What is Title IX?
In short, Title IX ensures gender equality in the educational setting in the United States.
The actual language is part of the 1972 Education Amendments and states:
Therefore, if your institution receives federal funding, and you have experienced sexual harassment, sexual misconduct, sexual assault, intimate partner violence or stalking, you are entitled to specific protections and resources.
It's important to know your rights and understand what occurs once a formal complaint is filed.
Complaints filed with the Title IX office are typically resolved within 60 working days. That time may be extended due to parallel criminal investigations, police inquiries, school breaks or other events necessary to ensure a fair, complete and thorough investigation.
When a formal complaint is filed, the Title IX coordinator conducts an initial assessment to determine the best way to bring about a resolution of the complaint. There are normally two forms of complaint resolution: early resolution and formal investigation.
When you decide to file a complaint, the Title IX coordinator will likely initiate a series of steps to address and resolve the complaint.
In most cases, a physical complaint form is not necessary to initiate the complaint process.
When you file a complaint, the Title IX coordinator conducts an initial assessment with you to determine:
- The health and safety of the individual(s) involved as well as that of the larger College or University community.
- What steps to take to mitigate the immediate impact of the incident and connect the complainant/claimant with services.
- The best way to bring about a resolution of the complaint
Generally, complaints filed with the College or University's Title IX office are typically resolved within 60 working days. That time may be extended due to parallel criminal investigations, police inquiries, school breaks or other events necessary to ensure a fair, complete and thorough investigation.
There are two forms of complaint resolution: early resolution and formal investigation.
Characteristics of an Early Resolution
An early resolution can provide a wide range of measures to address an incident’s effects, resolve a complaint and prevent the incident from reoccurring. Within the early resolution process, circumstances may require a simple investigation before potential remedies are put in place.
Possible remedies include:
- Having no future contact with the person against whom the complainant files
- Attending sexual harassment prevention courses
- Attending alcohol education courses
- Attending counseling
- Terminating the alleged behavior
- Disciplinary sanctions
Characteristics of a Formal Complaint
A formal complaint includes:
→ Investigation
This is conducted by either an internal or external investigator or investigator team. The investigators speak to all involved parties and any witnesses.
Investigators also consider all relevant evidence, such as text messages and pictures.
→ Determination of Outcome
If the investigation finds that there was a violation of your College or University's Policy, depending on the circumstances, the Title IX coordinator will likely recommend that the case be forwarded to a decision maker for the potential initiation of disciplinary sanctions or further investigation.
There are two sides to each Title IX incident: The Claimant or Complainant's perspective and expectations and the Respondent's perspective and expectations. It is important that there is parity for both sides during an investigation.
CLAIMANT/COMPLAINANT'S RIGHTS & EXPECTATIONS
What to do when you've experienced Sexual Harassment, Sexual Misconduct, Sexual Assault, Intimate Partner Violence, and Stalking ?
What rights or expectations does a claimant/complainant have in a Formal Title IX Complaint?
What You Can Expect During an Investigation
→ To have a prompt, fair and impartial investigation.
→ To review and revise the notes taken by the investigator during your interview.
→ To present any evidence or the names of witnesses you feel are relevant to the investigation.
→ To have a support person accompany you to the meetings regarding the allegations. The support person may be anyone, but not a person who has information relevant to the allegations. The support person may not answer questions regarding the subject matter of the investigation.
→ To be informed of the outcome of the investigation within a reasonable time frame.
→ To provide feedback, pose questions to witnesses or request additional investigation.
→ To appeal the outcome of the investigation if the circumstances qualify for an appeal.
→ To have your information and information pertaining to the complaint kept private (released only on a need-to-know basis).
→ To be protected from retaliation or any negative action taken against you for participating in the investigation.
When you disclose an incident of sexual assault or intimate partner violence, you may:
→ Seek support from confidential resources.
→ Speak and present information on your behalf, free from prejudice.
→ File a police report and take legal actions separate from and in addition to any Harvey Mudd College process.
→ File a complaint that initiates an investigation through the College’s resolution process.
→ Receive information and assistance with the following:
• Academics
• Employment
• Housing
• Physical and/or mental health
• Safety
• Transportation
• Interim remedies tailored to your specific circumstances
RESPONDENT'S RIGHTS & EXPECTATIONS
What to do when you have been accused of Sexual Harassment, Sexual Misconduct, Sexual Assault, Intimate Partner Violence, Stalking.
What You Can Expect During an Investigation:
→ To have a prompt, fair and impartial investigation.
→ To review and revise the notes taken by the investigator during your interview.
→ To present any evidence or the names of witnesses you feel are relevant to the investigation.
→ To have a support person accompany you to the meetings regarding the allegations. The support person may be anyone, but not a person who has information relevant to the allegations. The support person may not answer questions regarding the subject matter of the investigation.
→ To pose questions to witnesses or request additional investigation.
→ To be informed of the outcome of the investigation within a reasonable time frame.
→ To appeal the outcome of the investigation if the circumstances qualify for an appeal.
→ To have your information and information pertaining to the complaint kept private (released only on a need-to-know basis).
→ To be protected from retaliation or any negative action taken against you for participating in the investigation.
→ Receive a statement of explanation regarding the complaint and the name of the person or organization who has filed it.
→ Know of any limitations or restrictions placed upon you as a result of the complaint.
→ Speak and present information on your own behalf, free from prejudice.
→ Know the status of the complaint throughout the process.
→ Seek support from confidential resources.
→ Receive information and assistance with the following:
• Academics
• Employment
• Campus escorts
• Housing
• Physical and/or mental health
•Safety
•Transportation
What to do if you feel that your College or University has mishandled your Title IX complaint?
If you feel that you were treated improperly, the campus policies were not handled properly, or you felt that the complaint and/or investigation itself was mishandled, you have the ability to file a complaint with the Department of Education Office for Civil Rights.
You can File a Complaint against your College or University for several reasons such as discrimination on the basis of race, color, and national origin is prohibited by Title VI of the Civil Rights Act of 1964.
Discrimination on the basis of sex is prohibited by Title IX of the Education Amendments of 1972. This includes discrimination based on pregnancy, parental status, and sex stereotypes (such as treating persons differently because they do not conform to sex-role expectations or because they are attracted to or are in relationships with persons of the same sex).
Discrimination against persons with disabilities is prohibited by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (Title II prohibits discrimination on the basis of disability by public entities, whether or not they receive federal financial assistance). This includes discrimination against individuals currently without an impairment that substantially limits of a major life activity, but who have a record of or are regarded as having a disability.
Discrimination on the basis of age is prohibited by Age Discrimination Act of 1975.
These civil rights laws extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries and museums that receive federal financial assistance from ED. These include all public schools and most public and private colleges and universities.
Who Can File a Discrimination Complaint - Anyone may file a complaint. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group. A complainant filing on behalf of or pertaining to another person(s) is responsible for securing any necessary written consent from that individual, including when a parent files for a student over the age of 18.
Timeliness - A complaint must ordinarily be filed within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period.
How to File an OCR Complaint
Online: You may file a complaint with OCR using OCR’s electronic complaint form at the following website: http://www.ed.gov/about/offices/list/ocr/complaintintro.html.
Mail or Facsimile: You may mail or send by facsimile information to the address or phone number available at this link. You may use OCR’s Discrimination Complaint Form or write your own letter. If you write your own letter, please include:
- The complainant’s name, address and, if possible (although not required), a telephone number where the complainant may be reached during business hours;
- Information about the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required);
- The name and location (city and state) of the institution that committed the alleged discriminatory act(s); and
- A description of the alleged discriminatory act(s) in sufficient detail to enable OCR to understand what occurred, when it occurred, and the basis for the alleged discrimination.
Email: You may email OCR’s Discrimination Complaint Form or your own signed letter to ocr@ed.gov. If you write your own letter, please include the information identified above.
For those without current email accounts, Internet access may be freely available from your local public library, and free email accounts are available from several large providers.
Note: Your College or University CANNOT retaliate against you for filing a complaint against them.
The OCR office for California is located at:
San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Telephone: 415-486-5555
FAX: 415-486-5570; TDD: 800-877-8339
Email: ocr.sanfrancisco@ed.gov
The OCR National Headquarters is located at:
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov