Office for Civil Rights & Title IX

Frequently Asked Questions

  1. What types of issues does the Office for Civil Rights and Title IX address?
    1. The Office for Civil Rights and Title IX is responsible for responding to reports of discrimination or harassment that are impacting any member of the ºÚÁÏ³Ô¹Ï community. Discrimination refers to any actions which result in disparate treatment of individuals based on a protected status. Harassment refers to unwanted verbal or physical conduct that is so sever or pervasive as to interfere with an individual’s ability to work or learn. Harassment becomes a form of discrimination when it targets an individual based on a protected status. One form of harassment is sexual harassment, which can also includes various forms of sexual misconduct such as sexual assault, dating/domestic violence, stalking, and sexual exploitation. The Office for Civil Rights and Title IX will also address reports of retaliation that targets an individual based on their participation in a process administered by the Office.
  2. What is a “protected status”?
    1. Protected status is a legally defined term which protects an individual from discrimination based on one or more aspects of their identity under federal, state, or local law. ºÚÁÏ³Ô¹Ï prohibits discrimination on the basis of race, creed, color, caste, religion, national origin, ancestry, sex (including pregnancy, gender identity or gender expression, perceived gender, sexual preference and sexual orientation), marital status, disability, veteran status, age, genetic information, or any other applicable status protected by federal, state, or local law.
  3. Why would I contact the Office for Civil Rights and Title IX?
    1. There are many reasons why individuals may wish to contact the Office for Civil Rights and Title IX. Individuals who are experiencing concerns related to discrimination or harassment, or who have experienced some form of sexual misconduct may contact the Office to file a report, receive supportive measures, and/or explore their options for addressing their concerns. All employees of the College, with the exception of confidential resources, are required to report to the Office any concerns related to discrimination, harassment, or sexual misconduct that they become aware of. Individuals, offices, or groups who are interested in receiving training related to discrimination, harassment, or sexual misconduct may also contact the Office to request said trainings.
  4. What are confidential resources and who are they?
    1. Confidential resources are employees of the College who, by the nature of their professions, are not obligated to report concerns of discrimination or harassment to the Office for Civil Rights and Title IX. Confidential resources include:
      1. All counselors in the ºÚÁÏ³Ô¹Ï Counseling Center
      2. The Chaplain
  • The Sexual Assault Response Coordinator (SARC)
  1. The Ombudsperson

In addition to these on-campus resources students may also access while faculty and staff can access the (EAP) at no cost.

  1. What is a mandatory reporter and who are they?
    1. All employes of ºÚÁϳԹÏ, except for confidential resources, are mandatory reporters. If a mandatory reporter becomes aware that a member of the ºÚÁÏ³Ô¹Ï community is experiencing concerns related to discrimination, harassment, or sexual misconduct they are required to share that information with the Office for Civil Rights and Title IX. Mandatory reporters include all faculty, non-confidential staff, and student employees who learn of concerns related to discrimination, harassment, or sexual misconduct within the scope of their employment.
  2. How can I learn about CC’s responses to discrimination, harassment, and sexual misconduct without getting into the specifics of a particular incident?
    1. Information on the College’s policies and procedures for addressing allegations of sexual misconduct can be found in the Nondiscrimination and Anti-Harassment Policy and Procedures. Additionally, staff in the Office for Civil Rights and Title IX, as well as the Sexual Assault Response Coordinator and the Ombudsperson, are available to answer questions about the Nondiscrimination and Anti-Harassment Policy and Procedures.
  3. How long after an incident can I file a report?
    1. There is no time limit for filing a report with the Office for Civil Rights and Title IX. The Office can address issues related to discrimination or harassment, including sexual misconduct, at any time and can provide support and resources to individuals who have been impacted by discrimination or harassment even if the individual who has caused harm is not a part of the CC community.
  4. I had an uncomfortable sexual experience. I am confused about what I experienced and not sure if I want to file a complaint. What should I do? Who can I go to?
    1. If you are uncertain about what to do about a situation related to a particular sexual experience it is recommended that you process that experience with the Sexual Assault Response Coordinator, who is a confidential resource at CC.
  5. What kind of supportive measures can I access if I’ve been subjected to discrimination or harassment, or if I have experienced some form of sexual misconduct?
    1. Supportive measures are made available through the Office for Civil Rights and Title IX on a case-by-case basis. Not every supportive measure will be appropriate in every situation, but examples may include but are not limited to: assistance in changing or dropping a course, access to other academic supports, on-campus housing relocation, support changing supervision in the workplace, development of a safety plan, and/or No Contact Orders. Supportive measures are tailored to ensure that an individual involved in a case is able to maintain access to educational or professional opportunities and may be offered in addition to or separate from any formal or informal resolution options. Complainants and Respondents have equal access to supportive measures and supportive measures provided to one party cannot create an undue burden on the other.
  6. What if I was under the influence of a substance?
    1. In addition to stating that individuals incapacitated by drugs or alcohol are unable to consent to sexual activity, the Nondiscrimination and Anti-Harassment Policy and Procedures grants individuals who report experiencing a sexual assault, or any other form of sexual misconduct, while under the influence of a substance full amnesty for any associated drug or alcohol charges. This protection also extends to any individual who participates in a process as a witness. It is incumbent upon the individual initiating sexual activity to obtain consent and to ascertain whether the other party is capable of providing consent. A Respondent also being intoxicated does not remove this burden and it is not a defense that a Respondent was also intoxicated when they attempted to initiate sexual contact.
  7. Who can I go to if I don’t want to speak to anyone, especially faculty and staff, but I need supportive measures?
    1. In certain situations, the Sexual Assault Response Coordinator may be able to assist in receiving an accommodation for individuals who do not want to make a report to the Office for Civil Rights and Title IX.
  8. Does CC involve the police in reports?
    1. ºÚÁϳԹϒs processes are separate and distinct from any legal or criminal processes and impacted parties are free to choose who to report to. CC will generally not make the active decision to alert law enforcement of any concerns brought to the attention of the Office for Civil Rights and Title IX. However, if a member of our community chooses to report to both the Office for Civil Rights and Title IX and to law enforcement the two processes may run concurrently.
  9. What can I do if the process I choose isn’t working for me?
    1. Generally, individuals who have reportedly experienced harm are able to withdraw from a process at any time before a final decision is made. This could involve moving from a formal process to an informal resolution or vice-versa or withdrawing a report entirely. In some cases, the College may be required to move forward with a formal investigation based on the information available, but in these cases Complainants are not obligated to continue their participation in the process. Once an informal resolution is agreed upon, or a decision maker renders a final decision in a formal process the case is considered closed and there cannot be moved to a different process, or a withdrawal from the process at that time.
  10. What crisis resources are available to me?
    1. If you have immediate concerns for your safety, you are encouraged to contact local law enforcement or campus safety at (719) 389-6911. For mental health crisis students are encouraged to contact the counseling center at (719) 389-6093 or access the 24-hour Staff and faculty in need of mental health support are encouraged to contact the Employee Assistance Program at (800) 272-7255. For individuals seeking support connected to sexual harm contact the advocate-on-call number at (719) 602-0960.

  1. Who will ask me questions about the incident and what information will I need to share?
    1. Typically, during an initial meeting with staff from the Office for Civil Rights and Title IX we will ask questions to determine the nature of the incident, what resolution options may be appropriate for the report, and what supportive measures may be appropriate. If a formal process is pursued, then a Complainant will be asked to share more specific details with an investigator(s). Formal Title IX investigations will end with a live hearing, during which a hearing officer and the advisor to the Respondent will be given opportunities to ask questions of the Complainant.
  2. What is the standard of proof for sexual misconduct hearings?
    1. All formal investigations processed through the Office for Civil Rights and Title IX are determined by the “preponderance of the evidence” standard. This means that responsibility is determined by what is more likely than not to have occurred based on all the evidence available at the time the decision is made.
  3. What options are there for reporting?
    1. Reports can be submitted through an online reporting form located on the Civil Rights and Title IX homepage. Alternatively, reports can be made directly to the Assistant Vice President for Civil Rights and Title IX or the Assistant Director for Civil Rights and Title IX in person, via email, or via phone call. Anonymous reports can also be submitted through the Speak Up ºÚÁϳԹÏ
  4. Is there an alternative to the formal process? Who gets to choose what kind of process there is?
    1. Not all reports submitted to the Office for Civil rights and Title IX are required to go through a formal investigation. In most cases the Office can offer informal resolution to reports upon request. Informal resolutions case take several forms including a documented conversation with the Respondent, or in some situations mediation, negotiated resolutions, or restorative justice may be offered.

While the Office will make every effort to adhere to the wishes of the Complainant it is ultimately up to the discretion of the Assistant Vice President for Civil Rights and Title IX Coordinator to determine what process will be utilized in a particular case. Informal resolutions involving mediation, negotiated resolutions, or restorative justice require the voluntary consent of all involved parties.

  1. What happens after a report has been received?
    1. After a report is received a staff member from the Office for Civil Rights and Title IX will conduct outreach to the impacted party offering resources and an opportunity to meet with the staff member to discuss resolution options. It is up to the impacted party to reply to the outreach attempt or to meet with the Office for Civil Rights and Title IX. In most cases if the impacted party chooses not to respond to outreach the report will be documented and the case closed. In rare cases the Office for Civil Rights and Title may be obligated to take additional action even if the impacted party does not wish to pursue action, in these circumstances the Office will communicate with the impacted party what actions will be pursued and it remains up to the impacted party to choose whether to participate.
  2. What is the timeline for an investigation? How long does it take?
    1. A variety of factors can impact the length of an investigation and each case will look different. While it is the goal of the Office for Civil Rights and Title IX to resolve all cases within 60-90 days of receiving a request for a formal process, some cases do take longer to resolve.
  3. Do I have to participate in the investigation process? What happens if I refuse?
    1. In the vast majority of cases if a Complainant does not wish to participate in a formal process then the College will explore informal resolution options or will simply document the report and close the case without further action. In some rare cases the College may be obligated to pursue action without the Complainant’s consent but it remains the Complainant’s right not to participate in these proceedings.

  1. How will I know a complaint has been filed against me?
    1. If a complaint is filed with the Office for Civil Rights and Title IX and the Complainant wishes for the College to take action, either formal or informal, then the Respondent will be invited to a meeting with a staff member from the Office. During this meeting the staff member will review the report with the Respondent and will explain what type of process has been requested. If a report is made to the Office for Civil Rights and Title IX but the Complainant has not requested any action be taken, then the College likely will not be communicating with the Respondent at all.
  2. How will I be able to tell my side of the story?
    1. In the case of a formal investigation the Office for Civil Rights and Title IX will conduct a thorough investigation into the allegations during which the Respondent will have ample opportunity to provide their account. Informal resolutions may also provide an opportunity for Respondent’s to voice their perspective, however as most informal resolutions will not end in a determination of responsibility it is the Respondent’s decision if and how much to share in an informal process.
  3. Do I need a lawyer?
    1. Parties are always entitled to a support person of their choice when involved in a case overseen by the Office for Civil Rights and Title IX. This support person may be an attorney hired at the party’s own expense but is not required to be an attorney. In formal Title IX cases which end in a live hearing, if a party does not have an advisor the college will provide an advisor trained to conduct cross examination for the hearing itself.
  4. If a complaint is filed against me, will you tell my family?
    1. The Office for Civil Rights and Title IX will not communicate with any individual other than the parties directly involved in the case unless the parties provide written consent to do so or an individual is offered up as a witness during an investigation.

  1. Am I a mandatory reporter? What is the responsibility of a mandatory reporter?
    1. If being a confidential resource is not a party of your job function, then you are a mandatory reporter. Mandatory reporters are obligated to report to the Office for Civil Rights and Title IX any time they receive information that another member of the ºÚÁÏ³Ô¹Ï community has experienced some form of discrimination or harassment, including sexual harm or related retaliation.
  2. What options are there for reporting?
    1. Reports may be submitted via the online report form located on the Office for Civil Rights and Title IX website. Reports may also be submitted via email or phone call to the Assistant Vice President for Civil Rights and Title IX or the Assistant Director for Civil Rights and Title IX. Mandatory reports may not be submitted using the anonymous reporting tool.
  3. What happens after a report has been received?
    1. After a report is submitted the Office for Civil Rights and Title IX will reach out to the impacted party to offer resources and extend an offer to meet with the party to discuss resolution options. It is the decision of the impacted party whether to engage in any communication back to the Office.

  1. How can I support a peer/colleague/student who is going through a process in the Office for Civil Rights and Title IX?
    1. Processes involving the Office for Civil Rights and Title IX can often be anxiety inducing and stressful for everyone involved. There are many ways that a friend or colleague may be able to support someone through this stressful process. This includes but is not limited to the following;
      1. Helping access resources: If someone is struggling to process an incident it can be beneficial for them to speak with a confidential resource such as the Counseling Center, the SARC, the ombudsperson, or the Chaplain about it. Additional off-campus resources are also available including the 24-hour service for students, and the for faculty and staff. Making sure your friend or colleague is aware of these resources and offering to accompany them to schedule an appointment may be a great way to show your support.
      2. Offer to serve as a witness if there is an investigation: Witnesses often serve an important role in our investigations. If you have relevant information related to an incident which may benefit an investigation, make sure that your friend or colleague is aware of the information you could share with investigators. Information that is most useful to investigators includes direct observations of an incident under investigation, observations of the Complainant and/or Respondent immediately before or after an incident, and “outcry witnesses” who are the first person(s) a party has shared information with after an incident occurs and can confirm that a party’s description of an incident has maintained consistency over time.
  • Offer to serve as a support person during meetings: Individuals meeting with the Office for Civil Rights and Title IX are always entitled to a support person of their choosing. One of the best ways to support someone in the process is to learn if they have a support person to accompany them to meetings, and if not offer to serve in this capacity if you are comfortable doing so or help them to identify someone else if you are not. It is important to understand that if a potential witness sits in on a conversation where a party shares their story it could impact the credibility of that witness. Therefore, it is recommended that if a party requests a potential witness to also serve as a support person, that the witness step out of the room while the party tells their story to avoid a future credibility concern.
  1. Learn about the Nondiscrimination, Anti-Harassment, and Title IX Sexual Harassment Policies and Procedures: Meetings with the Office for Civil Rights and Title IX typically entail staff sharing a lot of information with the party. Often due to the stress and anxiety an individual is under when meeting with staff from the Office they may not be able to fully process all of the information being provided to them. Gaining a strong understanding of the policies and procedures of the College can help to ensure that a friend or colleague are navigating processes in a way that is best for themselves.
  2. Listen and be present: Civil Rights and Title IX cases can often feel overwhelming and all-consuming for the individuals directly involved. Having someone to talk to about what is going on can be vital to the wellbeing of the individuals involved. Listening without judgement or intention to “solve” a problem is an important part of being a supportive friend or colleague though it is also important to recognize your own capacity.
  1. Will I be called to be a witness? Do I have to participate in the investigation process if I am a witness? What happens if I refuse?
    1. Individuals who may have direct first hand knowledge about an incident under investigation may be asked to participate in the investigation as a witness. As a witness an investigator will reach out to request your participation in an interview and may ask you to share any documents relevant to the case. Individuals are under no obligation to participate in an investigation as a witness if they do not wish to.

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