Title IX - Sexual misconduct and discrimination

What is sex-based discrimination? Sex-based discrimination occurs when a person is treated adversely because of that person’s sex, including sexual orientation, gender identity or expression, pregnancy or pregnancy-related condition.

What is sexual misconduct? Sexual misconduct is a broad term for a range of behaviors, including sexual assault, sexual harassment, stalking, dating and domestic violence, sex-based discrimination, etc.)

What do I do if I believe I’ve been a victim of sex-based discrimination or sexual misconduct? Confide in someone you trust and contact someone who can help, whether it is the Southwest Tech Title IX Coordinator, your local police, Canyon Creek Services, or a medical professional.

Is there a time limit for making a report to the Title IX Coordinator? There is no time limit for making reports to the Title IX Office, but reporting as soon as possible after an incident gives the Title IX Coordinator greater ability to respond promptly and effectively. After a significant amount of time has passed, it may be difficult to gather evidence or find witnesses.

What are the reporting obligations of Southwest Tech employees? All Southwest Tech employees are mandatory reporters, meaning they are required to report any disclosures of sexual misconduct or incidents they witness to the Southwest Tech Title IX Coordinator.

What is the difference between reporting to the Title IX Coordinator and to the police? A Title IX investigation is an administrative process rather than a legal investigation. Its purpose is to determine if a member of the campus community (student, staff, or faculty) has violated Title IX and school policy. The standard of evidence used is a “preponderance of evidence,” meaning the incident is more likely than not to have occurred. If someone is found responsible for violating Title IX, they could face administrative sanctions, including suspension or dismissal from Southwest Tech, but not legal consequences.

A victim of a sex-based crime can seek legal action by reporting the crime to a police department and pursuing a criminal justice case. Criminal procedures use “beyond a reasonable doubt” as their standard of evidence, which is higher than the “preponderance of evidence” standard used in the Title IX process.

If an individual contacts the Title IX Coordinator, does that automatically begin an investigation? Not necessarily. The Title IX Coordinator will do their best to provide the reporting party with as much control over the process as possible. The reporting party may request that no investigation or disciplinary action be pursued, or that his or her report remain confidential. The Title IX Coordinator will evaluate those requests within the context of the college’s responsibility to provide a safe and nondiscriminatory environment.

What happens in a Title IX investigation? First, a report is made to the Title IX Coordinator. Second, the Title IX Coordinator sends a “Notification of Investigation” to both the complainant (alleged victim) and respondent (alleged perpetrator). Next, the Title IX Investigator will gather evidence related to the allegations from the complainant, respondent, and witnesses. After the information gathering is complete, both the complainant and respondent have the opportunity to review and respond to the information. Next, the investigator reviews and analyzes the information to determine whether the alleged incident is “more likely than not” to have occurred, and writes a report based on his or her findings. The report does not contain any identifying information of the individuals who were involved in the investigation. Finally, a notice of the “Outcome of Investigation” is sent to the complainant and respondent, along with information about any next steps, such as disciplinary actions.

Who does the Title IX coordinator share information with? Both FERPA and Title IX prohibit the college from sharing student information, including Title IX reporting information, outside of necessary Southwest Tech personnel. If information must be shared due to a campus safety risk, a timely warning will be issued about the crime but will not include information that would identify a victim.

What if the respondent (the alleged perpetrator) does not attend or work at Southwest Tech? If the perpetrator of the incident does not attend or work at Southwest Tech, the college does not have authority to investigate that individual or impose any disciplinary action.