Discrimination and Harassment Complaints and Investigations (AP 3435)
References: 20 U.S.C. Section 1681 et seq.; Education Code Sections 212.5, 231.5, 66281.5, and 67386; Government Code Section 12950.1; Title 5 Sections 59320, 59324, 59326, 59328, and 59300 et seq.; Title 2 Sections 11023 and 11024; 34 Code of Federal Regulations Section 106.8(b)
This procedures apply to all discrimination and harassment complaints and investigations. For additional information regarding policies and procedures that apply to sexual misconduct, see section under Sexual Misconduct.
The law prohibits coworkers, supervisors, managers, and third parties with whom an employee comes into contact from engaging in harassment, discrimination, or retaliation. Any person who has suffered harassment, discrimination, or retaliation may file a formal or informal complaint of harassment, discrimination, or retaliation. For complaints involving sexual discrimination, please refer to page 11.
A formal complaint is a written and signed statement filed with the College District or the California Community College Chancellor’s Office that alleges harassment, discrimination, or retaliation in violation of the College District’s Board Policies, Administrative Procedures or in violation of state or federal law. An informal complaint is any of the following: (1) An unwritten allegation of harassment, discrimination, or retaliation; (2) a written allegation of harassment, discrimination, or retaliation that falls outside the timelines for a formal complaint; or (3) a written complaint alleging harassment, discrimination, or retaliation filed by an individual who expressly indicates that he/she does not want to file a formal complaint.
Any person may submit an informal complaint to the Vice President for Human Resources or any other College District or college administrator. Administrators receiving an informal complaint shall immediately notify the Vice President for Human Resources in writing of all pertinent information and facts alleged in the informal complaint.
Upon receipt of an informal complaint, the Vice President for Human Resources will notify the person bringing the informal complaint of his/her right to file a formal complaint, if the incident falls within the timeline for a formal complaint, and explain the procedure for doing so. The complainant may later decide to file a formal complaint, if within the timelines to do so. If the individual chooses not to file a formal complaint, or if the alleged conduct falls outside the timeline to file a formal complaint, the Vice President for Human Resources shall consider the allegations contained in the informal complaint and determine the appropriate course of action. This may include efforts to informally resolve the matter, or a fact-finding investigation.
Investigation of an informal complaint will be appropriate if the Vice President for Human Resources determines that the allegation(s), if proven true, would constitute a violation of the College District policy prohibiting harassment, discrimination, or retaliation. The Vice President for Human Resources will explain to any individual bringing an informal complaint that the Vice President for Human Resources may decide to initiate an investigation, even if the individual does not wish the Vice President for Human Resources to do so. The Vice President for Human Resources shall not disregard any allegations of harassment, discrimination, or retaliation solely on the basis that the alleged conduct falls outside the deadline to file a formal complaint.
Formal Complaints must be filed with the California Community College Chancellor’s Office or the Vice President for Human Resources unless the party submitting the Formal Complaint alleges discrimination, harassment, or retaliation against the responsible College District officer, in which case it should be submitted directly to the Superintendent/President or the California Community College Chancellor’s Office.
Formal Complaints should be submitted on the form prescribed by the California Community College Chancellor’s Office. A copy of the form will be available at the office of the Superintendent/President, Room 100, the College District’s Human Resources office, Room 1650, the Office of Student Services, Room S109, and on the College District’s web site.
If any party submits a written allegation of harassment, discrimination, or retaliation not on the form described above, the College District will seek to have the individual complete and submit the form. However, if the individual chooses not to do so, the College District will attach the written allegation(s) to the form and treat it as a Formal Complaint. In no instance will the College District reject a written allegation of harassment, discrimination, or retaliation on the basis that it was not submitted on the proper form.
A Formal Complaint must meet each of the following criteria:
- It must allege facts with enough specificity to show that the allegations, if true, would constitute a violation of College District policies or procedures prohibiting discrimination, harassment, or retaliation;
- The complainant must sign and date the Formal Complaint;
- The complainant must file any Formal Complaint not involving employment within one year of the date of the alleged discriminatory, harassing, or retaliatory conduct or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation(s) of discrimination, harassment, or retaliation.
- The complainant must file any Formal Complaint alleging discrimination, harassment, or retaliation in employment within 180 days of the date of the alleged discriminatory, harassing, or retaliatory conduct, except that this period shall be extended by no more than 90 days following the expiration of the 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the 180 days.
If the Formal Complaint does not meet the requirements set forth above, the Vice President for Human Resources will promptly return it to the complainant and specify the defect. If the sole defect is that the Formal Complaint was filed outside the applicable proscribed timeline, the Vice President for Human Resources will handle the matter as an informal complaint.
Oversight of Complaint Procedure: The Vice President for Human Resources is the "responsible College District officer" charged with receiving complaints of discrimination or harassment, and coordinating their investigation.
The actual investigation of complaints may be assigned by the Vice President for Human Resources to other staff or to outside persons or organizations under contract with the College District. This shall occur whenever the Vice President for Human Resources is named in the complaint or implicated by the allegations in the complaint.
Who May File a Complaint: Any student, employee, or third party who believes he/she has been discriminated against or harassed by a student, employee, or third party in violation of this procedure and the related policy.
Where to File a Complaint: A student, employee, or third party who believes he/she has been discriminated against or harassed in violation of these policy and procedures may make a complaint orally or in writing.
If a complainant decides to file a formal written unlawful discrimination or harassment complaint against the College District, he/she must file the complaint on a form prescribed by the California Community College Chancellor’s Office. These approved forms are available from the Office of the Vice President for Human Resources, the College District’s website, and at the California Community College Chancellor’s Office website.
The completed form must be filed with any of the following:
- the Vice President for Human Resources
- the Vice President for Business & Financial Affairs
- the Vice President for Student Affairs
- the Vice President for Academic Affairs
- the Superintendent/President; or
- the California Community College Chancellor’s Office
Complainants filing employment-related complaints shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).
Complaints filed with the EEOC or the DFEH should be forwarded to the California Community College Chancellor’s Office.
Any College District employee who receives a harassment or discrimination complaint shall notify the Vice President for Human Resources immediately.
Filing a Timely Complaint: Since failure to report harassment and discrimination impedes the College District’s ability to stop the behavior, the College District strongly encourages anyone who believes they are being harassed or discriminated against, to file a complaint. The College District also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the College District’s ability to investigate and remediate.
All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination; the existence of a hostile, offensive or intimidating work environment, and acts of retaliation.
The College District will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student’s or employee’s ability to participate in or benefit from the College District’s programs or activities.
Communicating that the Conduct is Unwelcome: The College District further encourages students and staff to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste or inappropriate.
Intake and Processing of the Complaint: Upon receiving notification of a harassment or discrimination complaint, the Vice President for Human Resources shall:
- Undertake efforts to informally resolve the charges, including but not limited to mediation, rearrangement of work/academic schedules; obtaining apologies; providing informal counseling, training, etc.
- Advise the complainant that he/she need not participate in an informal resolution of the complaint, as described above, and has the right to end the informal resolution process at any time.
- Advise a student complainant that he/she may file a complaint with the Office of Civil Rights of the U.S. Department of Education and employee complainants may file a complaint with the Department of Fair Employment and Housing. All complainants should be advised that they have a right to file a complaint with local law enforcement, if the act complained of is also a criminal act. The College District must investigate even if the complainant files a complaint with local law enforcement. In addition, the College District should ensure that complainants are aware of any available resources, such as counseling, health, and mental health services. The Vice President for Human Resources shall also notify the California Community College Chancellor’s Office of the complaint.
- Take interim steps to protect a complainant from coming into contact with an accused individual, especially if the complainant is a victim of sexual violence. The Vice President for Human Resources should notify the complainant of his/her options to avoid contact with the accused individual and allow students to change academic situations as appropriate. For instance, the College District may prohibit the accused individual from having any contact with the complainant pending the results of the investigation. When taking steps to separate the complainant and accused individual, the College District shall minimize the burden on the complainant. For example, it is not appropriate to remove complainants from classes or housing while allowing accused individuals to remain.
The Vice President for Human Resources shall:
- Authorize the investigation of the complaint, and supervise or conduct a thorough, prompt and impartial investigation of the complaint, as set forth below. Where complainants opt for informal resolution, the designated officer will determine whether further investigation is necessary to ensure resolution of the matter and utilize the investigation process outlined below as appropriate. In the case of a formal complaint, the investigation will include interviews with the complainant, the accused, and any other persons who may have relevant knowledge concerning the complaint. This may include victims of similar conduct.
- Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, or other unlawful discriminatory conduct, giving consideration to all factual information and the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct, and the context in which the alleged incidents occurred.
Investigation of the Complaint:
The College District shall promptly investigate every complaint and claim of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. This includes complaints involving activities that occur off campus and in connection with all the academic, educational, extracurricular, athletic, and other programs of the College District, whether those programs take place in the College District’s facilities, on a College District bus, or at a class or training program sponsored by the College District at another location. The College District shall promptly investigate complaints of harassment or discrimination that occur off campus if the alleged conduct creates a hostile environment on campus.
As set forth above, where the complainant opts for an informal resolution, the Vice President for Human Resources may limit the scope of the investigation, as appropriate. The College District will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation. When determining whether to maintain confidentiality, the College District may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the complainant’s age; whether there have been other harassment complaints about the same individual; and the accused individual’s rights to receive information about the allegations if the information is maintained by the College District as an “education record” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S. Code Section 1232g; 34 Code Federal Regulations Part 99.15. The College District will inform the complainant if it cannot maintain confidentiality.
The College District will fairly and objectively investigate harassment and discrimination complaints. Employees designated to serve as investigators under this policy shall have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the College District’s grievance procedures operate. The investigator may not have any real or perceived conflicts of interest and must be able to investigate the allegations impartially.
Investigators will use the following steps: interviewing the complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses and evidence identified by each party; identifying and interviewing any other witnesses, if needed; reminding all individuals interviewed of the College District’s no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic files of all involved parties; reach a conclusion as to the allegations and any appropriate disciplinary and remedial action; and see that all recommended action is carried out in a timely fashion. When the College District evaluates the complaint, it shall do so using a preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the College District will decide whether it is more likely than not that discrimination or harassment has occurred.
Timeline for Completion: The College District will undertake its investigation promptly and swiftly as possible. To that end, the investigator shall complete the above steps, and prepare a written report within 90 days of the College District receiving the complaint.
All employees are expected to cooperate with a College District investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the College District to investigate thoroughly and respond effectively. However, lack of cooperation by a complainant or witnesses does not relieve the College District of its obligation to investigate. The College District will conduct an investigation if it is discovered that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed. No employee will be retaliated against as a result of lodging a complaint or participating in any workplace investigation.
The results of the investigation of a complaint shall be set forth in a written report that will include at least all of the following information:
- A description of the circumstances giving rise to the Formal Complaint;
- A summary of the testimony provided by each witness interviewed by the investigator; An analysis of relevant evidence collected during the course of the investigation;
- A specific finding as to whether there is probable cause to believe that discrimination, harassment, or retaliation occurred with respect to each allegation in the complaint; and
- Any other information deemed appropriate by the College District.
Confidentiality of the Process
Investigations are best conducted within a confidential climate. Therefore, the College District does not reveal information about ongoing investigations except as necessary to fulfill its legal obligations. The College District will keep the investigation confidential to the extent possible, but it cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation and to protect the rights of accused students and employees during the investigation process and any ensuing discipline.
- In any case not involving employment discrimination, within 90 days of receiving a formal complaint, the College District shall complete its investigation and forward a copy of the investigative report to the California Community College Chancellor’s Office, a copy or summary of the report to the complainant, and written notice setting forth all of the following to both the complainant and the Chancellor
- The determination of the Superintendent/President or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint
- A description of actions taken, if any, to prevent similar problems from occurring in the future;
- The proposed resolution of the complaint; and The complainant's right to appeal to the College District governing board and the Chancellor.
- In any case involving employment discrimination, within 90 days of receiving a formal complaint, the College District shall complete its investigation and forward a copy or summary of the report to the complainant, and written notice setting forth all the following to the complainant:
- The determination of the Superintendent/President or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint;
- A description of actions taken, if any, to prevent similar problems from occurring in the future;
- The proposed resolution of the complaint; and
- The complainant's right to appeal to the College District governing board and to file a complaint with Department of Fair Employment and Housing or the U.S Equal Employment Opportunity Commission.
Discipline and Corrective Action
If harassment, discrimination or retaliation occurred in violation of the policy or procedure, the College District shall take disciplinary action against the accused and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. Remedies for the complainant might include, but are not limited to:
- providing an escort to ensure that the complainant can move safely between classes and activities;
- ensuring that the complainant and alleged perpetrator do not attend the same classes or work in the same work area;
- preventing offending third parties from entering campus;
- providing counseling services or a referral to counseling services;
- providing medical services or a referral to medical services;
- providing academic support services, such as tutoring;
- arranging for a student-complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant’s academic record; and
- reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined.
If the College District imposes discipline, the nature of the discipline will not be communicated to the complainant. However, the College District may disclose information about the sanction imposed on an individual who was found to have engaged in harassment when the sanction directly relates to the complainant; for example, the College District may inform the complainant that the harasser must stay away from the complainant.
Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies and procedures, including the provisions of any applicable collective bargaining agreement.
The College District shall also take reasonable steps to protect the complainant from further harassment, or discrimination, and to protect the complainant and witnesses from retaliation as a result of communicating the complaint or assisting in the investigation.
The College District will ensure that complainants and witnesses know how to report any subsequent problems, and should follow-up with complainants to determine whether any retaliation or new incidents of harassment have occurred. The College District shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible without impeding the College District’s ability to investigate and respond effectively to the complaint.
If the College District cannot take disciplinary action against the accused individual because the complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence.
If the College District imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision.
If the complainant is not satisfied with the results of the administrative determination, he/she may, within fifteen (15) days, submit a written appeal to the Board of Trustees. The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final College District decision in the matter within 45 days after receiving the appeal. A copy of the decision rendered by the Board shall be forwarded to the complainant and to the California Community College Chancellor’s Office. The complainant shall also be notified of his/her right to appeal this decision.
If the Board does not act within 45 days the administrative determination shall be deemed approved and shall become the final decision of the College District in the matter.
In any case not involving workplace discrimination, harassment, or retaliation, the complainant shall have the right to file a written appeal with the State Chancellor’s Office within 30 days after the Board issued the final College District decision or permitted the administrative decision to become final. Such appeals shall be processed pursuant to the provision of Title 5 Section 59350.
In any case involving employment discrimination, including workplace harassment, the complainant may, at any time before or after the issuance of the final decision of the College District, file a complaint with the Department of Fair Employment and Housing.
Extension of Time
Within 150 days of receiving a formal complaint, the College District shall forward to the State Chancellor’s Office the original complaint, the investigative report, a copy of the written notice to the complainant setting forth the results of the investigation, a copy of the final administrative decision rendered by the Board or indicating the date upon which the decision became final, and a copy of the notification to the complainant of his/her appeal rights. If, due to circumstances beyond its control, the College District is unable to comply with the 150-day deadline for submission of materials, it may file a written request for an extension of time no later than ten days prior to the expiration of the deadline.
The College District will retain on file for a period of at least three years after closing the case copies of:
- the original complaint;
- the investigatory report;
- the summary of the report if one is prepared;
- the notice provided to the complainant, of the College District’s administrative determination and his/her right to appeal;
- any appeal; and
- the College District’s final decision.
The College District will make such documents available to the California Community College Chancellor’s Office upon request.
WHERE THE COMPLAINT ALLEGATION CONSISTS OF SEXUAL MISCONDUCT, AS DEFINED BY TITLE IX, THE FOLLOWING APPLIES:
- Sexual misconduct includes sexual harassment and sexual violence.
- Sexual harassment may include unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or education setting.
- Sexual violence refers to physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability. Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion.
- Affirmative consent means an affirmative, conscious, and voluntary agreement to engage in sexual activity.
- Sexual misconduct creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the College District’s program. A single or isolated incident may create a hostile environment if the incident is sufficiently severe.
The College District’s sexual misconduct complaint reporting, investigative and appeal process and procedures are contained in the College District’s Sexual Misconduct Handbook, which is found on the College District’s website and will be provided to all complainants and respondents in sexual misconduct investigations. Copies of the College District’s Sexual Misconduct Handbook is available on the college website, and in hard copy in the following offices: Employee Relations & Title IX, Human Resources, Student Services, and the Campus Police.
Where the complaint involves a minor, the College District will comply with California mandated reporting requirements.
All responsible employees are required to report all actual or suspected sexual misconduct to the Director of Employee Relations and Title IX immediately. A responsible employee is any employee who has the authority to take action to redress sexual misconduct, who has been given the duty of reporting incidents of sexual misconduct to the Director of Employee Relations & Title IX (henceforth referred to as Title IX Director), Vice President for Human Resources, or whom a student or employee could reasonably believe has this authority or duty. The College District is on notice if a responsible employee knew, or in the exercise of reasonable care should have known, about the sexual misconduct.
Any person may make a complaint by contacting the Title IX Director or the Vice President for Human Resources directly. The Title IX Director, or designee, will receive all relevant details about the alleged sexual misconduct reported to the College District responsible employee in order to determine what occurred and how to resolve the situation. This includes the names of alleged victim and alleged perpetrator (if known), and the date, time, and location of the alleged sexual misconduct.
Privileged or Confidential Reporting:
A College District responsible employee should, whenever possible, before a student or employee reveals information that he/she may wish to keep confidential, ensure that the person making the report understands the employees obligations to report to the Title IX Director, the victims option to request confidentiality, which the College District will take into consideration, and the victims ability to share the information confidentially with designated College District employees.
Professional, licensed, mental health counselors, who provide mental-health counseling to members of the College District community, and others supervised by professional licensed counselors, are not required to report any information to the Title IX Director.
Non-professional counselors who work or volunteer at the college, including front desk personnel and student employees in the course of their duties, may maintain confidentiality. They are not required to report actual or suspected sexual misconduct to the Title IX Director in a way that identifies the student without the victims consent.
Authority over Parties:
The College District has authority over students, employees, and third parties for alleged violations of this policy and procedure that occur on College District property. The College District has authority over College District employees and students for alleged violations of this policy that occur at College District activities or events. The College District may exercise authority over events that occur off-campus to determine if the conduct occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity.
Standard of Proof:
The College District will use a “preponderance of the evidence” standard of proof in determining whether there has been a violation of this policy. This standard of proof is also known as “more likely than not” standard.
Upon Receiving the Complaint – Health and Safety:
The Title IX Director, together with the Vice President for Human Resources, in consultation with the Chief of College Police & Safety, and the Dean for Student Services (if students are involved), will make an immediate assessment concerning the health and safety of the victim and campus community as a whole. The College District will provide the reporting party and responding party with immediate, interim measures necessary to protect his or her health and safety. These immediate, interim measures may include actions such as providing an escort to ensure that the victim can move safely between classes, ensuring that the victim and perpetrator do not attend the same classes or work in the same area, preventing offending third parties from entering campus, providing counseling services or a referral to counseling services, providing academic support services, such as tutoring, arranging for a victim to retake a course or withdraw from a course without penalty, including ensuring that any changes do not adversely affect the victims’ academic record, and reviewing any disciplinary actions taken against the victim to see if there is a causal connection between the harassment, discrimination, or retaliation and the misconduct that may have resulted in the victim being disciplined.
Where the College District determines that there is a substantial threat to the college community, it will issue a timely warning. The College District will issue the warning according to College District Administrative Procedures. The College District will not disclose the victim’s name or other identifying information when issuing the warning.
Communicating that the Conduct is Unwelcome:
The employee or student may, but is not required to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste, or inappropriate. This is not required.
Intake and Processing of the Complaint:
If the College District determines that a sexual misconduct complaint is appropriate for informal resolution, it may permit an informal resolution, including mediation. All parties, including the complainant and respondent, must receive full disclosure of the allegations and information about options for formal resolution before voluntarily agreeing to participate in an informal resolution. If parties agree to an informal resolution, the College District does not have to complete a full investigation and adjudication of a report of sexual misconduct.
Where the victim requests confidentiality regarding a reportable incident, the College District will take all reasonable steps to comply with the victim’s request or inform the victim when it cannot ensure confidentiality. The College District will not disclose the name of the victim unless the victim provides written consent after being informed of his or her right to have the information withheld. Where the victim insists that the College District not disclose his or her name or other identifiable information to the alleged perpetrator, the College District will inform the victim that its ability to respond will be limited. The College District will evaluate this request in the context of its responsibility to provide a safe and nondiscriminatory environment for all employees and students. When weighing a request for confidentiality against the seriousness of the alleged harassment, the Title IX Director, or designee, will take the factors listed above into consideration.
Where the victim has filed a criminal complaint with local law enforcement, the College District will consider what information the College District is able to share, pursuant to state and federal law, to ensure that victims are not unnecessarily required to give multiple statements about a traumatic event. The College District will continue to conduct its own thorough, reliable, prompt, and impartial investigation. The College District will normally complete its sexual misconduct investigation within 90 calendar days of receiving the complaint, unless extended by the Title IX administrator, or designee, for good cause. The Title IX administrator, or designee, will notify the victim and accused in writing of the reason for the extension and the projected new timeline.
The victim and accused will have equal opportunity to present relevant witnesses and other evidence to the College District investigator. The College District will provide the same opportunities to the victim and accused, for example if the College District permits the victim or accused to have a lawyer or other advisor present, it must do so for the other party. Any College District imposed restrictions on the ability of a lawyer or other advisor to speak or participate in the interview must also apply equally.
The results of the fact-finding investigation will be set out in a formal investigative report which will include the requirements listed above and a credibility determination of the victim, accused, and witnesses.
The College District will provide written notice of the outcome of the investigation to the reporting and responding parties. Notice of the investigation outcome includes a summary of the allegations, the investigative process, the Preponderance of the Evidence standard, the evidence considered, the findings of fact, a determination as to whether the behavior violated College District policy, and if so, any remedies to be afforded to the reporting party. If the outcome is that College District policies were not violated, the notice shall inform the reporting party of his/her right to file an appeal.
The College District will provide a separate written notice to the responding party indicating whether the allegations were substantiated. If the investigation outcome is that College District policy was not
Reporting to California Community College Chancellor’s Office:
The College District considers all sexual misconduct complaints to be formal complaints. The Title IX Director, or designee, must notify the California Community College Chancellor’s Office of any sexual misconduct complaints. Upon completing the investigation, the College District shall forward to the Chancellor’s Office a copy of the investigative report and administrative determination and to the complainant a copy or summary of the investigative report and administrative determination.
Reporting to The Authority
The College District will, consistent with recommendations to the Statewide Association of Community Colleges (SWACC) Memorandum of Coverage (MOC), provide written notice to The Authority within thirty (30 days) of incidents involving molestation, sexual assault, and abuse. The notice shall contain particulars including names and addresses of the injured, unless the injured person requested anonymity as provided by relevant state and federal statutes and regulations.
Dissemination of Policy and Procedures
College District Policy and Procedures related to harassment will include information that specifically addresses sexual violence. College District policy and procedures will be provided to all students, faculty members, members of the administrative staff and members of the support staff, and will be posted on campus and on the College District’s website.
When hired, employees are required to sign that they have received the policy and procedures, and the signed acknowledgment of receipt is placed in each employee’s personnel file. In addition, these policies and procedures are incorporated into the College District's course catalogs and orientation materials for new students.
All new supervisory employees must be provided with the training and education within six months of their assumption of a supervisory position. In addition, the College District shall provide sexual harassment training and education to each supervisory employee once every two (2) years.
The training and education required by this procedure shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. Supervisor’s harassment training must also address potential exposure and liability for employers and individuals, supervisor’s obligation to report sexual harassment, discrimination, and retaliation when they become aware of it, appropriate remedial measures to correct harassing behavior, and a review of “abusive conduct.”
The College District will maintain appropriate records of the training provided, including the names of the supervisory employees trained, the date of training, sign in sheets, copies of all certificates of attendance or completion issued, the type of training provided, a copy of all written or recorded training materials, and the name of the training provider. If the training is provided by webinar, the College District will maintain a copy of the webinar, all written materials used by the training and all written questions submitted during the webinar, and document all written response or guidance the trainer provided during the webinar. The College District will retain these records for at least two years.
The College District will provide all college employees an opportunity for training. This includes counselors, faculty, health personnel, law enforcement officers, coaches, and all staff who regularly interact with students. Training for academic staff should emphasize environmental harassment in the classroom. The training opportunities will be provided to students who lead student organizations. The College District should provide copies of the sexual harassment policies and training to all College District law enforcement unit employees regarding the grievance procedures and any other procedures used for investigating reports of sexual violence.
In years in which a substantive policy or procedural change has occurred, all College District employees will attend a training update or receive a copy of the revised policies and procedures.
Participants in training programs will be required to sign a statement that they have either understood the policies and procedures, their responsibilities, and their own and the College District’s potential liability, or that they did not understand the policy and desire further training.
Education and Prevention for Students
In order to take proactive measures to prevent sexual harassment and violence toward students, the College District will provide preventive education programs and make victim resources, including comprehensive victim services, available. The College District will include such programs in their orientation programs for new students, and in training for student athletes and coaches. These programs will include discussion of what constitutes sexual harassment and sexual violence, the College District’s policies and disciplinary procedures, and the consequences of violating these policies. A training program or informational services will be made available to all students at least once annually.
The education programs will also include information aimed at encouraging students to report incidents of sexual violence to the appropriate College District and law enforcement authorities. Since victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of College District or campus rules were involved, the College District will inform students that the primary concern is for student safety and that use of alcohol or drugs never makes the victim at fault for sexual violence. If other rules are violated, the College District will address such violations separately from an allegation of sexual violence.
Discrimination and Harassment Complaints and Investigations (Administrative Procedure 3430)