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Reporting Sex Discrimination, Sexual Harassment, and Sexual Misconduct
TITLE IX GRIEVANCE PROCEDURES
SECTION I – OVERVIEW
Passaic County Community College affirms its commitment to ensuring an environment for all students and employees that is fair, humane, and respectful. Every person is entitled to learn and work in an environment free from sex discrimination, sexual harassment, and sexual misconduct. It is the policy of Passaic County Community College that sex discrimination, sexual harassment, and sexual misconduct in any form will not be tolerated. Charges of sex discrimination, sexual harassment, and sexual misconduct will be treated seriously and pursued in accordance with established College procedures.
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex against any person in education programs and activities receiving federal funding. Programs or activities receiving federal financial assistance include virtually all public and private colleges and universities, and all public elementary and secondary schools. Sexual harassment, sex discrimination, and sexual misconduct are prohibited under PCCC Board Policy B108: Title IX: Sex Discrimination, Sexual Harassment, and Sexual Misconduct. (Appendix A).
1. GLOSSARY
A. Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
B. College and PCCC means Passaic County Community College.
C. Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment.
D. Complaint (formal)means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment.
E. Confidential Resource means an employee who is not a Mandated Reporter of notice of sexual harassment.
F. Day means a business day when PCCC is in normal operation.
G. Education program or activity means locations, events, or circumstances where PCCC exercises substantial control over both the Respondent and the context in which the sexual harassment occurs and also includes any building owned or controlled by a student organization that is officially recognized by PCCC.
H. Finding: A conclusion by a preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).
I. Grievance Process Pool includes any investigators, hearing officers, appeal officers, Advisors and any person who facilitates an informal resolution process and shall receive training as required by Title IX regulations.
J. Hearing Decision-maker or Panel refers to those who have decision-making and sanctioning authority within PCCC’s Formal Grievance process.
K. Investigator means the person or persons charged by PCCC with gathering facts about an alleged violation of this Procedure, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
L. Noticemeans that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence ofsexually harassingconduct.
M. Official with Authority (OWA) means an employee of PCCC explicitly vested with the responsibility to implement corrective measures for sexual harassment on behalf of PCCC. (See List of OWA in Appendix B).
N. Parties include the Complainant(s) and Respondent(s), collectively.
O. Relevant Evidence is evidence that tends to prove or disprove an issue in the complaint.
P. Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to PCCC’s educational program.
Q. Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sex discrimination or sexual harassment.
R. Resolution means the result of an informal or Formal Grievance Process.
S. Sanction means a consequence imposed by PCCC on a Respondent who is found to have committed an act of sexual harassment.
T. Sexual Harassment is the umbrella category comprising the offenses of sexual harassment, sexual assault, stalking, dating violence and domestic violence. (See Section I Paragraph 11 B).
U. Title IX Coordinator is the official designated by PCCC to ensure compliance with Title IX. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks. All references to the Title IX Coordinator shall include the Deputy Title IX Coordinator who shall act when the Title IX Coordinator has a conflict of interest or is otherwise unavailable.
V. Title IX Team refers to the Title IX Coordinator, any Deputy Coordinators and any member of the Title IX Grievance Process Pool.
2. RATIONAL for PROCEDURE
This Formal Grievance Procedure is intended to comply with Title IX Rules and PCCC Board of Trustees Policy B108: Title IX: Sex Discrimination, Sexual Harassment, and Sexual Misconduct
3. TITLE IX COORDINATOR
The Associate Vice President for Human Resources serves as the Title IX Coordinator and oversees implementation and compliance with PCCC’s policies on sexual harassment. The Title IX Coordinator has the primary responsibility for coordinating PCCC’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent sexual harassment prohibited under these procedures. The Dean of Student Affairs and Services serves as the Deputy Title IX Coordinator.
4. INDEPENDENCE and CONFLICT-of-INTEREST
The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.
5. NOTICES/COMPLAINTS of SEXUAL HARASSMENT – ADMINISTRATIVE CONTACT INFORMATION
Notice or complaints of sexual harassment may be made using any of the following options:
A. File a complaint with, or give verbal notice to, the Title IX Coordinator or Deputy Title IX Coordinator:
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José A. Fernández |
Leah Brown-Johnson, PhD |
Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator, Deputy Title IX Coordinator or any other Official with Authority in Appendix B.
Inquiries about or concerns regarding Title IX policy and procedures can be made to the Title IX Coordinator. Inquiries may also be made to:
Office for Civil Rights (OCR)
U.S. Department of Education
32 Old Slip Road, 26th floor
New York, NY 10005-2500
Telephone: (646) 428 -3900
Facsimile: (646) 428 -3843
TDD#: (800) 877-8339
Email: OCR.NewYork@ed.gov
6. SUPPORTIVE MEASURES
PCCC will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve access to PCCC’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter harassment, discrimination, and/or retaliation.
The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, PCCC will inform the Complainant, in writing, that they may file a formal complaint with PCCC either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the parties with respect to the supportive measures that are planned and implemented.
PCCC will maintain the confidentiality of the supportive measures to the extent possible, provided that privacy does not impair PCCC’s ability to provide the supportive measures. PCCC will act to ensure as minimal an academic/occupational impact on the parties as possible. PCCC will implement measures in a way that does not unreasonably burden the other party.
7. EMERGENCY REMOVAL and CONTESTING NO CONTACT ORDERS/SUPPORTIVE MEASURES
PCCC can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. At the request of the Title IX Coordinator, this risk analysis is performed by the College Behavioral Intervention Team [CBIT] using its standard objective violence risk assessment procedures.
In all cases in which an emergency removal is imposed, the student will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified.
This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested within one day from receipt of notice, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so.
A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.
The Title IX Coordinator has sole discretion under this procedure to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion or termination.
PCCC will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: removing a student from a course, temporarily re-assigning an employee, restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics.
At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.
Where the Respondent is an employee, existing provisions for interim action are applicable.
Both Respondent and the Complainant will, upon request and consistent with PCCC policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and will be allowed to submit evidence in support of this request.
Both the Respondent and the Complainant, upon request and consistent with PCCC policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any supportive measure that directly affects a party, and will be allowed to submit evidence in support of this request.
8. PROMPTNESS
All allegations are acted upon promptly by PCCC once it has received notice or a formal complaint. Complaints can take 90 days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but PCCC will avoid all undue delays within its control.
Any time the general timeframes for resolution outlined in PCCC procedures will be delayed, PCCC will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
PCCC’s resolution process will run concurrently with any criminal justice investigation and proceeding, except for temporary delays as requested by law enforcement while it gathers evidence. Temporary delays should not last more than three days except when law enforcement specifically requests and justifies a longer delay.
9. JURISDICTION
These procedures apply to the education program and activities of PCCC, to conduct that takes place on the campus or on property owned or controlled by PCCC, at PCCC-sponsored events, or in buildings owned or controlled by PCCC’s recognized student organizations. The Respondent must be a member of PCCC’s community in order for its policies to apply.
This procedure can also be applicable to the effects of off-campus misconduct that effectively deprive someone of access to PCCC’s educational program. PCCC may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial PCCC interest.
Regardless of where the conduct occurred, PCCC will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity.
If the Respondent is unknown or is not a member of the PCCC community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local law enforcement if the individual would like to file a police report.
In addition, PCCC may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from PCCC property and/or events
10. TIME LIMITS on REPORTING
There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject toPCCC’sjurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.
11. SEX DISCRIMINATION and SEXUAL HARASSMENT
Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discrimination based on sex including sexual harassment. PCCC’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.
The paragraphs below describe the specific forms of legally prohibited harassment that are also prohibited under PCCC policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of PCCC policy, though supportive measures will be offered to those impacted. All policies encompass actual and/or attempted offenses.
A. Sex Discrimination
Pursuant to law under Title IX and PCCC policy, no member of the PCCC community shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity of the College.
When a member of the PCCC community is denied the benefits of, or is subject to discrimination under any education program or activity of the College because of sex, PCCC may also impose sanctions on the Respondent through application of the grievance process below.
When offensive conduct and/or harassment that 1) does not rise to the level of sex discrimination under Title IX and the regulations promulgated thereunder, or 2) that is of a generic nature and not based on a protected status, PCCC will respond pursuant to procedures contained in the current student code of conduct and applicable employment policies.
B. Sexual Harassment
The Department of Education’s Office for Civil Rights (OCR) regards Sexual Harassment as a specific form of unlawful sex discrimination under Title IX and the regulations thereunder.
Title IX regulations define Sexual Harassment as conduct on the basis of sex that encompasses one or more of the following:
12. RETALIATION
Any person who participates in the Title IX reporting and investigation process, either as a complainant, respondent, witness, or other party, may do so without fear of retaliation. Retaliation by any College employee or student is prohibited and grounds for disciplinary action pursuant to the grievance procedure set forth herein. Individuals found responsible for retaliation shall be sanctioned in accordance with Section II Paragraph 30.
13. WHEN a COMPLAINANT DOES NOT WISH to PROCEED
If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make a written request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law. If there is a verbal request, the same will be confirmed in writing and delivered via email, hand delivery and/or regular mail by the Title IX Coordinator.
The Title IX Coordinator has discretion to sign a formal complaint where doing so is not clearly unreasonable in light of the known circumstances. The Title IX Coordinator may consider a variety of factors, including a pattern of alleged misconduct by a particular respondent, in deciding whether to sign a formal complaint. Title IX Coordinator’s decision to sign a formal complaint may occur only after the Title IX Coordinator has promptly contacted the complainant (i.e., the person alleged to have been victimized by sexual harassment) to discuss availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, and explain to the complainant the process for filing a formal complaint. Thus, the Title IX Coordinator’s decision to sign a formal complaint includes taking into account the complainant’s wishes regarding how the recipient should respond to the complainant’s allegations.
One of the factors in the Title IX Coordinator’s decision will be the results of the violence risk assessment completed by the College Behavioral Intervention Team (CBIT) that shows a compelling risk to health and/or safety such as patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence and requires PCCC to pursue formal action to protect the community. PCCC may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.
The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and PCCC’s ability to pursue a Formal Grievance Process fairly and effectively.
When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy.
When PCCC proceeds with an investigation, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may, with the Complainant’s written consent, act as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence or testimony.
Note that PCCC’s ability to remedy and respond to notice may be limited if the Complainant does not want PCCC to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the College’s obligation to protect its community.
In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow the College to honor that request, PCCC will offer supportive measures to the Complainant and the community, but will not otherwise pursue formal action.
If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by PCCC, and to have the incidents investigated and properly resolved through these procedures. Please consider that delays may cause limitations on access to evidence, or present issues with respect to the status of the parties.
14. FALSE ALLEGATIONS and EVIDENCE
Deliberately false and/or malicious accusations under these procedures are a serious offense and will subject the individual to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.
Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline.
15. AMNESTY for COMPLAINANTS and WITNESSES
The College encourages reporting and seeks to remove any barriers to reporting by making the reporting procedure transparent and straightforward. PCCC recognizes that an individual, particularly a student, who has been drinking or using drugs at the time of the incident, may be reluctant to make a report of sexual misconduct or harassment for fear of being charged with other college policy violations. An individual who reports sexual misconduct either as a complainant or a third party witness, will not be subject to disciplinary action by the College for his/her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.
16. IMMEDIATE ASSISTANCE for a VICTIM of SEXUAL ASSAULT or VIOLENCE
An individual who has been the victim of a crime, such as sexual assault or violence, is encouraged to get to a safe place and contact 911 or PCCC Public Safety (973-684-5403) immediately. Even if the individual does not wish to report the criminal conduct to the College or to local law enforcement they should still consider going to a hospital, both for their own health and well-being and so that evidence can be collected and preserved.
A victim should not shower, bathe, douche, brush their teeth, drink or change clothing, as evidence may be destroyed that will be needed in the event the crime is prosecuted. Medical providers may also facilitate and provide the following: (1) Emergency or follow-up medical services. The medical examination has two goals: first, to treat the full extent of any injury or physical trauma and to consider the possibilities of sexually transmitted disease or pregnancy; and second, to collect and preserve evidence as part of a “rape kit” or sexual assault examination for potential use in a criminal prosecution (provided only by a trained professional in a hospital) (2) HIV and STD testing and (3) Pregnancy testing. Any evidence collected will be critically important should the individual decide to make an official report at a later time.
Upon receiving a report of sexual misconduct, the College will provide the victim with a list of resources:
A. PCCC Center for Violence Prevention: 973-684-8093
B. Passaic County Women’s Center: 973-881-1450;
C. Passaic County Prosecutor’s Office Sexual Assault Response Team (SART) and the Sexual Assault Nurse Examiner (SANE): 973- 881-4800;
D. New Jersey Domestic Violence Hotline: 800-572-SAFE; or
E. National Domestic Violence Hotline: 800-799-SAFE.
SECTION II - RESOLUTION PROCESS
FOR ALLEGED VIOLATIONS OF THE POLICY ON
SEXUAL HARASSMENT UNDER TITLE IX
1. OVERVIEW
PCCC will act on any formal or informal notice/complaint of violation of the policy on Sexual Harassment under Title IX (“the Policy”) that is received by the Title IX Coordinator or any other Official with Authority by applying these procedures.
The procedures below apply only to qualifying allegations of sexual harassment (as defined in the Section I Paragraph 1-Glossary and Section I Paragraph 11.B - Sexual Harassment) and retaliation (as described in Section I Paragraph 12 above) involving students, staff, administrators, faculty members or third parties.
All other allegations of misconduct unrelated to incidents covered by the Title IX Sexual Harassment Policy (B108 - Title IX: Sex Discrimination, Sexual Harassment, and Sexual Misconduct) herein will be addressed through procedures described in PCCC policies affecting students, staff, administrators, faculty members or third parties.
2. NOTICE/COMPLAINT
Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the Policy, the Title IX Coordinator initiates a prompt initial assessment to determine the next steps that PCCC needs to take and will initiate at least one of the following responses:
A. Offering supportive measures; and/or
B. An informal resolution (upon submission of a formal complaint); and/or
C. A Formal Grievance Process including an investigation and a hearing (upon submission of a formal complaint).
PCCC uses the Formal Grievance Process to determine whether or not the Title IX Policy has been violated. If the Title IX Policy has been violated, PCCC will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to sexual harassment their potential recurrence, or their effects.
3. INITIAL ASSESSMENT
Following receipt of notice or a complaint of an alleged violation of this Policy, the Title IX Coordinator engages in an initial assessment, typically within one to five days. The steps in an initial assessment can include:
A. If notice is given, the Title IX Coordinator seeks to determine if the person impacted wishes to make a formal complaint, and will
