: (1) Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purpose, including residence halls; and (2) Any building or property that is within or reasonably contiguous to the area identified in paragraph of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendor).  

Complainant:  refers to the following individuals who have been subjected to alleged conduct that would constitute discrimination: 

• A student or employee; or 
• A person other than a student or employee who was participating or attempting to participate in the college’s educational program or activity at the time of the alleged discrimination. 

Complaint: a written or oral request that can be objectively understood as a request for the college to investigate and make a determination about alleged discrimination. 

Conflict of Interest: If an advocate, designee or investigating authority has an actual or perceived conflict of interest, that individual may excuse themselves from the process. Once excused, that member will not have access to records/evidence pertaining to the case. 

Consent: knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. 

A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engaged in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual sexual conduct. 

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct. 

Discrimination: Unfavorable treatment of a person based on that person’s membership or perceived membership in a protected class. Harassment is a form of discrimination. 

Harassment: a form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college’s educational, social programs and/or student housing. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment. 

Examples of conduct that could rise to the level of discriminatory harassment include but are not limited to the following: 

• Epithets, slurs, "jokes," mockery or other offensive or derogatory conduct focused upon an individual’s membership in a protected category; 
• Verbal or physical threats of violence directed toward an individual based upon their membership in a protected class; 
• Making, posting, displaying, e-mailing, or otherwise circulating demeaning or offensive pictures, cartoons, graffiti, notes or other materials that relate to race, ethnic origin, gender or any other protected class. 

Hate Crime: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purpose of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. 

Hazing:  Any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending a public institution of higher education in this state, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions. Examples of hazing include, but are not limited to: (1) causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm; (2) humiliation by ritual act; (3) striking another person with an object or body part; (4) causing someone to experience excessive fatigue, or physical and/or psychological shock; or, (5) causing someone to engage in degrading or humiliating games or activities that create a risk of serious psychological, emotional, and/or physical harm. 

Hostile Environment: any situation in which there is harassing conduct that is based on protected class status and is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a complainant to participate in or benefit from the college’s educational or social programs.  

The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include: 

• The frequency of the conduct; 
• The nature and severity of the conduct; 
• Whether the conduct was physically threatening; 
• Whether the conduct was directed at more than one person; 
• Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness; 
• Whether the speech or conduct deserves the protections of academic freedom or the 1st Amendment. 

Investigation: The Title IX/EEO Office may appoint a designee to investigate the complaint. The Title IX/EEO Office shall inform the complainant and respondent of the appointment. The college representative shall conduct an investigation based upon the submitted complaint from the complainant or prepared by the Title IX/EEO Office. 

Investigation Procedure: the process the college uses to initiate, informally resolve, and/or investigate allegations that an individual has violated college policies prohibiting discrimination or harassment.  

Protected Class: persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status or use of a trained guide dog or service animal. 

Reporter: employee(s), student(s), applicants or visitor(s) of Skagit Valley College who are aware of discriminatory practices or sexual discrimination.  

Responsible Employee: an employee who: 

• Has the authority to take action to redress harassment or discriminatory misconduct; 
• Has been given the duty of reporting incidents of harassment or discriminatory misconduct by students; or 
• A student could reasonably believe has this authority or duty. 

Resolution: the means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, mediation (when appropriate), or the formal imposition of discipline sanction.  

Retaliation:  Behavior or adverse action, including but not limited to intimidation, threats, coercion, or discrimination against any person by the college, a student, or an employee or other person authorized by the college to provide aid, benefit, or service under the college’s educational program or activity, for the purpose of interfering with any right or privilege secured by college policies and procedures prohibiting discrimination, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an informal resolution process, in these investigation procedures, and any disciplinary proceeding for discrimination. Nothing in this definition precludes the college from requiring an employee or other person authorized by the recipient to provide aid, benefit, or service under the college’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing. 

Respondent: an individual who has been alleged to have violated the college’s policy prohibiting discrimination.  

Sex Discrimination, which includes sex-based harassment, occurs when a respondent causes more than de minimis harm to an individual by treating them differently from an otherwise similarly-situated individual based on:  

• sex stereotypes;  
• sex characteristics;  
• pregnancy or related conditions;  
• sexual orientation; and  
• gender identity—conduct that prevents a person from participating in an educational program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex. 

Sex-based Harassment. a type of sex discrimination that occurs when a respondent engages in the following discriminatory conduct on the basis of sex: 

• Quid pro quo harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the college’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.  
• Hostile environment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following: 
  
  • The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity; 
  • The type, frequency, and duration of the conduct; 
  • The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; 
  • The location of the conduct and the context in which the conduct occurred; and 
  • Other sex-based harassment in the recipient’s education program or activity.  
• Sexual violence. Sexual violence includes the following conduct: 
  
  • Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
  • Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
  • Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).
  • Statutory rape. Consensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16).
  • Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed 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 the domestic or family violence laws of the State of Washington, 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 State of Washington, RCW 26.50.010.
  • Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors: 
    
    • The length of the relationship;  
    • The type of relationship; and 
    • The frequency of interaction between the persons involved in the relationship. 

Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress. 

Summary suspension: an emergency suspension of a student respondent pending investigation and resolution of disciplinary proceedings pursuant to the procedure and standards set forth in WAC 132D-150-310. 

Supportive measures: reasonably available, individualized and appropriate, non-punitive and non-disciplinary measures offered by the college to the complainant or respondent without unreasonably burdening either party, and without fee or charge for purposes of: 

• Restoring or preserving that party’s access to the college’s educational program or activity, including measures that are designed to protect the safety of the parties or the college’s educational environment; or 
• Providing support during the college’s investigation and disciplinary procedures, or during any informal resolution process. 
• Supportive measures may include, but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of campus; restriction on contact applied to one or more parties; leave of absence; change in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment. 

Title IX Administrators: Title IX Coordinator and designees; investigators; student conduct officers; employee disciplinary officers; and, decision makers, at both the hearing and appeal level responsible for administering Skagit Valley College’s sex discrimination investigation and disciplinary procedures; facilitators of the informal sex discrimination resolution process; and any other employees who are responsible for implementing Skagit Valley College’s sex discrimination investigation or sex discrimination disciplinary procedures for students or employees or have the authority to modify or terminate supportive measures. 

Title IX Coordinator is responsible for processing Title IX complaints and conducting or overseeing formal investigations and informal resolution processes under this policy.