Title IX

Complaint and Investigation Procedure — Discrimination and Harassment

1. Purpose

   Cascadia College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington State’s Law Against Discrimination, Chapter 49.60 RCW and their implementing regulations.

   To this end, 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.

2. Definitions

   1. Complainant: employee(s), applicant(s), student(s), or visitors(s) of Cascadia College who alleges that they have been subjected to discrimination or harassment due to their membership in a protected class.

   2. Complaint:a description of facts that allege 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 they are 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.

   4. 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.

   5. Harassment: a form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or their perceived membership in a protected class. Harassment occurs when the conduct is objectively offensive and sufficiently severe, persistent, or pervasive 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 [and/or student housing]. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment. Examples of conduct that could rise to the level of discriminatory harassment include but are not limited to the following:

      • Epithets, "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.

   6. 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.

   7. 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 sanction.

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

   9. 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.

   10. 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 objectively offensive and sufficiently severe, persistent, and/or pervasive 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 [and/or student housing].

       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 that includes:

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

       2. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

       3. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen (18).

       4. Statutory Rape. Consensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16).

       5. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of 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

       7. 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. TITLE IX COORDINATOR / EEO Coordinator

   Jasmin Means
   Assistant Director for Title IX Support and Student Accessibility Services
   CC1-130G
   Contact
   Ifrah Mohamad
   Senior Director of Human Resources, Payroll, and Compliance
   CC2-280
   Contact

   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 issue written findings and recommendations upon completion of an investigation.
   • May recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct.

4. HOW TO FILE A COMPLAINT

   Any employee, applicant, student or visitor of the College may file a complaint with the Title IX/EEO Coordinator or Delegate. If the complaint is against that Coordinator, the complainant should report the matter to the president’s office for referral to an alternate designee. 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 or by emailing titleix@cascadia.edu.

   Hardcopies 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.

5. 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 Cascadia 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 or Delegate.

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

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

      If the College is unable to honor a complainant’s request for confidentiality, the Title IX / EEO Coordinator or Delegate 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 or Delegate will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.

6. INVESTIGATION PROCEDURE

   Upon receiving a discrimination complaint, the College shall commence an impartial investigation. The Title IX / EEO Coordinator or Delegate shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX / EEO Coordinator or their designee. Complaints against employees will be investigated by the Title IX/EEO Coordinator or their designee; complaints against students will be investigated by the Student Conduct Officer. 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.

   1. Interim Measures. The Title IX / EEO Coordinator or Delegate may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of a summary suspension in compliance with the College’s student conduct code or an administrative leave of absence in compliance with the College’s employment policies and collective bargaining agreements.

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

   3. 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 ninety days unless there is good cause shown. Good cause includes, but is not limited to, academic holidays, college closures, academic breaks, and other unforeseen circumstances. If it appears completion of the investigation will take longer than ninety days, the Title IX/EEO Coordinator or Delegate will notify the parties, describe the reasons for the delay, and provide an estimated time for completing the investigation.

   At the conclusion of the investigation, the investigator shall set forth their findings in writing. If the investigator is someone other than the Title IX / EEO Coordinator or Delegate, the investigator shall send a copy of the findings to the Title IX/EEO Coordinator or Delegate.

   4. The Title IX / EEO Coordinator or Delegate will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings, subject to the following limitations. The complainant shall be informed in writing of the findings only to the extent that such findings directly relate to the complainant’s allegations. 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 the investigative findings subject to any FERPA confidentiality requirements.

   5. Final Decision/Reconsideration. Either the complainant or the respondent may seek reconsideration of the investigation findings. Requests for reconsideration shall be submitted in writing to the Title IX / EEO Coordinator or Delegate within seven days of receiving the investigation report. Requests must specify which portion of the findings should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven (7) calendar days, the findings become final. If a request for reconsideration is received, the Title IX / EEO Coordinator or Delegate shall respond within ten (10) business days. The Title IX / EEO Coordinator or Delegate shall either deny the request or, if the Title IX / EEO Coordinator or Delegate determines that the request for reconsideration has merit, issue amended findings. Any amended findings are final and no further reconsideration is available.

7. PUBLICATION OF ANTI-DISCRIMINATION POLICIES AND PROCEDURES

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

8. 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 federal, state, and municipal rules and regulations.

9. NON-RETALIATION, INTIMIDATION AND COERCION

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

10. 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.

11. 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

Title IX Investigation Procedure

1. Purpose

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

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

2. Definitions

   For purposes of this Title IX Investigation Procedure, the following terms are defined as follows:

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

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

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

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

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

   4. “Formal Complaint” means a writing submitted by the Complainant or signed by the Title IX coordinator alleging Sexual Harassment against a Respondent and requesting that Cascadia College investigate. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the educational programs or activities of Cascadia College.

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

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

   7. “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.

   8. “Sexual Harassment,” for purposes of these Title IX Investigation Procedures, Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:

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

      2. Hostile environment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Cascadia College ’s educational programs or activities or Cascadia College`s employment.

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

         1. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without Consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
         2. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
         3. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen (18).
         4. Statutory rape. Non-forcible sexual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16).
         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.
         7. 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.

   9. “Title IX Administrators” are the Title IX Coordinator, Title IX investigators, the Student Conduct Officer, Student Conduct Committee members, Disciplinary Officer (s), Appeal Officer(s) and Cascadia College provided advisors assigned to the parties by Cascadia College during Title IX disciplinary proceedings.

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

       1. Accepting and processing all Title IX reports, referrals, and Formal Complaints.

       2. Executing and submitting a Formal Complaint when appropriate and necessary.

       3. Handling requests for confidentiality.

       4. Determining: (i) whether a Formal Complaint should be dismissed either in whole or in part, and if so, (ii) providing notice to both parties about why dismissal was necessary or desirable, and (iii) referring the complaint to the appropriate disciplinary authority for proceedings outside the jurisdiction of Title IX.

       5. Maintaining accurate records of all complaints, reports, and referrals, and retaining investigation files, complaints, reports, and referrals in compliance with the applicable records retention schedules or federal or state law, whichever is longer.

       6. Conducting investigations or assigning and overseeing investigations.

       7. 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.

       8. Upon completion of an investigation, issuing or overseeing the issuance of a final investigation report to the parties and the appropriate disciplinary authority.

       9. Recommending non-disciplinary corrective measures to stop, remediate, and/or prevent recurrence of discriminatory conduct to disciplinary authorities and other Cascadia College administrators.

3. Principles for Title IX Investigation Procedure

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

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

   3. The Cascadia College shall treat both the Complainant and Respondent equitably by providing Complainant with remedies against Respondent who has been found responsible for Sexual Harassment through application of the institution’s Title IX investigation and applicable Title IX disciplinary procedures and by providing Respondent with procedural safeguards contained in these procedures and in applicable Title IX disciplinary procedures.

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

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

   6. A student found responsible for engaging in Sexual Harassment may receive discipline up to and including dismissal from Cascadia College. A description of other possible disciplinary sanctions and conditions that may be imposed against students can be found in WAC 132Z-115. An employee found responsible for Sexual Harassment may receive discipline up to and including dismissal from employment. A description of possible disciplinary sanctions and conditions that may be imposed against employees can be found in the appropriate collective bargaining agreements and college policies and procedures.

   7. In proceedings against a student, the parties may appeal the Student Conduct Committee’s ruling to the college`s Vice President for Student Success pursuant to Title IX Student Conduct Code Procedures, WAC 132Z-120.

      In proceedings against an employee, the parties may appeal the Employee Disciplinary Decision in accordance with as outlined in the Title IX Employee Disciplinary Procedures.

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

      1. Spousal/domestic partner privilege;

      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; and

      6. Other legal privileges identified in RCW 5.60.060.

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

   1. Title IX Administrators shall perform their duties free from bias or conflicts.

   2. Title IX Administrators shall undergo training on the following topics:

      1. The definition of Sexual Harassment under these procedures,

      2. The scope of Cascadia Colleges’ educational programs and activities,

      3. How to conduct an investigation,

      4. How to serve impartially without prejudgment of facts, conflicts of interest, or bias,

      5. Use of technology used during an investigation or hearing,

      6. The relevance of evidence and questions, and

      7. Effective report writing.

   3. All Title IX Administrator training materials shall be available on the Cascadia College’s Title IX webpage.

5. Filing a Complaint

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

   Student Complaints

   Jasmin Means
   Assistant Director for Title IX Support and Student Accessibility / Title IX Coordinator
   titleix@cascadia.edu
   425-352-8334

   Employee Complaints

   Ifrah Mohamad
   Senior Director of Human Resources, Payroll, and Compliance / Deputy Title IX Coordinator
   titleix@cascadia.edu
   425-352-8305

   You may also report an incident online by completing our Sex Discrimination / Sex-Based Harassment/Title IX Reporting Form.

6. Confidentiality

   1. Cascadia College will seek to protect the privacy of the Complainant to the fullest extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Cascadia College`s 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 Coordinator.

   2. The Title IX Coordinator will inform and attempt to obtain consent from the Complainant before commencing an investigation of alleged Sexual Harassment. If a Complainant asks that their name not be revealed to the Respondent or that the college not investigate the allegation, the Title IX Coordinator will inform the Complainant that maintaining confidentiality may limit the colleges’ 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 Cascadia College community, including the Complainant. Factors to be weighed during this determination may include, but are not limited to:

      1. The seriousness of the alleged Sexual Harassment;

      2. The age of the Complainant;

      3. Whether the Sexual Harassment was perpetrated with a weapon;

      4. Whether the Respondent has a history of committing acts of Sexual Harassment or violence or has been the subject of other Sexual Harassment or violence complaints or findings;

      5. Whether the Respondent threatened to commit additional acts of Sexual Harassment or violence against the Complainant or others; and

      6. Whether relevant evidence about the alleged incident can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

   3. If Cascadia 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 procedure.

   4. If Cascadia 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. Complaint Resolution

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

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

   1. Informal Resolution

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

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

      • Guided conversations or communications conducted by the Title IX coordinator / Human Resources Office representative or a mutually agreed upon third party;

      • Structured resolution process conducted by a trained mediator; or

      • Voluntarily agreed on alterations to either or both of the parties’ work or class schedules or student housing arrangements.

      If the parties agree to an informal resolution process, Cascadia College will commence the process within 14 days after the parties agree to this option and conclude within thirty (30) days of beginning that process; subject to reasonably delays and extensions for good cause shown. The informal process is voluntary. Either the impacted or responding party may withdraw from the informal resolution process at any time, at which point the formal investigation process will resume.

      If the impacted and responding party voluntarily resolve a report, 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 report has been closed.

   2. Formal Resolution

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

8. 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 Cascadia College’s operations, the Cascadia College’s student conduct officer may summarily suspend a Respondent pursuant to WAC 132Z-115-105, pending final resolution of the allegations. Nothing in this procedure prohibits the college from placing non student employees on administrative leave pending final resolution of the allegations.

9. Investigation Notices

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

   1. Notice of formal and informal resolution processes. A description of the Cascadia College`s investigation procedures, including the informal resolution procedure.

   2. The investigator will serve the Respondent and the Complainant with a Notice of Investigation in advance of the initial interview with the Respondent to allow the Respondent sufficient time to prepare a response to the allegations and to inform the Complainant that Cascadia College has commenced an investigation. The Notice of Investigation will:

      1. Include the identities of the parties (if known), a description of the conduct allegedly constituting Title IX Sexual Harassment, and the time and location of the incident (if known).

      2. Confirm that the Respondent is presumed not responsible for the alleged conduct and that Cascadia College will not make a final determination of responsibility until after the investigative and disciplinary processes have been completed.

      3. Inform parties that they are both entitled to have an advisor of their own choosing, who may be an attorney.

      4. Inform parties they have a right to review and inspect evidence.

      5. Inform parties about student conduct code provisions and employment policies that prohibit students and employees from knowingly submitting false information during the investigative and disciplinary processes.

   3. Amended Notice of Investigation. If during the course of the investigation, the college decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Investigation, the college will issue an amended Notice of Investigation to both parties that includes this additional information.

   4. Interview and meeting notices. Before any interview or meeting with a party about Title IX allegations, the college shall provide the party with a written notice identifying the date, time, location, participants, and purpose of the interview or meeting with sufficient time for the party to prepare for the interview or meeting.

10. Investigation Process - Dismissal

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

       1. Does not meet the definition of Sexual Harassment under Title IX, even if proved; or

       2. Did not occur in the context of a College Education Program or Activity; or

       3. Occurred outside the United States.

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

       1. The Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint in whole or in part;

       2. Respondent is no longer enrolled with or employed Cascadia College; or

       3. Specific circumstances prevent Cascadia College from gathering evidence sufficient to complete the investigation of the Title IX allegations in whole or in part.

    3. The Title IX Coordinator will provide both parties written notice if Title IX allegations are dismissed with an explanation for the dismissal.

    4. Either party may appeal the dismissal of a formal complaint pursuant to either the appeal process set forth in the Title IX employee disciplinary procedure if the Respondent is an employee; or the appeal process in the Supplemental Title IX Student Conduct Procedure if the Respondent is a student.

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

11. Investigation Process – Consolidation of Formal Complaints

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

12. Investigation Process – Required Procedures

    During the investigation, the Investigator:

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

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

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

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

    5. The investigator will forward the final report to the Title IX Coordinator, who will distribute the report and evidence to the parties, as well as the disciplinary authority responsible for determining whether disciplinary action is warranted. The disciplinary authority will issue notices of any proposed action in accordance with the Student Conduct Code or applicable employee disciplinary procedures.

Title IX Employee Discipline Procedure

1. Order of Precedence

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

   Notwithstanding the foregoing, if Respondent is a tenured or probationary faculty member and the Vice President for Administrative Services determines that the allegations in the investigation, if true, would warrant Respondent’s dismissal from the College, 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 the Tenure Dismissal Committee procedures are inconsistent or conflict with Sections II through VII of this Supplemental Procedure, those Supplemental Procedure sections will prevail. At the end of the hearing, the Tenure Dismissal Committee will issue a Recommendation consistent with the provisions set forth in Section VIII. Complainant shall have the same right to appear and participate in the proceedings as the Respondent, including the right to present their position on the Recommendation to the appropriate appointing authority before final action is taken.

2. Prohibited Conduct Under Title IX

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

   For purposes of this supplemental procedure, “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

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

   • Hostile environment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s educational programs or activities, or employment.

   • Sexual assault. Sexual assault includes the following conduct:

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

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

     3. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).

     4. Statutory rape. Non-forcible sexual intercourse between someone who is eighteen (18) years of age or older and someone who is under the age of sixteen (16).

   • 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.

   • 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.

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

3. Title IX Jurisdiction

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

      1. Occurred in the United States;

      2. Occurred during a college educational program or activity; and

      3. Meets the definition of Sexual Harassment as that term is defined in this supplemental procedure.

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

      Proceedings under this supplemental procedure must be dismissed if the Decision Maker determines that one or all of the requirements of Section A (1)-(3) have not been met. Dismissal under this supplemental procedure does not prohibit 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 Cascadia College policies.

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

4. Initiation of Discipline

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

   If the Vice President for Administrative Services determines that there are sufficient grounds to proceed under these supplemental procedures, the Vice President for Administrative Services will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the Decision Maker and by serving the notice on the Respondent and the Complainant, and their respective advisors. The notice must:

   1. Set forth the basis for Title IX jurisdiction;

   2. Identify the alleged Title IX violation(s);

   3. Set forth the facts underlying the allegation(s);

   4. Identify the range of possible sanctions that may be imposed if the Respondent is found responsible for the alleged violation(s);

   5. Explain that each Party is entitled to be accompanied by an Advisor of their own choosing during the hearing and that:

      1. Advisors will be responsible for questioning all witnesses on the Party’s behalf;

      2. An Advisor may be an attorney and/or, if the Party is a represented employee, a union representative;

      3. A represented employee who chooses an Advisor who is not a union representative must submit a signed waiver of union representation that includes consent from the union; and

      4. Cascadia College will appoint the Party an Advisor of the college’s choosing at no cost to the Party, if the Party fails to choose an Advisor; and

   6. Explain that if a Party fails to appear at the hearing, a decision of responsibility may be made in the Party’s absence.

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

5. Pre-Hearing Procedure

   Upon receiving the disciplinary notice, the Decision Maker will send a hearing notice to all parties in compliance with WAC 10-08-040. Pursuant to WAC 10-08-040, the hearing date may not be scheduled less than Seven (7) days after the Title IX Coordinator provided the Final Investigation Report to the Parties. Cascadia College may, at its discretion, contract with an administrative law judge or other person to act as the Decision Maker.

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

   1. A party may choose to have an attorney serve as their advisor at the party’s own expense. This right will be waived unless, at least five (5) days before the hearing, the attorney files a notice of appearance with the Vice President for Administrative Services with copies to all parties and the Student Conduct Officer.

   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.

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

6. Rights of Parties

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

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

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

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

7. Evidence

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

   1. Relevance: The Decision Maker shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

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

   3. 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.

   4. Complainant and Respondent may not ask questions directly of one another. Questions may be asked through a party’s advisor or by the Chair, but only after the Chair determines the question is relevant and not privileged or otherwise impermissible. The Chair has discretion to follow this procedure for other witnesses, as well.

   5. No negative inference: 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.

   6. Privileged evidence: The Decision Maker shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

      1. Spousal/domestic partner privilege;

      2. Attorney-Client and attorney work product privileges;

      3. Privileges applicable to members of the clergy and priests;

      4. Privileges applicable to medical providers, mental health therapists, and counsellors;

      5. Privileges applicable to sexual assault and domestic violence advocates; and

      6. Other legal privileges identified in RCW 5.60.060.

8. Initial Order

   1. The Decision Maker will be responsible for drafting an Initial Order that:

      1. Identifies the allegations of sexual harassment;

      2. Describes the procedural steps taken from receipt of the formal complaint through the determination, including any notifications to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

      3. Makes findings of fact supporting the determination of responsibility;

      4. Reaches conclusions as to whether the facts establish whether the Respondent is responsible for engaging in Sexual Harassment in violation of Title IX or any other college policy;

      5. Contains a statement of, and rationale for, the Decision Maker`s determination of responsibility for each allegation;

      6. Describes any disciplinary sanction or conditions imposed against the Respondent, if any;

      7. Describes to what extent, if any, Complainant is entitled to remedies designed to restore or preserve Complainant’s equal access to the College’s education programs or activities; and

      8. Describes the process for appealing the Initial Order to the Cascadia College President.

   The Decision Maker will serve the Initial Order on the Parties simultaneously.

9. 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 formal complaint during the investigative or hearing process. Appeals must be in writing and filed with the President or Delegate within twenty-one (21) days of service of the Initial Order or Notice of Dismissal. Appeals must identify the specific findings of fact and/or conclusions of law in the initial order or dismissal being challenged and must contain argument as to why the appeal should be granted. Failure to file a timely appeal constitutes a waiver of the right to appeal and the Initial Order or Notice of 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) 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. The appealing party shall have five (5) days from the date of service to submit a written reply addressing issues raised in the responses to the President or Delegate.

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

   5. The President or Delegate shall serve the Final Decision on the parties 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.

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 designee 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

Jasmin Means
titleix@cascadia.edu
425-352-8305

Deputy Title IX Coordinator

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