Title IX & Campus SaVE Act

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The Southwestern Community College District (the “College District”) values its diverse student population and is committed to maintaining a culture of respect.  The College District believes that everyone is entitled to an environment free of harassment and discrimination. We are dedicated to that mission, and we strive to have a culture of belonging and inclusivity for all. You matter and your experiences matter. In furtherance of this commitment, the Human Resources – Employee Relations and Title IX Office is the department appointed by the College District’s to address any issues of discrimination, harassment or retaliation.

Students, employees, or third parties who believe they have experienced harassment, discrimination, or retaliation based on a protected status should promptly 1) file an Incident Report Form and 2) contact our office for more information on resources and options. [Protected Statuses Include: age, disability, gender, genetic information, gender identity or expression, nationality, marital status, race or ethnicity, religion, sexual orientation, and veteran or military status.] 

If you have any questions or concerns, please contact the Employee Relations/Title IX Office at swcertix@swccd.edu.

TITLE IX Information

“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 is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation.

On May 6th, 2020 the U.S. Department of Education, Office for Civil Rights (OCR), released a finalized version of the new Title IX Regulations. Amendments to Title IX became effective on August 14, 2020. Specifically, The Final Rule changes the way in which institutions and local education agencies are required to respond to allegations of sexual harassment. The new Title IX regulations are intended to clarify sexual harassment as a form of sex discrimination and expand on the definition of sexual harassment. The new Title IX regulation can be found in the Code of Federal Regulations at 34 CFR Part 106  .

We are still in the process of completing the approval process of and for all relevant materials, including  but not limited to Board Policies (BP) and Administrative Procedures (AP).  While we continue to value and respect the College District’s participatory governance process, we will ensure that all related complaints and grievances received as of August 14, 2020 are processed in compliance with the current Title IX mandates.

The following College District policies and procedures will be established or revised to comply with the new 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
• Sexual Harassment Handbook for Students and Employees

Welcome

Southwestern Community College District (the “College”) is committed to supporting all regulations under Title IX of the Education Amendments Act of 1972. Title IX prohibits discrimination based on sex in programs and activities of federally funded institutions: “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.”

The College is committed to providing an environment that respects the dignity of all individuals, without regard to their Sex. Sex is defined as a gender designation as male or female; a perceived association with a particular gender/s; or a physical act of a sexual nature, depending on the context. The College’s Title IX policy also prohibits discrimination on the basis of pregnancy or medical conditions related to pregnancy; childbirth or medical conditions related to childbirth; breastfeeding or medical conditions related to breastfeeding; parental status; sexual orientation; gender; gender expression (means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth); gender identity; and other characteristics related to a person’s Sex.

In compliance with Title IX, the College programs and activities operate in a non-discriminatory manner, offering equal access to all persons, regardless of Sex. The College’s Title IX policy applies to all College programs and activities, including but not limited to recruitment, admissions, off-campus activities, counseling, financial assistance, athletics, clubs, discipline, single-sex education, and employment.

The College’s protections for Title IX also prohibit acts of Sexual Misconduct. “Sexual Misconduct” comprises a broad range of unwelcome behaviors focused on Sex and/or gender that may or may not be sexual in nature. Sexual Misconduct encompasses sexual harassment, sexual assault, sexual exploitation, or gender-based harassment, which is a form of harassment based on gender identity, gender expression, or non-conformity with gender stereotypes. Sexual Misconduct may also encompass acts of sexual stalking, domestic violence, dating violence, intimidation, and retaliation following an incident where alleged Sexual Misconduct has occurred. The College’s Title IX protections apply whether the Sexual Misconduct was committed by an employee, student, or member of the public, and when the Sexual Misconduct occurs in connection with all the academic, educational, extracurricular, athletic, and other programs of the College whether those programs take place in the College’s facilities or at another location. The College’s Title IX policy also prohibits sex-based harassment and sexual harassment in all forms including, but not limited to, verbal, visual, and written sexual harassment; sexual intimidation and exploitation.

The College may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. If you believe that you have suffered retaliation, or you have witnessed retaliation in violation of Title IX, contact the Title IX Officer, Vice President of Human Resources, the Dean of Students or other college designees.

Upon receipt of any complaint related to potential Title IX violation, the College will ensure every allegation is investigated promptly, adequately and impartially. The College will also take steps to protect all complainants and participants from retaliation, to maintain confidentiality (to the extent possible), and ensure all parties are treated fairly and provided due process through the College’s investigation process. As part of its Title IX obligations, the College also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The College’s procedure for investigating a Title IX complaint can be found in the Sexual Misconduct Handbook.

You can learn more about your rights and the College’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

If you have questions or concerns related to your rights under Title IX, or you believe that you have experienced or witnessed a violation of the College’s Title IX policy, you can contact the Title IX Officer:

• Employee Relations/Title IX Office
  
  Room 46B-150
  900 Otay Lakes Rd
  Chula Vista, CA 91910
  
  (619) 482-6329
  swcertix@swccd.edu