PURPOSE

Skagit Valley College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington State’s Law Against Discrimination, Chapter 49.60 RCW and their implementing regulations. To this end, Skagit Valley College (the college) has enacted this policy prohibiting discrimination against and harassment of members of these protected classes. Any individual found to be in violation of this policy will be subject to disciplinary action up to and including dismissal from the college or from employment.

This policy and related procedure addresses occurrences of discrimination and harassment based on membership or perceived membership in a protected class as well as gender-based discrimination that falls outside the jurisdiction of Title IX. Occurrences of sexual harassment falling within the jurisdiction of Title IX as defined in 34 C.F.R. §106.30 are addressed under the Title IX Grievance Procedure.

Any employee, student, applicant, or visitor who believes that they have been the subject of discrimination, harassment, or bullying should report the incident or incidents to the College’s Title IX/EEO Office identified below.

All district employees (faculty, staff, student employees and administrators) are designated as “responsible employees” and must report actual or suspected discrimination or harassment immediately, subject to limited exceptions for employees who are statutorily barred from reporting. All details of the reports they receive must be shared promptly. If the complaint is against that coordinator, the impacted party should report the matter to the president’s office for referral to an alternate designee.

REFERENCES

• Title IX of the Education Amendments of 1972
• Violence Against Women Reauthorization Act (VAWA)
• Americans with Disabilities Act and ADA Amendment Act (ADA and ADAA)
• Section 504 of the Rehabilitation Act of 1973
• Title VI and VII of the Civil Rights Act of 1964
• Age Discrimination in Employment Act of 1967 (ADEA)
• RCW 49.60 Washington Law Against Discrimination (WLAD),
• Washington State and SVC Collective Bargaining Agreements
• RCW 28B.110 Gender Equality in Higher Education
• RCW 9A.44.093 Sexual misconduct with a minor in the first degree.
• 34 CFR §668.46 Institutional security policies and crime statistics.

TITLE IX /EEO OFFICE

Title: Associate Vice President of Human Resources, Title IX/EEO Coordinator
Department: Human Resources/Title IX/EEO Office
Phone number: 360-416-7679

Title Deputy Title IX/EEO Coordinator
Department: Human Resources/Title IX/EEO Office
Phone number: 360-416-7923

The Title IX/EEO Coordinator or designee:

• will accept all complaints and reports from college employees, students, applicants, and visitors;
• will inform the complainant of resources and will assist with contacting law enforcement, if desired;
• will provide information about advocates;
• will make determinations regarding how to handle requests by complainants for confidentiality;
• will make determinations of whether the complaint meets the definition of sexual harassment as defined in 34 C.F.R §106.30 and must be pursued in accordance with the college’s Title IX Grievance Policy and procedures;
• will keep accurate records of all complaints and reports for the required time period
• may conduct or delegate investigations and oversee investigations conducted by a designee.
• may impose interim remedial measures to protect parties during investigations of discrimination or harassment;
• will make findings of fact on investigations completed;
• may recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct.

DEFINITIONS

The following definitions are specific to the terms of this procedure and do not modify or revise similar terms as used in related procedures or collective bargaining agreements.

Advocate: Individuals who assist members of the SVC community with concerns about their rights and the policies and procedures of Skagit Valley College. Advocates will:

• Provide information on college policies and Title IX obligations;
• Provide resources about counseling and medical resources both on campus and in the community;
• Upon request, assist complainant with filing a complaint;
• Upon request, assist respondent with reviewing college policies and procedures;
• Act as a neutral/impartial resource for student/staff;
• Upon request, serve as advocate during investigation.

Bullying: Workplace and/or Classroom bullying is defined as persistent, unwelcome, severe, and pervasive mistreatment that harms, intimidates, offends, degrades or humiliates an employee or student, whether verbal, physical or otherwise, including “cyber” bullying, in the course of employment or pursuit of education. Any employee found in violation of this policy will be disciplined up to and including immediate termination. Any student found in violation of the Code of Student Conduct, as it relates to this policy, will be disciplined. Examples of bullying behavior include, but are not limited to:

• Being held to a different standard than the rest of an employee’s work group;
• Consistent ignoring or interrupting of an employee in front of co-workers;
• Personal attacks (angry outbursts, excessive profanity, or name-calling);
• Encouragement of others to turn against, marginalize, or ostracize the targeted employee;
• Use of email, internet, or other “cyber” venues to denigrate the targeted employee.

Business Day: A week-day, excluding weekends and college holidays.

Calendar Day: Days on the calendar including weekends and holidays. “Day” refers to calendar days unless otherwise specified.

Campus: (1) Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purpose, including residence halls; and (2) Any building or property that is within or reasonably contiguous to the area identified in paragraph of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendor).

Coercion: using pressure (verbal or emotional), deception, or manipulation to cause someone to agree to sexual contact against their will, without the use of physical force.

Complainant: employee(s), student(s), applicants, or visitors(s) of Skagit Valley College who alleges that she or he has been subjected to discrimination or harassment due to their membership in a protected class.

Complaint: a description of facts that allege violation of the college’s policy against discrimination or harassment.

Conflict of Interest: If an advocate, designee or investigating authority has an actual or perceived conflict of interest, that individual may excuse themselves from the process. Once excused, that member will not have access to records/evidence pertaining to the case.

Consent: knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engaged in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual sexual conduct.

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

Discrimination: Unfavorable treatment of a person based on that person’s membership or perceived membership in a protected class. Harassment is a form of discrimination.

Harassment: a form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the college’s educational, social programs and/or student housing. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment.

Examples of conduct that could rise to the level of discriminatory harassment include but are not limited to the following:

• Epithets, slurs, “jokes,” mockery or other offensive or derogatory conduct focused upon an individual’s membership in a protected category.;
• Verbal or physical threats of violence directed toward an individual based upon their membership in a protected class;
• Making, posting, displaying, e-mailing, or otherwise circulating demeaning or offensive pictures, cartoons, graffiti, notes or other materials that relate to race, ethnic origin, gender or any other protected class.

Hate Crime: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purpose of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

Hazing: acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to admission, initiation, joining, or any other group—affiliation activity.

Hostile Environment: any situation in which there is harassing conduct that is based on protected class status and is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a complainant to participate in or benefit from the college’s educational or social programs.

The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include:

• The frequency of the conduct;
• The nature and severity of the conduct;
• Whether the conduct was physically threatening;
• Whether the conduct was directed at more than one person;
• Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness;
• Whether the speech or conduct deserves the protections of academic freedom or the 1st Amendment.

Investigation: The Title IX/EEO Office may appoint a designee to investigate the complaint. The Title IX/EEO Office shall inform the complainant and respondent of the appointment. The college representative shall conduct an investigation based upon the submitted complaint from the complainant or prepared by the Title IX/EEO Office.

Protected Class: persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status or use of a trained guide dog or service animal.

Reporter: employee(s), student(s), applicants or visitor(s) of Skagit Valley College who are aware of discriminatory practices or sexual misconduct.

Responsible Employee: an employee who:

• Has the authority to take action to redress harassment or discriminatory misconduct;
• Has been given the duty of reporting incidents of harassment or discriminatory misconduct by students; or
• A student could reasonably believe has this authority or duty.

Resolution: the means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, mediation (when appropriate), or the formal imposition of discipline sanction.

Retaliation: Retaliation occurs when an adverse action is either threatened or taken against an individual for engaging in protected activity. An adverse action is an action which might dissuade a reasonable person from making or supporting a complaint. Retaliation may include adverse actions taken against a person close to the complainant.

Resolution: the means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, resource referral, protective measures, reasonable changes to academic and housing situations, mediating, mediation, or the formal imposition of discipline. No complainant will be required to have face to face interaction with an alleged perpetrator in any informal resolution or mediation. Mediation will not be used in cases of sexual violence.

Respondent: person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons.

Sexual Exploitation: when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy, engaging in voyeurism, non-consensual video or audio taping of sexual activity; sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Sexual Misconduct: A range of behaviors including sexual harassment, sexual coercion or exploitation, sexual assault, sexual violence, domestic/dating violence, and gender-based stalking.

Sexual Harassment: a form of discrimination consisting of unwelcome, gender-based verbal, written, electronic and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s gender. There are two types of sexual harassment.

• Hostile Environment Sexual Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the College’s educational, social programs and/or student housing.
• Quid Pro Quo Sexual Harassment occurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors.

Examples of conduct that may qualify as sexual harassment include:

• Persistent comments or questions of a sexual nature.
• A supervisor who gives an employee a raise in exchange for submitting to sexual advances.
• An instructor who promises a student a better grade in exchange for sexual favors.
• Sexually explicit statements, questions, jokes, or anecdotes
• Unwelcome touching, patting, hugging, kissing, or brushing against an individual’s body.
• Remarks of sexual nature about an individual’s clothing, body, or speculations about previous sexual experience.
• Persistent, unwanted attempts to change a professional relationship to an amorous relationship.
• Direct or indirect propositions for sexual activity.
• Unwelcomed letters, emails, texts, telephone calls, or other communications referring to or depicting sexual activities.

Sexual Violence: is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

Nonconsensual sexual intercourse is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

Nonconsensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Stalking means intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated or harassed, even if the perpetrator lacks such intent.

 

PROCEDURES

Who may file a complaint or a report?

Any employee, student, applicant or visitor of the college may file a complaint to the Title IX/EEO Officer or designee. Complaints may be submitted in writing or verbally, which will be captured in written form for processing. For complainants who wish to submit a written complaint, a formal complaint form is available online. Hard copies of the complaint form are available at the following locations on campus: Title IX/EEO, Student Services and Human Resources.

Complaints shall be signed, dated, include names, description and date of the incident, and the remedy sought. If the complainant does not submit a written statement, the Title IX Office shall prepare a statement of facts which is reviewed by the complainant. All reports of incident(s) will be forwarded to the Title IX/EEO Office for coordination and a determination on how to process the complaint.

Any person submitting a discrimination complaint shall be provided with a written copy of the college’s anti-discrimination policies and procedures. The college encourages the timely reporting of any incidents of discrimination or harassment.

If at any time during the process described under this policy and procedure the complaint is determined to meet the definition of sexual harassment as defined in 34

C.F.R §106.30 the complaint will be evaluated pursuant to the college’s Title IX Grievance Policy and supplemental procedures.

If the complaint is against the coordinator or designee, or relative of the coordinator or designee attending or working for the college, the complainant should report the matter to the President’s Office or designee.

False and Malicious Accusations. Members of the college community who make false and malicious complaints of harassment, sexual harassment or discrimination may be subject to disciplinary action.

 

Confidentiality and Right to Privacy

Skagit Valley College will seek to protect the privacy of all the parties involved to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, protect against imminent risks to the safety, health, and welfare of members of the campus community, and comply with the federal and state law, as well as with Skagit Valley College policies and procedures. Skagit Valley College will attempt to honor complainants’ requests for confidentiality, it cannot guarantee complete confidentiality.

Determinations regarding how to handle requests for confidentiality will be made by the Title IX/ EEO Coordinator.

Confidentiality Requests and Sexual Violence Complaints. The Title IX / EEO Coordinator will inform and obtain consent from the complainant before commencing an investigation into a sexual violence complaint. If a sexual violence complainant asks that their name not be revealed to the respondent or that the college not investigate the allegation, the Title IX /EEO Coordinator will inform the complainant that maintaining confidentiality may limit the college’s ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that their name not be disclosed or that the college not investigate, the Title IX /EEO Coordinator will determine whether the college can honor the request and at the same time maintain a safe and non-discriminatory environment for all members of the college community, including the complainant. Factors to be weighed during this determination may include, but are not limited to:

• the seriousness of the alleged sexual violence;
• the age of the complainant;
• whether the sexual violence was perpetrated with a weapon;
• whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints;
• whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and
• whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

If the college is unable to honor a complainant’s request for confidentiality, the Title IX/EEO Coordinator will notify the complainant of the decision and ensure that complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX/EEO Coordinator will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.

 

Clery Act–Federal Statistical Reporting Obligations

Certain campus officials have a duty to report criminal misconduct, including sexual misconduct, for federal statistical reporting purposes (Clery Act). All personal identifiable information is kept confidential, however, statistical information must be passed along to Campus Security regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the complainant and may be done anonymously.

 

Clery Act—Federal Timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.

For more information on Clery Act reporting requirements please contact the Director of Security.

 

Non-Title IX Investigation Procedure Under Policy 3070

Upon receiving a discrimination complaint, the college shall commence an impartial investigation. The Title IX / EEO Coordinator shall be responsible for overseeing all investigations and will assess the written complaint and determine the appropriate steps necessary to ensure all relevant evidence is obtained and all critical elements are pursued. Investigations may be conducted by the Title IX / EEO Coordinator or their designee. If the investigation is assigned to someone other than the Title IX / EEO Coordinator, the Title IX /EEO Coordinator shall inform the complainant and respondent(s) of the appointment of an investigator.

Interim Measures. The Title IX / EEO Coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the college’s student conduct code or the college’s employment policies and collective bargaining agreements.

Investigation. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation, the investigator shall set forth their findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX / EEO Coordinator. The Title IX / EEO Coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with the Code of Student Conduct or college employment policies and collective bargaining agreements.

Responding to Written Notice of Allegations. Once notice has been sent to alleged parties involved, parties have five (5) business days to respond and make an appointment with Title IX/EEO Coordinator or designee.

Written Notice of Decision. The Title IX / EEO Coordinator will simultaneously provide each party and the appropriate student services administrator or appointing authority with written notice of investigative findings, and of actions taken or recommended to resolve the complaint, subject to the following limitations.

Complainant Notice. The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action.

Respondent Notice. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action.

Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA (Family Educational Rights and Privacy Act) confidentiality requirements.

Informal Dispute Resolution. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

Final Decision/Appeals. Either the complainant or the respondent may seek review of the decision by the Title IX / EEO Coordinator. Appeals shall be submitted in writing to the Associate Vice President for Human Resources for employee complaints or the VP of Student Services for student complaints within ten (10) calendar days of receiving the decision. The administrator will designate an individual to handle the appeal.

Appeals are limited to the following grounds:

• A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures).
• To consider new evidence, unknown or unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of the new evidence and its potential impact must be included in the submitted appeal request.
• The sanctions imposed fall outside the range of sanctions generally designated for this offense,

If no appeal is received within ten (10) calendar days, the decision becomes final. If an appeal is received, the individual handling the appeal shall respond within 21 calendar days. Both parties will be informed if an appeal has been filed. The request shall either be denied or, if found to have merit, an amended decision can be issued. Any amended decision is final and no further appeal is available.

 

Publication of Anti-Discrimination Policies and Procedures

The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president’s designee. Any person who believes he or she has been subjected to discrimination in violation of college policy will be provided a copy of these policies and procedures.

 

Limits to Authority

Nothing in this procedure shall prevent the College President or designee from taking immediate disciplinary action in accordance with Skagit Valley College policies and procedures, collective bargaining agreement(s), and federal, state, and municipal rules and regulations.

Nothing in this policy or procedure limits the college from considering applicable policies of the college when investigating complaints, including but not limited to, the college’s Code of Ethics policy, Nepotism policy, General Computing Procedures, or any other policy or procedure. For complaints involving students, nothing in this policy or procedure limits the college from evaluating the conduct of any student under the Student Code of Conduct.

 

Non-Retaliation, Intimidation and Coercion

Retaliation by, for or against any known or suspected participant (including complainant, respondent, witness, Title IX/EEO Coordinator or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation dealing with harassment/discrimination is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the Title IX/EEO Coordinator immediately.

 

Records

A copy of the final complaint and investigation report including supplemental materials shall be maintained as confidential files located in the Title IX/EEO Office.

 

Criminal Complaints

Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:

• Mount Vernon Police Department
• Oak Harbor Police Department
• Friday Harbor Police Department
• Skagit County Sheriff’s Office
• Island County Sheriff’s Office
• San Juan County Sheriff’s Office

The college will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

 

Other Discrimination Complaint Options

The internal procedures described herein are internal college procedures and, as such, serve to resolve complaints within the college’s administrative framework. These procedures do not replace an individual’s timely complaint with an external agency.

Discrimination complaints may also be filed with the following federal and state agencies:

• Washington State Human Rights Commission
• US Dept of Education Office for Civil Rights,
• Equal Employment Opportunity Commission

​TITLE IX GRIEVANCE PROCEDURES UNDER POLICY 3070 

A. Purpose

Skagit Valley College recognizes its responsibility to investigate, resolve, implement corrective measures, and monitor the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of sex, as required by Title IX of the Educational Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Reauthorization Act, and Washington State’s Law Against Discrimination, and their implementing regulations. To this end, Skagit Valley College has enacted Policy 3070 and adopted the following Title IX Grievance Procedure for receiving and investigating Sexual Harassment allegations arising during education programs and activities. Any individual found responsible for violating Skagit Valley College’s Title IX policy is subject to disciplinary action up to and including dismissal from Skagit Valley College educational programs and activities and/or termination of employment. 

Application of this Title IX Grievance Procedure is restricted to allegations of “Sexual Harassment,” as that term is defined in 34 C.F.R. §106.30. Nothing in this procedure limits or otherwise restricts Skagit Valley College’s ability to investigate and pursue discipline based on alleged violations of other federal, state, and local laws, their implementing regulations, and other college policies prohibiting gender discrimination through processes set forth in Skagit Valley College’s code of student conduct, employment contracts, employee handbooks, and collective bargaining agreements. 

B. Definitions

For purposes of this Title Ix Grievance Procedures, the following terms are defined as follows: 

1. “Consent” means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct. 

2. “Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

3. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.

4. “Formal Complaint” means a writing submitted by the Complainant or signed by the Title IX coordinator alleging Sexual Harassment against a Respondent and requesting that Skagit Valley College conduct an investigation.

5. “Education Program or Activity” includes locations, events, or circumstances over which Skagit Valley College substantial control over both the Respondent and the context in which the alleged Sexual Harassment occurred. It also includes any building owned or controlled by a student organization officially recognized by Skagit Valley College.

6. “Grievance Procedure” is the process Skagit Valley College uses to initiate, informally resolve, and/or investigate allegations that an employee or student has violated Title IX provisions prohibiting sexual harassment.

7. “Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent regardless of whether the Complainant or the Title IX Coordinator has filed a Formal Complaint. Supportive Measures restore or preserve a party’s access to Skagit Valley College’s education programs and activities without unreasonably burdening the other party, as determined through an interactive process between the Title IX Coordinator and the party. Supportive Measures include measures designed to protect the safety of all parties and/or Skagit Valley College’s educational environment and/or to deter Sexual Harassment or retaliation. Supportive measures may include, but are not limited to, (i) counseling and other medical assistance, (ii) extensions of deadlines or other course-related adjustments, (iii) modifications of work or class schedules, (iv) leaves of absence, (v) increased security or monitoring of certain areas of campus, and (vi) imposition of orders prohibiting the parties from contacting one another in housing or work situations. Determinations about whether to impose a one-way no contact order must be made on a case-by-case basis. If supportive measures are not provided, the Title IX Coordinator must document in writing why this was clearly reasonable under the circumstances.

8. “Summary Suspension” means an emergency suspension of a student Respondent pending investigation and resolution of disciplinary proceedings pursuant to the procedure and standards set forth in WAC 132D-150-310.

9. “Sexual Harassment,” for purposes of these Title IX Grievance Procedures, Sexual Harassment occurs when a Respondent engages in the following discriminatory conduct on the basis of sex:

1. 1. Quid pro quo harassment. A Skagit Valley College employee conditioning the provision of an aid, benefit, or service of the Skagit Valley College on an individual’s participation in unwelcome sexual conduct.
   2. Hostile environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Skagit Valley College’s educational programs or activities or Skagit Valley College employment. 
   3. Sexual assault. Sexual assault includes the following conduct:(i) Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without Consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact. (ii) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner. (iii) Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen (18). (iv) Statutory rape. Consensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16). (v) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010. (vi) Dating violence, Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:       (a) The length of the relationship;       (b) The type of relationship; and 

            (c) The frequency of interaction between the persons involved in the relationship. 

      (i) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress.

10. “Title IX Administrators” are the Title IX Coordinator, Title IX investigators, the Student Conduct Officer, Student Conduct Committee members, administrators with authority under the generally applicable collective bargaining agreement or policy with disciplinary authority for an employee as pertaining to Title IX disciplinary proceedings only and Skagit Valley College-provided advisors assigned to the parties by Skagit Valley College and hearing officer(s) who oversee proceedings during Title IX disciplinary proceedings.

11. “Title IX Coordinator” is responsible for processing Title IX complaints and conducting and/or overseeing formal investigations and informal resolution processes under this Grievance Procedure. Among other things, the Title IX Coordinator is responsible for:

1. • Accepting and processing all Title IX reports, referrals, and Formal Complaints.
   • Executing and submitting a Formal Complaint when appropriate and necessary.
   • Handling requests for confidentiality.
   • Determining during the Grievance Procedure (i) whether a Formal Complaint should be dismissed either in whole or in part, and if so, (ii) providing notice to both parties about why dismissal was necessary or desirable, and (iii) referring the complaint to the appropriate disciplinary authority for proceedings outside the jurisdiction of Title IX.
   • Maintaining accurate records of all complaints, reports, and referrals, and retaining investigation files, complaints, reports, and referrals in compliance with the applicable records retention schedules or federal or state law, whichever is longer.
   • Conducting investigations or assigning and overseeing investigations.
   • Engaging in an interactive process with both parties to identify and provide supportive measures that ensure during the investigation and disciplinary processes that the parties have equitable access to education programs and activities and are protected from further discrimination or retaliation.
   • Upon completion of an investigation, issuing or overseeing the issuance of a final investigation report to the parties and the appropriate disciplinary authority in compliance with this Grievance Procedure.
   • Recommending non-disciplinary corrective measures to stop, remediate, and/or prevent recurrence of discriminatory conduct to disciplinary authorities and other Skagit Valley College administrators. 

C. Principles for Title IX Grievance Procedure 

1. Respondent shall be presumed not responsible for the alleged conduct unless or until a determination of responsibility is reached after completion of the grievance and disciplinary processes.

2. Before imposing discipline, Skagit Valley College is responsible for gathering and presenting evidence to a neutral and unbiased decision maker establishing responsibility for a Title IX violation by a preponderance of the evidence.

3. Skagit Valley College shall treat both the Complainant and Respondent equitably by providing Complainant with remedies against Respondent who has been found responsible for Sexual Harassment through application of the institution’s Title IX grievance and applicable Title IX disciplinary procedures and by providing Respondent with Title IX procedural safeguards contained in this Title IX Grievance Procedures and in the applicable Title IX disciplinary procedures.

4. The investigator shall base investigation results on all relevant evidence, including both exculpatory and inculpatory evidence.

5. Formal and informal resolutions will be pursued within reasonably prompt timeframes with allowances for temporary delays and extensions for good cause shown. Grounds for temporary delay include, but are not limited to, school breaks, campus closures, extraordinary disruptions to normal operations, availability of witnesses, and inclement weather. Good cause supporting a request for an extension includes, but is not limited to: a party, a party’s advisor, or a witness being unavailable, concurrent law enforcement activity, and the need for language assistance or accommodation of disabilities. Both parties will receive written notice of any temporary delay or extension for good cause with an explanation of why the action was necessary.

6. A Respondent found responsible for engaging in Sexual Harassment may receive discipline up to and including dismissal from Skagit Valley College. A description of other possible disciplinary sanctions and conditions that may be imposed against students can be found in WAC 132D-150-070. An employee found responsible for Sexual Harassment may receive discipline up to and including dismissal from employment. Possible disciplinary sanctions and conditions that may be imposed against employees include placing finding in personnel file, verbal or written reprimand, suspension, reduction in pay, demotions, and discharge. Relevant language can be found in the collective bargaining agreement that can be found at: 

• • WPEA Collective Bargaining Agreement
  • SVCFT Collective Bargaining Agreement

7. In proceedings against a student Respondent, the parties may appeal the Student Conduct Committee’s ruling to the President pursuant to WAC 132D-150-270 and Supplement Title IX Student Conduct Code Procedures, WAC 132D-150-500 through WAC 132D-150-580. In proceedings against an employee Respondent, the parties may appeal the Employee Disciplinary Decision to the President or designee pursuant to (proposed) Supplemental Title IX Employee Disciplinary Hearing Procedure.

8. Title IX Administrators may not require, allow, rely upon, or otherwise use questions or evidence that seeks disclosure of privileged communications, unless the privilege has been effectively waived by the holder. This provision applies, but is not limited to information subject to the following:

1. • Spousal/domestic partner privilege;
   • Attorney-Client and attorney work product privileges;
   • Privileges applicable to members of the clergy and priests;
   • Privileges applicable to medical providers, mental health therapists, and counselors;
   • Privileges applicable to sexual assault and domestic violence advocates; and
   • Other legal privileges identified in RCW 5.60.060.

 

D. Title IX Administrators – Free from bias – Training requirements

1. Title IX Administrators shall perform their duties free from bias or conflicts.
2. Title IX Administrators shall undergo training on the following topics:
   • The definition of Sexual Harassment under these procedures,
   • The scope of Skagit Valley College’s educational programs and activities,
   • How to conduct an investigation,
   • How to serve impartially without prejudgment of facts, conflicts of interest, or bias,
   • Use of technology used during an investigation or hearing,
   • The relevance of evidence and questions, and
   • Effective report writing.
3. All Title IX Administrator training materials shall be available on Skagit Valley College’s Title IX webpage.

E. Filing a Complaint 

Any employee, student, applicant, or visitor who believes that they have been the subject of Sexual Harassment should report the incident or incidents to Skagit Valley College’s Title IX Coordinators identified below. If the complaint is against the Title IX Coordinator, the Complainant should report the matter to the President’s office for referral to an alternate designee. 

Sandy Jordan
Title IX Coordinator
2405 East College Way
Mount Vernon, WA 98273
Phone: 360.416.7923
Email: [email protected]

Carolyn Tucker
Associate Vice President of Human Resources / EEO
Administrative Annex
2405 East College Way, Mount Vernon, WA 98273
Phone: 360.416.7679
Email: [email protected]

Title IX Designee:
Claire Peinado
Vice President of Student Services
Lewis Hall (Mount Vernon) or Old Main (Whidbey Island)
2405 East College Way
Mount Vernon, WA 98273
Phone: 360.416.7691
Email: [email protected]

F. Confidentiality  

1. Skagit Valley College will seek to protect the privacy of the Complainant to the fullest extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Skagit Valley College policies and procedures. Although Skagit Valley College will attempt to honor Complainants’ requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX Coordinator.
2. The Title IX Coordinator will inform and attempt to obtain consent from the Complainant before commencing an investigation of alleged Sexual Harassment. If a Complainant asks that their name not be revealed to the Respondent or that Skagit Valley College not investigate the allegation, the Title IX Coordinator will inform the Complainant that maintaining confidentiality may limit Skagit Valley College’s ability to fully respond to the allegations and that retaliation by the Respondent and/or others is prohibited. If the Complainant still insists that their name not be disclosed or that Skagit Valley College not investigate, the Title IX Coordinator will determine whether Skagit Valley College can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of Skagit Valley College community, including the Complainant. Factors to be weighed during this determination may include, but are not limited to
   • The seriousness of the alleged Sexual Harassment;
   • The age of the Complainant;
   • Whether the Sexual Harassment was perpetrated with a weapon;
   • Whether the Respondent has a history of committing acts of Sexual Harassment or violence or has been the subject of other Sexual Harassment or violence complaints or findings;
   • Whether the Respondent threatened to commit additional acts of Sexual Harassment or violence against the Complainant or others; and
   • Whether relevant evidence about the alleged incident can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

3. If Skagit Valley College is unable to honor a Complainant’s request for confidentiality, the Title IX Coordinator will notify the Complainant of the decision and ensure that Complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation in compliance with this Grievance Procedure.

4. Skagit Valley College decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX Coordinator will evaluate whether other measures are available to address the circumstances giving rise to the complaint and prevent their recurrence, and implement such measures if reasonably feasible.

G. Complaint Resolution

The Title IX resolution processes are initiated when the Title IX Coordinator’s Office receives a written complaint alleging that a Respondent(s) sexually harassed a Complainant and requesting that Skagit Valley College initiate an investigation (a Formal Complaint). A Formal Complaint must be either submitted by the Complainant or signed by the Title IX Coordinator on behalf of the Complainant. Formal complaints submitted to the Title IX Coordinator may be resolved through either informal or formal resolution processes. Skagit Valley College will not proceed with either resolution process without a Formal Complaint. 

For purposes of this Title IX Grievance Procedure, the Complainant must be participating in or attempting to participate in a Skagit Valley College education program or activity at the time the Formal Complaint is filed.

1. Informal Resolution:

Under appropriate circumstances and if the impacted and responding parties agree, they may voluntarily pursue informal resolution during the investigation of a concern. Informal resolution is not appropriate when the allegations involve a mandatory reporting situation, an immediate threat to the health, safety or welfare of a member of the College community, or in cases where an employee is alleged to have sexually harassed a student.

If an informal resolution is appropriate, the impacted party and the responding party may explore remedies or resolution through:

• Guided conversations or communications conducted by the Title IX coordinator / HRO representative or a mutually agreed upon third party;
• Structured resolution process conducted by a trained mediator; or
• Voluntarily agreed on alterations to either or both of the parties’ work or class schedules or student housing arrangements.
•  

If the parties agree to an informal resolution process, Skagit Valley College will commence the process within ten (10) days after the parties agree to this option and conclude within sixty (60) days of beginning that process; subject to reasonably delays and extensions for good cause shown. The informal process is voluntary. Either the impacted or responding party may withdraw from the informal resolution process at any time, at which point the formal investigation process will resume. 

If the impacted and responding party voluntarily resolve a report, Skagit Valley College will record the terms of the resolution in a written agreement signed by both parties and provide written notice to both parties that the report has been closed. 

2. Formal Resolution

Formal resolution means that the Complainant’s allegations of Sexual Harassment will be subjected to a formal investigation by an impartial and unbiased investigator. The investigator will issue a report of the investigation findings. Upon completion of the investigation, the investigator will submit the final investigation report to the appropriate disciplinary authority to determine whether disciplinary proceedings are warranted. 

H. Emergency Removal

If a student Respondent poses an immediate threat to the health and safety of the College Community or an immediate threat of significant disruption to Skagit Valley College operations, Skagit Valley College’s student conduct officer may summarily suspend a Respondent pursuant to WAC 132D-150-330 pending final resolution of the allegations. Nothing in this Grievance Procedure prohibits Skagit Valley College from placing non-student employees on administrative leave pending final resolution of the allegations. 

 I. Investigation Notices

Upon receiving a Formal Complaint and determining that allegations comport with Title IX claims, Skagit Valley College will provide the parties with the following notices containing the following information: 

1. Notice of formal and informal resolution processes. A description of Skagit Valley College’s grievance resolution procedures, including the informal resolution procedure.

2. The investigator will serve the Respondent and the Complainant with a Notice of Investigation in advance of the initial interview with the Respondent to allow the Respondent sufficient time to prepare a response to the allegations and to inform the Complainant that Skagit Valley College has commenced an investigation. The investigation notice will:
   • Include the identities of the parties (if known), a description of the conduct alleged constituting Title IX Sexual Harassment, and the time and location of the incident (if known).
   • Confirm that the Respondent is presumed not responsible for the alleged conduct and that Skagit Valley College will not make a final determination of responsibility until after the grievance and disciplinary processes have been completed.
   • Inform parties that they are both entitled to have an advisor of their own choosing, who may be an attorney.
   • Inform parties they have a right to review and inspect evidence.
   • Inform parties about student conduct code provisions and employment policies that prohibit students and employees from knowingly submitting false information during the grievance and disciplinary processes.
3. Amended investigation notice. If during the course of the investigation, Skagit Valley College decides to investigate Title IX Sexual Harassment allegations about the Complainant or Respondent that are not included in the investigation notice, Skagit Valley College will issue an amended notice of investigation to both parties that includes this additional information.
4.  Interview and meeting notices. Before any interviewing or meeting with a party about Title IX allegations, Skagit Valley College shall provide the party at least 48 hours in advance with a written notice identifying the date, time, location, participants, and purpose of the interview or meeting with sufficient time for the party to prepare for the interview or meeting.

 

J. Investigation Process – Dismissal

1. Mandatory dismissal. The Title IX Coordinator will dismiss the Title IX allegations, if during the course of a formal investigation under the Title IX Grievance Process, the investigator determines that the alleged misconduct in the Formal Complaint:

• Does not meet the definition of Sexual Harassment under Title IX, even if proved; or
• Did not occur in the context of a College Education Program or Activity; or
• Occurred outside the United States.

2. Discretionary dismissal. Skagit Valley College may dismiss a Title IX claim in whole or in part, if:

• The Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint in whole or in part;
• Respondent is no longer enrolled with or employed by Skagit Valley College; or
• Specific circumstances prevent Skagit Valley College from gathering evidence sufficient to complete the investigation of the Title IX allegations in whole or in part.

3. The Title IX Coordinator will provide both parties written notice if Title IX allegations are dismissed with an explanation for the dismissal. Either party may appeal the dismissal of a formal complaint pursuant to either the appeal process in the Title IX employee discipline procedure referenced in the document below if the respondent is an employee or the appeal process in the Title IX supplemental student conduct procedures if the respondent is a student.

4. Mandatory or discretionary dismissal of a Title IX claim does not preclude Skagit Valley College from investigating and pursuing discipline based on allegations that a Respondent violated other federal or state laws and regulations, Skagit Valley College conduct policies, and/or other codes and contractual provisions governing student and employee conduct.

 

K. Investigation Process – Consolidation of Formal Complaints

When multiple Sexual Harassment allegations by or against different parties arise out of the same facts or circumstances, Skagit Valley College may consolidate the investigation of Formal Complaints, provided consolidation can be accomplished in compliance with confidentiality protections imposed by the Family Educational Records and Privacy Act (FERPA). This includes instances in which Complainant and Respondent have lodged Formal Complaints against one another or when allegations of sexual assault are lodged by a single Complainant against multiple Respondents, or when multiple Complainants lodge sexual assault complaints against single or multiple Respondents. 

J. Investigation Process – Required Procedures

During the investigation, the Investigator: 

1. Will provide the parties with equal opportunity to present relevant statements, and other evidence in the form of fact or expert witnesses and inculpatory or exculpatory evidence.

2. Will not restrict the ability of either party to discuss the allegations under investigation or gather and present relevant evidence, except when a no contact order has been imposed based on an individualized and fact specific determination that a party poses a threat to the health, safety, or welfare of another party and/or witnesses or when contact with a party and/or witness is prohibited by court order. A Skagit Valley College -imposed no contact shall be no broader than is necessary to protect the threatened party or witness and must provide the impacted party or their advisor with alternative means of gathering and presenting relevant evidence from the protected witness and/or party.

3. Will allow each party to be accompanied by an advisor of their choosing, who may be an attorney, to any grievance related meeting or interview. Advisors’ roles during the investigation meetings or interviews will be limited to providing support and advice to the party. Advisors will not represent or otherwise advocate on behalf of the parties during the investigation process. An attorney representing a party must enter a notice of appearance with the Title IX Coordinator and the Investigator at least five (5) business days before the initial interview or meeting they plan to attend, so that Skagit Valley College] can secure its own legal representation, if necessary.

4. The investigator will provide both parties and their respective advisors with an equal opportunity to review the draft investigation report and to inspect and review any evidence obtained during the investigation that is directly related to the allegations raised in the Formal Complaint, including inculpatory or exculpatory evidence, regardless of its source, as well as evidence upon which the investigator does not intend to rely in the final investigation report. After disclosure, each party will receive ten (10) days in which to submit a written response, which the investigator will consider prior to completion of the investigation report. If a party fails to submit a written response within ten (10) days, the party will be deemed to have waived their right to submit comments and the investigator will finalize the report without this information.

5. The investigator will forward the final report to the Title IX Coordinator, who will distribute the report and evidence to the parties, as well as the disciplinary authority responsible for determining whether pursuing disciplinary action is warranted.

 

SUPPLEMENTAL TITLE IX EMPLOYEE DISCIPLINARY HEARING PROCEDURES UNDER POLICY 3070 

1. Order of Precedence

This supplemental employee discipline procedure applies to allegations of Sexual Harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106. Disciplinary proceedings against an employee respondent alleged to have engaged in sexual harassment in violation of Title IX shall be governed by Skagit Valley College’s administrative hearing practices and procedures, Chapter WAC 132D-108-010, and this supplemental hearing procedure. To the extent the supplemental hearing procedure conflicts with WAC 132D-108-010 and/or provisions set forth in employment contracts, collective bargaining agreements, employee handbooks, and other Skagit Valley College employment policies and procedures, this supplemental hearing procedure will take precedence. 

Notwithstanding the foregoing, if Respondent is a tenured or probationary faculty member and the designated administrator appointed by the President/Vice President of Instruction determines that the allegations in the investigation, if true, would warrant Respondent’s dismissal from the College, the designated administrator appointed by the President/Vice President of Instruction will refer the matter to the Tenure Dismissal Committee for a hearing pursuant to RCW 28B.50.863 and applicable procedures set forth in the faculty union Collective Bargaining Agreement (CBA). To the extent the Tenure Dismissal Committee procedures are inconsistent or conflict with Sections II through VII of this Supplement Procedure, those Supplemental Procedure sections will prevail. At the end of the hearing, the Tenure Dismissal Committee will issue a Recommendation consistent with the provisions set forth in Section VIII. Complainant shall have the same right to appear and participate in the proceedings as the Respondent, including the right to present their position on the Recommendation to the President or designee before final action is taken. 

II. Prohibited Conduct Under Title IX

Pursuant to Title IX of the Education Act Amendments of 1972, 20 U.S.C. §1681, Skagit Valley College may impose disciplinary sanctions against an employee who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of “sexual harassment.” 

For purposes of this supplemental procedure, “Sexual Harassment” encompasses the following conduct:

A. Quid pro quo harassment. A Skagit Valley College employee conditioning the provision of an aid, benefit, or service of Skagit Valley College on an individual’s participation in unwelcome sexual conduct.

B. Hostile environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Skagit Valley College’s educational programs or activities, or employment.

C. Sexual assault. Sexual assault includes the following conduct:

1. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
2. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner. 
3. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).
4. Statutory rape. Consensual sexual intercourse between someone who is eighteen (18) years of age or older and someone who is under the age of sixteen (16).

 

III. Title IX Jurisdiction 

A. This supplemental procedure applies only if the alleged misconduct:

1. Occurred in the United States;
2. Occurred during a Skagit Valley College educational program or activity; and
3. Meets the definition of Sexual Harassment as that term is defined in this supplemental procedure.

B. For purposes of this supplemental procedure, an “educational program or activity” is defined as locations, events, or circumstances over which Skagit Valley College exercised substantial control over both the Respondent and the context in which the alleged Sexual Harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by Skagit Valley College.

C. Proceedings under this supplemental procedure must be dismissed if the Hearing Officer(s) determines that one or all of the requirements of Section A (1)-(3) have not been met. Dismissal under this supplemental procedure does not prohibit Skagit Valley College from pursuing disciplinary action against a Respondent based on allegations that the Respondent engaged in other misconduct prohibited by federal or state law, employment contracts or handbooks, or other Skagit Valley College policies.

D. If the Title IX Coordinator determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the Title IX Coordinator will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

IV. Initiation of Discipline

A. Upon receiving the Title IX investigation report from the Title IX Coordinator, the designated administrator appointed by the President will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the Respondent for engaging in prohibited conduct under Title IX.

B. If the designated administrator appointed by the President determines that there are sufficient grounds to proceed under these supplemental procedures, the designated administrator appointed by the President will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the Hearing Officer(s) and by serving the notice on the Respondent and the Complainant, and their respective advisors. The notice must:

1. Set forth the basis for Title IX jurisdiction;
2. Identify the alleged Title IX violation(s);
3. Set forth the facts underlying the allegation(s);
4. Identify the range of possible sanctions that may be imposed if the Respondent is found responsible for the alleged violation(s);
5. Explain that each Party is entitled to be accompanied by an Advisor of their own choosing during the hearing and that:
   • Advisors will be responsible for questioning all witnesses on the Party’s behalf;
   • An Advisor may be an attorney and/or, if the Party is a represented employee, a union representative;
   • A represented employee who chooses an Advisor who is not a union representative must submit a signed waiver of union representation that includes consent from the union; and
   • Skagit Valley College will appoint the Party an Advisor of Skagit Valley College’s choosing at no cost to the Party, if the Party fails to choose an Advisor; and
6. Explain that if a Party fails to appear at the hearing, a decision of responsibility may be made in the Party’s absence. 

C. Service of the disciplinary notice or any other document required to be served under this supplemental procedure may be done personally or by first class, registered, or certified mail, or by electronic mail to the Party’s Skagit Valley College email address. 

V. Pre-Hearing Procedure 

A. Upon receiving the disciplinary notice, the Hearing Officer(s) will send a hearing notice to all parties in compliance with WAC 10-08-040. Pursuant to the Model Title IX Grievance Procedures, the hearing date may not be scheduled less than ten (10) days after the Title IX Coordinator provided the Final Investigation Report to the Parties. Skagit Valley College may, at its discretion, contract with an administrative law judge or other person to act as the decision maker.

B. A Party is entitled to be accompanied by an Advisor of their choice during the disciplinary process at the party’s own expense. The Advisor may be an attorney and/or, if the Party is a represented employee, a union representative.

1. If the Advisor is an attorney, the Advisor must file a notice of appearance with the Hearing Officer(s) with copies to all parties and the designated Administrator appointed by the President at least five (5) days before the hearing. If a notice of appearance is not filed within this timeframe, the Party will be deemed to have waived their right to have an attorney as an Advisor.
2. If a Party is a represented employee who chooses not to use a union-provided Advisor, the Party must provide the Hearing Officer(s) with a signed waiver of union representation, including written consent from the union.

C. In preparation for the hearing, the Parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether Skagit Valley College intends to offer the evidence at the hearing. 

VI. Rights of Parties 

A. The provisions of this supplemental procedure shall apply equally to both parties.

B. Skagit Valley College bears the burden of offering and presenting sufficient testimony and evidence to establish that the Respondent is responsible for a Title IX violation by a preponderance of the evidence.

C. The Respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

D. During the hearing, each Party shall be represented by an Advisor. The Parties are entitled to an Advisor of their own choosing and the Advisor may be an attorney or, if the Respondent holds a represented position, a union representative. If a party does not choose an Advisor, then the Title IX Coordinator will appoint an Advisor of Skagit Valley College’s choosing on the Party’s behalf at no expense to the Party.

VII. Evidence

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

A. Relevance: The Committee Chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

B. Relevance means that information elicited by the question makes a fact is dispute more or less likely to be true.

C. Questions or evidence about a Complainant’s sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

1. Is asked or offered to prove someone other than the Respondent committed the alleged misconduct; or
2. Concerns specific incidents of prior sexual behavior between the Complainant and the Respondent, which are asked or offered on the issue of consent.

D. No negative inference: The Hearing Officer(s) may not make an inference regarding responsibility solely on a witness’s or party’s absence from the hearing or refusal to answer questions.

E. Privileged evidence: The Hearing Officer(s) shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

1. Spousal/domestic partner privilege;
2. Attorney-Client and attorney work product privileges;
3. Privileges applicable to members of the clergy and priests;
4. Privileges applicable to medical providers, mental health therapists, and counselors;
5. Privileges applicable to sexual assault and domestic violence advocates; and
6. Other legal privileges identified in RCW 5.60.060.

VIII. Initial Order

A. The Hearing Officer(s) will be responsible for drafting an Initial Order that:

1. Identifies the allegations of sexual harassment;
2. Describes the grievance and disciplinary procedures, starting with filing of the formal complaint through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held
3. Makes findings of fact supporting the determination of responsibility;
4. Reaches conclusions as to whether the facts establish whether the Respondent is responsible for engaging in Sexual Harassment in violation of Title IX;
5. Contains a statement of, and rationale for, the Committee’s determination of responsibility for each allegation;
6. Describes any disciplinary sanction or conditions imposed against the Respondent, if any;
7. Describes to what extent, if any, Complainant is entitled to remedies designed to restore or preserve Complainant’s equal access to Skagit Valley College’s education programs or activities; and
8. Describes the process for appealing the Initial Order to Skagit Valley College President.

B. The Hearing Officer(s) will serve the Initial Order on the Parties simultaneously.

IX. Appeals

A. All Parties, including the employee disciplinary officer, in their capacity as a representative of the College (supervisor or manager who has delegated authority to issue discipline), have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or part, of a formal complaint, during the investigative or hearing process. Appeals must be in writing and filed with the appeal officer (Individual appointed to hear appeals on behalf of Skagit Valley College) within twenty-one (21) days of service of the initial order or notice of dismissal. Appeals must identify the specific findings of fact and/or conclusions of law in the initial order or dismissal being challenged and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the initial order or dismissal shall be deemed final.

B. Upon receiving a timely appeal, the appeal officer will serve a copy of the appeal on all non-appealing parties, who will have ten (10) days from the date of service to submit written responses to the appeal officer addressing issues raised in the appeal. Failure to file a timely response constitutes a waiver of the right to participate in the appeal. Upon receipt of written responses, the appeal officer shall serve copies of the responses to the appealing party.

C. The appealing party shall have five (5) days from the date of service to submit a written reply addressing issues raised in the responses to the appeal officer.

D. The appeal officer, based on their review of the parties’ submissions and the hearing or investigative record, will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether a dismissal if affirmed or denied, or if the disciplinary sanctions and conditions imposed in the initial order are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions.

E. The appeals officer shall serve the Final Decision on the parties simultaneously.

F. All decisions reached through this process are final and may be judicially appealed pursuant to applicable provisions of RCW 34.05, including, but not limited to, the timelines set forth in RCW 34.05. No decisions or recommendations arising from this disciplinary procedure will be subject to grievance pursuant to any Collective Bargaining Agreement.