Title IX Process

If a student experiences sexual harassment, sex discrimination, or sexual misconduct, they are highly encouraged to complete the Reporting Form. Upon receipt of an allegation of sexual harassment, the institution is obligated to initiate a timely response.

All personnel are obligated to promptly disclose any instances of sexual harassment involving students, inclusive of student employees. This necessitates the completion of the BIT/BICT/CARE Reporting Form to formally report such incidents.    

After receipt of a report of sexual misconduct, the Title IX Coordinator contacts the student complainant and student respondent to schedule an initial appointment. Student employees are considered students and are treated as such. At this appointment, the Title IX coordinator completes the Sexual Harassment and Discrimination Complaint Intake and Processing form along with the Complainant/Reporting Party Information form.

If an employee is involved, HR reaches out to the employee to schedule the initial appointment. 

When the Title IX Coordinator conducts confidential meetings with both the student complainant and student respondent, they will discuss supportive measures. The Title IX Coordinator is responsible to ensure supportive measures are in place after they have been determined, in consultation with the complainant and respondent.

If an employee is involved, HR must conduct confidential meeting and discuss supportive measures. HR are then responsible to ensure supportive measures are determined in consultation with the employee.  

Supportive measures are tailored services aimed at restoring or preserving equal access to education, ensuring safety, or preventing sexual harassment. The Title IX Coordinator coordinates these measures for both parties, including but not limited to

• Counseling and referral to medical and/or other healthcare services;
• Referral to Employee Assistance Program for employees;
• Altered work arrangements for employees or student-employees
• Safety plan;
• Campus escorts;
• Implementing Mutual Contact Limitations (MCL) (no contact directives) between the Parties;
• Offer assistance of an advocate who can be available to assist the complainant and/or respondent in navigating the reporting process and accessing resource;
• Academic Support, extensions of deadlines, or other course/program-related adjustments;
• Class or work schedule modifications, withdrawals, or leaves of absence;
• Increased security and monitoring of certain areas of the campus; or 
• Any other actions deemed appropriate by the Title IX Coordinator. 

Supportive measures also include inquiring whether the complainant intends to proceed with a formal complaint.

Should the complainant opt for formal action, they are required to complete and sign Intake Forms. Additionally, the Title IX Coordinator provides comprehensive counseling to the complainant, offering guidance on the subsequent procedural steps in accordance with established protocols and guidelines below:

1. Title IX Coordinator completes the Harassment or Discrimination Complaint Form 3A and signed by the Complainant. 
2. The complainant and respondent are notified by letter that a formal complaint has been filed and that the case will go to an unbiased third-party contracted to conduct Title IX investigations for the District. 
3. A third-party contracted to conduct Title IX investigations will contact the complainant and respondent for interviews as part of their investigation. 
4. The complainant and respondent each may request an advisor of their choice to be with them when they are interviewed.  
5. Once it has been investigated, the complainant and respondent will receive a written determination of the allegation. 
6. If not satisfied with the determination, the complainant and respondent have the right to appeal. 
7. If remedies are determined, the Title IX coordinator is responsible for ensuring those remedies are in place.

Note: HR handles this process if the respondent is an employee. 

If the complainant does not wish to file a formal complaint, then the case is dismissed or an Informal Resolution has been agreed upon. 

• A letter from Maxient must be sent to the complainant reiterating why they have chosen not to continue with the complaint. 

• The Letter from Maxient should include what the Informal Resolution was agreed upon.

Special Cases Requiring an unbiased third party agency:

• In certain situations, the case may proceed to an unbiased third party agency due to considerations such as SB-439 compliance.
• In these circumstances, the Title IX Coordinator will complete and sign the Title IX Sexual Harassment Complaint By Title IX Coordinator 3B form. 

The district reserves the authority to take immediate action by removing a non-employee Respondent from the District's educational program or activity if, after conducting an individualized safety and risk analysis, it deems that there is an imminent threat to the physical health or safety of any student or other individual due to allegations of Title IX sexual harassment. It is important to note that this emergency removal measure is not intended to address a Respondent's potential interference with the Title IX sexual harassment investigation or the destruction of relevant evidence. Instead, its sole purpose is to mitigate health or safety risks arising from Title IX sexual harassment allegations.

The responsibility of conducting the individualized safety and risk analysis falls upon the Vice President of Student Affairs, using the NaBITA Threat Assessment Tool. Should they determine that an emergency removal is necessary, the individual being removed will receive notice and an opportunity to challenge the basis of their removal. This process is not a hearing on the merits of the allegations but rather an administrative procedure aimed at assessing the appropriateness of the emergency removal. Failure to request this meeting within two calendar days of the emergency removal will result in a waiver of objections. Respondents have the option to be accompanied by an Advisor of their choice during this challenge meeting and will be provided with a written summary of the grounds for the emergency removal in advance to facilitate adequate preparation.

Subsequently, the Vice President of Student Affairs, in consultation with the Title IX Coordinator, will determine whether the emergency removal from campus is warranted after considering the information presented by the Respondent in their challenge. In cases where emergency removal is not deemed necessary, lesser restrictive emergency actions may be considered as an alternative. It is essential to understand that violating an emergency removal or other emergency restrictions imposed under this procedure may result in disciplinary measures against the Respondent, separate and distinct from the formal complaint adjudication process, which could include expulsion.