What is Title IX? 

Title IX of the Education Amendments of 1972 is a federal law that prohibits gender-based discrimination in educational institutions that receive federal funds. Title IX is most commonly associated with gender discrimination in sports, however, the scope of Title IX is quite broad and  prohibits gender-based discrimination in all college programs and activities.

Title IX protection from discrimination extends to faculty, staff and students and includes such things as: sexual harassment, dating violence, domestic violence, stalking, gender-identity and pregnancy. It also prohibits retaliation against anyone who makes or participates in a complaint.

 

Discrimination Complaint Procedure

A.  INTRODUCTION


Cascadia College recognizes its responsibility to investigate, implement interim and corrective measures, resolve complaints, and monitor 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, Cascadia College has enacted policies prohibiting discrimination against and harassment of members of these protected classes.  Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the College or from employment. Any employees, students, applicants, or visitors who believe that they been the subject of discrimination, harassment, or retaliation should report the incident to the College’s Title IX / EEO Coordinator identified below.  If the complaint is against that Coordinator, the complainant should report the matter to the president’s office for referral to an alternate designee. 

Name: Martin P. Logan

Title: Title IX / EEO Coordinator

Office: Human Resources, CC2-280

Contact info: 425-352-8262; mlogan@cascadia.edu

The Title IX / EEO Coordinator or designee:

  • Will accept all complaints and referrals from College employees, applicants, students, and visitors.

  • Will make determinations regarding how to handle requests by complainants for confidentiality.

  • Will keep accurate records of all complaints and referrals for the required time period.

  • May conduct investigations or delegate 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.

The College encourages the timely reporting of any incidents of discrimination or harassment. Complaints may be submitted in writing or orally.  For complainants who wish to submit a written complaint, a formal complaint form is available online on page 8 of this document.  The complaint form is available in the Human Resources Office at Cascadia College.

 

B.  DEFINITIONS 

 

  1. Complainant: an employee, applicant, student, or visitor of Cascadia College who alleges that the individual has been subjected to discrimination or harassment based on membership in a protected class.

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

  3. 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 the person 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 nonconsensual conduct.

    Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.
  1. 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.

  2. Harassment: a form of discrimination consisting of unwelcome and offensive physical or verbal conduct directed toward an individual based on the individual’s membership or perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe, persistent, 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. 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, "jokes," ridicule, mockery, or other offensive or derogatory conduct focused upon an individual's membership in a protected class.

    Verbal or physical threats of violence or physical contact directed towards an individual based upon their membership in a protected class.

    Making, posting, emailing, texting, 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.
  1. 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

  2. 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.

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

  4. Retaliation: taking an adverse action against an individual because of the individual’s participation in a protected activity, such as reporting concerns formally or informally regarding potential discrimination, harassment, or retaliation; filing a formal or informal complaint regarding discrimination, harassment, or retaliation; or participating in an investigation or a hearing involving allegations of discrimination, harassment, or retaliation.

  5. 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.
  1. 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. |

  2. 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 a sexual nature about an individual's clothing, body, or speculations about previous sexual experiences.

  • Persistent, unwanted attempts to change a professional relationship to an amorous relationship.

  • Direct or indirect propositions for sexual activity.

  • Unwelcome letters, emails, texts, telephone calls, or other communications referring to or depicting sexual activities.

     11. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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 gaged by its length, type, and frequency of interaction.

  5. 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.



C.  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.  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 Human Resources office in CC2-280.  Any person submitting a discrimination complaint shall be provided with a written copy of the College’s anti-discrimination policies and procedures. 



D.  CONFIDENTIALITY AND RIGHT TO PRIVACY


Cascadia 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 College policies and procedures.  Although Cascadia 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 the complainant’s 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 the complainant’s 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 forcibly or with a weapon;

  • whether the respondent has a history of committing acts of sexual or other 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 will implement such measures if reasonably feasible. 



E.  INVESTIGATION PROCEDURE


Upon receiving a discrimination complaint, the College shall commence an impartial investigation.  The Title IX / EEO Coordinator shall be responsible for overseeing all investigations.  Investigations may be conducted by the Title IX / EEO Coordinator or designee.  Complaints against employees will be investigated by the Human Resources Office; complaints against students will be investigated by the Office of Student Support Services. 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,  interim suspension of 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 or sooner barring exigent circumstances.  At the conclusion of the investigation the investigator shall set forth 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 student conduct code or college employment policies and collective bargaining agreements.

Written Notice of Decision.  The Title IX / EEO Coordinator will 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.  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 discrimination complaints without written permission from both the complainant and the respondent, as applicable.  If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time.
 

Final Decision/Reconsideration.  Either the complainant or the respondent may seek reconsideration of the decision by the Title IX / EEO Coordinator.  Requests for reconsideration shall be submitted in writing to the Title IX / EEO Coordinator 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.   If a request for reconsideration is received, the Title IX / EEO Coordinator shall respond within ten (10) business days.  The Title IX / EEO Coordinator shall either deny the request or, if the Title IX / EEO Coordinator determines that the request for reconsideration has merit, issue an amended decision.  Any amended decision is final and no further reconsideration is available. 



F.  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 persons who believe they been subjected to discrimination in violation of College policy will be provided a copy of these policies and procedures.



G.  LIMITS TO AUTHORITY


Nothing in this procedure shall prevent the College President or designee from taking immediate disciplinary action in accordance with Cascadia College policies and procedures and other applicable law.



H.  NON-RETALIATION, INTIMIDATION AND COERCION


Retaliation by, for, or against any participant (including a 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 or any resulting disciplinary proceedings is prohibited and such conduct is subject to discipline. Any persons who believe they have been the victim of retaliation should contact the Title IX / EEO Coordinator immediately.



I.  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:

Bothell City Police Department

18410 101st Ave NE, Bothell, WA 98011

425-486-1254

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.



J.  OTHER DISCRIMINATION COMPLAINT OPTIONS


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


 

This procedure was approved and adopted by the Cascadia College Board of Trustees on October 18, 2017.

 

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Cascadia's Title IX Coordinator

The following office has been designated to handle inquiries regarding Title IX policies. If you have a question, concern, or complaint related to sexual harassment, sexual assault and other actions that fall within the college’s obligations under Title IX, please contact:

 

Executive Director of Human Resources
Cascadia College
18345 Campus Way NE, CC2-280
Bothell, WA 98011
425.352.8262 or nondiscrimination@cascadia.edu

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Other Complaint Options

An employee or student may always file a complaint with:

Washington State Human Rights Commission at 800.233.3247 or TDD 800.300-7525, or

U.S. Department of Education Office for Civil Rights at 800.421.3481 or TDD 877.521.2172, or

Equal Employment Opportunity Commission at 800.669.4000 or TDD 800.669.6820

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Sexual Assault Resources 

 

Office

About Contact

Emergency

  911

Campus Safety Emergency

  425.352.5222

Campus Safety Non-Emergency

  425.352.5359

Campus Safety Escort

  425.352.5359

Cascadia & UWB Student Counseling Services

Counseling services are available to any student struggling with issues including family conflict, divorce, substance abuse, depression, grief and loss, and anxiety. 

425.352.3183 or Counseling - UWB/Cascadia

State Employee Assistance Program (EAP)

The EAP helps employees and their family members resolve personal or work-related problems such as depression, stress, anxiety, relationship issues, grief, or workplace issues. EAP for state employees

King County 24-Hour Crisis Line

  206.461-3222

King County 24-Hour Sexual Assault Resource Center (KSARC)

KSARC's purpose is to help alleviate the trauma of sexual assault for victims and their families. 888.998.6423 or King County Sexual Assault Resource Center 

Evergreen Hospital 24-Hour Emergency Care and On-Call Sexual Assault Nurse Examiners

ER with 24-hour on-call nurse examiners trained specifically to deal with sexual assault.  425.899.1711 or Sexual Assault Nurse Examiners

LifeWire 24-Hour Domestic Violence Program 

Provides domestic violence services and programs including a helpline for those in abusive relationships. Can provide services such as preparing safety plans and referrals.  800.827.8840  or  LifeWire

Snohomish County Domestic Violence Resources

Webpage with listing of various resources in Snohomish County. Snohomish County Resources

Snohomish/Skagit County 24-Hour Crisis Line

  800.584.3578

Snohomish County Sexual Assault Resource Center

  425.252.2873
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