Title IX is a landmark federal civil right that prohibits sex discrimination in education. Sex discrimination includes gender discrimination, sexual harassment, sexual assault,
rape, stalking, dating violence and/or domestic violence.
Title IX does not apply to female students only. It applies to anyone who believes they are discriminated based on sex regardless
of their real or perceived sex, gender, gender identity, and/or gender express.
Mt. SAC must be proactive in ensuring that the campus is free of sex discrimination. The college is required to address any sex discrimination, sexual harassment or
sexual violence on campus to prevent it from affecting students, staff, and/or third
parties. If the college knows or reasonably should know about discrimination, harassment
or violence that is creating a hostile environment based on a protected category,
such as sex, it must act to eliminate it, to remedy the harm caused, and to prevent
its recurrence. The college may not discourage survivors from continuing their education
and/or employment, such as telling them to “take time off” or forcing them to quit
a team, club, class, or participation in college committees. Survivors of sex discrimination have the right to remain on campus and have every educational program and opportunity
available to them.
Mt. SAC has an established procedure for handling complaints of sexual discrimination,
harassment, and violence. Every college must have a Title IX Coordinator who manages complaints. The Coordinator for
Mt. SAC is Ryan Wilson who can be reached at (909) 274-5249. If you decide to file a complaint, the college
is required to investigate regardless of whether you report to the police. (Please
note that a police investigation may delay the college’s investigation if law enforcement
is gathering evidence). The college may not wait for the conclusion of a criminal
proceeding and may proceed with it's own investigation. Mt. SAC uses a “preponderance
of the evidence” standard to determine the outcome of a complaint, meaning it is more
likely than not that discrimination, harassment and/or violence occurred. If it is
decided that the allegations are not substantiated and the accused did not violate
a college policy or procedure, it does not mean that the incident did not occur, it
just means that there was not enough evidence for the panel to conclude that it is
more likely than not that it occurred. Likewise, if it is decided that the allegations
are substantiated and the accused did violate a college policy or procedure, it does
not mean that it definitely happened, it just means that the evidence establishes
that it is more likely than not that the incident occurred.
Mt. SAC can issue a mutual no contact directive under Title IX to prevent the accused
student, staff, and/or third party from approaching or interacting with a complainant.
Colleges can issue a mutual no contact directive under Title IX preventing either
party from directly, indirectly contacting, or interacting with each other. The Title
IX and EEO Programs office, Student Life Office, and/or Police and Campus Safety should
enforce such directives. This is not a court-issued restraining order, but Police
and Campus Safety can provide individuals with information on how to obtain such an
order.
Mt. SAC can assist victims and those accused with supportive measures to avoid sharing
spaces, such as classes or campus jobs. Along with issuing a mutual no contact directive, the college must ensure that any
reasonable changes to your class schedule, employment on campus, or extracurricular
activity and clubs are made to support your continued education and/or work environment
free from ongoing sex discrimination, sexual harassment or sexual violence. These
arrangements can occur without a formal complaint, investigation, hearing, or final
decision made regarding a complaint. It also can continue during and after the entire
process since you have a right to an education and/or work environment free of sex-based
discrimination, harassment or violence. Additionally, these supportive measures should
not limit your educational and/or employment opportunities.
Mt. SAC may not retaliate against someone filing a complaint, participating in an
investigation, or the accused and must make a reasonable effort to keep these parties
safe from other retaliatory harassment or behavior. The college must address complaints of sex discrimination, sexual harassment and sexual
violence. As part of this obligation, they can issue a mutual no contact directive
or make other supportive measures to reduce the likelihood of retaliation for any
complaint. Any retaliation can and should be reported to the Title IX Coordinator
since it is your right to be free from a hostile academic and/or work environment.
In an effort to ensure the safety of the entire campus community, Mt. SAC may conduct
a formal investigation into cases of sexual or physical violence. This may occur even when a complainant does not file a formal complaint.
