Title IX and Sexual Misconduct

Confidentiality shall be maintained to the greatest extent possible within the requirements of conducting reasonable investigations.

Only those who have an immediate need to know may find out the identity of the parties (the complainant, respondent, or witness).

However, the College and District is REQUIRED to investigate all Title IX complaints which may lead to a complaint being discussed with others.

1. Document the parties, date, time and place of the alleged violation(s). Give a brief general description of what occurred.
   
   
2. Present a formal concern or complaint as a verbal or written report to the Title IX Coordinator, Carmen Rodriguez, Dean of Student Equity & Success, San Bernardino Valley College. 

Title IX requires the District/College to have a person designated to coordinate efforts to comply with and address Title IX issues.

The Coordinator will do the following:

• Investigate all complaints
• Pursue appropriate initial remedies or accommodations
• Formal investigation if there are repeat offenses, patterns, predation, and/or future violence
• Apply remedies while safeguarding victim privacy

The Title IX Coordinator is responsible for taking reports and providing information about resources and services. Individuals who have experienced sexual misconduct should contact the Title IX Coordinator right away, although reports may be made at any time. Prompt reporting maximizes the College’s ability to respond and to take appropriate action. Individuals who have witnessed or have knowledge about an incident of sexual misconduct may make a report as well.

• Admissions
• Access to course offerings
• Assignment and compensation of coaches Athletic equipment and supplies Coaching and tutoring
• Comparable facilities
• Counseling and assessment Discrimination
• Educational programs
• Employment assistance
• Employment
• Travel and per diem allowance
• Financial assistance
• Games and practice time
• Health and insurance benefits
• Housing
• Housing and dining facilities
• Marital or parental status (student’s) Medical and training facilities
• Provision of locker rooms
• Publicity
• Recruitment
• Sexual misconduct

Unlawful discrimination is the unlawful denial of full and equal access to the benefits of or be fully unlawfully subjected to discrimination, in whole or in part, on the basis of ethnic group identification, national origin, religion, age, sex or gender, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics in any program or activity that is administered by, funded directly by, or that receives any financial assistance from the State Chancellor or Board of Governors of the California Community Colleges.

Sexual harassment, under the Education Code, refers to unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under certain conditions.

This includes sexual battery, sexual violence, and sexual exploitation.

Sexual misconduct, as prohibited under federal law, state law, and University policy, is defined as unwelcomed sexual advances, sexual assaults or requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature based on sex.

Misconduct constitutes sexual harassment when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing,
2. Submission to or reject of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive educational or work environment.

Further examples of Sexual Harassment and Discrimination include:

• Terms of endearment
• Pressure for a date or “personal” relationship
• Unwanted touching of any kind
• Angry, intimidating and/or threatening behavior based on a person’s sex
• Sex based cartoons or visuals that ridicule or degenerate a person
• Employment decisions that are based solely or partially on a person’s sex