2. “No person in the United States, shall, on the basis of
sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under
any educational program or activity receiving federal
financial assistance.”
Title IX of the Education Amendments of 1972 Implementing Regulations at:
20 U.S.C. §1681 & 34 C.F.R Part 106
TitleIXoftheEducationAmendmentsActof1972
3. Overview ofTitle IX of the Education Amendments of 1972 Continued:
On June 23, 1972, the President signedTitle IX of the Education Amendments of
1972, 20 U.S.C. §1681 et seq., into law.Title IX is a comprehensive federal law
that prohibits discrimination on the basis of sex in any federally funded
education program or activity.The principal objective ofTitle IX is to avoid the
use of federal money to support sex discrimination in education programs and to
provide individual citizens effective protection against those practices.Title IX
applies, with a few specific exceptions, to all aspects of federally funded
education programs or activities. In addition to traditional educational
institutions such as colleges, universities, and elementary and secondary
schools,Title IX also applies to any education or training program operated by a
recipient of federal financial assistance.The Department of Education has issued
regulations on the requirements ofTitle IX, 34 C.F.R. § 106.1et seq.TheTitle IX
common rule published on August 30, 2000 covers education program
providers/recipients that are funded by other federal agencies.
5. Students & Employees
• On campus and at college-sponsored events
• Off campus, when the impact of the incident extends on
campus
Gender equity applies campus-wide
TitleIXCovers
6. •BC MUST take immediate and
appropriate steps to investigate
•BC MUST take prompt and effective
action to:
•Stop the harassment
•Remedy the effects
•Prevent the recurrence
ComplianceEssentials
7. All BC employees are required to report sexual
harassment or misconduct to the college.
All BC employees are mandated reporters which
means that they are required to contact the police
and Child Protective Services if there is a suspicion of
abuse, including sexual assault, of a person under
the age of 18.
MandatoryReporting
8. BC will seek to protect the privacy of the
complainant to the full extend possible, consistent
with the legal obligation to investigate, take
immediate action, and comply with federal & state
law, as well as BC policies & procedures.
Confidentiality CANNOT be guaranteed.
Confidentiality
9. College investigation, NOT a criminal investigation
• Purpose is to fact-find in order to stop, remedy and
prevent harassment
• Standard of proof: more likely than not (50.1%)
• Process must be equitable
Police investigations
• Separate investigations with different standard of proof
• Does not determine outcome ofTitle IX investigation
Title IX investigations
are separate from:
• Student conduct
• Criminal
• TitleVII
There are situations where
investigations are
conducted together.
It is possible to be found
guilty in one investigation
but not the other.
It is possible to receive
conduct charges AND
criminal charges
TitleIXInvestigations
10. On Campus:
• Title IXCoord. – RachelWellman, 564-2441
• Human Resources –Aaron Hilliard 564-2274
• StudentConduct – Ana Blackstad 564-2630
• Public Safety – 564-2400
ConfidentialOptions:
• Licensed Professional Counselors – 564-2212
Reporting
Report online at:
https://publicdocs.maxient.com/incidentreport.php?BellevueCollege
Off Campus:
• Police Department
• WA State Human Rights
Commission
• US Dept. of Ed. Office for Civil
Rights
“Campus Confidential”
• Ombuds – Miranda Kato, 564-2131
Editor's Notes
Off-campus – “geography” is discussed at length in the OCR docs, but includes any college sponsored event, any work-related event/activity, other sites, internship sites, etc. **Also includes any situation where a T9 incident happens, even if it has nothing to do with the college and isn’t committed by anyone affiliated with BC, but the impact of the incident extends on campus. Example: a person is stalked and it impacts the workplace or class. Our responsibility is to take measure to mitigate the impact on campus and provide support resources.
Pan-Institutional – gender equity applies across the college – everything from employee recruiting practices to program offerings to gender neutral bathrooms
We can take interim measures prior to an investigation being completed, e.g. no contact order on campus, change a class, provide escort, etc.
Actual – you heard it, saw it, was told by student/staff, indirect via online postings
Constructive – we should have known, something that is general knowledge – ‘everyone knows that…’
Responsible employee – ALL employees – our 60 day clock starts ticking when we are “notified” which means when any staff, faculty member is made aware. Student staff count.
Circumstances where we would not maintain confidentiality: situation where there are weapons, threat to others, etc. that puts the larger community at risk.
Anyone can report to off-campus entities directly. There is no requirement of a complainant/victim to report on campus.
Confidentiality – we go to great lengths to maintain confidentiality, but it s not guaranteed. The only people who are exempt from reporting are licensed professionals i.e. counselors.
Designated victim advocacy programs – still need to be identified.
2nd level confidentiality – Ombuds and those place we designate. Confidentiality means the staff don’t have to report the name to BC, but they still have to share enough information to help us keep data (type of incident). Courts do not recognize
