Title IX of the 1972 Education Amendments is a powerful tool for
combating campus violence. The law requires colleges and universities receiving
federal funding to combat gender-based violence and harassment, and respond to
survivors’ needs in order to ensure that all students have equal access to
education.
Any sexual violence or physical abuse, as defined by California
law, whether committed by an employee, student, or member of the public,
occurring on college-owned or controlled property, at college-sponsored or
supervised functions, or related to or arising from college attendance or
activity is a violation of District policies and regulations, and is subject to
all applicable punishment, including criminal and/or civil prosecution and
employee or student discipline procedures.
"No person in the United States shall, on the basis of sex,
be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any education program or activity receiving Federal
financial assistance."
KNOW YOUR IX
1. Title IX is a landmark federal civil right that prohibits sex
discrimination in education. Title IX is not just about sports; it is
a prohibition against sex-based discrimination in education. It addresses
discrimination against pregnant and parenting students and women in STEM
(science, technology, engineering, and math) programs. It also addresses sexual
harassment, gender-based discrimination, and sexual violence. Sexual violence
includes attempted or completed rape or sexual assault, as well as sexual
harassment, stalking, voyeurism, exhibitionism, verbal or physical
sexuality-based threats or abuse, and intimate partner violence.
2. Title IX does not apply to female students only. Title
IX protects any person from sex-based discrimination, regardless of their real
or perceived sex, gender identity, and/or gender expression. All female, male,
and gender non-conforming individuals are protected from any sex-based
discrimination, harassment or violence. It relates to the educational
setting and does not just apply to students.
3. Colleges must be proactive in ensuring that the campus is free
of sex discrimination. You are protected under Title IX even if you do
not experience sex discrimination directly. Schools must take immediate steps
to address any sex discrimination, sexual harassment or sexual violence on
campus to prevent it from affecting students further. If a school knows or
reasonably should know about discrimination, harassment or violence that is
creating a “hostile environment” for any student, it must act to eliminate it,
to remedy the harm caused and to prevent its recurrence. Schools may not
discourage survivors from continuing their education, such as telling them to
“take time off” or forcing them to quit a team, club or class. You have the
right to remain on campus and have every educational program and opportunity
available to you.
4. Colleges must have an established procedure for handling
complaints of sex discrimination, sexual harassment or sexual violence. Every
school must have a Title IX Coordinator who manages complaints. The
Coordinator’s contact information should be publicly accessible on the school’s
website. If you decide to file a complaint, your school must promptly
investigate it regardless of whether you report to the police (though a police
investigation may very briefly delay the school’s investigation if law
enforcement is gathering evidence). A school may not wait for the conclusion of
a criminal proceeding and should conclude its own investigation within a
semester’s time (the 2011 Office for Civil Rights Title IX guidance proposes 60
days as an appropriate time-frame). The school should use a “preponderance of
the evidence” standard to determine the outcome of a complaint, meaning
discipline should result if it is more likely than not that discrimination,
harassment and/or violence occurred. The final decision should be provided to
you and the accused in writing. Both of you have the right to appeal the
decision.
5. Colleges must take immediate action to ensure a victim can
continue their education or employment free of ongoing sex discrimination,
sexual harassment or sexual violence. Along with issuing a no contact
directive to the accused, a school must ensure that any reasonable changes to
your housing, class or sports schedule, campus job, or extracurricular activity
and clubs are made to ensure you can continue your education free from ongoing
sex discrimination, sexual harassment or sexual violence. These arrangements
can occur BEFORE a formal complaint, investigation, hearing, or final decision
is made regarding your complaint. It also can CONTINUE after the entire process
since you have a right to an education free of sex-based discrimination,
harassment or violence. Additionally, these accommodations should not
over-burden complainant-victims or limit your educational opportunities;
instead, schools can require the accused to likewise change some school
activities or classes to ensure there is not ongoing hostile educational
environment.
6. Colleges may not retaliate against someone filing a complaint
and must keep a victim safe from other retaliatory harassment or behavior. Schools
must address complaints of sex discrimination, sexual harassment and sexual
violence. As part of this obligation they can issue a no contact directive or
make other accommodations to ensure the accused or a third party does not
retaliate for any complaint. Additionally, the school may not take adverse
action against the complainant-victim for their complaint. Any retaliation can
and should be reported in a formal Title IX complaint to the U.S. Department of
Education since it is your right to be free from a hostile educational
environment.
7. Colleges can issue a no contact directive under Title IX to prevent
the accused student from approaching or interacting with the victim. When
necessary for student safety, schools can issue a no contact directive
preventing an accused student from directly or indirectly contacting or
interacting with you. Campus security or police can and should enforce such
directives. This is not a court-issued restraining order, but a school should
provide you with information on how to obtain such an order and facilitate that
process if you choose to pursue it.
8. In cases of sexual violence, colleges are prohibited from
encouraging or allowing mediation (rather than a formal hearing) of the complaint. The
2011 Title IX Guidance clearly prohibits schools from allowing mediation
between an accused student and a complainant-victim in sexual violence cases.
However, they may still offer such an alternative process for other types of
complaints, such as sexual harassment. Realize it is your choice and you can
and should seek a disciplinary hearing if you desire such a formal process.
Schools are discouraged from allowing the accused to question you during a
hearing.
9. Colleges should not make victims pay the costs of certain
accommodations that may be required in order for the victim to continue their
education after experiencing violence. If you need counseling,
tutoring, or other remedies in order to continue your education, these
resources will be provided at no cost to you.