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

For sexual harassment under Title IX, Complainants must proceed under BP 3433 Prohibition of Sexual Harassment, and AP 3434 Responding to Harassment Based on Sex under Title IX. For other forms of sexual harassment or gender-based harassment, Complainants should use this procedure.

Reporting and Filing Complaints

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 or who has learned of harassment, discrimination, or retaliation may report harassment, discrimination, or retaliation. Complainants may have the option of filing an informal complaint or formal complaint.

Informal Complaints

An informal complaint is any of the following: (1) a written allegation of harassment, discrimination, or retaliation that falls outside the timelines for a formal complaint; or (2) a written complaint alleging harassment, discrimination, or retaliation filed by an individual who expressly indicates that he/she/they does not want to file a formal complaint.

Any person may submit an informal complaint to the Director of Employee Relations and Title IX or any other College District or college administrator. Administrators receiving an informal complaint shall immediately notify the Director of Employee Relations and Title IX in writing of all pertinent information and facts alleged in the informal complaint.

Upon receipt of an informal complaint, the Director of Employee Relations and Title IX will notify the person bringing the informal complaint of his/her/their 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 Director of Employee Relations and Title IX 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 Director of Employee Relations and Title IX determines that the allegation(s), if proven true, would constitute a violation of the College District policy prohibiting harassment, discrimination, or retaliation. The Director of Employee Relations and Title IX will explain to any individual bringing an informal complaint that the Director of Employee Relations and Title IX may decide to initiate an investigation, even if the individual does not wish the Director of Employee Relations and Title IX to do so. The Director of Employee Relations and Title IX 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

A Formal Complaint is a written or verbal statement filed with the College District 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. Formal Complaints must be filed with the Director of Employee Relations and Title IX 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 Vice President of Human Resources.

The College District may request, but shall not require the Complainant to submit a formal complaint on the form prescribed by the Chancellor of the California Community Colleges. A copy of the form will be available at the Office of the Superintendent/ President, the College District’s Human Resources office, the Office of Student Services, and on the College District’s website. The Complainant shall report verbal complaints to the Director of Employee Relations and Title IX. The Director of Employee Relations and Title IX shall record the verbal complaint in writing. The Director of Employee Relations and Title IX will take steps to ensure the writing accurately reflects the facts alleged by the Complainant.

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 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 Director of Employee Relations and Title IX will promptly contact the Complainant and specify the defect. If the sole defect is that the Formal Complaint was filed outside the applicable proscribed timeline, the Director of Employee Relations and Title IX may handle the matter as an informal complaint.

Oversight of Complaint Procedure: The Director of Employee Relations and Title IX 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 Director of Employee Relations and Title IX to other staff or to outside persons or organizations under contract with the College District. This shall occur whenever the Director of Employee Relations and Title IX is named in the complaint or implicated by the allegations in the complaint.

Who May File a Formal Complaint: Any student, employee, parent of a minor, or an individual with legal authority on behalf of a student or employee who believes the student or employee 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 Formal Complaint: A student, employee, parent of a minor, or an individual with legal authority on behalf of a student or employee who believes the student or employee has been discriminated against or harassed in violation of these policy and procedures may make a complaint orally or in writing directed to the Director of Employee Relations and Title IX. Complainants may but are not required to use the form prescribed by the Chancellor of the California Community Colleges. These forms are available from the Office of the Superintendent/ President, Room 100, the College District’s Human Resources office, Room 1650, the Office of Student Services, Room S109, on the College District’s website, and at the California Community Colleges Chancellor’s Office website.

Employment-Related Complaints

Complainants filing employment-related complaints shall be notified that he/she/they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).

Any College District employee who receives a harassment or discrimination complaint shall notify the Director of Employee Relations and Title IX 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 he/she/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 Director of Employee Relations and Title IX shall: 

• Consider whether the College District can 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 all Parties that he/she/they need not participate in an informal resolution of the complaint, as described above, and he/she/they have the right to end the informal resolution process at any time. 
• Advise a student Complainant that he/she/they may file a complaint with the Office for 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 he/she/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 Director of Employee Relations and Title IX shall also notify the California Community Colleges 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 Director of Employee Relations and Title IX should notify the Complainant of his/her/their 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.

Investigation

The Director of Employee Relations and Title IX 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 the Parties opt for informal resolution, the Director of Employee Relations and Title IX 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. The College District shall notify the Complainant that the College District will commence an impartial fact-finding investigation of the allegations contained in the complaint.

As set forth above, where the Parties opt for an informal resolution, the Director of Employee Relations and Title IX 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.

Investigation Steps: 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.

Cooperation Expected: 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.

Written Report

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 description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;
• A summary of the testimony provided by each witness, including the complainant and any available witnesses identified by the Complainant in the complaint;
• An analysis of relevant data or other evidence collected during the course of the investigation, including a list of relevant documents;
• A specific finding as to whether each factual allegation in the complaint occurred based on the preponderance of the evidence standard;
• A table of contents if the report exceeds ten pages 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 student and employee Respondents during the investigation process and any ensuing discipline.

Administrative Determination

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 or summary of the report, and written notice to the Complainant setting forth all of the following:

• The Superintendent/President’s or his/her/their designee’s determination as to whether unlawful discrimination occurred with respect to each allegation in the complaint based on a preponderance of the evidence standard;
• In the event a discrimination allegation is substantiated, a description of actions taken, if any, to prevent similar acts of unlawful discrimination from occurring in the future;
• The proposed resolution of the complaint;
• The Complainant's right to appeal to the College District’s Board of Trustees and the California Community Colleges Chancellor’s Office; and
• In matters involving student sexual misconduct not subject to Title IX, the Respondent’s right to appeal to the College District’s Board of Trustees any disciplinary sanction imposed upon the Respondent.

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 and written notice to the Complainant setting forth all the following:

• The Superintendent/President’s or his/her/their designee’s determination as to whether the discrimination occurred with respect to each allegation in the complaint based on the preponderance of the evidence standard;
• If a discrimination allegation is substantiated, a description of actions taken, if any, to prevent similar acts of unlawful discrimination from occurring in the future; 
• The proposed resolution of the complaint; and
• The Complainant's right to appeal to the College District’s Board of Trustees and to file a complaint with Department of Fair Employment and Housing.

The College District shall also provide the Respondent the following:

• The Superintendent/President’s or his/her/their designee’s determination as to whether unlawful discrimination occurred with respect to each allegation in the complaint based on the preponderance of the evidence standard;
• The proposed resolution of the complaint, including any disciplinary action against the Respondent; and
• In matters involving student sexual misconduct not subject to Title IX, the Respondent's right to appeal to the College District’s Board of Trustees any disciplinary sanction imposed upon the Respondent.

Discipline for Student Sexual Misconduct Not Subject to Title IX

In a complaint involving student sexual misconduct not subject to Title IX, if a student Respondent is subject to severe disciplinary sanctions, and the credibility of witnesses was central to the investigative findings, the College District will provide an opportunity for the student Respondent to cross-examine witnesses indirectly at a live hearing, either in person or by videoconference and a live hearing conducted by a neutral decision-maker other than the investigator. The College District shall appoint a neutral third party to attend the hearing solely for the purpose of asking any questions to the witnesses. The neutral third party shall not be the student Respondent, the student Respondent’s representative, or any individual charged with making a final determination regarding discipline. The student Respondent may submit written questions before and during the cross-examination, including any follow-up questions. The neutral third-party asking questions shall not exclude any questions unless there is an objection to the question by any individual charged with making a final determination regarding discipline.

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 consistent with state and federal law. 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. 

Appeals

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/they may, within 30 days, submit a written appeal to the College District’s Board of Trustees.

In a complaint involving student sexual misconduct not subject to Title IX, a Respondent who is not satisfied with the results of the administrative determination may submit a written appeal to the College District’s Board of Trustees within 30 days.

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 the Respondent. The Complainant shall also be notified of his/her/their right to appeal this decision.

If the Board does not act within 45 days, the administrative determination shall be deemed approved on the forty-sixth day and shall become the final decision of the College District in the matter. The College District shall promptly notify the Complainant and the Respondent of the Board's action, or if the Board took no action, that the administrative determination is deemed approved. 

In any case not involving workplace discrimination, harassment, or retaliation, the Complainant shall have the right to file a written appeal with the California Community Colleges 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.

Remand

The California Community College Chancellor’s Office may remand any matter to the College District for any of the following reasons: to cure defects in the investigation or in procedural compliance; to consider new evidence not available during the investigation despite the Complainant's due diligence that would substantially impact the outcome of the investigation; or to modify or reverse a decision of the College District’s Board of Trustees based upon misapplication of an applicable legal standard or an abuse of discretion.

If the California Community College Chancellor’s Office remands a matter to the College District, the College District shall take necessary action and issue a decision after remand within 60 days. In any case not involving employment discrimination, the Complainant may appeal the College District's amended determination to the California Community College Chancellor’s Office within 30 days by following the appeal procedures above.

Extension of Time

If the College District is unable to comply with the 90-day deadline, the College District may extend the time to respond by up to 45 additional days. An extension may be taken only once without permission from the California Community Colleges Chancellor’s Office, and must be necessary for one of the following reasons:

• a need to interview a party or witness who has been unavailable;
• a need to review or analyze additional evidence, new allegations, or new complaints related to the matter; or
• to prepare and finalize an administrative determination.

The College District shall send a written notice to the Complainant and to a Respondent who is aware of an investigation indicating the necessity of an extension, the justification for the extension, and the number of days the deadline will be extended. The College District shall send this notice no later than 10 days prior to the initial time to respond.

The College District may request additional extensions from the California Community Colleges Chancellor’s Office after the initial 45-day extension. The College District shall send a copy of the extension request to the Complainant and to a Respondent who is aware of an investigation. The Complainant and Respondent may each file a written objection with the California Community Colleges Chancellor’s Office within 5 days of receipt.

Disclosures to the California Community Colleges Chancellor’s Office

Upon request of the California Community Colleges Chancellor’s Office, the College District shall provide copies of all documents related to a discrimination complaint, including the following: the original complaint, any investigative report unless subject to the attorney-client privilege, the written notice to the Complainant setting forth the results of the investigation, the final administrative decision rendered by the Board or a statement indicating the date upon which the decision became final, and a copy of the notification to the Complainant of his/her/their appeal rights, the Complainant’s appeal of the College District’s administrative determination, any other non-privileged documents or information the Chancellor requests.

The College District shall provide to the California Community Colleges Chancellor’s Office an annual report with the following information: the number of employment and non-employment discrimination complaints and informal charges received in the previous academic year; the number of complaints and informal charges resolved in the previous academic year; the number of complaints of unlawful discrimination received in the previous academic year, and the number of those complaints that were sustained in whole or in part; and any other information requested by the Chancellor.

File Retention

The College District will retain on file for a period of at least five 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 Parties, of the College District’s administrative determination and the right to appeal;
• any appeal; and
• the College District’s final decision.

For any appeal to the California Community Colleges Chancellor’s Office, the College District shall provide all relevant, non-privileges documents upon request of the Chancellor. 

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.

Training

By January 1, 2021, the College District shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees. All new employees must be provided with the training and education within six months of his/her/their assumption of his/her/their position. After January 1, 2021, the College District shall provide sexual harassment training and education to each employee once every two years. An employee who received this training and education in 2019 is not required to have refresher training until after two years thereafter.

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, a review of “abusive conduct,” and harassment based on gender identity, gender expression, and sexual orientation. 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, and appropriate remedial measures to correct harassing behavior.

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 also provide, at a minimum, training 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)