Policies and Procedures

3075 Title IX Sex Discrimination Investigation and Disciplinary Action

Initial Date of Approval: 7/29/24 (temp)

Revision Date(s): 12/17/24, 1/7/26
Administrative Responsibility: Vice President of Human Resources/EEO

On January 9, 2025, a federal district court issued a decision vacating the 2024 Final Rule. Consistent with the court's order, the U.S. Department of Education has confirmed on their website that the 2024 Title IX regulations are no longer in effect in any jurisdiction. As per the U.S. Department of Education's Title IX Enforcement Directive, released February 4, 2025, SVC is working to update relevant items consistent with the 2020 Title IX Rule. If anyone has questions about the applicability of any provision of the code with respect to Title IX, please contact Sandy Jordan at sandy.jordan@skagit.edu.

PURPOSE

To prevent discrimination and sexual harassment and to respond promptly and fairly to allegations sexual harassment at Skagit Valley College.

REFERENCES


POLICY

Skagit Valley College recognizes its responsibility to investigate, resolve, implement corrective measures, and monitor the educational and workplace to stop, remediate, and prevent discrimination on the basis of sex as required by Title IX of the Educational Amendments of 1972. Title VII of the Civil Rights Acts of 1964, the Violence Against Women Reauthorization Act, and Washington State’s Law Against Discrimination, and their implementing regulations. To this end, Skagit Valley College has enacted policy 3075. Title IX Investigation and Disciplinary Action and adopted the following Title IX Investigation Procedure for receiving and investigating allegations of sexual harassment arising during education programs and activities. Any individual found responsible for violating Skagit Valley College’s Title IX policy is subject to disciplinary action up to and including dismissal from the College educational programs and activities and/or termination of employment.

Application of this Title IX Investigation Procedure is restricted to allegations of “Sexual Harassment,” as that term is defined in 34 C.F.R. §106.30. Nothing in this procedure limits or otherwise restricts the College’s ability to investigate and pursue discipline based on alleged violations of other federal, state, and local laws, their implementing regulations, and other college policies prohibiting discrimination on the basis of sex through processes set forth in the College’s code of student conduct, employment contracts, employee handbooks, and collective bargaining agreements.

The college has adopted investigative and disciplinary procedures to address Title IX sexual harassment complaints. For other forms of discrimination or sex discrimination outside the scope of Title IX, refer to Policy 3070 Discrimination and Harassment. For student violations not covered in this policy, refer to SVC Policy 5700 Code of Student Conduct. 


PROCEDURES

Principles of for Title IX Investigation Procedure

The college shall provide an adequate, reliable, and impartial investigation of complaints of sexual harassment by the following principles: 

  1. Respondent shall be presumed not responsible for the alleged conduct unless or until a determination of responsibility is reached after completion of the investigation and disciplinary processes.
  2. Before imposing discipline, the College is responsible for gathering and presenting evidence to a neutral and unbiased decision maker establishing responsibility for a Title IX violation by a preponderance of the evidence.
  3. The college shall treat both the Complainant and Respondent equitably by providing Complainant with the remedies against Respondent who has been found responsible for Sexual Harassment through application of the institution’s Title IX investigation and applicable Title IX disciplinary procedures and by providing Respondent with procedural safeguards contained in these procedures and in applicable Title IX disciplinary procedures.
  4. The investigator shall base investigation results on all relevant evidence, including both exculpatory and inculpatory evidence.
  5. Formal and informal resolutions will be pursued within reasonably prompt timeframes with allowances for temporary delays and extensions for good cause shown). Good cause supporting a request for an extension includes, but is not limited to: a party, a party’s advisor, or a witness being unavailable, concurrent law enforcement activity, and the need for language assistance or accommodation of disabilities. Both parties will receive written notice of any temporary delay or extension for good cause with an explanation of why the action was necessary.
  6. A student found responsible for engaging in Sexual Harassment may receive discipline up to and including dismissal from the College. A description of other possible disciplinary sanctions and conditions that may be imposed against students can be found in WAC 132D-150-070.
  7. In proceedings against a student, the parties may appeal the Student Conduct Committee’s ruling in accordance with the Student Conduct Code. In proceedings against an employee, the parties may appeal the Employee Disciplinary Decision in accordance with this policy.
  8. Title IX Administrators may not require, allow, rely upon, or otherwise use questions or evidence that seeks disclosure of privileged communications, unless the privilege has been effectively waived by the holder. This provision applies, but is not limited to information subject to the following:
    1. Spousal/domestic partner privilege;
    2. Attorney-Client and attorney work product privileges;
    3. Privileges applicable to members of the clergy and priests;
    4. Privileges applicable to medical providers, mental health therapists, and counsellors;
    5. Privileges applicable to sexual assault and domestic violence advocates; and
    6. Other legal privileges identified in RCW 5.60.060.

An employee found responsible for Sexual Harassment may receive discipline up to and including dismissal from employment. A description of possible disciplinary sanctions and conditions that may be imposed against employees can be found in the SVC Federation of Teachers Collective Bargaining Agreement and the WPEA Collective Bargaining Agreement found here: https://www.skagit.edu/human-resources/labor-relations

In proceedings against a student, the parties may appeal the Student Conduct Committee’s ruling in accordance with the Student Conduct Code. In proceedings against an employee, the parties may appeal the Employee Disciplinary Decision in accordance with this policy.

Title IX Administrator—Free from Bias—Training requirements 

  1. Title IX Administrators shall perform their duties free from bias or conflicts.
  2. Title IX Administrators shall undergo training on the following topics:
    1. The definition of Sexual Harassment under these procedures,
    2. The scope of the College’s educational programs and activities,
    3. How to conduct an investigation,
    4. How to serve impartially without prejudgment of facts, conflicts of interest, or bias,
    5. Use of technology used during an investigation or hearing,
    6. The relevance of evidence and questions, and
    7. Effective report writing.
  3. All Title IX Administrator training materials shall be available on the College’s Title IX webpage.

Filing a Complaint 

Any employee, student, applicant, or visitor who believes that they have been the subject of Sexual Harassment should report the incident or incidents to the College’s Title IX Coordinator identified below. If the complaint is against the Title IX Coordinator, the Complainant should report the matter to the President’s office for referral to an alternate designed. 

Sandy Jordan
Associate Dean of Compliance and 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

Confidentiality  

  1. The College will seek to protect the privacy of the Complainant to the fullest extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or take disciplinary action, and comply with the federal and state law, as well as College policies and procedures. Although the College will attempt to honor Complainant’s requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX Coordinator.
  2. The Title IX Coordinator will inform and attempt to obtain consent from the Complainant before commencing an investigation of alleged sexual 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 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 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. Factors to be weighed during this determination may include, but are not limited to:
  3. If the College is unable to honor a Complainant’s request for confidentiality, the 
    Title IX 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 this procedure.  
    1. The seriousness of the alleged Sexual Harassment;
    2. The age of the Complainant;
    3. Whether the Sexual Harassment was perpetrated with a weapon;
    4. Whether the Respondent has a history of committing acts of Sexual
    5. Harassment or violence or has been the subject of other Sexual
    6. Harassment or violence complaints or findings;
    7. Whether the Respondent threatened to commit additional acts of Sexual
    8. Harassment or violence against the Complainant or others; and
    9. Whether relevant evidence about the alleged incident can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).
  4. If the College decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX 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.  

Investigation Notices 

Upon receiving a formal complaint and determining that allegations comport the Title IX claims, the College will provide the parties with the following notices containing the following information:

  1. Notice of formal and informal resolution processes. A description of the College’s investigation procedures, including the informal resolution procedure.
  2. Investigation in advance of the initial interview with the Respondent to allow the Respondent sufficient time to prepare a response to the allegations and to inform the Complainant that the College has commenced an investigation. The Notice of Investigation will:
    1. Include the identities of the parties (if known), a description of the conduct allegedly constituting Title IX Sexual Harassment, and the time and location of the incident (if known).
    2. Confirm that the Respondent is presumed not responsible for the alleged conduct and that the College will not make a final determination of responsibility until after the investigative and disciplinary processes have been completed.
    3. Inform parties that they are both entitled to have an advisor of their own choosing, who may be an attorney.
    4. Inform parties that they have the right to review evidence.
    5. Inform parties about student conduct code provisions and employment policies that prohibit students and employees from knowingly submitting false information during the investigative and disciplinary processes.
  1. Amended Notice of Investigation. If during the course of the investigation the College decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Investigation, the College will issue an amended Notice of Investigation to both parties that includes this additional information.
  2. Interview and meeting notices. Before any interview or meeting with a party about the Title IX allegations, the College shall provide the party with a written notice identifying the date, time, location, participants, and purpose of the interview or meeting with sufficient time seven (7) calendar days with the right to schedule more quickly if the allegations would dictate a faster response) for the party to prepare for the interview or meeting.

 Investigation Process Dismissal

  1. Mandatory dismissal. The Title IX Coordinator will dismiss the Title IX allegations, if during the course of a formal Title IX investigation, the investigator determines that the alleged misconduct in the Formal Complaint:
    1. Does not meet the definition of Sexual Harassment under Title IX, even if proved; or
    2. Did not occur in the context of a College Education Program or Activity; or
    3. Occurred outside the United States.
  2. Discretionary dismissal. The College may dismiss a Title IX claim in whole or in part, if:
    1. The Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint in whole or in part;
    2. Respondent is no longer enrolled with or employed by the College; or
    3. Specific circumstances prevent the College from gathering evidence sufficient to complete the investigation of the Title IX allegations in whole or in part.
  3. The Title IX Coordinator will provide both parties written notice if Title IX allegations are dismissed with an explanation for the dismissal.
  4. Either party may appeal the dismissal of a formal complaint pursuant to either the appeal process set forth in the Title IX employee disciplinary procedure if the Respondent is an employee; or the appeal process in the Supplemental Title IX Student Conduct Procedure if the Respondent is a student.
  5. Mandatory or discretionary dismissal of a Title IX claim does not preclude the College from investigating and pursuing discipline based on allegations that a Respondent violated other federal or state laws and regulations, college conduct policies, and/or other codes and contractual provisions governing student and employee conduct.

Investigation Process—Consolidation of Formal Complaints

When multiple Sexual Harassment allegations by or against different parties arise out of the same facts or circumstances, the College may consolidate the investigation of Formal Complaints, provided consolidation can be accomplished in compliance with confidentiality protections imposed by the Family Educational Records and Privacy Act (FERPA). This includes instances in which Complainant and Respondent have lodged Formal Complaints against one another or when allegations of sexual assault are lodged by a single Complainant against multiple Respondents, or when multiple

Complainants lodge sexual assault complaints against single or multiple Respondents.

Investigation Process—Required Procedures

During the investigation, the investigator:

  1. Will provide the parties with equal opportunity to present relevant statements, and other evidence in the form of fact or expert witnesses and inculpatory or exculpatory evidence.
  2. Will not restrict the ability of either party to discuss the allegations under investigation or gather and present relevant evidence, except when a no contact order has been imposed based on an individualized and fact specific determination that a party poses a threat to the health, safety, or welfare of another party and/or witnesses or when contact with a party and/or witness is prohibited by court order. A College-imposed no contact shall be no broader than is necessary to protect the threatened party or witness and must provide the impacted party or their advisor with alternative means of gathering and presenting relevant evidence from the protected witness and/or party.
  3. Will allow each party to be accompanied by an advisor of their choosing, who may be an attorney, to any investigative meeting or interview. Advisors’ roles during investigative meetings or interviews will be limited to providing support and advice to the party. Advisors will not represent or otherwise advocate on behalf of the parties during the investigation process. An attorney representing a party must enter a notice of appearance with the Title IX Coordinator and the Investigator at least five (5) days before the initial interview or meeting they plan to attend, so that the College can secure its own legal representation, if necessary.
  4. The investigator will provide both parties and their respective advisors with an equal opportunity to review the draft investigation report and to inspect and review any evidence obtained during the investigation that is directly related to the allegations raised in the Formal Complaint, including inculpatory or exculpatory evidence, regardless of its source, as well as evidence upon which the investigator does not intend to rely in the final investigation report. After disclosure, each party will receive ten (10) days in which to submit a written response, which the investigator will consider prior to completion of the investigation report. If a party fails to submit a written response within ten (10) days, the party will be deemed to have waived their right to submit comments and the investigator will finalize the report without this information.
  5. The investigator will forward the final report to the Title IX Coordinator, who will distribute the report and evidence to the parties, as well as the disciplinary authority responsible for determining whether disciplinary action is warranted. The disciplinary authority will issue notices of any proposed action in accordance with Student Conduct Code or applicable employee disciplinary procedures.

Complaint Resolution

The Title IX resolution processes are initiated when the Title IX Coordinator’s Office receives a written complaint from a Complainant alleging that a Respondent(s) sexually harassed a Complaint and requests that the college initiate an investigation (a formal complaint). A complaint may be submitted by the Complainant in writing or signed by the Title IX Coordinator on behalf of the Complainant. Complaints submitted to the Title IX Coordinator may be resolved through a resolution process without a Formal Complaint.

For purposes of this Title IX Investigation Procedure, the Complainant must be participating in or attempting to participate in a College education program or activity at the time the Formal Complaint is filed.

Informal Resolution  

Under appropriate circumstances and only if the impacted and the respondent agree, they may voluntarily pursue informal resolution during the investigation of a concern. Informal resolution is not appropriate when the allegations involve a mandatory reporting situation, an immediate threat to the health, safety or welfare of a member of the College community, or in cases where an employee is alleged to have sexually harassed a student. 

If informal resolution is appropriate, the impacted party and responding party may explore remedies or resolution through: 

  • Guided conversations or communications conducted by the Title IX Coordinator, a human resource representative, or a mutually agreed upon third party;
  • A structured resolution process conducted by a trained mediator; or o Voluntarily agreed on alterations to either of the parties’ work or class schedules or student housing arrangements. 

If the parties agree to an informal resolution process, the College will commence the process within 10 business days after the parties agree to this option and conclude within 30 business days of beginning that process, subject to reasonable delays and extensions for good cause shown.

The informal process is voluntary. Either the impacted or responding party may withdraw from the informal resolution process at any time, at which point the formal investigation process will resume.

If the impacted and responding party voluntarily resolve a report, the College will record the terms of the resolution in a written agreement signed by both parties and provide written notice to both parties that the report has been closed.

Formal Resolution  

Formal resolution means that the Complainant’s allegations of sexual harassment will be subjected to a formal investigation by an impartial and unbiased investigator. The investigation will issue a report of the investigation findings. Upon completion of the investigation, the investigator will submit the final investigation report to the appropriate disciplinary authority to determine whether disciplinary proceedings are warranted.

Emergency Removal

If a student Respondent poses an immediate threat to the health and safety of the College Community or an immediate threat of significant disruption to College operations, the College’s student conduct officer may summarily suspend a Respondent pursuant to WAC 132D-150-310, pending final resolution of the allegations. Nothing in this procedure prohibits the College from placing non-student employees on administrative leave pending final resolution of the allegations.

 

Model Supplemental Title IX Employee Disciplinary Hearing Procedure  

Order of Precedence  

This supplemental employee disciplinary procedureapplies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. (See 34 C.F.R. § 106.) Disciplinary proceedings against an employee alleged to have engaged in sexual harassment shall be governed by the College’s administrative hearing practices and procedures (WAC 132D-108) and supplemental hearing procedure. To the extent the supplemental hearing procedures conflicts with WAC 132D-108 and/or provisions set forth in employment contracts, collective bargaining agreements, employee handbooks, and other college employment policies and procedures, these disciplinary procedures will take precedence. 

Notwithstanding the foregoing, if the respondent is a tenured or probationary faculty member and the Vice President of Human Resources / EEO or their designee determines that the allegations in the investigation, if true, would warrant the respondent’s dismissal from the college, the Vice President of Academic Affairs or their designee will refer the matter to the Tenure Dismissal Committee for a hearing pursuant to RCW 28B.50.863 and applicable procedures set forth in the Skagit Valley College Collective Bargaining Agreement (CBA). To the extent that the SVC Faculty Collective Bargaining Agreement’s Tenure Dismissal Committee procedures are inconsistent or conflict with Sections II through VII of this Supplemental Procedure, those Supplemental

Procedure sections will prevail. At the end of the hearing, the Tenure Dismissal

Committee will issue a recommendation consistent with the provisions set forth in Section VII. Complainant shall have the same right to appear and participate in the proceedings as the respondent, including the right to present their position on the recommendation to the president or designee before final action is taken. 

 

Prohibited Conduct  

Pursuant to Title IX of the Education Act Amendments of 1972, 20 U.S.C. §1681, the college may impose disciplinary sanctions against and employees who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of “sexual harassment.” 
For purposes of this supplemental procedure, “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following: 

Quid pro quo harassment. A College employee conditioning the provision of an aid, benefit, or service under the College on an individual’s participation in unwelcome sexual conduct.

Hostile environment. Unwelcome sex-based determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s educational programs or activities, or employment.

Sexual Assault. Sexual assault 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. Non-forcible sexual intercourse between someone 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, coercive control, damage or destruction of personal property, stalking, or any other conduct under RCW 10.99.020 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 fear for their safety or the safety of others, or suffer substantial emotional distress.

Title IX Jurisdiction

This supplemental procedure applies only if the alleged misconduct:

  • Occurred in the United States;
  • Occurred during a College educational program or activity; and
  • Meets the definition of Sexual Harassment as that term is defined in this supplemental procedure.

For purposes of this supplemental procedure, an “educational program or activity” is defined as locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which the alleged Sexual Harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the College.

Proceedings under this supplemental procedure must be dismissed if the assigned decision maker determines that one or all of the requirements of Section A (1)-(3) have not been met. Dismissal under this supplemental procedure does not prohibit the College from pursuing disciplinary action against a Respondent based on allegations that the Respondent engaged in other misconduct prohibited by federal or state law, employment contracts or handbooks, or other College policies.

If the Vice President of Human Resources/EEO determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the Vice President of Human Resources/EEO will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

Initiation of Discipline  

Upon receipt, the Vice President of Human Resources / EEO or their designee shall independently review the investigation report provided by the Title IX Coordinator, and determine whether there are sufficient grounds to pursue a disciplinary action against the Respondent for engaging in prohibited conduct under Title IX.

If the Vice President of Human Resources/EEO determines that there are sufficient grounds to proceed under these supplemental procedures, the Vice President of Human

Resources/EEO will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the [decision maker] and by serving the notice on the Respondent and the Complainant, and their respective advisors. The notice must:

  1. Set forth the basis for Title IX jurisdiction;
  2. Identify the alleged Title IX violations;
  3. Set forth the facts underlying the allegation(s);
  4. Identify the range of possible sanctions that may be imposed if the Respondent is found responsible for the alleged violation(s);
  5. Explain that each Party is entitled to be accompanied by an Advisor of their own choosing during the hearing and that:
    1. Advisors will be responsible for questioning all witnesses on the Party’s behalf;
    2. An Advisor may be an attorney and/or, if the Party is a represented employee, a union representative;
    3. A represented employee who chooses an Advisor who is not a union representative must submit a signed waiver of union representation that includes consent from the union; and
    4. The College will appoint the Party an Advisor of the College’s choosing at no cost to the Party, if the Party fails to choose an Advisor; and,
  6. Explain that if a Party fails to appear at the hearing, a decision of responsibility may be made in the Party’s absence. 

Service of the disciplinary notice or any other document required to be served under this supplemental procedure may be done personally or by first class, registered, or certified mail, or by electronic mail to the Party’s college email address.

Pre-Hearing Procedure  

Upon receiving the disciplinary notice, the decision maker will send a hearing notice to all parties in compliance with WAC 10-08-040. Pursuant to this policy the hearing date may not be scheduled less than ten (10) days after the Title IX Coordinator provides the final investigation report to the. The college may, at its discretion, contract with an administrative law judge or other qualified person to act as the assigned decision maker

A Party is entitled to be accompanied by an advisor of their choosing during the disciplinary process at the party’s own expense. The advisor may be an attorney and/or, if the party is a represented employee, a union representative. 

  1. A party may choose to have an attorney serve as their advisor at the party’s own expense. This right will be waived unless, at least five (5) days before the hearing, the attorney files a notice of appearance with the Vice President of Human Resources/EEO.
  2. If a Party is a represented employee who chooses not to use a union-provided Advisor, the Party must provide the assigned decision maker with a signed waiver of union representation, including written consent from the union.

In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether the college intends to offer the evidence at the hearing.  

Rights of Parties

The provision of this supplemental procedure shall apply equally to all parties.

The College bears the burden of offering and presenting sufficient testimony and evidence to establish that the Respondent is responsible for a Title IX violation by a preponderance of the evidence.

The respondent will be presumed not responsible until the disciplinary process is finally resolved.

During the hearing, the Complainant and Respondent shall be represented by an Advisor. These Parties are entitled to an Advisor of their own choosing and the Advisor may be an attorney or, if the Respondent holds a represented position, a union representative. If a party does not choose an Advisor, then the Title IX Coordinator will appoint an Advisor of the College’s choosing on the Party’s behalf at no expense to the Party.

Evidence 

The introduction and consideration of evidence during the disciplinary hearing is subject to the following procedures and restrictions: 

  1. Relevance: The Committee Chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of evidence.
  2. Relevance means that information elicited by the question makes a fact is dispute more or less likely to be true.
  3. Questions or evidence about a Complainant’s sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:
    1. Is asked or offered to prove someone other than the Respondent committed the alleged misconduct; or
    2. Concerns specific incidents or prior sexual behavior between the Complainant and the Respondent, which are asked or offered on the issue of consent.
  4. Complainant and Respondent may not ask questions directly of one another. Questions may be asked through a party’s advisor or by the Chair, but only after the Chair determines the question is relevant and not privileged or otherwise impermissible. The Chair has discretion to follow this procedure for the other witnesses, as well.
  5. No negative interference: the assigned decision maker may not make an inference regarding responsibility solely on a witness’s or party’s absence from the hearing or refusal to answer questions.
  6. Privileged evidence: The assigned decision maker shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:
    1. Spousal/domestic partner privilege;
    2. Attorney-Client and attorney work product privileges;
    3. Privileges applicable to members of the clergy and priests;
    4. Privileges applicable to medical providers, mental health therapists, and counsellors;
    5. Privileges applicable to sexual assault and domestic violence advocates; and
  7. Other legal privileges identified in RCW 5.60.060.

Initial Order 

The assigned decision maker will be responsible for drafting an Initial Order that:

  • Identifies the allegations of sexual harassment;
  • Describes the procedural steps taken from receipt of the formal complaint through the determination, including any notifications to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;
  • Makes findings of fact supporting the determination of responsibility; o Reaches conclusions as to whether the facts establish whether the respondent is responsible for engaging in sexual harassment in violation of Title IX;
  • Contains a statement of, and rationale for, the assigned decision maker’s determination of responsibility for each allegation;
  • Describes any disciplinary sanction or conditions imposed against the
  • Respondent, if any; o Describes to what extent, if any, Complainant is entitled to remedies designed to restore or preserve Complainant’s equal access to the college’s programs or activities; and
  • Describes the process for appealing the initial order to the appeal officer assigned by the president or their designee.

Appeals 

  1. All parties, including the Vice President of Human Resources/EEO or their designee in their capacity as a representative of the College, have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or part, of a formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the appeal officer assigned by the president within twenty-one (21) calendar days of service of the Initial Order or Notice of Dismissal. Appeals must identify the specific findings of fact and/or conclusions of law in the initial order or dismissal being challenged and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the Initial Order or Dismissal shall be deemed final.
  2. Upon receiving a timely appeal, the assigned appeal officer will serve a copy of the appeal on all non-appealing parties, who will have ten (10) calendar days from the date of service to submit written responses to the assigned appeal officer addressing issues raised in the appeal. Failure to file a timely response constitutes a waiver of the right to participate in the appeal. Upon receipt of written responses, the assigned appeal officer shall serve copies of the responses to the appealing party.
  3. The appealing party shall have five (5) calendar days from the date of service to submit a written reply addressing issues raised in the responses to the assigned appeal officer.
  4. The assigned appeal officer, based on their review of the parties’ submissions and the hearing or investigative record, will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether a dismissal if affirmed or denied, or if the disciplinary sanctions and conditions imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions.
  5. All decisions reached through this process are final and may be judicially appealed pursuant to applicable provisions of RCW 34.05, including, but not limited to, the timelines set forth in RCW 34.05.542. No decisions or recommendations arising from this disciplinary procedure will be subject to grievance pursuant to any Collective Bargaining Agreement.

DEFINITIONS 

For the purposes of this policy and procedures, the following definitions apply. 

Business Day: A weekday, excluding weekends and college holidays. 

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

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 sex discrimination.  

Complainant: means an individual who is alleged to be the subject of alleged conduct that would constitute Sexual Harassment:

  • 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.

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 are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when they know, or reasonably should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct. 

Education Program or Activity: includes locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which the alleged Sexual Harassment occurred. It also includes any building owned or controlled by a student organization officially recognized by the College.

Formal Complaint: means a writing submitted by the Complainant or signed by the Title IX coordinator alleging Sexual Harassment against a Respondent and requesting that the College conduct an investigation. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the educational programs or activities of the College.

Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.

Sex-based Harassment. for purposes of these Title IX Investigation Procedures, Sexual Harassment means conduct on the basis of sex: 

  • Quid pro quo harassment. A College employee conditioning the provision of such an aid, benefit, or service of the College on a individual’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 assault. Sexual assault 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. Non-forcible sexual 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, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, 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. PPhysical 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: are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant and Respondent regardless of whether the Complainant or the Title IX Coordinator has filed a Formal Complaint. Supportive Measures restore or preserve a party’s access to the College’s education programs and activities without unreasonably burdening the other party, as determined through an interactive process between the Title IX Coordinator and the party. Supportive measures include measures designed to protect the safety of all parties and/or the College’s educational environment and/or to deter Sexual Harassment or retaliation. Supportive measures may include, but are not limited to:

  1. Counseling and other medical assistance;
  2. Extensions of deadlines or other course-related adjustments;
  3. Modifications of work or class schedules;
  4. Leaves of absence;
  5. Increased security or monitoring of certain areas of campus; and
  6. Imposition of orders prohibiting the parties from contacting one another in housing or work situations. Determinations about whether to impose a one-way no contact order must be made on a case-by-case basis. If supportive measures are not provided, the Title IX Coordinator must document in writing why this was clearly reasonable under the circumstances.

Title IX Administrators: Title IX Coordinator; Title IX investigators; the student conduct officer; Student Conduct Committee members; employee disciplinary officers; and, decision makers; and college-provided advisors assigned to the parties by the College during the Title IX disciplinary proceedings.   

Title IX Coordinator is responsible for processing Title IX Complaints and conducting and/or overseeing formal investigations and informal resolution processes under this Investigation Procedure. Among other things, the Title IX Coordinator is responsible for:

  1. Accepting and processing all Title IX reports, referrals, and Formal Complaints.
  2. Executing and submitting a Formal Complaint when appropriate and necessary.
  3. Handling requests for confidentiality.
  4. Determining:
    1. Whether a Formal Complaint should be dismissed either in whole or part, and if so,
      1. Providing notice to both parties about why dismissal was necessary or desirable, and
      2. Referring the complaint to the appropriate disciplinary authority for proceedings outside the jurisdiction of Title IX.
    2. Maintaining accurate records of all complaints, reports, and referrals, and retaining investigation files, complaints, reports, and referrals in compliance with the applicable records retention schedules or federal or state law, whichever is longer.
    3. Conducting investigations or assigning and overseeing investigations.
    4. Engaging in an interactive process with both parties to identify and provide supportive measures that ensure during the investigation and disciplinary process that the parties have equitable access to education programs and activities and are protected from further discrimination or retaliation.
    5. Upon completion of an investigation, issuing or overseeing the issuance of a final investigation report to the parties and the appropriate disciplinary authority.
    6. Recommending non-disciplinary corrective measures to stop, remediate, and/or prevent recurrence of discriminatory conduct to disciplinary authorities and other College administrators.