Title IX

Sex Discrimination Investigation Procedure

1. Purpose

College recognizes its responsibility to investigate, resolve, implement supportive and corrective measures, and monitor the educational environment and workplace to promptly and effectively 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, College has enacted and adopted the following Sex Discrimination Investigation Procedure (the Investigation Procedure) for purposes of receiving and investigating allegations of Sex Discrimination arising within the College’s educational programs and activities and workplace. Any individual found responsible for engaging in Sex Discrimination in violation of College policy may be subject to disciplinary action up to and including dismissal from the College’s educational programs and activities and/or termination of employment.

Application of this Investigation Procedure is restricted to allegations of Sex Discrimination, which includes, but is not limited to, allegations of Sex-based Harassment, as those terms are defined within this procedure. Nothing in this procedure limits or otherwise restricts the College’s ability to investigate alleged misconduct and pursue discipline based on violations of other federal, state, and local laws, their implementing regulations, and other College policies prohibiting gender discrimination through processes set forth in the College’s code of student conduct, employment contracts, employee handbooks, and collective bargaining agreements.

1. Definitions

For purposes of this Investigation Procedure, the following definitions apply:

1. “Complaint” means a written or oral request that can be objectively understood as a request for the College to investigate and make a determination about alleged Sex Discrimination.
2. “Complainant” means the following individuals who have been subjected to alleged conduct that would constitute Sex Discrimination:
1. A student or employee; or
2. A person other than a student or employee who was participating or attempting to participate in the College’s educational program or activity at the time of the alleged discrimination.
3. “Confidential Employee” means a College employee whose communications are privileged and confidential under Federal or State law. An employee’s status as a Confidential Employee only applies when they are functioning within the scope of duties to which the privilege or confidentiality applies.

4. “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 they know, or reasonably 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.

5. “Disciplinary Sanction” means consequences imposed on a Respondent following a determination that the Respondent violated the College’s policy prohibiting Sex Discrimination.
6. “Investigation Procedure” is the process the College uses to initiate, informally resolve, and/or investigate allegations that an individual has violated College policies prohibiting Sex Discrimination or Sex-based Harassment.
7. “Mandatory Reporters” are all college employees, excluding Confidential Employees. Mandatory Reporters are required to report conduct that could reasonably constitute Sex Discrimination to the Title IX Coordinator.
8. “Peer Retaliation” means Retaliation by a student against another student.
9. “Pregnancy or Related Conditions” means:
1. Pregnancy, childbirth, termination of pregnancy, or lactation;
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
10. “Program or Program and Activity” means all operations of the College.
11. “Relevant” means related to the allegations of sex discrimination under investigation. Questions are Relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is Relevant when it may aid a decision maker in determining whether the alleged sex discrimination occurred.
12. “Remedies” means measures provided to a Complainant or other person whose equal access to the College’s educational Programs or Activities has been limited or denied by Sex Discrimination. These measures are intended to restore or preserve that person’s access to educational Programs and Activities after a determination that Sex Discrimination has occurred.
13. “Respondent” means an individual who has been alleged to have violated the College’s policy prohibiting Sex Discrimination.
14. “Retaliation” means intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by College policies and procedures prohibiting Sex Discrimination, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an informal resolution process, in these investigation procedures, and any disciplinary proceeding for Sex Discrimination. Nothing in this definition precludes the College from requiring an employee to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

15. “Sex Discrimination,” which includes Sex-based Harassment, occurs when a Respondent causes more than de minimis (insignificant) harm to an individual by treating them differently from an otherwise similarly-situated individual based on:

    1. sex stereotypes;
    2. sex characteristics;
    3. pregnancy or related conditions;
    4. sexual orientation; and
    5. gender identity.

    Preventing a person from participating in an education program or activity consistent with their gender identity constitutes more than de minimis harm and is prohibited.

16. “Sex-based Harassment.” For purposes of this Procedure, Sex-based Harassment is a type of Sex Discrimination that occurs when a Respondent engages in the following discriminatory conduct on the basis of sex:
1. Quid pro quo harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
2. Hostile environment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
1. The degree to which the conduct affected the Complainant’s ability to access the recipient’s education program or activity;
2. The type, frequency, and duration of the conduct;
3. The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each Party that may be Relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other sex-based harassment in the recipient’s education program or activity.
3. Sexual violence. Sexual violence 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 (Fondling). 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 (Rape of a child). Non forcible sexual intercourse with a person who is under the statutory age of consent.
5. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020,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.
6. 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:
1. The length of the relationship;
2. The type of relationship; and
3. The frequency of interaction between the persons involved in the relationship.
4. 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.
17. “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 132Z-115-105.
18. “Supportive Measures” means reasonably available, individualized and appropriate, non-punitive and non-disciplinary measures offered by the College to the Complainant or Respondent without unreasonably burdening either Party, and without fee or charge for purposes of:
1. Restoring or preserving that Party’s access to the College’s educational Program or Activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; or
2. Providing support during the College’s Investigation and Disciplinary Procedures, or during any informal resolution process.
3. Supportive Measures may include, but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of campus; restriction on contact applied to one or more Parties; leave of absence; change in class, college employment, college housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to Sex-based Harassment.
19. “Sex Discrimination” means discrimination on the basis of sex including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, as well as Sex-based Harassment.
20. “Title IX Personnel” are the Title IX Coordinator and designees; Investigators; Student Conduct Officers; Employee Disciplinary Officers; and Decision Makers at both the hearing and appeal level, responsible for administering the College’s Sex Discrimination investigation and disciplinary procedures; facilitators of the Informal Sex Discrimination Resolution Process; and any other employees who are responsible for implementing the College’s Sex Discrimination investigation or Sex Discrimination disciplinary procedures for students or employees or have the authority to modify or terminate Supportive Measures.
21. “Title IX Coordinator” is responsible for processing Title IX Complaints and conducting or overseeing formal investigations and informal resolution processes under this Investigation Procedure.
1. Training Requirements
1. All Employees – All employees shall undergo training on the following topics:
1. The definition and scope of Sex Discrimination and Sex-based Harassment under these procedures;
2. The College’s obligation to address Sex Discrimination in its education programs and activities;
3. Employee responsibility, upon learning of a student’s pregnancy or related condition, to provide the student with the Title IX Coordinator’s contact information and information about available assistance;
4. Employee obligations to notify the Title IX Coordinator about conduct that may reasonably be Sex Discrimination.
2. Title IX Personnel - In addition to the required training for all employees, Title IX Personnel shall undergo training on the following topics:
1. The College’s grievance procedures for Sex Discrimination and Sex-based Harassment involving a student;
2. How to conduct an investigation;
3. How to serve impartially without prejudgment of facts, conflicts of interest, or bias;
4. Use of technology during an investigation or hearing;
5. The definition of Relevance as used for purposes of evaluating evidence and questions for purposes of this investigation procedure; and
6. Effective report writing.
7. Informal resolution facilitators: procedures for the College’s informal resolution process

3. Title IX Coordinator and Designees

   In addition to the required training for all employees and for Title IX Personnel, the Title IX Coordinator and any designees shall undergo training on the following topics:

   1. How to ensure the College’s compliance with its Title IX obligations;
   2. How to offer and coordinate supportive measures;
   3. Specific actions to prevent discrimination and ensure equal access upon learning of a student’s pregnancy or related conditions;
   4. The College’s record keeping system and requirements.
4. All Sex Discrimination training materials will be made available for review upon request.

2. Title IX Coordinator Investigation Duties

   During an investigation, the Title IX Coordinator or a delegate is responsible for the following:

1. Accepting, evaluating, and processing all Sex Discrimination and Sex-based Harassment Complaints, reports or referrals.
2. Conducting an intake meeting with the Complainant and, at that time, notifying the Complainant, or the individual who reported the conduct if the complainant is unknown, of the College’s Sex Discrimination investigation and disciplinary procedures, as well as the informal resolution process if appropriate and available. After providing this information, the Title IX Coordinator will ascertain whether the Complainant would like the College to proceed with an investigation of the Sex Discrimination Complaint.
3. Initiating a Complaint subject to the procedure and factors set forth in Section F of this procedure.
4. When a Party is a student employee and the allegations involve Sex-based Harassment, making a fact-specific inquiry into whether the Party’s primary relationship with the College is to receive an education and whether alleged Sex-based Harassment occurred while the Party was performing employment-related work and, and based on this inquiry, determine whether the Party should be treated as a student or an employee under this investigation procedure and related disciplinary procedures.
5. Addressing and resolving, if possible, questions regarding confidentiality raised by Parties and witnesses.
6. Determining whether a Complaint should be dismissed during the investigation phase, and if so, notifying the Complainant or the Parties (if Respondent has been notified of the Complaint) of the reasons for the dismissal, and providing the Complainant or Parties with information about the procedure for filing an appeal of the dismissal.
7. Maintaining accurate records of all Complaints, reports, and referrals.
8. Retaining investigation files, Complaints, reports, and referrals in compliance with applicable records retention periods or federal or state law, whichever is longer.
9. Either conducting an impartial investigation of a Complaint or assigning the investigation to an impartial investigator and overseeing the investigation.
10. 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 and making revisions to Supportive Measures as circumstances may require.
11. Upon completion of an investigation, issuing or overseeing the issuance of a final investigation report to the parties and to the appropriate disciplinary authority in compliance with this Investigation Procedure.
12. Recommending non-disciplinary corrective measures to stop, remediate, and/or prevent recurrence of discriminatory conduct to College disciplinary authorities and administrators.

3. Filing a Complaint

   Any employee, student, applicant, or visitor who believes that they have been the subject of Sex Discrimination in violation of the College policies, should report the incident or incidents to the College’s Title IX Coordinator identified below. The Complaint can be in writing or oral. 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.

   Title IX Coordinator

   Jason Rue
   Office: CC2-280F
   18345 Campus Way NE
   Bothell, WA 98011
   425-352-8305
   titleix@cascadia.edu
4. Title IX Coordinator Initiated Complaint
1. In the absence or withdrawal of any or all allegations in a Complaint, the Title IX Coordinator may file a Complaint based on their evaluation of the following factors:
1. A Complainant’s request not to proceed with initiation of a Complaint;
2. A Complainant’s reasonable safety concerns regarding initiation of a Complaint;
3. The risk additional acts of Sex Discrimination would occur if the Complaint is not initiated;
4. The severity of the alleged Sex Discrimination, including whether the discrimination if established, would require the removal of the Respondent from campus or imposition of other disciplinary sanction(s) to end the discrimination and prevent its recurrence;
5. The age and relationship of the parties, including whether the Respondent is a College employee;
6. The scope of the alleged Sex Discrimination, including information suggesting a pattern, on-going Sex Discrimination, or Sex Discrimination alleged to have impacted multiple individuals;
7. The availability of evidence to assist a Decision maker with determining whether Sex Discrimination occurred; and
8. Whether the College could end the alleged Sex Discrimination and prevent its recurrence without initiating an investigation and disciplinary procedure.
2. If, upon evaluating these and any other Relevant factors, the Title IX Coordinator determines that the alleged conduct poses an imminent threat to the health or safety of the Complainant or to other members of the College community or that the alleged conduct prevents the College from ensuring equal access on the basis of sex to its educational programs and activities, then the Title IX Coordinator may initiate a Complaint.
3. When initiating a Complaint, the Title IX Coordinator will provide the Complainant with advance notice of this decision and an opportunity to appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including the provision of Supportive Measures.
4. Regardless of whether a Complaint is initiated under this section, the Title IX Coordinator must take other prompt and effective steps, in addition to those steps necessary to implement remedies for the individual Complainant, to ensure that Sex Discrimination does not continue or recur within the College’s educational Programs and Activities.
5. The analysis set forth above need not be performed if the Title IX Coordinator reasonably determines that the alleged conduct could not constitute Sex Discrimination.

5. Principles of Investigation Applicable to Sex Discrimination Complaints

   The College shall provide an adequate, reliable, and impartial investigation of Complaints of Sex Discrimination by:

1. Treating Complainants and Respondents equitably.
2. Presuming that the Respondent is not responsible for the alleged misconduct unless or until a determination of responsibility is reached after completion of the investigation and disciplinary processes.
3. Having the investigation conducted by a neutral and unbiased investigator without a conflict of interest or bias for or against Complainants or Respondents generally, or an individual Complainant or Respondent.
4. Having the investigator make findings of fact based on the preponderance of the evidence standard. A preponderance of the evidence means on a more probable than not basis.
5. Placing the burden on the College—not on the Parties—to conduct an investigation that gathers sufficient evidence to determine whether Sex Discrimination occurred.
6. Objectively evaluating all evidence that is Relevant and not otherwise impermissible under Section J (e) and (f) of this procedure—including both inculpatory and exculpatory evidence—and provide credibility determinations that are not based solely on a person’s status as a Complainant, Respondent, or witness.
7. Providing an equal opportunity for Parties to present fact witnesses and other inculpatory or exculpatory evidence that is Relevant and not otherwise impermissible.
8. Providing ten (10) calendar days for each Party to review and submit written comments on the draft investigation report and, upon request, to review Relevant and not otherwise impermissible evidence gathered by the investigator before finalizing the investigation report; and
9. Taking reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through the investigation procedure. Such steps shall not prevent the Parties from using the information or evidence for related disciplinary proceedings or litigation related to the Complaint of Sex Discrimination.
6. Confidentiality
1. The College will seek to protect the privacy of the Complainant to the fullest extent possible, consistent with the legal obligation to investigate, offer appropriate Supportive Measures and/or take disciplinary action, and comply with the federal and state law, as well as College policies and procedures. Although the College will attempt to honor Complainant 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 College has designated the following confidential support for students:

   • VPA (Violence Prevention & Advocacy office)
   • To schedule an appointment call 425.352.3851, or go to appointments
   • Counseling Center
   • To make an appointment call 425.352.3183, or email uwbcc@uw.edu

   Confidential Employees, when acting in their confidential capacity, will maintain confidentiality of information shared by a Complainant and are not required to report conduct that may reasonably constitute Sex Discrimination to the Title IX Coordinator. When a Confidential Employee learns of conduct that reasonably may constitute Sex Discrimination, the Confidential Employee must explain (1) their status as a confidential employee, including the circumstances under which they are not required to notify the Title IX Coordinator about the possible Sex Discrimination, (2) how the Complainant can contact the Title IX Coordinator to make a Complaint about the possible Sex Discrimination, and (3) that the Title IX Coordinator may offer and coordinate Supportive Measures, as well as initiate an Informal Resolution Process or Investigation pursuant to these Investigation procedures.

3. The Title IX Coordinator will inform the Complainant about the Colleges Sex Discrimination investigation and disciplinary processes and attempt to obtain consent from the Complainant before commencing an investigation of alleged Sex-based Harassment. If a Complainant asks that their name not be revealed to the Respondent or that the College not investigate the allegation, the Title IX 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 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.
4. If the College is unable to honor a Complainant’s request for confidentiality, the Title IX Coordinator will notify the Complainant of the decision and disclose the Complainant’s identity only to the extent reasonably necessary to effectively conduct and complete the investigation in compliance with this Investigation Procedure.
5. If the 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.

7. Notice of Investigation and other Notice Requirements

   Notice of Investigation. Upon receiving a Complaint of Sex Discrimination, the Title IX Coordinator will initiate the investigation by serving the Respondent and the Complainant with a Notice of Investigation in advance of their initial interviews. This Notice will be served sufficiently in advance to allow the Parties adequate time to prepare for their initial interviews.

   If a Complaint includes allegations of Sex-based Harassment and the College has reasonable concerns for the safety of any person as a result of providing a Notice of Investigation, service of the Notice may be reasonably delayed in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and risk analysis and not on mere speculation or stereotypes.

   The Notice of Investigation must:

   1. Include a description of the College’s Sex Discrimination Investigation and Disciplinary Procedures, including descriptions of procedures applicable to Sex-based Harassment and Informal Resolution processes, if applicable.
   2. Sufficient information for the Parties to respond to the allegations, including the identities of the Parties, a description of the alleged discriminatory conduct, and the time and location of the alleged incident, to the extent this information is available to the College.
   3. A statement that retaliation is prohibited.
   4. Inform the Parties that they are entitled to have an Advisor of their choice and at their own expense, available during the investigation and any disciplinary proceedings and that the Advisor may be, but is not required to be an attorney, and that during the investigation, the Advisor’s role will be limited to attending meetings or interviews with the Party and providing advice to the Party.
   5. A statement that the Parties are entitled to an equal opportunity to access a description of the Relevant, not otherwise impermissible evidence and that both parties shall have an equal opportunity to review such evidence upon request.

   In cases involving allegations of Sex-based Harassment, the Notice of Investigation shall also inform the Parties that:

   1. The Respondent is presumed not responsible for the alleged Sex-based Harassment until a determination is made at the conclusion of the applicable disciplinary procedure and prior to such a determination, the Parties will have the opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decision maker.
   2. A statement that the Parties are entitled to an equal opportunity to access the investigative report describing the Relevant, not otherwise impermissible evidence, and that both Parties shall have an equal opportunity to review this evidence upon request.
   3. Notice that the College’s employment policies and student conduct code prohibit employees and students from knowingly making false statements or knowingly submitting false information during an investigation or disciplinary proceeding.

   Amended Notice of Investigation. If during the course of the investigation, the College decides to investigate Sex Discrimination allegations against a Party that are not included in the original Investigation Notice, the College will issue an amended Notice of Investigation to both Parties that includes this additional information and complies with the applicable notice requirements set forth above.

   Notice of Meetings and Interview. In cases involving allegations of Sex-based Harassment, the College shall provide written notice to Parties whose participation is invited or expected of the date, time, location, participants, and purposes of all meeting or proceedings with sufficient time for the Party to prepare to participate.

8. Investigation Process

   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 College-imposed no contact order shall be no broader than is necessary to protect the threatened Party or witness and must provide the Party or their advisor with alternative means of gathering and presenting Relevant evidence from the protected witness or Party.
3. Will allow each Party to be accompanied by an Advisor of their choosing, who may be an attorney, to any investigation 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 advising 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 the College can secure its own legal representation, if necessary.
4. In cases involving allegations of Sex-based Harassment, 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 Relevant and not otherwise impermissible evidence upon request. After disclosure of the report, each Party will receive ten (10) calendar 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) calendar days, the Party will be deemed to have waived their right to respond and the investigator will finalize the report without this information.
5. During Sex Discrimination and Sex-based Harassment investigations under this Procedure, the investigator 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;
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 counsellors;
5. Privileges applicable to sexual assault and domestic violence advocates; or
6. Other legal privileges identified in RCW 5.60.060.
6. Prior Sexual Behavior. 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.
7. Upon completion of the investigation, the Title IX Coordinator will distribute the final investigation report to the Parties. The Title IX Coordinator will also provide the investigation report and the evidence gathered during the investigation to the Student Conduct Officer if the Respondent is a student or the Vice President for Administrative Services if the Respondent is an employee, who are responsible for determining whether pursuing disciplinary action is warranted.
9. Dismissal of Complaint During Investigation – Right to Appeal
1. During an investigation, a Sex Discrimination Complaint may be dismissed, in whole or in part, for the following reasons:
1. The Respondent cannot be identified after the College has taken reasonable steps to do so;
2. The Respondent is not participating in the College’s educational Programs or Activities and is not employed by the College. The College’s discretion to dismiss a Sex-based Harassment Complaint lodged against a former employee may be limited by RCW 28B.112.070, which requires the College to complete investigations into allegations of sexual misconduct by employees directed at student Complainants unless the Complainant requests otherwise.
3. The Complainant has voluntarily withdrawn any or all of the allegations in the Complaint, and the Title IX Coordinator has declined to initiate their own Complaint, and any remaining allegations would not constitute Sex Discrimination, even if proven. In cases involving allegations of Sex-based Harassment, the College must obtain the Complainant’s withdrawal in writing before dismissal.
4. The conduct alleged by the Complainant, even if proven, would not constitute Sex Discrimination; or
5. The conduct alleged by the Complainant falls outside the College’s disciplinary jurisdiction.
2. The Complainant and the Respondent (if the Respondent has been notified of the Complaint) may appeal the dismissal of a Complaint pursuant to either the appeal process in the Title IX employee discipline procedure if the Respondent is an employee or the Student Conduct Code appeal process if the Respondent is a student.
3. If the dismissal occurs during the investigation, the Title IX Coordinator will provide the Complainant or the Complainant and the Respondent (if the Respondent has been notified of the Complaint) written notice explaining:
1. Why dismissal was necessary or desirable;
2. The right to appeal the dismissal and a description of the procedure for appealing the dismissal; and
3. If applicable, notice that the Complaint is being referred to an appropriate disciplinary authority for proceedings outside the jurisdiction of Title IX.
4. If the Dismissal involves an allegation of Sex-based Harassment and the Parties have both been notified of the investigation, the Notice of Dismissal will be served on the Parties simultaneously.
5. When a Complaint is dismissed, the Title IX Coordinator will, at a minimum:
1. Offer Supportive Measures to the Complainant as appropriate;
2. If the Respondent has been notified of the allegations, offer Supportive Measures to the Respondent as appropriate; and
3. Take other prompt and effective steps, as appropriate, to ensure that Sex Discrimination does not continue or recur within the College’s education Program or Activity.
6. Dismissal of a Sex Discrimination Complaint does not preclude the College from investigating and pursuing discipline based on allegations that a Respondent violated other federal or state laws and regulations, College conduct policies, and/or other codes and contractual provisions governing student and employee conduct.
10. Supportive Measures
1. The Title IX Coordinator must offer and coordinate Supportive Measures to both the Complainant and the Respondent. Supportive Measures may vary depending on the circumstances and what the College may determine to be reasonably available. Supportive Measures may include, but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, college work, college housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to Sex-based Harassment.
2. Supportive Measures may not be imposed for punitive or disciplinary purposes.
3. Supportive Measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties and/or the College’s educational environment, or to provide support to the Parties during the formal or informal resolution processes.
4. The Title IX Coordinator may modify or terminate Supportive Measures during or after formal or informal resolution procedures are completed, as the Parties’ and/or the College’s circumstances change.
5. If, at any point during the Sex Discrimination investigation or disciplinary proceeding, a Party becomes dissatisfied with their Supportive Measures or undergoes a change of circumstances that warrants revisions to their Supportive Measures, the Party may submit a request to revise their Supportive Measures to the Title IX Coordinator. The Title IX Coordinator will respond to such a request within Seven (7) BUSINESS days. If the Party disagrees with the Title IX Coordinator’s decision, they may submit a written appeal to the President or their designee within Seven (7) BUSINESS days of receiving the Title IX Coordinator’s decision. Review of the appeal shall be performed by an impartial employee with authority to modify or reverse the Title IX Coordinator’s decision to provide, deny, modify or terminate Supportive Measures applicable to the Party seeking review. Challenged Supportive Measures will be reviewed to determine whether they are meeting the purposes set forth in Paragraph 3 above.
6. In cases involving allegations of Sex Discrimination other than Sex-based Harassment and Retaliation, the College is not required to alter the alleged discriminatory practice(s) for the purpose of providing a Supportive Measure.

11. 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 College operations, the College’s Student Conduct Officer, after consulting with the Title IX Coordinator, may summarily suspend the Student Respondent pursuant to WAC 132Z-115-105. The Summary Suspension shall remain in place pending completion of the investigation and final resolution of any resulting disciplinary proceedings.

    Nothing in this Investigation Procedure prohibits the College from placing an employee Respondent on administrative leave pending completion of the investigation and final resolution of any resulting disciplinary proceeding.

12. Complaint Resolution and Consolidation

    The Sex Discrimination resolution processes are initiated when the Title IX Coordinator receives a written or oral Complaint from a Complainant alleging that a Respondent(s) discriminated against them on the basis of their sex and the Complainant asks that the College initiate an investigation. A Complaint may be submitted by the Complainant orally or in writing or it may be initiated and signed by the Title IX Coordinator on behalf of the Complainant. Complaints submitted to the Title IX Coordinator may be resolved through either informal or formal resolution processes.

1. Informal Resolution

   Under appropriate circumstances and only if the Complainant and the Respondent voluntarily agree, the Parties may pursue informal resolution during the investigation of a concern. Informal Resolution is not appropriate when the allegation involves:

   1. a Complainant who is a minor or a vulnerable adult;
   2. a Respondent poses an immediate threat to the health, safety or welfare of a member of the College community;

   If Informal Resolution is appropriate, the Parties may explore resolution through:

   1. Guided conversations or communications conducted by the Title IX Coordinator, a Human Resource Representative, or some other mutually agreed upon third party;
   2. A structured resolution process conducted by a trained mediator; or
   3. Voluntary agreement between the Parties to alter either or both Parties’ College work or class schedules and/or College student housing arrangements.

   A proposal to engage in Informal Resolution should be provided to the Parties in the Notice of Investigation or after the Notice of Investigation has been served on both Parties.

   Before engaging in informal resolution, the College must provide written notification to the Parties of their rights and responsibilities. This notice shall explain:

   1. The allegations;
   2. The requirements of the informal resolution process;
   3. That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and initiate or resume the formal resolution process;
   4. That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will prevent the Parties from initiating or resuming the Formal Resolution process;
   5. That the potential terms of any Informal Resolution agreement will only be binding on the Parties to the agreement; and
   6. What information the College will retain from the informal resolution process and how that information will be used, if the process is not successful and the formal resolution process is initiated or resumed.

   Because the informal resolution process is voluntary, either Party may withdraw from the Informal Resolution process at any time, at which point the formal investigation process will resume.

   If the Parties voluntarily resolve a Complaint, the 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 Complaint has been closed.

   If the Parties agree to an informal resolution process, the College will commence informal resolution within Seven (7) BUSINESS days after the parties agree to this option and conclude within Twenty-one (21) BUSINESS days of beginning that process; subject to reasonable delays and extensions for good cause shown.

2. Formal Resolution

   Formal resolution means that the Complainant’s allegations of Sex Discrimination will be subjected to a formal investigation by an impartial and unbiased investigator. The investigation may be conducted by the Title IX Coordinator. The results of the investigator’s report will be shared with the Parties, the Title IX Coordinator, as well as the appropriate disciplinary authority who is responsible for determining whether disciplinary proceedings are warranted.

3. Consolidation of Complaints

   Complaints of Sex Discrimination may be consolidated when the Complaints are against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of Sex Discrimination arise out of the same facts or circumstances.

Employee Sex Discrimination Disciplinary Procedure

I. Order of Precedence

This employee discipline procedure applies to allegations of Sex Discrimination and Sex-based Harassment subject to regulations promulgated under Title IX by the United States Department of Education. See 34 C.F.R. § 106. Disciplinary proceedings against an employee Respondent alleged to have engaged in Sex Discrimination or Sex-based Harassment shall be governed by the College’s administrative hearing practices and procedures, Chapter 132z-108 WAC, and this disciplinary procedure. To the extent this disciplinary procedure conflicts with Chapter 132z- 108 WAC, Chapter 132z-300 WAC and/or provisions set forth in employment contracts, collective bargaining agreements, employee handbooks, and other College employment policies and procedures, this disciplinary procedure will take precedence.

Notwithstanding the foregoing, if Respondent is a tenured or probationary faculty member and the Vice President for Administrative Services determines that the facts found in the investigation report would warrant Respondent’s dismissal from the College if proven at hearing, the Vice President for Administrative Services 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 CBA’s Tenure Dismissal Committee procedures are inconsistent or conflict with Sections II through VII of this disciplinary procedure, the disciplinary 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. Subject to the procedures set forth below, 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 appointing authority before final action is taken.

II. Prohibited Conduct

The College may impose disciplinary sanctions up to and including dismissal from the College against an employee who has been found responsible for committing, attempting to commit, aiding, abetting, inciting, encouraging or assisting another person to commit or engage in acts of Sex Discrimination, which include Sex-based Harassment.

For purposes of this supplemental procedure, the following conduct is prohibited:

1. Sex Discrimination.
1. Sex Discrimination occurs when a Respondent causes a Complainant more than de minimis (insignificant) harm by treating the Complainant differently from other similarly-situated individual(s) based on:
1. Sex stereotypes;
2. Sex characteristics;
3. Pregnancy or related conditions;
4. Sexual orientation; or
5. Gender identity.
2. Preventing a person from participating in an education program or activity consistent with their gender identity constitutes more than de minimis harm and is prohibited.
2. Sex-based Harassment is a type of Sex Discrimination that includes:
1. Quid pro quo harassment. An employee authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
2. Hostile environment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
1. The degree to which the conduct affected the Complainant’s ability to access the College’s education program or activity;
2. The type, frequency, and duration of the conduct;
3. The Parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other Sex-based Harassment in the recipient’s education program or activity.
3. Sexual Violence. Sexual Violence 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 (Fondling). 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 (Rape of a child). Non forcible sexual intercourse with a person who is under the statutory age of consent.
5. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, 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.
6. 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:
1. The length of the relationship;
2. The type of relationship; and
3. The frequency of interaction between the persons involved in the relationship.
4. 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.
3. “Retaliation” means intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in a Sex Discrimination investigation, proceeding, or hearing, including in an informal resolution process, in these investigation procedures, and any disciplinary proceeding for Sex Discrimination. Nothing in this definition prevents the College from requiring an employee to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

III. Jurisdiction & Dismissal of Complaints

1. This disciplinary procedure applies only if the alleged misconduct:
1. Meets the definition of Sex Discrimination, Sex-based Harassment, or Retaliation as defined in this disciplinary procedure, including causing more than de minimis harm to the Complainant;
2. Occurred in the United States or interfered with the Complainant’s ability to access or participate in the College’s educational programs or activities in the United States; and
3. Occurred during a College educational program or activity, or interferes with the Complainant’s ability to access or participate in the College’s educational programs or activities.

For purposes of this disciplinary procedure, the College’s “educational programs or activities” means all operations of the College.

1. The Vice President for Administrative Services after reviewing the investigation report or the decision maker after receiving the Notice of Hearing determines the facts alleged, even if proven, are not sufficient to support jurisdiction, must issue a notice of dismissal in whole or part to both parties and the Title IX coordinator explaining why some or all of the claims have been dismissed.
2. The Vice President for Administrative Services after reviewing the investigation report or the decision maker after receiving the Notice of Hearing may, but is not required to, dismiss the case if:
1. The Respondent is no longer employed by the College. The College’s discretion to dismiss a Sex-based Harassment Complaint lodged against a former employee may be limited by RCW 28B.112.070, which requires the College to complete investigations into allegations of sexual misconduct by employees directed at students unless the student requests otherwise; or
2. The Complainant has voluntarily withdrawn the Complaint and the Title IX Coordinator has declined to initiate a complaint, and the College determines that any remaining conduct outside the withdrawn allegations would not constitute Sex Discrimination, even if proven. If the Complainant is a student and the case involves allegations of Sex- based Harassment, the withdrawal must be presented by the Complainant in writing before the College will act.
3. Dismissal does not prohibit the 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 College policies.
4. Both the Complainant and the Respondent may appeal the dismissal of a Complaint pursuant the appeal process in Section IX of this procedure.
5. The notice of dismissal must be served on all parties and the Title IX Coordinator and contain an explanation of:
1. Why dismissal was necessary or desirable;
2. The right to appeal the dismissal and a description of the procedure for appealing the dismissal; and
3. If applicable, notice that the Complaint is being referred to an appropriate disciplinary authority for proceedings outside the jurisdiction of this procedure.
6. If the Dismissal involves an allegation of Sex-based Harassment, the Notice of Dismissal will be served on the Parties simultaneously.
7. When a Complaint is dismissed, Title IX Coordinator will, at a minimum:
1. Offer supportive measures to the Complainant as appropriate;
2. If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
3. Take other prompt and effective steps, as appropriate, to ensure that Sex Discrimination does not continue or recur within the College’s education Program or Activity.

IV. Rights of Parties

1. The provisions of this disciplinary procedure shall apply equally to the Respondent and the Complainant.
2. The College bears the burden of offering and presenting sufficient evidence to establish that the Respondent is responsible for engaging in Sex Discrimination, Sex-based Harassment, or Retaliation related to or arising from such allegations by a preponderance of the evidence. A preponderance of the evidence means on a more probable than not basis.
3. The Respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

V. Initiation of Discipline

1. Upon receipt, the Vice President for Administrative Services shall independently review the investigation report provided by the Title IX Coordinator, and determine whether, by a preponderance of the evidence, there was a violation of the College’s Sex Discrimination policy; and if so, what disciplinary sanction(s) and/or remedies will be recommended. The Vice President for Administrative Services shall, within ten (10) business days of receiving the investigation report, serve Respondent, Complainant, and the Title IX Coordinator with a Written Recommendation, which includes a description of the facts and conclusions supporting the recommendation, as well as a recommended sanction. The time for serving a Written Recommendation may be extended by the Vice President for Administrative Services for good cause.
1. The Complainant or Respondent shall have 21 calendar days from service of the Written Recommendation to either accept the Written Recommendation or request a hearing before the decision maker. The request may be verbal or written, but must be clearly communicated to the Vice President for Administrative Services.
2. Upon receiving a request for a hearing, the Vice President for Administrative Services shall promptly notify the decision maker, the other Party and the Title IX Coordinator of the request and forward a copy of the Written Recommendation to the decision maker.
3. If no request for a hearing is provided to the Vice President for Administrative Services within the 21 calendar day period, the Vice President for Administrative Service’s Written Recommendation shall be final and the recommended disciplinary sanctions, if any, shall be implemented immediately.
2. Service of the Written Recommendation or any other document required to be served under this procedure shall be done:
1. In person; or
2. By first class or certified mail to the Party’s last known address and by electronic mail to the Party’s College email address.

VI. Pre-Hearing Procedure

1. Upon receiving the Written Recommendation and request for a hearing, the [decision maker] will send a hearing notice to all Parties in compliance with WAC 10-08-040.The hearing date may not be scheduled less than ten (10) business days after the Title IX Coordinator provides the Final Investigation Report to the Parties and the Vice President for Administrative Services. The College may, at its discretion, contract with an administrative law judge or other qualified person to act as the decision maker.
2. Complainants and Respondents may be accompanied by an Advisor of their choosing 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. If a Party does not select their own advisor, the College will provide the Party with an advisor at no cost to the Party.
1. If the Advisor is an attorney, the Advisor must file a notice of appearance with the decision maker with copies to all parties and the Vice President for Administrative Services at least five (5) business 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 decision maker with a signed waiver of union representation, including written consent from the union.
3. In preparation for the hearing, the College will provide Parties with an accurate description of all relevant and not otherwise privileged evidence gathered by the investigator during the investigation, regardless of whether the College intends to offer the evidence at the hearing. All Parties shall have an equal opportunity to access the evidence upon request.
4. The decision maker may, or upon the request of any Party, must, conduct the hearing with the Parties physically present in separate locations, with technology enabling the decision maker and Parties to simultaneously see and hear the Party or the witness while that person is speaking.

VII. Evidence

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

1. Relevant or Relevance means a question or evidence is related to the allegations of Sex Discrimination at issue in the proceeding. Questions are relevant when they seek evidence that may aid in showing whether the alleged Sex Discrimination occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged Sex Discrimination occurred.
2. Impermissible evidence.
1. Privileged information. The decision maker shall not consider legally privileged information unless the individual holding the privilege 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.
2. Prior Sexual Behavior. 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.
3. The decision maker may not make an inference regarding responsibility solely on a witness’s or Party’s absence from the hearing or refusal to answer questions.
4. In a proceeding involving allegations of Sex-based Harassment in which a student is a Complainant, the decision maker shall review, in advance, all questions the Complaint and Respondent propose to ask during the hearing for relevance and whether the questions seek otherwise impermissible evidence. The decision maker shall explain on the record the reasons for excluding any questions. If a question is excluded as unclear or harassing, the Party proposing the question shall have an opportunity to clarify or revise the question. If questions are submitted for review in writing, the written questions shall be retained as part of the hearing record.
5. In a proceeding involving allegations of Sex-based Harassment in which a student is the Complainant, all questioning of witnesses on behalf of the Complainant and Respondent shall be conducted either by their respective Advisors or the Decision Maker. Determination of who will conduct the questioning is at the discretion of the Decision Maker.
6. All hearings shall be recorded by manual, electronic, or other types of recording device.

VIII. Initial Order

1. The decision maker will be responsible for drafting an Initial Order that:
1. Identifies the allegations of Sex Discrimination;
2. Describes the grievance and disciplinary procedures, starting with the College’s receipt of the 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 Sex Discrimination in violation of Title IX;
5. Contains a statement of, and rationale for, the decision maker’s determination of responsibility for each allegation;
6. Describes the 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 the College’s programs or activities; and
8. Describes the process for appealing the Initial Order to the President or delegate.
2. The Initial Order shall be served on the Parties and the Title IX Coordinator. If the case involves allegations of Sex-based Harassment, the Initial Order shall be served on the Parties and the Title IX Coordinator simultaneously.

IX. Appeals

1. All Parties, including the Vice President for Administrative Services in their capacity as a representative of the College, have the right to appeal from the determination of responsibility and/or from a dismissal, in whole or part, of a Complaint during the investigative or hearing process. Appeals must be in writing and filed with the President or delegate within twenty-one (21) calendar 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.
2. Upon receiving a timely appeal, the President or delegate will serve a copy of the appeal on all non-appealing Parties, who will have ten (10) business days from the date of service to submit written responses to President or delegate 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, President or delegate shall serve copies of the responses to the appealing Party.
3. If necessary to aid review, the President or delegate may ask for additional briefing from the parties on issues raised on appeal.
4. The President or delegate, based on their review of the Parties’ submissions and the hearing or investigative record, will make a Final Decision determining 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.
5. The Final Decision shall be served on all Parties and the Title IX Coordinator. If the case involves allegations of Sex-based Harassment, the Final Decision shall be served on the Parties and the Title IX Coordinator simultaneously.
6. 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 34.05.542. No decisions or recommendations arising from this disciplinary procedure will be subject to grievance pursuant to any Collective Bargaining Agreement.

The student sex discrimination disciplinary process is outlined in the Student Code of Conduct.

1. Review of Allegation and Investigative Report: The Student Conduct Officer will review the allegation and the investigative report recommended by the Title IX Office.
2. Notification of Process and Rights: The respondent and complainant will be notified of the process and provided with their rights and responsibilities for the proceedings.
3. Presentation to Student Conduct Committee: The Student Conduct Officer will present the case to the Student Conduct Committee. The Committee is composed of a presiding officer, one faculty member, and one current student.
4. Determination of Violation and Sanction: The Student Conduct Committee will determine if a violation occurred and, if so, will impose any relevant sanctions.
5. Appeal Process: Students may submit appeals to the appeals officer.

Policy

Cascadia College has a responsibility to prevent sex discrimination and ensure equal access to the College’s education programs and activities. As required by Title IX of the Educational Amendments of 1972, this policy prohibits discrimination against any student, employee, applicant for employment, or anyone who was participating or attempting to participate in the College’s education program or activity (collectively, College Community Members) based on their current, potential, or past pregnancy or related conditions.

Definitions

1. Pregnancy or Related Conditions means:
1. Pregnancy, childbirth, termination of pregnancy, or lactation;
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
2. Program and Program or Activity means all of the operations of the College.
3. Student means a person who has gained admission to the College.
4. Reasonable Modifications means changes to the College’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to the College’s education program or activity for a student experiencing pregnancy or related conditions. Reasonable modifications are based on a student’s individualized needs and are determined in consultation with the student. A modification that the College can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable modification. Reasonable modifications may include, but are not limited to:
1. breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom;
2. intermittent absences to attend medical appointments;
3. access to online or homebound education;
4. changes in schedule or course sequence;
5. extensions of time for coursework and rescheduling of tests and examinations;
6. allowing a student to sit or stand, or carry or keep water nearby;
7. counseling;
8. changes in physical space or supplies (for example, access to a larger desk or a footrest);
9. elevator access;
10. voluntary leave of absence, or
11. other changes to policies, practices, or procedures.

Students

Responsibility to Inform Students

The College has the responsibility to promptly and effectively prevent and respond to sex discrimination, including discrimination on the basis of pregnancy or related conditions. When a student informs any College employee, including confidential employees of the student’s pregnancy or related conditions, the employee must:

1. Promptly provide the student, verbally or in writing, the Title IX Coordinator’s contact information, and
2. Inform that student that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the College’s education program or activity.
3. The Title IX Coordinator will collaborate with the office of Student Accessibility Services (SAS) to ensure any reasonable modifications are provided to the student at the college.

If the employee reasonably believes that the Title IX Coordinator has already been notified of a student’s pregnancy or related condition, they are relieved of their responsibility to inform in this instance. Absent information about conduct that reasonably may constitute sex discrimination, employees should not directly inform the Title IX Coordinator of a student’s pregnancy or related conditions. No College employee shall approach a student unprompted and ask about their pregnancy or related condition, or make assumptions about a student’s needs or medical status.

Nothing under this policy or Title IX obligates a student to seek reasonable modifications for their pregnancy or related conditions after receiving the Title IX Coordinator’s information, nor does it obligate the student to accept offered reasonable modifications.

Student Procedure

The student can inform any college employee (instructor, advisor, etc.) about their pregnancy or contact the college’s Title IX coordinator by emailing titleix@cascadia.edu.

Title IX Coordinator’s Responsibility to Act

When a student informs the Title IX Coordinator of their pregnancy or related condition, the Title IX Coordinator will provide the student with information about the College’s Title IX policies and procedures, including information about requesting and receiving reasonable modifications.

Reasonable Modifications

At the student’s request, the Title IX Officer will work with the student and SAS to identify reasonable modifications to any policy, practice, or procedure necessary to prevent sex discrimination and to ensure equal access to the College’s education programs or activities based on the student’s individualized needs. A modification that fundamentally alters the nature of an education program or activity is not a reasonable modification. It shall be the responsibility of the College to demonstrate if a particular modification would be a fundamental alteration, and to consult with the student to identify alternative reasonable modifications.

During this process, the Title IX Coordinator and/or (SAS) shall not inquire about the specific circumstances surrounding a student’s pregnancy or related conditions and will maintain the student’s privacy at all times unless reasonably necessary to ensure reasonable modifications are implemented promptly and effectively.

Nothing in this policy precludes a student from participating in any part of an education program or activity due to pregnancy or related conditions, including athletics and other extracurricular activities. The College does not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity, e.g., allowing a pregnant student who is confined to bed rest to access an in-person course online, provided that the College ensures that the separate portion is comparable to that offered to students who are not pregnant or have related conditions.

A student can voluntarily take a leave of absence from the College’s education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. Students who elect to take a voluntary leave of absence in relation to pregnancy or a related condition will be reinstated to the same extracurricular status upon returning from leave, unless exact reinstatement would not be administratively possible or practicable under the circumstances.

Appeal of Reasonable Modifications

A student has the right to appeal any reasonable modification to an impartial reviewer (The impartial reviewer can be the same official as the impartial reviewer responsible for supportive measures for sex discrimination claims) in accordance with the following procedure:

If a student becomes dissatisfied with their reasonable modifications or undergoes a change of circumstances that warrants revisions to their reasonable modifications, the student may submit a request to revise their reasonable modifications to the Title IX Coordinator. The Title IX Coordinator will respond to such a request within seven business days. If the student disagrees with the Title IX Coordinator’s decision, they may submit a written appeal to the President or their designe within seven business days of receiving the Title IX Coordinator’s decision. Review of the appeal shall be performed by an impartial employee with authority to modify or reverse the Title IX Coordinator’s decision to provide, deny, modify or terminate reasonable modifications applicable to the student seeking review. Challenged reasonable modifications will be reviewed to determine whether they are meeting the purposes of preventing sex discrimination and ensuring equal access to the College’s education programs and activities.

Supporting Documentation

The College may in certain instances ask a student seeking reasonable modifications to produce supporting documentation to validate their pregnancy or pregnancy related condition. The College will not require supporting documentation to validate a student’s pregnancy or related condition if:

• a student’s need for a specific modification is obvious;
• if the student has previously provided sufficient supporting documentation;
• when the reasonable modification because of pregnancy or related conditions at issue is allowing a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom;
• when the student has lactation needs; or
• when the specific modification is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.

In addition, the College will not require certification from a healthcare provider or any other person to determine if a student who is pregnant or has related conditions is physically able to participate in a class, program, or extracurricular activity unless:

1. The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity;
2. The College requires such certification of all students participating in the class, program, or extracurricular activity; and
3. The information obtained is not used as a basis for discrimination prohibited by this Policy.

Employees

Under Title IX, the College treats all employees’ pregnancy or related conditions as it does any other temporary medical conditions for all job-related purposes, including commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit of service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment. Employees who are pregnant or experiencing related conditions have the right to take leave, including voluntary unpaid leave, per college policy and respective collective bargaining agreements. Please contact Human Resources for any inquiries about leave.

Under the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), the College offers reasonable workplace accommodations for employees affected by pregnancy, childbirth, or related medical conditions. The College will always provide the following reasonable accommodations to employees experiencing pregnancy or related conditions, as needed, without requesting written certification from a healthcare professional:

1. Providing frequent, longer, or flexible restroom breaks;
2. Modifying a no food or drink policy;
3. Providing seating or allowing the employee to sit more frequently;
4. Refraining from lifting more than 17 pounds; and
5. Providing reasonable break time for an employee to express breast milk for two years after the child’s birth each time the employee has need to express the milk and providing a clean and private location, other than a bathroom, which may be used by the employee to express breast milk.

The College may provide other reasonable accommodations, some of which may require written certification from a healthcare professional, which may include but are not restricted to:

1. Job restructuring, including modifying a work schedule, job reassignment, changing a workstation, or providing equipment;
2. Providing a temporary transfer to a less strenuous or hazardous position;
3. Scheduling flexibility for prenatal visits; and
4. Providing any further accommodation the employee may need.

Under the PUMP Act, the College is not required to compensate an employee receiving reasonable break time for expressing breast milk for any work time spent for such purpose. However, as the time it takes to express breast milk is highly individualized, employees are encouraged to work with Human Resources and/or the Title IX Coordinator to ensure they have the flexibility to express breast milk as necessary.

Employees who are enrolled in the College’s education program or activity are eligible to receive reasonable modifications as outlined in the student section of this policy/procedure in order to sufficiently allow the employee to continue their educational progress as a student.

The College will not retaliate against employees affected by pregnancy or related conditions who request one of these changes, or deny them employment opportunities if they are otherwise qualified, or require them to take leave if an alternative is available. Additionally, pregnant employees with a pregnancy-related disability may have rights in addition to those listed here.

Lactation Space

The College has a designated lactation space (INV-149) on campus that is not a bathroom, which may be used by any person on campus for pumping or breastfeeding as needed, regardless of a person’s gender identity or gender expression. Any designated lactation spaces will be kept clean, will be private and accessible, and available for use whenever the building the space is open for use.

While there is lactation space available for use, the College recognizes that in Washington State, breastfeeding is permitted in any public place. Breastfeeding is not considered “indecent exposure,” and no one may stop another person from breastfeeding, require they cover themselves, move, or leave a public premises because they are breastfeeding. The decision of where to pump or breastfeed is at the person’s discretion, if consistent with Washington State law.

Reporting Policy Violations

If a College Community Member notifies the College of a failure to implement a reasonable modification or make a lactation space available, the College will promptly and effectively take additional steps to comply with their Title IX obligation to ensure that its education program or activity is free from discrimination on the basis of sex, including on the basis of pregnancy or related conditions. If a College Community Member files a complaint regarding the failure to implement a reasonable modification for pregnancy or a related condition or to make a lactation space available, this will constitute a report of sex discrimination, and the investigation procedure outlined in the Sex Discrimination Policy will be initiated. To report violations of this Policy, contact the College’s Title IX Coordinator or their designee:

Title IX Coordinator

Jason Rue
titleix@cascadia.edu
425-352-8305

Deputy Title IX Coordinator

Ifrah Mohamed
titleix@cascadia.edu
425-352-8305