Original Date of Issue: 10/21/15
Revised: 8/14/2020, 11/20/2024

Article I. Prohibition of Unlawful Discrimination, Retaliation and Harassment.

1.1 The Community College is an equal opportunity educational entity and employer that complies with Applicable Law. The Community College is committed to providing educational opportunities, an educational environment and employment that is free from unlawful discrimination, retaliation, and harassment.

1.2 The Community College strictly prohibits and does not tolerate unlawful discrimination, retaliation, or harassment against students, employees or any other covered persons by Community College employees and officials, other students or third parties on the basis of a person's:

1.2.1 Race;

1.2.2 Color;

1.2.3 Age (40 or older regarding employees);

1.2.4 Religious creed, which includes religious belief, observance and practice, and dress or grooming practices;

1.2.5 National origin;

1.2.6 Ancestry;

1.2.7 Disability;

1.2.8 Genetic information, including information about:

• 1.2.8.1 an individual's genetic tests;
• 1.2.8.2 family members' genetic tests;
• 1.2.8.3 family members' diseases or disorders;
• 1.2.8.4 an individual's or family member's receipt of, or request for, genetic services; and
• 1.2.8.5 participation by an individual or their family member in clinical research that includes genetic services;

1.2.9 Sex, including:

• 1.2.9.1 pregnancy;
• 1.2.9.2 childbirth;
• 1.2.9.3 breastfeeding or medical conditions related to breast-feeding; and
• 1.2.9.4 medical conditions related to pregnancy or childbirth;

1.2.10 Gender;

1.2.11 Gender expression, meaning a person's gender-related appearance or behavior, whether or not stereotypically associated with the person's sex at birth;

1.2.12 Gender identity, meaning a person's identification as male, female, a gender different from the person's sex at birth, or transgender;

1.2.13 Sexual orientation, including heterosexuality, homosexuality, and bisexuality;

1.2.14 Military or veteran status, including past, current, or prospective service in the uniformed services; or

1.2.15 Any other characteristic protected under Applicable Law.

1.3 The Community College also prohibits and does not tolerate unlawful discrimination against students, Community College employees and other covered persons who are perceived to have any of these characteristics or who associate with a person who has, or is perceived to have, any of these characteristics.

1.4 All Community College employees, officials, agents, workers, representatives, students, parents, guardians, volunteers, vendors, visitors and other third parties are prohibited from engaging in unlawful discrimination, retaliation, and harassment as those terms are defined in Applicable Law.

1.5 This Policy applies to all programs and activities of the Community College as those terms are defined in Applicable Law.

1.6 The Community College complies with and directs its employees, officials, agents, workers and representatives to comply with Applicable Law, including:

1.6.1 the Pennsylvania Human Relations Act;

1.6.2 the Rehabilitation Act of 1973;

1.6.3 Title IX ;

1.6.4 Title VII of the Civil Rights Act of 1964;

1.6.5 The Equal Pay Act;

1.6.6 Titles IV and VI of the Civil Rights Act of 1964;

1.6.7 Sections 1981, 1983, 1985 and 1988;

1.6.8 the Americans with Disabilities Act;

1.6.9 the Genetic Information Nondiscrimination Act of 2008;

1.6.10 the Whistleblower Act;

1.6.11 discrimination, retaliation, and harassment protections under the United States Constitution; and

1.6.12 discrimination, retaliation, and harassment protections under the Pennsylvania Constitution.

1.7 Consistent with what is Required by Law:

1.7.1 the Community College will reasonably accommodate qualified individuals with a disability in accordance with and as may be required by Section 504, and the Americans with Disabilities Act;

1.7.2 the Community College will also provide reasonable accommodations for an employee's religious beliefs or practices as Required by Law; and

1.7.3 the Community College will provide other accommodations that may be Required by Law.

1.8 The Community College is committed to enforcing this Equal Educational Opportunity and Anti-Discrimination and Harassment Policy.

1.9 The obligations imposed by this Policy are independent of, and do not alter, obligations not to discriminate imposed by any Applicable Law.

1.10 The obligation to comply with this Policy is not obviated or alleviated by FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99.

1.11 Nothing in this Policy may be read in derogation of any individual's rights under any Applicable Law, including Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. or any regulations promulgated thereunder.

1.12 Nothing in Title IX or this Policy may be read in derogation of any legal right of a parent, guardian, or other authorized legal representative to act on behalf of a Complainant, Respondent, or other person, including but not limited to making a Complaint through the Community College’s grievance procedures for Complaints of Sex Discrimination.

1.13 Emergency Removal of Students. Nothing in this Policy precludes the Community College from removing a Respondent from the Community College’s education program or activity on an emergency basis, provided that the Community College undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of Sex Discrimination justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal provided that the Community College complies with Applicable Law regarding removals of students.

1.13.1 This 1.13 must not be construed to modify any rights under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.

1.14 Administrative Leave of Employees. Nothing in this Policy precludes the Community College from placing an employee Respondent on administrative leave from employment responsibilities during the pendency of the Community College’s grievance procedures provided that the Community College complies with Applicable Law.

1.14.1 This 1.14 shall not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. Article II. Designation and Duties of Compliance Officers and Coordinator(s).

Article II. Designation and Duties of Compliance Officers and Coordinator(s).

2.1 The Vice President of Institutional Equity is responsible for the implementation and enforcement of this Policy.

2.2 The Vice President of Institutional Equity shall be the Compliance Officer and Coordinator under Applicable Law. Without limiting the generality of the foregoing, the Vice President of Institutional Equity is and shall be:

2.2.1 the Americans with Disabilities Act Coordinator (“The ADA Coordinator”);

2.2.2 the Title IX Coordinator; and

2.2.3 the Section 504 Coordinator.

2.3 The Vice President of Institutional Equity, as Compliance Officer and Coordinator, shall:

2.3.1 ensure compliance with this Policy and Applicable Law regarding unlawful discrimination, retaliation, and harassment in the Community College’s programs and activities, including:

• 2.3.1.1 perform all duties, or ensure performance of all duties, required by Applicable Law for the Coordinator, including those duties enumerated in 34 C.F.R. 106.44(f).
• 2.3.1.2 ensuring that all notices and posting are made as required by Applicable Law and this Policy;
• 2.3.1.3 imposing discipline, after implementing required process, when it is determined that this Policy or Applicable Law has been violated;
• 2.3.1.4 appointing investigators either on a permanent basis or an ad-hoc basis;
• 2.3.1.5 appointing decision-makers either on a permanent basis or an ad-hoc basis; and
• 2.3.1.6 appointing facilitators of informal resolution processes either on a permanent basis or an ad-hoc basis;

2.3.2 ensure training is provided to all staff and the Board regarding the prohibition of unlawful discrimination, retaliation, and harassment;

2.3.3 ensure that specialized training is provided when Required By Law, including training: (a) for investigators, decision-makers, and any persons who facilitates an informal resolution process; and (b) for administrators whose duties are affected by Applicable Law related to unlawful discrimination, retaliation, and harassment;

2.3.4 preserve all records used for purposes of training in accordance with Applicable Law and Board Policy;

2.3.5 monitor the Community College’s education program(s) and activity(ies) for barriers to reporting information about conduct that reasonably may constitute Sex Discrimination under Title IX and take steps reasonably calculated to address such barriers; and

2.3.6 promulgate and adopt reasonable and necessary Administrative Regulations to implement this Policy.

2.4 The contact information for the Coordinator is and shall be as follows:

Momodu C. Taylor, Coordinator 
Delaware County Community College
901 S. Media Line Rd,
Media, PA 19063
Phone: 610-359-5148
Email: mtaylor99@dccc.edu

2.5 The contact information for the Coordinator as stated in 2.4 hereof shall be changed without the necessity of further action by the Board upon any changes to the information stated.

2.6 The Coordinator named herein shall: (a) perform the duties of Coordinator in accordance with Applicable Law; and (b) has the power and authority to delegate duties as deemed necessary.

2.7 In the event that additional Coordinators are appointed in this Policy or by future action of the Board, the Vice President of Institutional Equity shall be the primary Coordinator with ultimate oversight over the responsibilities set forth in this Article and ensure the Community College’s consistent compliance with its responsibilities under Applicable Law regarding unlawful discrimination, harassment and retaliation and this Policy.

Article III. Notice of Policy.

3.1 The Board directs that notice of this Policy shall be provided prominently on the Community College’s website and in each handbook, catalog, announcement, bulletin, and application form that it makes available to persons entitled to notice under Applicable Law, or which are otherwise used in connection with the recruitment of students or employees.

3.2 If necessary, due to the format or size of any publication, the Community College may instead include in those publications a statement that the Community College prohibits Sex Discrimination in any education program or activity that it operates and that individuals may report concerns or questions to the Coordinator, and provide the location of the notice on the Community College’s website.

3.3 The Community College must not use or distribute a publication stating that the Community College treats applicants, students, or employees differently on the basis of sex, except as such treatment is permitted by Applicable Law.

3.4 Notice stating that the Community College does not engage in unlawful discrimination, harassment, or retaliation, in any Community College education program or activity, is to be issued at to all students, parents/guardians, employment applicants, applicants for admission, employees and all unions holding collective bargaining agreements with the Community College. This notice must be provided to students and employees no less frequently than annually.

3.5 All notices required by this Policy shall include the title, office address, telephone number and email address of the individual(s) designated as the Compliance Officer(s) and Coordinator(s).

Article IV. Mandatory Reports—Sex Discrimination and Harassment.

4.1 Except as stated in this Article, all employees are required to notify the Coordinator when the employee has information about conduct that reasonably may constitute Sex Discrimination.

4.2 Notwithstanding anything herein to the contrary,

4.2.1 reporting is not required when the student or employee has been subject to conduct that reasonably may constitute Sex Discrimination; and

4.2.2 reporting is not required by a Confidential Employee when the Confidential Employees obtains the information when acting as a Confidential Employee.

4.3 Confidential Employee are required to explain to a person who informs the Confidential Employee of conduct that reasonably may constitute Sex Discrimination:

4.3.1 the employee’s status as confidential;

4.3.2 the circumstances in which the employee is not required to notify the Coordinator;

4.3.3 how to contact the Community College’s Coordinator;

4.3.4 how to make a Complaint; and

4.3.5 that the Coordinator may be able to offer supportive measures, as well as initiate an informal resolution process or an investigation under the grievance procedures

Article V. Complaint Procedure, Generally.

5.1 Any student, employee, or other person who has been subjected to any conduct that they believe violates this Policy, or witnesses any such conduct, should promptly report the conduct, orally or in writing.

5.2 Students may speak to, write to, or otherwise contact any of the following resources:

5.2.1 professors, instructors or advisors;

5.2.2 the Coordinator(s);

5.2.3 the President; or

5.2.4 any Community College administrator or supervisory level employee.

5.3 A Complaint Form shall be available on the Community College’s website and at any college office.

5.3.1 Complaints should be as detailed as possible, including the name(s) and contact information of all individual(s) involved and any witness(es), date(s), time(s), and location(s) if known. A detailed statement of the discrimination, harassment and/or retaliation explaining what occurred should also be included.

5.3.2 The Complaint form is not required but is preferred.

5.4 Complaints or reports may be made by any anyone, including students, witnesses, Parents, representatives, or any other person.

5.5 The Coordinator is responsible for creating, distributing, and maintaining Complaint Forms.

5.6 The Coordinator shall ensure that Complaints are processed in accordance with Applicable Law. Complaints and reports of Sex Discrimination shall be processed in accordance with Applicable Law and the grievance process contained in Article VII hereof.

Article VI. Investigations and Decisions.

6.1 The Community College will ensure that a fair, timely, and thorough investigation is conducted by qualified personnel in an impartial manner that provides all Parties with appropriate process as Required by Law and reaches reasonable conclusions based on the evidence collected.

6.2 The Community College presumes, and requires its employees, officials and agents implementing this Policy, to presume that any Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made after or at the conclusion of any process Required by Law.

6.3 At all times, the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the Community College.

6.4 In all instances, decisions shall be made impartially:

6.4.1 based upon a preponderance of the evidence;

6.4.2 only after an objective evaluation of all relevant evidence—including both inculpatory and exculpatory evidence; and

6.4.3 with credibility determinations not based on a person’s status as a Complainant, Respondent, or witness.

6.5 No person acting as the investigator, decision-maker, facilitator, Coordinator or Compliance Officer shall participate in any matter under this Policy if:

6.5.1 they have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent; or

6.5.2 they have not been trained as Required by Law.

6.6 No Community College official, employee or agent shall require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

6.7 The Community College will maintain appropriate documentation and tracking to ensure reasonable progress is made. At the close of the investigation, Community College will consider appropriate options for remedial actions and resolutions. If misconduct, including unlawful discrimination, harassment and/or retaliation, is found, the Community College shall take prompt and effective corrective action, as appropriate.

6.8 The Community College will maintain confidentiality to the extent Required by Law and/or reasonably possible. Without limiting the generality of the foregoing, the Complainant(s) and Respondent(s) will be informed of the results of the investigation as Required by Law.

Article VII. Sex Discrimination, Harassment and Retaliation.

7.1 Prohibition of Discrimination. The Community College does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in employment.

7.1.1 All Community College employees, officials, agents, workers, representatives, students, parents, guardians, volunteers, vendors, visitors and other third parties are prohibited from engaging in Sex Discrimination of students, employees and other covered persons in the Community College’s covered programs and activities as defined in Applicable Law.

7.2 Notice. Notice of nondiscrimination under Title IX shall contain the following information at a minimum:

Delaware County Community College does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX and its regulations, including in admission and employment.

Inquiries about Title IX may be referred to Community College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. The Community College’s Title IX Coordinator is Momodu Taylor, Vice President of Institutional Equity who may be reached at: mtaylor99@dccc.eduand/or 610-359-5148. The Community College’s nondiscrimination policy and grievance procedures can be located on the College’s website.

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to www.dccc.edu/student-complaints. Contact information for OCR is available at: https://ocrcas.ed.gov/contact-ocr.

7.2.1 The Community College shall prominently include all elements of its notice of nondiscrimination on its website and in each handbook, catalog, announcement, bulletin, and application form that it makes available to people entitled to notice, or which are otherwise used in connection with the recruitment of students or employees.

7.2.2 If necessary, due to the format or size of any publication, the Community College may instead include in those publications the information covered in the following statement:

Delaware County Community College prohibits sex discrimination in any education program or activity that it operates. Individuals may report concerns or questions to the Title IX Coordinator. The notice of nondiscrimination is located at [insert website address].

7.3 Applicability. Notwithstanding anything in this Policy to the contrary, in addition to any terms and conditions of this Policy that apply generally, the terms and conditions contained in this Article VII shall apply to matters governed by Title IX;

7.3.1 whenever the Community College has knowledge of Sex Discrimination as defined in this Policy or in Applicable Law;

7.3.2 whenever a Complaint of Sex Discrimination is filed; or

7.3.3 before disciplinary sanctions or other actions that are not supportive measures as defined in 34 CFR 106.30 are imposed for Sex Discrimination.

7.4 Sex Discrimination, Defined. “Sex Discrimination” means unlawful discrimination, retaliation, or harassment on the basis of sex or under any of the provisions of Title IX or Applicable Law, including Sex-Based Harassment and Discrimination on the Basis of Sex as defined in Applicable Law and this Policy.

7.4.1 Generally. Except as provided elsewhere in Applicable Law, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the Community College.

7.4.2 Specific Prohibitions. Except as provided elsewhere in Applicable Law, in providing any aid, benefit, or service to a student, the Community College shall not, on the basis of sex:

• 7.4.2.1 Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;
• 7.4.2.2 Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;
• 7.4.2.3 Deny any person any such aid, benefit, or service;
• 7.4.2.4 Subject any person to separate or different rules of behavior, sanctions, or other treatment;
• 7.4.2.5 Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition;
• 7.4.2.6 Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students or employees;
• 7.4.2.7 Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.

7.4.3 Additional Prohibitions Regarding Students.

• 7.4.3.1 Counseling.
  • 7.4.3.1.1 The Community College shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants for admission.
  • 7.4.3.1.2 Use Of Appraisal And Counseling Materials. The Community College shall not use different materials for students on the basis of their sex or use materials which permit or require different treatment of students on such basis unless such different materials cover the same occupations and interest areas and the use of such different materials is shown to be essential to eliminate sex bias.
    • 7.4.3.1.2.1 The Community College shall develop and use internal procedures for ensuring that such materials do not discriminate on the basis of sex. Where the use of a counseling test or other instrument results in a substantially disproportionate number of members of one sex in any particular course of study or classification, the recipient shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination in the instrument or its application.
  • 7.4.3.1.3 Disproportion in Classes. Where the Community College finds that a particular class contains a substantially disproportionate number of individuals of one sex, the Coordinator shall take such action as is necessary to ensure that such disproportion is not the result of discrimination on the basis of sex in counseling or appraisal materials or by counselors.
• 7.4.3.2 Athletics.
  • 7.4.3.2.1 Generally. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by the Community College, and the Community College shall provide any such athletics separately on such basis.
  • 7.4.3.2.2 Separate Teams. Notwithstanding the requirements of Title IX, the Community College may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where the Community College operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport. For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
  • 7.4.3.2.3 Equal Opportunity. The Community College shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available the Director will consider, among other factors: (1) whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes; (2) the provision of equipment and supplies; (3) scheduling of games and practice time; (4) travel and per diem allowance; (5) opportunity to receive coaching and academic tutoring; (6) assignment and compensation of coaches and tutors; (7) provision of locker rooms, practice and competitive facilities; (8) provision of medical and training facilities and services; (9) provision of housing and dining facilities and services; and (10) publicity.
    • 7.4.3.2.3.1 Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if Community College operates or sponsors separate teams will not constitute noncompliance with this section, but the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex shall be a factor to consider.
• 7.4.3.3 Physical Education Standards. If use of a single standard of measuring skill or progress in physical education classes has an adverse effect on members of one sex, the Community College shall use appropriate standards that do not have that effect.
• 7.4.3.4 Financial Assistance.
  • 7.4.3.4.1 Generally. Except as provided otherwise in this Policy, in providing financial assistance to students, the Community College shall not:
    • 7.4.3.4.1.1 On the basis of sex, provide different amount or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate;
    • 7.4.3.4.1.2 Through solicitation, listing, approval, provision of facilities or other services, assist any foundation, trust, agency, organization, or person which provides assistance to any of such recipient's students in a manner which discriminates on the basis of sex; or
    • 7.4.3.4.1.3 Apply any rule or assist in application of any rule concerning eligibility for such assistance which treats persons of one sex differently from persons of the other sex with regard to marital or parental status.
  • 7.4.3.4.2 Financial Aid Established by Certain Legal Instruments.
    • 7.4.3.4.2.1 The Community College may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government which requires that awards be made to members of a particular sex specified therein; provided, that the overall effect of the award of such sex-restricted scholarships, fellowships, and other forms of financial assistance does not discriminate on the basis of sex.
    • 7.4.3.4.2.2 To ensure nondiscriminatory awards of assistance as required in Applicable Law, the Community College shall develop and use procedures under which: (i) students are selected for award of financial assistance on the basis of nondiscriminatory criteria and not on the basis of availability of funds restricted to members of a particular sex; (ii) an appropriate sex-restricted scholarship, fellowship, or other form of financial assistance is allocated to each student selected under this section; and (iii) no student is denied the award for which they were selected because of the absence of a scholarship, fellowship, or other form of financial assistance designated for a member of that student's sex.
  • 7.4.3.4.3 Athletic Scholarships.
    • 7.4.3.4.3.1 The Community College shall provide reasonable opportunities for awards of athletic scholarships for members of each sex in proportion to the number of students of each sex participating in interscholastic or intercollegiate athletics.
    • 7.4.3.4.3.2 Separate athletic scholarships or grants-in-aid for members of each sex may be provided as part of separate athletic teams for members of each sex to the extent consistent with Applicable Law.
• 7.4.3.5 Employment Assistance to Students.
  • 7.4.3.5.1 Assistance By The Community College In Making Available Outside Employment. The Community College in making employment available to any of its students: (1) shall ensure that such employment is made available without discrimination on the basis of sex; and (2) shall not render such services to any agency, organization, or person which discriminates on the basis of sex in its employment practices.
  • 7.4.3.5.2 Employment Of Students. The Community College shall not employ any student in a way that violates Title IX.
• 7.4.3.6 Access to Classes, Schools, and Extracurricular Activities.
  • 7.4.3.6.1 Generally. Except as provided for in Applicable Law or this Policy, the Community College shall not provide or otherwise carry out any of its education programs or activities separately on the basis of sex or require or refuse participation therein by any of its students on the basis of sex.
  • 7.4.3.6.2 Contact Sports in Physical Education Classes. This 7.4.3.6 does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
  • 7.4.3.6.3 Ability Grouping in Physical Education Classes. This 7.4.3.6 does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.
  • 7.4.3.6.4 The Community College may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex.
• 7.4.3.7 Classes and Extracurricular Activities.
  • 7.4.3.7.1 Generally. Subject to the requirements in Applicable Law, the Community College may provide nonvocational single-sex classes or extracurricular activities, if:
    • 7.4.3.7.1.1 Each single-sex class or extracurricular activity is based on the Community College’s important objective:
      • 7.4.3.7.1.2 To improve educational achievement of its students, through the Community College’s overall established policy to provide diverse educational opportunities, provided that the single-sex nature of the class or extracurricular activity is substantially related to achieving that objective; or
      • 7.4.3.7.1.3 To meet the particular, identified educational needs of its students, provided that the single-sex nature of the class or extracurricular activity is substantially related to achieving that objective;
      • 7.4.3.7.1.4 The Community College implements its objective in an evenhanded manner;
      • 7.4.3.7.1.5 Student enrollment in a single-sex class or extracurricular activity is completely voluntary; and
      • 7.4.3.7.1.6 The Community College provides to all other students, including students of the excluded sex, a substantially equal coeducational class or extracurricular activity in the same subject or activity.
    • 7.4.3.7.1.7 Substantially Equal Factors. The Community College shall consider, either individually or in the aggregate as appropriate, in determining whether classes or extracurricular activities are substantially equal include, but are not limited to, the following: the policies and criteria of admission, the educational benefits provided, including the quality, range, and content of curriculum and other services and the quality and availability of books, instructional materials, and technology, the qualifications of faculty and staff, geographic accessibility, the quality, accessibility, and availability of facilities and resources provided to the class, and intangible features, such as reputation of faculty.
    • 7.4.3.7.1.8 Periodic Evaluations. The Coordinator must conduct periodic evaluations to ensure that single-sex classes or extracurricular activities are based upon genuine justifications and do not rely on overly broad generalizations about the different talents, capacities, or preferences of either sex and that any single-sex classes or extracurricular activities are substantially related to the achievement of the important objective for the classes or extracurricular activities. Evaluations must be conducted at least every two (2) years. 
• 7.4.3.8 Admissions.
  • 7.4.3.8.1 Status generally. No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission by the Community College
  • 7.4.3.8.2 Specific prohibitions.
    • 7.4.3.8.2.1 In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, the Community College shall not:
      • 7.4.3.8.2.1.1 Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise;
      • 7.4.3.8.2.1.2 Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or
      • 7.4.3.8.2.1.3 Otherwise treat one individual differently from another on the basis of sex.
  • 7.4.3.8.3 The Community College shall not administer or operate any test or other criterion for admission which has a disproportionately adverse effect on persons on the basis of sex unless the use of such test or criterion is shown to predict validly success in the education program or activity in question and alternative tests or criteria which do not have such a disproportionately adverse effect are shown to be unavailable.
  • 7.4.3.8.4 Parental, family, or marital status; pregnancy or related conditions. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, the Community College:
    • 7.4.3.8.4.1 Shall treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions; and
    • 7.4.3.8.4.2 Shall not:
      • 7.4.3.8.4.2.1 Adopt or implement any policy, practice, or procedure concerning the current, potential, or past parental, family, or marital status of a student or applicant that treats persons differently on the basis of sex;
      • 7.4.3.8.4.2.2 Discriminate against any person on the basis of current, potential, or past pregnancy or related conditions, or adopt or implement any policy, practice, or procedure that so discriminates; and
      • 7.4.3.8.4.2.3 Make a pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss or Mrs.”
    • 7.4.3.8.4.3 An applicant may be asked to self-identify their sex, but only if this question is asked of all applicants and if the response is not used as a basis for discrimination prohibited by this part. The Coordinator shall determine no less frequently than annually whether applicants will be asked to self-identify their sex and will train relevant staff if the rules on this issue change.
• 7.4.3.9 Preference In Admissions. The Community College shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity which admits as students only or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of Title IX.

7.4.4 Additional Prohibitions Regarding Employees.

• 7.4.4.1 Generally.
  • 7.4.4.1.1 No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by the Community College.
  • 7.4.4.1.2 The Community College shall make all employment decisions in any education program or activity in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way which could adversely affect any applicant's or employee's employment opportunities or status because of sex.
  • 7.4.4.1.3 The Community College shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by Title IX, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient.
  • 7.4.4.1.4 The Community College shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity which admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of Title IX.
• 7.4.4.2 Employment Criteria. The Community College shall not administer or operate any test or other criterion for any employment opportunity which has a disproportionately adverse effect on persons on the basis of sex unless:
  • 7.4.4.2.1 Use of such test or other criterion is shown to predict validly successful performance in the position in question; and
  • 7.4.4.2.2 Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable.
• 7.4.4.3 Recruitment.
  • 7.4.4.3.1 Nondiscriminatory Recruitment and Hiring. The Community College shall not discriminate on the basis of sex in the recruitment and hiring of employees.
  • 7.4.4.3.2 Recruitment Patterns. The Community College shall not recruit primarily or exclusively at entities which furnish as applicants only or predominantly members of one sex if such actions have the effect of discriminating on the basis of sex in violation of Title IX.
• 7.4.4.4 Compensation. The Community College shall not make or enforce any policy or practice which, on the basis of sex:
  • 7.4.4.4.1 Makes distinctions in rates of pay or other compensation;
  • 7.4.4.4.2 Results in the payment of wages to employees of one sex at a rate less than that paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
• 7.4.4.5 Job Classifications and Structure. The Community College shall not:
  • 7.4.4.5.1 Classify a job as being for males or for females;
  • 7.4.4.5.2 Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or
  • 7.4.4.5.3 Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements which classify persons on the basis of sex, unless sex is a bona-fide occupational qualification for the positions in question as set forth in 34 C.F.R. 106.61.
• 7.4.4.6 Fringe Benefits.
  • 7.4.4.6.1 Fringe Benefits Defined. “Fringe Benefits” means any medical, hospital, accident, life insurance or retirement benefit, service, policy, or plan, any profit-sharing or bonus plan, leave, and any other benefit or service of employment not subject to the provision of 34 C.F.R.  106.54.
  • 7.4.4.6.2 Prohibitions. The Community College shall not:
    • 7.4.4.6.2.1 Discriminate on the basis of sex with regard to making fringe benefits available to employees or make fringe benefits available to spouses, families, or dependents of employees differently upon the basis of the employee's sex;
    • 7.4.4.6.2.2 Administer, operate, offer, or participate in a fringe benefit plan which does not provide either for equal periodic benefits for members of each sex, or for equal contributions to the plan by such recipient for members of each sex; or
    • 7.4.4.6.2.3 Administer, operate, offer, or participate in a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex or which otherwise discriminates in benefits on the basis of sex.
• 7.4.4.7 Parental, Family, or Marital Status; Pregnancy or Related Conditions.
  • 7.4.4.7.1 Status Generally. The Community College shall not adopt or implement any policy, practice, or procedure, or take any employment action, on the basis of sex:
    • 7.4.4.7.1.1 Concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment, which treats persons differently; or
    • 7.4.4.7.1.2 That is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee's or applicant's family unit.
  • 7.4.4.7.2 Pregnancy or Related Conditions. The Community College shall not discriminate against any employee or applicant for employment on the basis of current, potential, or past pregnancy or related conditions.
  • 7.4.4.7.3 Comparable Treatment To Other Temporary Medical Conditions. The Community College shall treat pregnancy or related conditions as any other temporary medical conditions for all job-related purposes, including commencement, duration and extensions of leave; payment of disability income; accrual of seniority and any other benefit or service; and reinstatement; and under any fringe benefit offered to employees by virtue of employment.
  • 7.4.4.7.4 Voluntary Leaves of Absence. The Community College shall treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
  • 7.4.4.7.5 Lactation Time and Space. The Community College shall provide reasonable break time for an employee to express breast milk or breastfeed as needed and shall ensure that an employee can access a lactation space, which must be a space other than a bathroom that is clean, shielded from view, free from intrusion from others, and may be used by an employee for expressing breast milk or breastfeeding as needed.
• 7.4.4.8 Advertising. The Community College shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona-fide occupational qualification for the particular job in question.
• 7.4.4.9 Pre-employment Inquiries.
  • 7.4.4.9.1 Marital Status. The Community College shall not make a pre- employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss or Mrs.”
  • 7.4.4.9.2 Sex. The Community College may ask an applicant for employment to self-identify their sex, but only if this question is asked of all applicants and if the response is not used as a basis for discrimination prohibited by Title IX.
  • 7.4.4.10 Sex As A Bona-Fide Occupational Qualification. The Community College may take action otherwise prohibited by Title IX provided it is shown that sex is a bona- fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. The Community College shall not take action pursuant to this 7.4.4.10 which is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent the Community College from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one sex.

7.5 Discrimination on the Basis of Sex, Defined. “Discrimination on the Basis of Sex” means unlawful discrimination on the basis of sex as prohibited under Applicable Law and includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

7.6 Sex-Based Harassment Defined. “Sex-Based Harassment” has the meaning as stated in 34 C.F.R. 106.2 and in Applicable Law. Without limiting the generality of the foregoing, “Sex- Based Harassment” means conduct on the basis of sex that meets the terms and conditions of any one or more of the following:

7.6.1 Quid Pro Quo harassment. An employee, agent, or other person authorized by the Community College to provide an aid, benefit, or service under the education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct;
7.6.2 Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

• 7.6.2.1 The degree to which the conduct affected the Complainant's ability to access the education program or activity;
• 7.6.2.2 The type, frequency, and duration of the conduct;
• 7.6.2.3 The parties' ages, roles within the education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; and
• 7.6.2.4 The location of the conduct and the context in which the conduct occurred;
• 7.6.2.5 Other Sex-Based Harassment in the education program or activity; or

7.6.3 Specific offenses.

• 7.6.3.1 Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
• 7.6.3.2 Dating violence means violence committed by a person:
  • 7.6.3.2.1 Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • 7.6.3.2.2 Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • 7.6.3.2.2.1 The length of the relationship;
    • 7.6.3.2.2.2 The type of relationship; and
    • 7.6.3.2.2.3 The frequency of interaction between the persons involved in the relationship;
• 7.6.3.3 Domestic violence means felony or misdemeanor crimes committed by a person who:
  • 7.6.3.3.1 Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the , or a person similarly situated to a spouse of the victim;
  • 7.6.3.3.2 Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
  • 7.6.3.3.3 Shares a child in common with the victim; or
  • 7.6.3.3.4 Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
• 7.6.3.4 Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
  • 7.6.3.4.1 Fear for the person's safety or the safety of others; or
  • 7.6.3.4.2 Suffer substantial emotional distress.

7.7 No Form of Sex Discrimination to Be Tolerated. The Community College will not tolerate any form of Sex Discrimination, regardless of whether it is:

7.7.1 Verbal (i.e., epithets, derogatory statements, slurs, sexually related comments or jokes, unwelcome sexual advances, or requests for sexual favors);

7.7.2 Physical (i.e., assault or inappropriate physical contact);

7.7.3 Visual (i.e., displaying sexually suggestive posters cartoons or drawings, sending inappropriate adult-themed gifts, leering, or making sexual gestures); or

7.7.4 Online (i.e., derogatory statements or sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc.).

7.7.5 This list contained in this 7.7 is illustrative only, and not exhaustive. No form of Sex Discrimination will be tolerated.

7.8 Other Inappropriate Conduct. Notwithstanding anything herein to the contrary, conduct that does meet the legal definition of constituting Sex Discrimination may nonetheless be inappropriate and not legally protected. Such inappropriate conduct may lead to possible discipline, including discharge of an employee or expulsion of a student.

7.9 Responding to Sex Discrimination. The Community College shall respond to Sex Discrimination in accordance with and as required by Title IX, including 34 CFR 106.44, 106.45 and 106.46.

7.10 General Terms and Conditions. The following general terms and conditions apply to matters of Sex Discrimination:

7.10.1 The terms and conditions of this Article VII apply equally to both Complainants and Respondents.

7.10.2 The Parties are to be treated equitably by providing remedies to a Complainant where a determination of responsibility for Sex Discrimination has been made against the Respondent(s), and by following the grievance process that complies with 34 CFR 106.45 before the imposition of any disciplinary sanctions or other actions against the Respondent that are not Supportive Measures.

7.10.3 Notwithstanding anything herein to the contrary, no Party shall be restricted in their ability to discuss the allegations under investigation or to gather and present relevant evidence.

7.10.4 Each Party shall have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

7.10.5 Each Party shall have the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

7.10.6 Neither Party shall be limited in their choice or presence of an advisor in any meeting or grievance proceeding; however, the Community College representative or counsel retains the right to establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

7.10.7 Remedies must be designed to restore or preserve equal access to the Community College’s education program or activity; and such remedies may include Supportive Measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.

7.10.8 Notwithstanding anything herein and in Applicable Law to the contrary, a Coordinator is not required to comply with paragraphs (f)(1)(i) through (vii) of 34 C.F.R. 106.44 (related to certain Coordinator requirements) upon being notified of conduct that may constitute Sex Discrimination if the Coordinator reasonably determines that the conduct as alleged could not constitute Sex Discrimination under Title IX.

7.11 Grievance Procedures for Complaints of Sex Discrimination.

7.11.1 Generally. The Community College hereby adopts grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

7.11.2 Complaints.

• 7.11.2.1 The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the Community College investigate and make a determination about alleged discrimination under Title IX:
  • 7.11.2.1.1 A Complainant, which includes:
  • 7.11.2.1.2 a student or employee of the Community College who is alleged to have been subjected to conduct that could constitute Sex Discrimination;
  • 7.11.2.1.3 a person other than a student or employee of the Community College who is alleged to have been subjected to conduct that could constitute Sex Discrimination at a time when that individual was participating or attempting to participate in the Community College’s education program or activity;
  • 7.11.2.1.4 A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
  • 7.11.2.1.5 the Coordinator.
• 7.11.2.2 With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed in 7.11.2.1, the following persons have a right to make a complaint:
  • 7.11.2.2.1 Any student or employee the Community College; or
  • 7.11.2.2.2 Any person other than a student or employee who was participating or attempting to participate in the Community College’s education program or activity at the time of the alleged sex discrimination.
• 7.11.2.3 The Community College may consolidate complaints of Sex Discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.

7.11.3 Basic Requirements of Title IX Grievance Procedures. Except as provided otherwise in 7.13 hereof, the Title IX grievance process must meet the following terms and conditions.

• 7.11.3.1 The Community College shall treat Complainants and Respondents
• 7.11.3.2 The Community College requires that any Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
• 7.11.3.3 A decisionmaker may be the same person as the IX Coordinator or investigator.
• 7.11.3.4 The Community College presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
• 7.11.3.5 The Community College shall conduct the grievance process promptly, with a typical timeframe of sixty (60) to ninety (90) days for the entire process, including investigation, determination and appeal. Within this typical timeframe, the following timeframes are established.
  • 7.11.3.5.1 Upon receipt of a complaint, the Coordinator will conduct an initial assessment to determine if the complaint falls under the scope of Title IX and whether an informal or formal resolution will be used. Unless a longer period of time is necessary due to extenuating circumstances, this should occur within seven (7) calendar days.
  • 7.11.3.5.2 The Complainant and Respondent shall be notified about the process and their rights within three (3) calendar days of the initial assessment under 7.11.3.5.1, unless more time is necessary due to extenuating circumstances.
• 7.11.3.6 Reasonable extensions of timeframes are allowed for the following reasons on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.
• 7.11.3.7 Complexity of the Case. When the case involves particularly complex issues, such as multiple parties, incidents spanning an extended period, or significant amounts of evidence, additional time may be required to conduct a thorough investigation and adjudication.
  • 7.11.3.7.1 Scheduling Conflicts. Scheduling conflicts, including the unavailability of parties, advisors (including counsel for the Community College), witnesses, or investigators due to pre-existing commitments, illness, or emergencies, may necessitate an extension of the timeline.
  • 7.11.3.7.2 New Evidence. If new, relevant evidence becomes available during the investigation or hearing that requires additional review or consideration, an extension may be granted to ensure the evidence is properly examined.
  • 7.11.3.7.3 Institutional Closures. In cases where institutional closures (e.g., holidays, inclement weather, natural disasters) impact the ability to conduct interviews, hearings, or other necessary steps in the grievance process, extensions may be required.
  • 7.11.3.7.4 Health and Medical Emergencies. If any party involved in the grievance process experiences a serious health or medical emergency, including mental health concerns, that affects their ability to participate in the process, an extension may be granted to accommodate their recovery.
  • 7.11.3.7.5 Concurrent Legal Proceedings. If there are concurrent criminal, civil, or administrative proceedings related to the same incident, extensions may be necessary to allow the Title IX process to proceed without interference or to avoid compromising the legal process.
  • 7.11.3.7.6 Requests by Parties. Either the Complainant or Respondent may request an extension for personal reasons, including the need for additional time to review evidence, obtain an advisor, or prepare for the next phase of the process.
• 7.11.3.8 The Community College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.
• 7.11.3.9 The Community College shall objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations shall not be based on a person’s status as a Complainant, Respondent, or witness.
• 7.11.3.10 The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the Community College to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
  • 7.11.3.10.1 Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  • 7.11.3.10.2 A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the Community College obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
  • 7.11.3.10.3 Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex- based harassment occurred.
• 7.11.3.11 Advisors and Other Parties.
  • 7.11.3.11.1 The parties may have an advisor of their choice who may be, but is not required to be, an attorney.
  • 7.11.3.11.2 The Community College shall not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding.
  • 7.11.3.11.3 The Coordinator, investigator, decisionmakers and facilitators may establish restrictions regarding the extent to which the advisor may participate in the grievance procedures, as long as the restrictions apply equally to the parties.
  • 7.11.3.11.4 The parties shall have the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding.
  • 7.11.3.11.5 The parties shall have an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

7.11.4 Notice of Allegations. Upon initiation of the Community College’s Title IX grievance procedures, the Community College will notify the parties in writing of the following:

• 7.11.4.1 The Community College’s Title IX grievance procedures and any informal resolution process;
• 7.11.4.2 Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
• 7.11.4.3 The date by which the Respondent must respond;
• 7.11.4.4 That Retaliation is prohibited;
• 7.11.4.5 That the parties may have an advisor of their choice who may be, but is not required to be, an attorney;
• 7.11.4.6 That the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence; provided, however, that if the Community College provides a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party; and
• 7.11.4.7 That knowingly false statements and knowingly submitting false information during the grievance process is prohibited and may lead to discipline in accordance with the terms and conditions of any applicable Community College code of conduct.
• 7.11.4.8 If, in the course of an investigation, the Community College decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the Community College will notify the parties of the additional allegations.

7.11.5 Dismissal of a Complaint. The Community College may dismiss a complaint of sex discrimination if:

• 7.11.5.1 The Community College is unable to identify the Respondent after taking reasonable steps to do so;
• 7.11.5.2 The Respondent is not participating in the Community College’s education program or activity and is not employed by the Community College;
• 7.11.5.3 The Complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the Community College determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
• 7.11.5.4 The Community College determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX.
• 7.11.5.5 Before dismissing the complaint, the Community College shall make reasonable efforts to clarify the allegations with the Complainant.
• 7.11.5.6 Upon dismissal, the Community College will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the Community College will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the Complainant, or simultaneously if notification is in writing.
• 7.11.5.7 The Community College will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then the Community College will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
  • 7.11.5.7.1 Procedural irregularity that would change the outcome;
  • 7.11.5.7.2 New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
  • 7.11.5.7.3 The Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.
• 7.11.5.8 If the dismissal is appealed, the Community College will:
  • 7.11.5.8.1 Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
  • 7.11.5.8.2 Implement appeal procedures equally for the parties;
  • 7.11.5.8.3 Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
  • 7.11.5.8.4 Ensure that the decisionmaker for the appeal has been trained consistent with Applicable Law;
  • 7.11.5.8.5 Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
  • 7.11.5.8.6 Notify the parties of the result of the appeal and the rationale for the result. minimum:
• 7.11.5.9 When a complaint is dismissed, the Community College will, at a
  • 7.11.5.9.1 Offer supportive measures to the Complainant as appropriate;
  • 7.11.5.9.2 If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
  • 7.11.5.9.3 Take other prompt and effective steps, as appropriate, through the Coordinator to ensure that sex discrimination does not continue or recur within the Community College’s education program or activity.

7.11.6 Investigation. The Community College shall provide for adequate, reliable, and impartial investigation of complaints.

• 7.11.6.1 The burden is on the Community College—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
• 7.11.6.2 The Community College shall provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.
• 7.11.6.3 The Community College shall review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
• 7.11.6.4 The Community College shall provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
  • 7.11.6.4.1 The Community College shall provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the Community College provides a description of the evidence: the Community College shall provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.;
  • 7.11.6.4.2 The Community College shall provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
  • 7.11.6.4.3 The Community College shall take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.
• 7.11.6.5 The Community College shall provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

7.11.7 Questioning the Parties and Witnesses. Decisionmakers may question parties and witnesses to assess a party’s or witness’s credibility adequately to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The decisionmaker shall determine a reasonable method of questioning parties and witnesses and may retain a court reporter to record the questions and answers provided.

7.11.8 Determination Whether Sex Discrimination Occurred. Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the Community College shall:

• 7.11.8.1 Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker shall not determine that sex discrimination occurred.
  • 7.11.8.1.1 Simultaneously notify the parties in writing of the determination whether sex discrimination occurred under Title IX. The notice and determination shall include the following:
  • 7.11.8.1.2 A description of the alleged sex discrimination, including sex- based harassment if alleged;
  • 7.11.8.1.3 Information about the policies and procedures that the Community College used to evaluate the allegations;
  • 7.11.8.1.4 The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex discrimination and sex-based harassment occurred;
  • 7.11.8.1.5 When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions that the Community College will impose on the Respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the Community College to the Complainant, and, to the extent appropriate, other students identified by Community College to be experiencing the effects of the sex-based harassment; and
  • 7.11.8.1.6 the Community College’s procedures and permissible bases for the Complainant and Respondent to appeal
• 7.11.8.2 Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the Respondent engaged in prohibited sex discrimination; provided, however, the discipline may be imposed on a Respondent as the evidence may warrant for things other than sex discrimination if there is a determination that sex discrimination did not occur.
• 7.11.8.3 If there is a determination that sex discrimination occurred, the Coordinator will, as appropriate:
  • 7.11.8.3.1 Coordinate the provision and implementation of remedies to a Complainant and other people the Community College identifies as having had equal access to the Community College’s education program or activity limited or denied by sex discrimination;
  • 7.11.8.3.2 Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
  • 7.11.8.3.3 Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the Community College’s education program or activity.
  • 7.11.8.3.4 Comply with the grievance procedures before the imposition of any disciplinary sanctions against a Respondent; and
  • 7.11.8.3.5 Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

7.11.9 Appeal of Determinations.

• 7.11.9.1 The Community College offers the following process for appeals from a determination whether sex discrimination occurred.
  • 7.11.9.1.1 Either party may file an appeal based on the following grounds only:
    • 7.11.9.1.1.1 Procedural Irregularity. A procedural error or failure to follow institutional Title IX policies occurred that materially affected the outcome of the matter.
    • 7.11.9.1.1.2 New Evidence. New evidence that was not reasonably available at the time of the determination or hearing has become known and could materially affect the outcome of the matter.
    • 7.11.9.1.1.3 Conflict of Interest or Bias: The Coordinator, investigator, or decision-maker had a conflict of interest or demonstrated bias for or against Complainants or Respondents generally, or specifically in this case, which affected the outcome.
  • 7.11.9.1.2 Filing an Appeal:
    • 7.11.9.1.2.1 Submission of Appeal. Appeals must be submitted in writing to the Coordinator within fourteen (14) calendar days of receiving the written determination of responsibility.
    • 7.11.9.1.2.2 The appeal must clearly state the grounds for the appeal and include a detailed explanation and supporting evidence or arguments related to the specific grounds.
    • 7.11.9.1.2.3 If the appeal is based on new evidence, the appealing party must include the new evidence with the appeal.
  • 7.11.9.1.3 Notification to Other Party. Upon receiving an appeal, the Coordinator shall promptly notify the other party in writing that an appeal has been filed.
    • 7.11.9.1.3.1 The non-appealing party shall be given an opportunity to submit a written response to the appeal, within fourteen (14) business days of receiving notice of the appeal.
  • 7.11.9.1.4 Reviewing the Appeal:
    • 7.11.9.1.4.1 Appointment of an Appeal Decisionmaker. An impartial appeal decisionmaker, who was not involved in the original investigation or determination, will be appointed to review the appeal. This individual must have been trained in accordance with Applicable Law.
    • 7.11.9.1.4.2 Scope of Review: The appeal decisionmaker will review the appeal based solely on the specific grounds raised by the appealing party. The review will focus on:
      • 7.11.9.1.4.2.1 Evaluating whether a procedural irregularity occurred that affected the outcome;
      • 7.11.9.1.4.2.2 Assessing the relevance and potential impact of any newly submitted evidence; and
      • 7.11.9.1.4.2.3 Examining whether a conflict of interest or bias influenced the decision.
    • 7.11.9.1.4.3 No New Hearing, Investigation or Questioning. The appeal is a review of the record and does not involve a new hearing, investigation or questioning of parties or witnesses. Instead, the appeal decisionmaker will base its review on the Community College’s record reviewed by the first decisionmaker, and any newly submitted evidence or written arguments by the parties at the appeal leave.
    • 7.11.9.1.4.4 Request for Clarifications. If necessary, the appeal decisionmaker may request clarifications from the Coordinator, investigator, or decision-maker regarding specific procedural issues or evidence.
    • 7.11.9.1.4.5 Possible Appeal Outcomes: After reviewing the appeal, the appeal decisionmaker may take one of the following actions:
      • 7.11.9.1.4.5.1 Affirm the Original Decision. The original decision shall be affirmed if the appeal decisionmaker determines that the original decision was made correctly and that none of the appeal grounds justify changing the outcome.
      • 7.11.9.1.4.5.2 Modify the Decision. The original decision may be modified if the appeal decisionmaker if procedural errors or new evidence indicate that the original sanctions were not appropriate, while maintaining the original finding of responsibility or non-responsibility.
      • 7.11.9.1.4.5.3 Remand the Case for Further Action. The appeal decisionmaker may remand the case back to the original or a new decision-maker or investigator for further investigation or reconsideration, particularly in cases where new evidence has emerged or where procedural errors may have affected the outcome.
      • 7.11.9.1.4.5.4 Reverse the Original Decision. If the appeal decisionmaker determines that a procedural irregularity, conflict of interest, or bias significantly affected the outcome, they may reverse the original determination.
• 7.11.9.1.5 Notification of Appeal Decision.
  • 7.11.9.1.5.1 Written Decision: The appeal decisionmaker will issue a written decision outlining the outcome of the appeal and the rationale behind the decision. This decision will be sent to both parties simultaneously
  • 7.11.9.1.5.2 The decision will include: (a) whether the grounds for appeal were met; (b) a summary of the appeal review process; (c) the outcome of the appeal and any changes to the original determination; and (d) finality of appeal decision:
• 7.11.9.1.6 Finality of Appeal Decision. The decision on the appeal is final and concludes the grievance process. No further appeals are permitted under this policy.
• 7.11.9.1.7 Timeline for Appeal Process. The appeal process should typically be completed within 15-20 business days from the submission of the appeal. However, extensions may be granted for good cause, such as the need to gather additional information or address complex issues. Both parties will be notified in writing of any extensions.
• 7.11.9.1.8 Confidentiality. The Community College shall maintain the confidentiality of all records, proceedings, and communications related to the appeal process, except as required by law or as necessary to provide parties with a fair process.

7.11.10 Finality of Decision. The determination regarding responsibility becomes final either on the date that the Community College provides to the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

7.11.11 Discretion to Offer Informal Resolution In Some Circumstances. At any time prior to determining whether Sex Discrimination occurred under 34 C.F.R. 106.45, and if applicable 34 C.F.R.  106.46, the Coordinator may offer to a Complainant and Respondent an informal resolution process.

• 7.11.11.1 When the Community College provides the parties an informal resolution process, the Coordinator must, to the extent necessary, take other appropriate prompt and effective steps to ensure that Sex Discrimination does not continue or recur.
• 7.11.11.2 Except when prohibited by law, the Coordinator has discretion to determine whether it is appropriate to offer an informal resolution process when it receives information about conduct that reasonably may constitute Sex Discrimination under Title IX or this Policy or when a Complaint of Sex Discrimination is made, and may decline to offer informal resolution despite one or more of the parties' wishes.
• 7.11.11.3 In addition to the limitations in Applicable Law, circumstances when the Coordinator may decline to allow informal resolution include but are not limited to when the Coordinator determines that the alleged conduct would present a future risk of harm to others.
• 7.11.11.4 The Community College must not require or pressure the Parties to participate in an informal resolution process.
• 7.11.11.5 The Community College must obtain the Parties' voluntary consent to the informal resolution process and must not require waiver of the right to an investigation and determination of a Complaint as a condition of enrollment or continuing enrollment, or employment or continuing employment, or exercise of any other right.
• 7.11.11.6 Before initiation of an informal resolution process, the Coordinator must provide to the parties notice that explains:
  • 7.11.11.6.1 The allegations;
  • 7.11.11.6.2 The requirements of the informal resolution process;
  • 7.11.11.6.3 That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume the grievance procedures;
  • 7.11.11.6.4 That the Parties' agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming grievance procedures arising from the same allegations;
  • 7.11.11.6.5 The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
  • 7.11.11.6.6 What information the Community College will maintain and whether and how the Community College could disclose such information for use in grievance procedures if grievance procedures are initiated or resumed.
• 7.11.11.7 The facilitator for the informal resolution process must not be the same person as the investigator or the decisionmaker in the grievance procedures. Any person designated by the Community College to facilitate an informal resolution process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Any person facilitating informal resolution must receive training in accordance with Title IX.
• 7.11.11.8 Potential terms that may be included in an informal resolution agreement include but are not limited to:
  • 7.11.11.8.1 Restrictions on contact; and
  • 7.11.11.8.2 Restrictions on the Respondent's participation in one or more of the Community College programs or activities or attendance at specific events, including restrictions the Community College could have imposed as remedies or disciplinary sanctions had the Community College determined at the conclusion of the grievance procedures that Sex Discrimination occurred.

7.11.12 Supportive Measures.

• 7.11.12.1 The Community College shall offer and coordinate supportive measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to the Community College’s education program or activity or provide support during the grievance procedures or during the informal resolution process.
• 7.11.12.2 Supportive measures are non-disciplinary, non-punitive services offered to the Complainant and Respondent involved in a Title IX matter. These measures are designed to ensure the safety and well-being of all parties and to maintain access to the institution’s educational programs and activities. Supportive measures are offered on a case-by-case basis and are intended to be individualized, reasonable, and without cost to the parties involved.
• 7.11.12.3 The Coordinator has the authority to offer the following supportive measures:
• 7.11.12.4 Academic Accommodations:
  • 7.11.12.4.1 Modifications to class schedules, deadlines, or assignments.
  • 7.11.12.4.2 Allowing a party to complete coursework remotely or through alternative arrangements.
  • 7.11.12.4.3 Providing tutoring or academic support services.
  • 7.11.12.4.4 Extensions of time or other course-related adjustments.
• 7.11.12.5 Counseling and Mental Health Services.
  • 7.11.12.5.1 Referrals to on-campus or off-campus counseling or mental health services.
  • 7.11.12.5.2 Offering access to confidential counseling through the Community College.
• 7.11.12.6 No-Contact Orders. Issuance of a mutual no-contact order to prevent direct or indirect communication between the Complainant and Respondent.
• 7.11.12.7 Changes to Work or Employment Arrangements.
  • 7.11.12.7.1 Adjustments to work schedules, locations, or job duties for student workers, faculty, or staff.
  • 7.11.12.7.2 Temporary reassignment or change in supervisory responsibilities.
• 7.11.12.8 Escort and Safety Measures.
  • 7.11.12.8.1 Providing escorts on campus to ensure safety while moving between classes or activities.
  • 7.11.12.8.2 Increasing security and monitoring of specific areas on campus. arrangements.
• 7.11.12.9 Changes to Transportation or Parking.
  • 7.11.12.9.1 Assistance with finding alternative transportation or parking
  • 7.11.12.9.2 Allowing a party to change parking locations to avoid contact with the other party.
• 7.11.12.10 Restrictions on Participation in Extracurricular Activities. Temporary or permanent adjustments to a party's involvement in extracurricular activities, clubs, or athletics to ensure safety and avoid conflict.
• 7.11.12.11 Access to Legal or Advocacy Services. Referrals to legal assistance, victim advocacy, or other external resources for support.
• 7.11.12.12 Leave of Absence or Temporary Suspension. Offering a temporary leave of absence or voluntary withdrawal from classes or employment, as needed, without penalty.
• 7.11.12.13 Interim Suspension or Removal (for Emergency Situations). In cases of immediate threat to the physical health or safety of any individual, the Community College may conduct a safety assessment and impose an emergency removal or suspension of the Respondent. This is typically used in extreme circumstances and includes a process for challenging the removal.
• 7.11.12.14 Increased Campus Security or Monitoring. Increased monitoring of specific buildings, areas, or activities to provide additional safety to individuals involved in a Title IX process.
• 7.11.12.15 Assistance with Filing Complaints or Grievances. Helping the Complainant or Respondent understand how to file formal complaints, grievances, or appeals related to the Title IX process.
• 7.11.12.16 Process for Providing Supportive Measures.
  • 7.11.12.16.1 Individualized Assessment. The Coordinator will work with the parties to identify appropriate supportive measures based on their specific needs and circumstances.
  • 7.11.12.16.2 Non-Punitive Nature. Supportive measures shall not impose an unreasonable burden on either party and are designed to ensure equal access to the institution’s educational programs and activities.
  • 7.11.12.16.3 Confidentiality. Supportive measures will be provided confidentially to the extent reasonably possible, ensuring that only those who need to know are informed of the arrangements.
  • 7.11.12.16.4 Ongoing Review. Supportive measures may be adjusted or continued throughout the grievance process, depending on the changing needs of the parties.

7.12 Disciplinary Sanctions and Remedies. Following a determination that sex-based harassment occurred, the Community College may impose disciplinary sanctions, which may include the dismissal of employees or the expulsion of students.

7.12.1 Upon a finding of a violation of this Policy or of any other applicable work or student rule or requirement, the Community College may impose discipline upon an employee or student within its lawful authority.

• 7.12.1.1 For employees who have been found to be subject to discipline, the discipline may include a verbal reprimand, a written reprimand, a warning, a suspension without pay, mandatory additional or specialized training, demotion, discharge, or any combination thereof.
• 7.12.1.2 For any student who has been found to be subject to discipline, the discipline may include any discipline referenced in and allowed by the Code of Student Conduct.

7.13 Grievance Procedures for Complaints of Sex-Based Harassment Involving Student Complainants or Student Respondents at Postsecondary Institutions.

7.13.1 Compliance with 106.34. Notwithstanding anything herein to the contrary, Complaints of Sex-Based Harassment involving student Complainants or student Respondents, shall meet the requirements of 34 C.F.R. 106.46.

7.13.2 Incorporation of Grievance Process. Except as stated otherwise herein, the terms and conditions set forth in 7.9 (relating to responses to sex discrimination) and 7.11 (relating to the grievance procedure) are incorporated herein by this reference and shall be followed with regard to complaints of sex-based harassment involving a student Complainant or student Respondent.

7.13.3 Student Employees. When a party is both a student and an employee of the Community College, the Coordinator shall make a fact-specific inquiry to determine whether the requirements of 34 C.F.R 106.46 apply. In making this determination, the Coordinator must, at a minimum, consider whether the party’s primary relationship with the Community College is to receive an education and whether the alleged sex-based harassment occurred while the party was performing employment-related work.

7.13.4 Complaints. The following people have a right to make a complaint of sex-based harassment, requesting that College investigate and make a determination about alleged sex-based harassment under Title IX:

• 7.13.4.1 A “Complainant,” which includes:
  • 7.13.4.1.1 a student or employee of the Community College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
  • 7.13.4.1.2 a person other than a student or employee of the Community College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the College’s education program or activity;
• 7.13.4.2 A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
• 7.13.4.3 The Community College’s Title IX Coordinator.

7.13.5 Consolidation of Complaints. Except as provided in Applicable Law or in this Policy, the College may consolidate complaints of sex discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.

• 7.13.5.1 The Community College shall not consolidate complaints if consolidation would violate the Family Educational Rights and Privacy Act (FERPA). Consolidation would not violate FERPA when the College obtains prior written consent from eligible students to the disclosure of their education records. See 34 CFR 99.30; 34 CFR 99.3 (defining an “eligible student” as “a student who has reached 18 years of age or is attending an institution of postsecondary education”).

7.13.6 Expert Witnesses. The Coordinator shall have the discretion to determine whether the parties may present expert witnesses, provided that the determination applies equally to the parties.

7.13.7 Process for Proposing Questions.

• 7.13.7.1 The grievance process shall not include “live hearings.” Investigative meetings or interviews are not considered to be and shall not be deemed to be “live hearings.”
• 7.13.7.2 The grievance process shall include a process for the parties to propose relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, in accordance with the following terms and conditions:
  • 7.13.7.2.1 Investigators and decisionmakers are allowed to ask such questions during individual meetings with a party or witness;
  • 7.13.7.2.2 Each party shall be allowed to propose such questions that the party wants asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the procedures for evaluating and limiting questions discussed below; and
  • 7.13.7.2.3 Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.
• 7.13.7.3 Procedures For Decisionmakers To Evaluate Questions; Limitations On Questions.
  • 7.13.7.3.1 The decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible.
  • 7.13.7.3.2 Questions that are unclear or harassing of the party or witness being questioned will not be permitted.
  • 7.13.7.3.3 The decisionmaker shall give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.
  • 7.13.7.3.4 Refusal To Respond To Questions And Inferences Based On Refusal To Respond To Questions.
    • 7.13.7.3.4.1 Decisionmakers may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible.
    • 7.13.7.3.4.2 The Decisionmakers shall not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

7.14 Training. The Coordinator shall ensure that training occurs that complies with the following terms and conditions.

7.14.1 Basic Training. All employees must be trained on:

• 7.14.1.1 The Community College’s prohibitions of unlawful discrimination, harassment and retaliation;
• 7.14.1.2 The Community College’s obligation to address Sex Discrimination;
• 7.14.1.3 The scope of conduct that constitutes Sex Discrimination under Applicable Law, including the definition of Sex-Based Harassment; and
• 7.14.1.4 The following notification and information requirements:
  • 7.14.1.4.1 When a student, or a person who has a legal right to act on behalf of the student, informs any employee of the student's pregnancy or related conditions, unless the employee reasonably believes that the Coordinator has been notified, the employee must:
    • 7.14.1.4.1.1 promptly provides that person with the Coordinator's contact information; and
    • 7.14.1.4.1.2 inform that person that the Coordinator can coordinate specific actions to prevent Sex Discrimination and ensure the student's equal access to the Community College’s education program or activity.
  • 7.14.1.4.2 All employees who are not Confidential Employees must notify the Coordinator when the employee has information about conduct that reasonably may constitute Sex Discrimination under Applicable Law.
  • 7.14.1.4.3 Any employee who is not a Confidential Employee and who either has authority to institute corrective measures on behalf of the Community College or has responsibility for administrative leadership, teaching, or advising in the Community College’s education program or activity must notify the Coordinator when the employee has information about conduct that reasonably may constitute Sex Discrimination under Applicable Law; and
  • 7.14.1.4.4 All employees who are not confidential employees to either:
    • 7.14.1.4.4.1 Notify the Coordinator when the employee has information about conduct that reasonably may constitute Sex Discrimination under Applicable Law, or
    • 7.14.1.4.4.2 Provide the contact information of the Coordinator and information about how to make a Complaint of Sex Discrimination to any person who provides the employee with information about conduct that reasonably may constitute Sex Discrimination under Applicable Law.

7.14.2 Additional Training Responsibilities. The Coordinator(s), investigators, decision- maker(s), and any person(s) who facilitates an informal resolution process, must receive training on:

• 7.14.2.1 the Basic Training described in 7.14.1 hereof;
• 7.14.2.2 the scope of the Community College’s education programs and activities as those terms are defined in Applicable Law,
• 7.14.2.3 how to conduct an investigation and the grievance process including hearings, appeals, and informal resolution processes, as applicable; and
• 7.14.2.4 how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

7.14.3 Technology Training. Decision-makers must receive training on any technology to be used, if any, and on issues of relevance of questions and evidence, including when questions and evidence about the Complainant's sexual predisposition or prior sexual behavior are not relevant, as set forth in 34 CFR 106.45(b)(6).

7.14.4 Investigator Training. Investigators must receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence, as set forth in 34 CFR 106.45(b)(5)(vii).

7.14.5 Training Materials. Materials used to train Title IX Coordinator(s), investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes, and must promote impartial investigations and adjudications of Complaints of Sex-Based Harassment.

7.15 Public Awareness Events. When the Coordinator is notified of information about conduct that reasonably may constitute Sex-Based Harassment that was provided by a person during a public event to raise awareness about Sex-Based Harassment that was held on the Community College’s campus or through an online platform sponsored by the Community College, the Community College is not obligated to act in response to the information, unless it indicates an imminent and serious threat to the health or safety of a Complainant, any students, employees, or other persons. However, in all cases the Community College must use this information to inform its efforts to prevent Sex-Based Harassment, including by providing tailored training to address alleged Sex-Based Harassment in a particular part of its education program or activity or at a specific location when information indicates there may be multiple incidents of Sex-Based Harassment.

7.16 Assistance Administered By Community College To Study At A Foreign Institution. Under the direction of and with the approval of the Coordinator, the Community College may administer or assist in the administration of scholarships, fellowships, or other awards established by foreign or domestic wills, trusts, or similar legal instruments, or by acts of foreign governments and restricted to members of one sex, which are designed to provide opportunities to study abroad, and which are awarded to students who are already matriculating at or who are graduates of the Community College; Provided, the Community College provides, or otherwise makes available reasonable opportunities for similar studies for members of the other sex. Such opportunities may be derived from either domestic or foreign sources as shall be determined by the Coordinator.

7.16 Definitions Applicable to This Article VII.

7.16.1 When used in this Article, the following terms when capitalized shall have the following meanings unless the context clearly indicates otherwise.

• 7.16.1.1 “Complainant” means (a) a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part; or (b) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part and who was participating or attempting to participate in the recipient's education program or activity at the time of the alleged sex discrimination.
• 7.16.1.2 “Complaint” means an oral or written request to the Community College that objectively can be understood as a request for the Community College to investigate and make a determination about alleged discrimination under Title IX or this Policy.
• 7.16.1.3 “Party” means a Complainant or Respondent.
• 7.16.1.4 “Relevant” means related to the allegations of sex discrimination under investigation as part of the grievance procedures under 34 C.F.R. 106.45, and if applicable 34 C.F.R. 106.46. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.
• 7.16.1.5 “Remedies” means measures provided, as appropriate, to a Complainant or any other person the Community College identifies as having had their equal access to the Community College's education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person's access to the Community College's education program or activity after the Community College determines that Sex Discrimination occurred.
• 7.16.1.6 “Respondent” means a person who is alleged to have violated the Community College's prohibition on Sex Discrimination.
• 7.16.1.7 “Student” means a person who has gained admission.

Article VIII. Employee Responsibilities.

8.1 Community College employees must comply with all applicable provisions of this Policy and cooperate in all processes under this Policy.

8.2 Community College employees must report discriminatory, retaliatory, or harassing conduct of which they become aware or that is reported to them to the Coordinator unless they are excused from doing so under Applicable Law.

8.3 Community College employees who observe such conduct or who receive any Complaints or reports of such conduct must report the conduct, report, or Complaint to the Coordinator to ensure that the Community College takes prompt and effective action to respond to and eliminate unlawful discrimination, harassment or retaliation in accordance with and as Required by Law.

8.4 In the event that the Coordinator is the alleged perpetrator of unlawful conduct or Respondent under this Policy, Community College employees must report to the President.

8.5 Prohibited Disclosures of Personally Identifiable Information. Employees, officials, and agents must not disclose personally identifiable information obtained in the course of complying with this part, except in the following circumstances:

8.5.1 When the Community College has obtained prior written consent from a person with the legal right to consent to the disclosure;

8.5.2 When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;

8.5.3 To carry out the purposes of this Policy, including action taken to address conduct that reasonably may constitute Sex Discrimination under Title IX in the Community College’s education program(s) or activity(ies);

8.5.4 As required by Federal law, Federal regulations, or the terms and conditions of a Federal award, including a grant award or other funding agreement; or

8.5.5 To the extent such disclosures are not otherwise in conflict with Title IX or this Policy, when required by State or local law or when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99.

Article IX. No Retaliation.

9.1 No one will be subject to, and the Community College prohibits, any form of discipline, reprisal, intimidation or retaliation for good faith reports or Complaints of incidents of discrimination, retaliation, or harassment of any kind, pursuing any discrimination, retaliation or harassment claim or cooperating in related investigations.

Article X. Violations of this Policy.

10.1 Any employee or official, regardless of position or title, who has been found to have subjected an individual to unlawful discrimination, retaliation, or harassment, will be subject to discipline, up to and including termination of employment or removal from office. Any student who has been found to have subjected any other student to unlawful discrimination, retaliation, or harassment, will be subject to discipline, up to and including permanent expulsion.

Article XI. Recordkeeping.

11.1 Notwithstanding anything in this or any other Policy to the contrary, the Community College shall maintain for a period of at least seven (7) years records of:

11.1.1 For each Complaint of Sex Discrimination, records documenting the informal resolution process under 34 C.F.R. 106.44(k) or the grievance procedures under 106.45, and if applicable 106.46, and the resulting outcome.

11.1.2 For each notification the Coordinator receives of information about conduct that reasonably may constitute Sex Discrimination under Title IX or this Policy, including notifications under 34 C.F.R. 106.44(c)(1) or (2), records documenting the actions the recipient took to meet its obligations under 34 C.F.R. 106.44.

11.1.3 All materials used to provide training under paragraph (d) of this section.

• 11.1.3.1 The Community College must make these training materials available upon request for inspection by members of the public.

Article XII. Employees Covered under a Collective Bargaining Agreement

12.1 The employment terms set out in this Policy work in conjunction with, and do not replace, amend or supplement any terms or conditions of employment stated in an applicable collective bargaining agreement to which the Community College is a party.

Article XIII. Conduct Not Prohibited by this Policy

13.1 This Policy is not intended to preclude or dissuade employees or students from engaging in legally protected activities or speech. Nothing in this Policy shall be construed in a way which is in violation of the constitutional or legal rights of any person or entity.

Article XIV. Definitions and Construction of this Policy

14.1 Construction. The following terms and conditions govern the interpretation of this Policy.

14.1.1 Except as expressly provided otherwise in this Policy, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereto" and "hereunder" refer to this Policy as a whole.

14.1.2 Unless the context clearly otherwise requires, references herein: (a) to Articles sections, and subsections mean the Articles, sections and subsections of this Policy; (b) to this Policy means this Policy as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (c) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder.

14.1.3 Unless the context clearly otherwise requires, references herein: to and Article, section, or subsection, includes the sections and subsections with the referenced Article, section, or subsection.

14.1.4 Whenever the masculine is used in this Policy, the same shall include the feminine and whenever the feminine is used herein, the same shall include the masculine, where appropriate.

14.1.5 Whenever the singular is used in this Policy, the same shall include the plural, and whenever the plural is used herein, the same shall include the singular, where appropriate.

14.1.6 The headings used in this Policy are for reference and convenience only, do not in any way define, limit, describe, or amplify the provisions of this Policy or the scope or intent of this Policy, are not a part of this Policy, and will not enter into the interpretation of this Policy.

14.1.7 All references to “days” in this Policy mean calendar days unless otherwise stated. The term “business day” or “working day” means Monday through Friday, excluding holidays observed by the Community College.

14.1.8 Severability. If any provision of this Policy or its application to any person, act, or practice is held invalid, the remainder of the Policy or the application of its provisions to any person, act, or practice shall not be affected thereby.

14.2 Defined Terms. Unless the context clearly otherwise requires, capitalized terms shall have the meanings specified in this Policy.

14.2.1 “Applicable Law” means and includes all federal, state and local statutes, ordinances, and regulations, including the rules and regulations of any government authority having appropriate jurisdiction, and any applicable court orders or decisions of a court having jurisdiction of the Community College in effect as of the date that any act occurred.

14.2.2 “Board” means the Board of Trustees of the Community College and the members of same, individually or in combination, as the situation demands.

14.2.3 “Confidential Employee” means:

• 14.2.3.1 An employee of the Community College whose communications are privileged or confidential under Applicable Law. The employee’s confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;
• 14.2.3.2 An employee whom the Community College has designated as confidential under 34 C.F.R. Part 106 for the purpose of providing services to persons related to Sex Discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Sex Discrimination in connection with providing those services; or
• 14.2.3.3 An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sex Discrimination—but the employee’s confidential status is only with respect to information received while conducting the study.

14.2.4 “Coordinator” means and shall be interchangeable with “Vice President of Institutional Equity” and includes any designee of the Coordinator.

14.2.5 “Vice President of Institutional Equity” means the Vice President of Institutional Equity, an Interim Vice President of Institutional Equity, an Acting Vice President of Institutional Equity, a Substitute Vice President of Institutional Equity, or the designee of any of them.

14.2.6 “Pregnancy” or related conditions means:

• 14.2.6.1 Pregnancy, childbirth, termination of pregnancy, or lactation;
• 14.2.6.2 Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
• 14.2.6.3 Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

14.2.7 “Required by Law” means a mandate contained in law that compels the Community College to act or refrain from acting and that is enforceable in a court of law. “Required by Law” includes court orders and court-ordered warrants; subpoenas or summons issued by a court, grand jury, a governmental or an administrative body; conditions for participation in any program agreed upon by the Community College or imposed upon the Community College for participating in the program; and terms of assurances made by the Community College to any state or federal agency.

14.2.8 “Retaliation” means intimidation, threats, coercion, or discrimination against any person by the Community College, a student, or an employee or other person authorized by the Community College to provide aid, benefit, or service under the Community College's education program or activity, for the purpose of interfering with any right or privilege secured by Applicable Law, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy, including in an informal resolution process under 34 C.F.R. 106.44(k), in grievance procedures under 34 C.F.R. 106.45, and if applicable 34 C.F.R. 106.46, and in any other actions taken by a under 106.44(f)(1). Nothing in this definition or this part precludes Community College from requiring an employee or other person authorized by the Community College to provide aid, benefit, or service under the recipient's education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this part.

14.2.9 “School” means schools, classes, activities, extracurricular activities, programs and those things for which the Community College is legally obligated under Applicable Law. Notwithstanding anything herein to the contrary, it does not include those programs or activities for which the Community College is not legally responsible.

14.2.10 “Community College” means the Delaware County Community College.

14.2.11 “President” means the President, an Interim President, a Substitute President, or the designee of any of them.

END OF POLICY