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Policies & Procedures

Policies and Procedures Relating to Title IX (Sexual Misconduct)

The District employs the following Board Policies and Administrative Procedures in matters relating to sexual misconduct:

Complainants and Respondents

Definitions

The District refers to the parties involved in a report of sexual misconduct as the complainant and respondent and uses the following definitions in Board Policy and Administrative Procedure 5910: Sexual Misconduct:

  • Complainant: A person [or persons] alleging that they are the victim of Sexual Misconduct by another person subject to the District's policy on Sexual Misconduct. The District or College shall also be considered a Complainant if the District or College elects to investigate reports of potential violation(s) of the District's policy on Sexual Misconduct. Any person(s), other than the alleged victim (Complainant), who reports possible violation(s) of the District's policy on Sexual Misconduct, shall be identified as a Reporter.
  • Respondent: A person who is or persons who are alleged to have violated the District's policy on Sexual Misconduct.

What You Should Know If You Are a Complainant or Respondent

If you are a student or employee of the District, and you have been the victim of sexual harassment, sexual violence, or other gender-based harassment, it is important that you read the following information. Although not intended to be a comprehensive explanation of your options and rights, this information may be useful to you:

Title IX Background and Coordinators

Sexual harassment, sexual violence, and other gender-based harassment occurring in the college setting implicates a federal law called Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities and which triggers certain responsibilities on the part of the college. Each District site has a Title IX Coordinator who can help explain the District's/College's responsibilities in these cases. The Title IX Coordinators for each site are listed here:

Unless otherwise noted, on-campus resources are typically non-confidential

Coast Community College District
  • District Title IX Coordinator: Crystal Crane; (714) 438-4708; ccrane@cccd.edu
  • Employee Assistance Program: (800) 635-3616 - *All active CCCD employees, and family members currently living in their homes, have access to this confidential resource. This link is internal.
Coastline College
Golden West Community College
Orange Coast College

The District is committed to maintaining a positive learning, working, and living environment. The District will not tolerate acts of sexual harassment or sexual violence or related retaliation against or by any employee or student. When sexual harassment or sexual violence has occurred and is brought to the attention of a responsible administrator, steps will be taken to end the harassment or violence, prevent its reoccurrence, and address its effects. The District investigates all complaints of sexual misconduct promptly and equitably. Complainants who wish to pursue a complaint beyond the District's process may do so through the United States Department of Education Office for Civil Rights (OCR). Additional contact information and links for OCR are located at the bottom of this page.

Reporting Options

Within the District's processes, the person making the allegations is referred to as the Complainant (or, in some cases, the Reporting Party). The person whom the allegations have been made against is referred to as the Respondent. A complainant who wishes to report sexual harassment, sexual violence, or other gender-based harassment may report their complaint directly to the Title IX Coordinator. A complainant may also report directly to law enforcement. If the incident happened on campus, you may contact Public Safety or the Student Health Center. If a report is initially made with Public Safety or the Student Health Center, the case will be referred to the Title IX Coordinator unless the report is made to a licensed therapist in the Student Health Center. A complainant may pursue both the campus process through the Title IX Coordinator and the criminal process simultaneously. In addition, students may file a Title IX complaint with OCR (as above noted).

The Title IX Coordinator has authority to address complaints of sexual harassment and sexual violence in a non-criminal context. This campus process is completely separate from the police and courts. Within the District, the identity of the respondent determines which of the two offices handles the case.

  • When the complainant or respondent is a student at the time of the incident, the Title IX Coordinator provides a student conduct process for investigating those cases whether they occur on or off campus.
  • When the complainant or respondent is an employee, those cases are handled by the College's Director of Human Resources, who is also a member of the Title IX Investigative Team.
  • When the complainant or respondent is both a student and an employee, the two offices may work together to resolve the case.

If you are uncertain about which office to contact, you may call either office. When the respondent is neither a student nor an employee of the District, but the complainant is a District student or employee, the District can still assist the complainant with counseling and other support services; you may contact the GWC or OCC Student Health Center, or Employee Assistance Program, for these services.

District employees must refer reports of sexual harassment, sexual violence, or other gender-based harassment to the Title IX Office. The only exception to the obligation to report applies to licensed therapists working in the GWC and OCC Student Health Centers.

Informal Resolution vs. Formal Investigation

The Title IX Coordinator will review the allegations and determine an appropriate course of action. Some cases can be handled informally and outside of the formal investigative process, although the District/College will not mediate cases of sexual violence even on a voluntary basis. For cases that result in an investigation, those investigations are conducted by individuals who have received specialized training in those types of investigations. All investigations will be conducted in a thorough, prompt, equitable, and neutral manner.

When the District becomes aware of sexual violence, the District may have an obligation to proceed with an investigation, regardless of a complainant's wishes, in order to ensure campus safety. You are not required to participate if you choose not to; however, this may limit the College's ability to respond to the incident. If you request that your name or other identifying information not be used in an investigation, the College will consider your request in light of the context of its responsibility to provide a safe and nondiscriminatory environment. In most cases, information including your name may be shared with the respondent, with witnesses, and with college officials who have a legitimate need to know. Beyond that, the College will take steps to protect your identity and the identity of all individuals involved.

When Law Enforcement Is Involved

In most cases, the District/College will not wait until a criminal case is resolved before proceeding with the case. In addition, if a District/College official has a reasonable belief that a crime has been committed, they may be obligated to report that to law enforcement if police have not already been notified. In cases where a police investigation has been conducted or is being conducted, law enforcement may be able to provide some information to the Title IX Coordinator with the victim's consent. The College's fact-finding investigation may be delayed for a short period of time upon a request from law enforcement but will resume as soon as possible.

Investigation and Determination Timeframe

Most sexual violence or sexual harassment investigations conducted through the Title IX Office take up to 60 days to be resolved, depending on the complexity of the case and the number of parties involved. The College will keep a complainant advised as to the status of the case as the complainant desires and as is reasonable. The complainant will be informed of the outcome of the case in writing.

When Alcohol and Drugs Are Involved

Because the District's/College's primary concern is student safety, minor alcohol and drug violations by a complainant may be handled informally. If you are underage, you will not get in trouble if you report a sexual assault that happened while you were drinking. The use of alcohol or other drugs never makes the victim at fault for sexual violence. An individual accused of sexual misconduct does not avoid or mitigate responsibility because they were under the influence of alcohol or other drugs.

Standard of Proof

In the District's process, the complainant and respondent will not be permitted to directly question each other and are not required to be present together at any point. Both a complainant and a respondent have the right to identify witnesses and provide other information relevant to the investigation. The District/College will decide the case based on a preponderance of the evidence standard (whether or not it is more likely than not that the conduct occurred).

Remedies and Interim Sanctions

The District/College will take interim steps to protect a complainant and a respondent while the case is pending. Depending on the case, these steps may include moving classes, ordering a respondent to not have contact with the complainant, excluding a respondent from parts of campus, or providing an escort to accompany you on campus. Any adjustments made will be designed to minimize the burden on the complainant's educational program. Some of these actions may also be remedies in those cases resulting in a finding of a policy violation.

Protection from Retaliation

The District has a policy which prohibits retaliation against any employee or student who reports an incident of alleged sexual harassment or sexual violence, or any employee or student who testifies, assists, or participates in a proceeding, investigation, or hearing relating to these allegations. Respondents are informed of this provision, and any retaliation should be reported immediately to the appropriate Title IX Coordinator.

Student Bill of Rights for Victims/Survivors of Gender-Based Violence

All students have the right to

  • make a report to local law enforcement and/or state police;
  • have disclosures of domestic violence, stalking, and sexual assault treated seriously;
  • make a decision whether or not to disclose a crime or violation and participate in the judicial/conduct process and/or criminal justice process free from pressure by the institution;
  • participate in a process that is fair and impartial and that provides adequate notice and a meaningful opportunity to be heard;
  • be treated with dignity and receive from the institution courteous, fair, and respectful health care and counseling services;
  • be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  • describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  • be protected from retaliation by the institution; any student,; the respondent; and/or their friends, family, and acquaintances within the jurisdiction of the institution;
  • have access to at least one level of appeal of a determination;
  • be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, including during all meetings and hearings related to such process; and
  • exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Statute of Limitations

As explained in Board Policy and Administrative Procedure 5910: Sexual Misconduct, "The District does not limit the time for filing a complaint of Sexual Misconduct. However, incidents that are not reported while evidence is still available may reduce the District's ability to effectively investigate and respond to such complaints." Though the District encourages immediate reporting of all incidents relating to sexual misconduct, a student, employee, or third party may contact the Title IX coordinators at any time to make a report.

Student Rights and Responsibilities (Sexual Misconduct)

For a comprehensive explanation of all District policies and procedures relating to Sexual Misconduct, please see Board Policy and Administrative Procedure 5910: Sexual Misconduct.

U.S. Department of Education Office for Civil Rights

If a complainant wishes to further pursue a complaint beyond the District's process, they may refer Title IX inquires to

United States Department of Education Office for Civil Rights Civil Rights Hotline: 1-800-421-3481 ocr@ed.gov

Complainants may find these links helpful:

Coast Community College District Nondiscrimination Policy

The Coast Community College District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities. The District does not discriminate unlawfully in providing educational or employment opportunities to any person on the basis of race or ethnicity, gender, gender identity, gender expression, religion, age, national origin, sexual orientation, marital status, medical condition, pregnancy, physical or mental disability, military or veteran status, or genetic information or because he/she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.