Title IX & EEO

Equal Employment Opportunity (EEO) is fair treatment in employment, promotion, training, and other personnel actions without regard to race, color, religion, sex, age, national origin, and physical or mental disability. These laws prohibit specific types of job discrimination in certain workplaces. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal EEO laws. The EEOC investigates charges of discrimination against covered employers and can file lawsuits to protect individuals' rights. 

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Title IX is a federal law that prohibits discrimination on the basis of sex in any educational program or activity that receives federal funding. It was enacted in 1972 and has since been amended to include sexual harassment and sexual violence as forms of sex discrimination. The text of Title IX is below:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
- Title IX of the Education Amendments of 1972

Title IX applies to all College District programs and activities, including but not limited to recruitment, admissions, off-campus activities, counseling, financial assistance, athletics, student organizations and clubs, discipline, single-sex education, and employment.

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As a student, Title IX impacts you in several ways. It establishes your right to equal access to educational opportunities regardless of your gender and prohibits sexual harassment, sexual assault, and other forms of gender-based violence. If you experience any of these issues, you can file a complaint with College District’s Title IX & EEO Office. Below are a few examples of Title IX’s impact.

Title IX requires schools to have policies and procedures in place to address and prevent sexual harassment and sexual violence. This includes providing training on how to recognize and report these issues.

If you are a pregnant student, you must be allowed to continue participating in classes and extracurricular activities. This means you can still participate in classes, clubs, sports, honor societies, student leadership opportunities, and other activities operated at the school. If you require absences due to pregnancy or childbirth or related illnesses, you must be excused. You must be provided with the same temporary services, and reasonable adjustments, provided to other students with temporary medical conditions.

If you are a lactating student, you are afforded protections by Title IX and must be allowed breaks to express milk in a safe, clean and secure environment within close proximity.

If you are an athlete, Title IX requires your school to provide equal opportunities for both male and female athletes. This includes equal funding, equipment and facilities.

Title IX also sometimes prohibits school policies and procedures that disproportionately affect women or girls in an adverse way.

A very important fact about Title IX is that it prohibits retaliation against an individual for opposing or reporting harassment and/or discrimination, complaining about harassment and/or discrimination, or participating in a harassment and/or discrimination investigation.

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Title IX of the Education Amendments of 1972 is often associated with protecting students from sex-based discrimination, but it also has important implications for employees—including faculty, staff, and administrators—on a community college campus. Here's how it impacts you:

Protection Against Sex-Based Discrimination

Title IX prohibits discrimination based on sex in any educational program or activity receiving federal financial assistance. This means employees are protected from: Unequal pay for equal work; Discrimination in hiring, promotion, tenure, or job assignments; Retaliation for complaining about sex discrimination; Pregnancy discrimination; Gender identity and sexual orientation discrimination (as clarified by recent interpretations).

Sexual Harassment and Misconduct

Employees are protected under Title IX from: Sexual harassment by colleagues, supervisors, or students; Hostile work environments based on sex; Quid pro quo harassment (e.g., promotion in exchange for sexual favors); Institutions are required to investigate and address reports of sexual harassment or assault involving employees, not just students.

Mandatory Reporting

Many employees, especially faculty and staff in supervisory or advisory roles, are considered "responsible employees" under Title IX. This means they are required to report any known or suspected Title IX violations (such as student reports of sexual harassment) to the institution’s Title IX coordinator.

Training and Compliance

Community colleges are required to: Provide Title IX training to employees (especially around recognizing and reporting harassment); Designate a Title IX Coordinator responsible for compliance; Ensure policies are in place and clearly communicated to staff.

Equitable Treatment in Athletics and Programs

If employees are involved in managing or coaching sports or other extracurricular programs, Title IX requires equitable treatment and funding for male and female programs. This also affects hiring practices and working conditions in those departments.

Procedural Rights

Employees who are accused of Title IX violations are entitled to due process under institutional policies. Similarly, employees who file complaints are protected from retaliation and are entitled to a fair and prompt resolution.

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The most recent changes to Title IX were made in 2020. On May 6th, 2020, the U.S. Department of Education, Office for Civil Rights (OCR), released a final version of the new Title IX Regulations. The changes to Title IX became effective August 14, 2020. The changes affect the way institutions and local education agencies are required to respond to allegations of sexual harassment and they specifically define that sexual harassment is a form of sex discrimination. The Title IX amendments of 2020 can be found in the Code of Federal Regulations at 34 CFR Part 106.

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The following College District policies and procedures have been established to comply with the Title IX mandates:

• BP 3430 Prohibition of Harassment
• BP 3433 Prohibition of Sexual Harassment under Title IX
• BP 3540 Sexual and Other Assaults on Campus
• AP 3430 Prohibition of Harassment
• AP 3433 Prohibition of Sexual Harassment under Title IX
• AP 3434 Responding to Harassment Based on Sex under Title IX
• AP 3435 Discrimination and Harassment Complaints and Investigations
• AP 3540 Sexual and Other Assaults on Campus
• AP 5530 Student Rights and Grievances

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Contact the Title IX & EEO Officer at the College District by any of the following means:

Mardi Walters, Ed.D.
(she/her)
Title IX & EEO Officer
900 Otay Lakes Road | Chula Vista, CA  91910
Direct email: mwalters2@swccd.edu 
Title IX office email: swcertix@swccd.edu 
(619) 482-6329

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There are two reporting forms listed below in the boxes. The first form, which is titled “DHR” is for reporting incidents of discrimination, harassment and retaliation that do not involve sexual misconduct. The second form, which is titled “Sexual Misconduct” is for reporting Sexual Misconduct or Exploitation, Sexual Assault, Dating Violence, Domestic Violence and/or Stalking.

If you are unsure of which form to use, contact the Title IX & EEO Office at: swcertix@swccd.edu.

Rights and Reporting Options (PDF)

Discrimination, Harassment & Retaliation (PDF)                            Sexual Misconduct (PDF)                              

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Upon receipt of any complaint related to potential Title IX violation, the Title IX Coordinator will ensure every allegation is investigated promptly, adequately and impartially. The Title IX & EEO Officer will also take steps to protect all complainants, respondents and participants from retaliation, to maintain confidentiality (to the extent possible), and ensure all parties are treated fairly and provided due process through the investigation process. 

As part of its Title IX obligations, the Title IX & EEO Officer will take steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. 

The College District’s procedure for investigating a Title IX complaint can be found in Administrative Procedure 3435.

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You can learn more about your rights and your school’s obligations under Title IX through the following links:

• Office for Civil Rights, U.S. Department for Education: Title IX and Sex Discrimination
• U.S. Department of Justice: Title IX Legal Manual
• California Department of Education, Equal Opportunity and Access: Gender Equity/Title IX
• California Sex Equity in Education Act: list of rights, based on the relevant provisions of the federal regulations implementing Title IX
• U.S. Equal Employment Opportunity Commission: Enforcement Guidance on Pregnancy Discrimination and Related Issues
   

To learn more about filing a complaint with the Office of Civil Rights (OCR), please visit:
OCR Complaint Forms

For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481, TDD 800-877-8339.

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The nonconsensual viewing, sharing, recording and or dissemination of sexual and intimate images of another is a form of image based sexual abuse and sexual harassment that is not only prohibited under Title IX, but is also a crime under California law and in many other states.

We use the phrase “nonconsensual viewing, sharing, recording and dissemination of sexual and intimate images” instead of the commonly used term “revenge porn,” as the use of the latter has been problematic in accurately defining the full depth of conduct associated with this behavior.[1] 

California Law

California Penal Code § 647(j)(4) prohibits revenge porn, by making it illegal to post sexually explicit images or videos of someone without their consent and it causes them serious emotional distress.

A conviction of California Penal Code § 647(j)(4) is punishable by

• up to 6 months in jail and
• a fine of up to $1000.00

These penalties increase to up to one year in jail, and/or a fine of up to $2,000 if:

• you have one or more prior convictions for revenge porn, or
• the victim was a minor at the time.

The language of 647(j)(4) PC states that:

“A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.“

^{[1] (DiTullio & Sullivan, 2019; Gasso et al., 2021; Henry et al., 2019; Maddocks, 2018; Walker & Sleath, 2017).}

Examples

• taking naked pictures of an ex-lover/partner, and after the breakup, posting the images on social media.
• recording a person in a sexual act and then uploading the video on an internet sex site.
• taking upskirt photographs of a woman (with her consent) with a smartphone, and then posting them on social media without her consent.

Definitions:

• the genitals,

• the anus,

• and (in the case of a female) any portion of the breasts below the top of the areola.

2. “Identifiable person” means that it is probable that someone could identify the victim.

a. you personally distribute it, or

b. intentionally cause another person to distribute it.

Examples include sending the image through email, text messages, social media, another electronic device, or in person, or posting on a porn site.

• in the course of reporting unlawful activity
• when complying with a subpoena or other court order for use in a legal proceeding, or
• when acting in the course of a lawful public proceeding.

Federal Law

As of February 2024, there is no federal, criminal statute concerning the nonconsensual viewing, sharing, recording and disseminating of sexual and intimate images. However, Congress created a right to sue in federal civil court for survivors of nonconsensual dissemination when the Violence Against Women Act was amended in 2022 and section 1309 was added.

Violence Against Women Act (2022)

SEC. 1309. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE IMAGES

(a) DEFINITIONS.

In this section:

(1) COMMERCIAL PORNOGRAPHIC CONTENT.—The term ‘‘commercial pornographic content’’ means any material that is subject to the record keeping requirements under section 2257 of title 18, United States Code. 

(2) CONSENT.—The term ‘‘consent’’ means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion. 

(3) DEPICTED INDIVIDUAL.—The term ‘‘depicted individual’’ means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction. 

(4) DISCLOSE.—The term ‘‘disclose’’ means to transfer, publish, distribute, or make accessible. 

(5) INTIMATE VISUAL DEPICTION.—The term ‘‘intimate visual depiction’’— (A) means a visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, that depicts— (i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or (ii) the display or transfer of bodily sexual fluids— (I) on to any part of the body of an identifiable individual; (II) from the body of an identifiable individual; or H. R. 2471—882 (III) an identifiable individual engaging in sexually explicit conduct and (B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not— (i) voluntarily display the content depicted; or (ii) consent to the sexual conduct depicted. 

(6) SEXUALLY EXPLICIT CONDUCT.—The term ‘‘sexually explicit conduct’’ has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. 

(b) CIVIL ACTION.— 

(1) RIGHT OF ACTION.— 

(A) IN GENERAL.—Except as provided in paragraph (4), an individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in paragraph (3). 

(B) RIGHTS ON BEHALF OF CERTAIN INDIVIDUALS.—In the case of an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the identifiable individual’s estate, another family member, or any other person appointed as suitable by the court, may assume the identifiable individual’s’ rights under this section, but in no event shall the defendant be named as such representative or guardian.

(2) CONSENT.—For purposes of an action under paragraph (1)— 

(A) the fact that the individual consented to the creation of the depiction shall not establish that the person consented to its distribution; and 

(B) the fact that the individual disclosed the intimate visual depiction to someone else shall not establish that the person consented to the further disclosure of the intimate visual depiction by the person alleged to have violated paragraph (1). 

(3) RELIEF.—

(A) IN GENERAL.—

In a civil action filed under this section— 

(i) an individual may recover the actual damages sustained by the individual or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred; and 

(ii) the court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the visual depiction. 

(B) PRESERVATION OF ANONYMITY.—

In ordering relief under subparagraph (A), the court may grant injunctive H. R. 2471—883 relief maintaining the confidentiality of a plaintiff using a pseudonym. 

(4) EXCEPTIONS.—

An identifiable individual may not bring an action for relief under this section relating to— 

(A) an intimate image that is commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual; 

(B) a disclosure made in good faith— 

(i) to a law enforcement officer or agency; 

(ii) as part of a legal proceeding; 

(iii) as part of medical education, diagnosis, or treatment; or 

(iv) in the reporting or investigation of— 

(I) unlawful content; or 

(II) unsolicited or unwelcome conduct; 

(C) a matter of public concern or public interest; or 

(D) a disclosure reasonably intended to assist the identifiable individual.

Questions

What should I do if my personal, intimate images have been shared with others without my consent?

What should I do if someone threatens to share my personal, intimate images with others without my consent?

Answers

If someone has shared your personal, intimate images without your consent, contact the Title IX & EEO Office for assistance. Please see your Rights and Reporting Options for more information or to report a Title IX violation.

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1. For crimes reported to College Police (law enforcement):

When a crime or incident is reported to College Police involving any of the following: sexual assault, sexual exploitation, stalking and/or dating and/or domestic violence, an immediate notification shall be made to the Executive Director of Human Resources by email or in the event of an emergency by telephone. The immediate notification provided to the Executive Director of Human Resources shall include the name and contact information of the person who reported the crime or incident, name of the victim and their contact information, and a brief description of the crime or report made that is sufficient to understand the circumstances of the report.

Chela Cholula, SHRM-SCP (she, her, ella)

Executive Director of Human Resources

Human Resources Division

Southwestern Community College District

900 Otay Lakes Road, Chula Vista, CA 91910

619.482.6330 | mcholula@swccd.edu

 

2. For crimes and or incidents reported to employees, Campus Security Authorities including but not limited to faculty and administrators:

When a crime or incident is reported to employees, Campus Security Authorities including but not limited to faculty and administrators, involving any of the following: sexual assault, sexual exploitation, stalking and/or dating and/or domestic violence, an immediate notification shall be made to the Executive Director of Human Resources by email or in the event of an emergency by telephone. The immediate notification provided to the Executive Director of Human Resources shall include the name and contact information of the person who reported the crime or incident, name of the victim and their contact information, and a brief description of the crime or report made that is sufficient to understand the circumstances of the report.

3. For reports received regarding sexual assault, rape, sodomy, forced oral copulation, or any other crime involving forced penetration of a body part:
When a report is received by anyone, it is imperative to encourage victims of sexual assault to seek the services of the Center for Community Solutions because victims/survivors need both immediate medical attention and the forensic collection of evidence. Center for Community Solutions provides services to victims at no cost and maintains evidence collected indefinitely – thus allowing victims to utilize the evidence if they change their mind about pursuing the assistance of law enforcement at a later date.

Thus, upon receiving a report of a sexual assault, provide this information to the victim/survivor at the time you receive the report. Then immediately notify the Executive Director of Human Resources.

Center for Community Solutions 

(858) 272-5777 ext. 7150

(888)385-4657 - 24 Hour Line 

4508 Mission Bay Dr. 

San Diego, CA 92109

 

California Criminal Law Definitions regarding sexual assault, sexual exploitation, stalking, dating and domestic violence.

 

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What is Stalking?  

• California Stalking Law
• Understanding Stalking On Campus Flyer
• Why Learn About Stalking?

What is the prevalence of stalking victimization?  

• Prevalence of Stalking

• Most Recent Stalking Statistics
• Stalking Fact Sheets and Infographics

What should you do if you experience these behaviors while at SWC? 

• If there is an immediate risk to your health or safety, or the safety of others, please call 9-1-1 or the College Police at (619) 216-6691 
• If you would like to report the matter to the Title IX & EEO Office, please contact us by email at swcertix@swccd.edu, call 619.482.6329 or enter an online report of sexual misconduct on the Title IX & EEO webpage. Please note that online report submissions might not be reviewed outside of normal business hours. 

Posters and Other Resources 

Stalking Behaviors Targeting Immigrant Victims

Stalking Behaviors Targeting Immigrant Victims

Stalking Awareness Poster

Stalking Awareness Poster

Stalking Awareness Poster (Español)

Stalking Awareness Poster (Español)

Stalking Domestic Violence Awareness Poster

Stalking Domestic Violence Awareness Poster

Stalking Domestic Violence Awareness Poster (Español)

Stalking Domestic Violence Awareness Poster (Español)

Stalkers and Other Obsessional Types: Psychological Typology, Stalking, and Crime-Specific Behaviors (PDF)

Stalking Crimes and Victim Protection (PDF)

Stalking Incident and Behavior Log for College Students (PDF)

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