Any employee, student, or visitor who believes that he or she
has been the subject of discrimination or harassment should report the incident
or incidents to the college's Title IX/Equal Opportunity (EO) officer
identified below. The college encourages the timely reporting of any incidents
of discrimination or harassment. If the complaint is against that officer, the
complainant should report the matter to the president's office for referral to
an alternate designee.
Name: Vice-president of human resources & legal
affairs, Title IX/EO officer or designee.
Office: Hanson administration building, human resources office
room 101.
Contact Info: 600 Centralia College Blvd, Centralia, WA 98531;
phone 360-736-9391, ext. 285.
The Title IX/EO officer, or designee:
* Will accept all complaints and referrals from college
employees, students, and visitors.
* Will keep accurate records of all complaints and referrals
for the required time period.
* May conduct investigations or assign and oversee
investigations conducted by others.
* 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 action.
The college encourages the timely reporting of any incident of
discrimination or harassment.
(1)
Definitions.
(a)Complainant: Employee(s),
applicant(s), student(s), or visitor(s) of the college who allege that she or
he has been subjected to discrimination or harassment due to membership in a
protected class.
(b)Complaint: A description of
facts that allege violation of the college's policy against discrimination or
harassment. (The college has an official form as part of this
procedure.)
(c)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 engages in
sexual activity when the individual knows, or should know, that the other
person is physically or mentally incapacitated has engaged in noncon-sensual
conduct.
Intoxication is not a defense against allegations that an
individual has engaged in nonconsensual sexual conduct.
(d)Discrimination: Unfavorable
treatment of a person based on that person's membership or perceived membership
in a protected class.
(e)Harassment: The unwelcome and
unauthorized patterns of conduct, based on a person(s) race, color, religious
belief, sex, marital status, sexual orientation, gender identity or expression,
national origin, disability, veteran status, or age, and which:
(i) The harasser either knows, or should
know, will have the effect of making the college environment hostile,
intimidating, or demeaning to the victim; and
(ii) In fact, is sufficiently, severe,
persistent, or pervasive to substantially deny or limit that person's ability
to benefit from or fully participate in educational programs or activities or
employment opportunities.
(f)
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.
(g)
Resolution: The means by which the complaint is finally addressed.
This may be accomplished through informal or formal processes, including
counseling, mediation, or the formal imposition of discipline.
(h)
Respondent: Person or
persons who are members of the campus community who allegedly discriminated
against or harassed another person or persons.
(i)
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:
(i) 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 and/or social
programs.
(ii) 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.
(j)
Sexual
violence: Is a type of sexual discrimination and harassment.
Nonconsensual sexual intercourse, noncon-sensual sexual contact, domestic
violence, dating violence, and stalking are all types of sexual violence.
(i) 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.
(ii) 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 the breasts, groin, mouth, or other
bodily orifice of another individual, or any other bodily contact in a sexual
manner.
(iii) 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.
(iv) 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.
(v)
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.
(2)
Who may file a complaint. Any employee, applicant, student, or
visitor of the college may file a complaint. Complaints may be submitted in
writing or verbally. The college encourages the timely reporting of any
incidents of discrimination or harassment.
(3)
Confidentiality and right to
privacy. The college will seek to protect the privacy of the complainant
to the full 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 the college policies and procedures.
The college cannot guarantee complete confidentiality.
(4)Confidentiality requests and sexual
violence complaints. The Title IX/EO coordinator will obtain consent
from the complainant before commencing an investigation into a sexual violence
complaint. If a sexual violence complainant asks that his or her name not be
revealed to the respondent or that the college not investigate the allegation,
the Title IX/EO coordinator will inform the complainant that maintaining
confidentiality may limit the college's ability to fully respond to the
allegations. If the complainant still insists that his or her name not be
disclosed or that the college not investigate, the Title IX/EO coordinator will
determine whether the college can honor the request and at the same time
maintain a safe and nondiscriminatory environment for all members of the
college community, including the complainant.
If the college is unable to honor a complainant's request for
confidentiality, the Title IX/EO officer 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/EO
officer 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.
(5)Investigation procedure. Upon
receiving a discrimination complaint, the college shall commence an impartial
investigation. The Title IX/EO officer shall be responsible for overseeing all
investigations. Investigations may be conducted by the Title IX/EO officer, or
designee. If the investigation is assigned to someone other than the Title
IX/EO officer, the Title IX/EO officer shall inform the complainant and
respondent(s) of the appointment of an investigator.
Interim measures. The Title IX/EO officer may
impose interim measures to protect the complainant and/or respondent pending
the conclusion of the investigation.
Investigation. Complaints shall be thoroughly and
impartially investigated. 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 his or her 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/EO officer.
Investigation findings and recommendations involving students
may also result in student conduct violations and result in discipline under
the student conduct code. Investigation findings and recommendations involving
employees may result in discipline. The findings and recommendations shall be
considered based on the preponderance of the evidence standard, in determining
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
the victim(s), and prevents its recurrence.
Written notice of decision. The Title IX/EO
officer will provide each party and the appropriate administrator or appointing
authority with written notice of the investigative findings and of actions
taken. 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 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. 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 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/reconsideration. Either the
complainant or the respondent may seek reconsideration of the decision by the
Title IX/EO officer. Requests for reconsideration shall be submitted in writing
to the Title IX/EO officer within seven days of receiving the decision.
Requests must specify which portion of the decision should be reconsidered and
the basis for reconsideration. If no request for reconsideration is received
within seven days, the decision becomes final. The Title IX/EO coordinator
shall either deny the request or, if the Title IX/EO coordinator determines
that the request for reconsideration has merit, issue an amended decision. Any
amended decision is final and no further reconsideration is
available.
(6)Limits
to authority. Nothing in this procedure shall prevent the college
president or designee from taking immediate disciplinary action in accordance
with the college policies and procedures, and federal, state, and municipal
rules and regulations.
(7)Nonretaliation, intimidation and
coercion. Retaliation by, for, or against any participant (including
complainant, respondent, witness, Title IX/EO officer, 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 or any resulting disciplinary proceedings
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/EO
coordinator immediately.
(8)Other discrimination complaint
options. Discrimination complaints may also be filed with the following
federal and state agencies:
Washington state human rights commission,http://www/hum.wa.gov/index.html [File Link Not Available].
U.S. Department of Education Office for Civil Rights,http://www2.ed.gov/about/offices/list/ocr/index.html.
Equal Employment Opportunity Commission,http://www.eeoc.gov/.
