Who does Title IX apply to?

Title IX protects everyone, including students, college and District staff and faculty, applicants for admission or employment, and others such as vendors, contractors, and consultants. Title IX protects everyone regardless of sex/gender, sexual orientation, part-time or full-time status, disability, or national origin.

 

Does Title IX apply only to athletics?

Although it is the application of Title IX to athletics that has gained the greatest public visibility, the law applies to every single aspect of education, including course offerings, counseling and counseling materials, admissions, financial assistance, student health and insurance benefits and/or other services, marital and parental status of students, physical education and athletics, education programs and activities, and employment.

 

What is the purpose of Title IX as it relates to sexual misconduct?

Title IX is about eliminating threatening or abusive behavior, preventing the recurrence of these behaviors, and addressing the effects through support and resources.  Title IX is about creating an equitable system for adjudicating cases and, ultimately, creating a community where sexual misconduct will not be tolerated so that all community members can thrive.

 

What is Sexual and Gender-Based misconduct?

Sexual and Gender-Based misconduct includes a broad range of unwelcome behaviors focused on Sex and/or gender that may or may not be sexual in nature.  Sexual and Gender-Based misconduct encompasses sexual harassment, sexual assault, sexual exploitation, stalking, domestic violence, dating violence, intimidation, or for retaliation following an incident where an alleged Sexual and Gender-Based misconduct has occurred.

 

What constitutes sexual violence and sexual harassment?

Sexual violence is when someone forces or manipulates someone else into unwanted sexual activity without their consent. Sexual violence can include: rape or sexual assault, child sexual assault and incest, intimate partner sexual assault, unwanted sexual contact/touching, sexual exploitation, showing one’s genitals or naked body to other(s) without consent, masturbating in public, watching someone in a private act without their knowledge or permission.

Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace or learning environment. Sexual harassment can include: making conditions of employment or advancement dependent on sexual favors, either explicitly or implicitly; requests for sexual favors; verbal harassment of a sexual nature, including jokes referring to sexual acts or sexual orientation; unwanted touching or physical contact, unwelcome sexual advances.; discussing sexual relations/stories/fantasies at work, school, or in other inappropriate places; feeling pressured to engage with someone sexually; unwanted sexually explicit photos, emails, or text messages.

 

Is my report confidential?

The privacy of all parties to a complaint of gender-based discrimination and sexual misconduct must be respected, except insofar as it interferes with the District’s obligation to fully investigate allegations of sexual misconduct. Where privacy it not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the complainant or the accused/responding party may lead to conduct action by the District.

In all complaints of gender-based discrimination and sexual misconduct, all parties will be informed of the outcome. In some instances, the administration also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the alleged victim. Certain District or College officials are informed of the outcome within the bounds of student privacy. The District must also statistically report the occurrence of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

 

Will the responding party (accused) know my identity if I report?

Yes, if you file a formal complaint and identify the responding party (accused). Sexual misconduct is a serious offense and the responding party has the right to know the identity of the complainant. During a live hearing, the District or College can provide reasonable accommodations for the complainant and respondent so they do not come into direct contact with one another.

 

Will my parents be told?

Whether you are the Complainant or the Respondent, the District’s primary relationship is to the student and not to the parent. District and College administrators will directly inform parents when requested to do so by a student, in a life-threatening situation, or when required to do so by law. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents.

 

What can I expect if I am interviewed?

During the interview, the investigator will:

  • Ask you questions related to the complaint

  • Listen

  • Take notes

  • Ask you for the names of any other individuals who may have information or knowledge of the situation and about what happened

  • Provide you an opportunity to present information and material related to the situation and about what happened

  • Request that you keep the information you share with the investigator confidential while the investigation is happening. This request is made to protect the integrity of the investigation process, and to protect parties against allegations of retaliation

Remember, the investigator determines if, based on the information available, if it is more likely than not a violation of District or College policy occurred. Another administrator, in consultation with the Title IX Coordinator, and the Hearing Officer, assigns sanctions if appropriate.

 

Will the use of drugs or alcohol affect the outcome of a complaint?

The use of alcohol and/or drugs by either party will not diminish the responding party’s responsibility. On the other hand, alcohol and/or drug use is likely to affect the Complainant’s memory and, therefore, may affect the outcome of the complaint. A person bringing a complaint of sexual and gender-based misconduct must either remember the alleged incident or have sufficient circumstantial evidence, physical evidence and/or witnesses to prove his/her/their complaint. If the complainant does not remember the circumstances of the alleged incident, it may not be possible to impose sanctions on the Respondent without further corroborating information. Use of alcohol and/or other drugs will never excuse a violation by a Respondent.

 

Where is the District’s Annual Campus Security Report Located?

Cuesta publishes an annual report in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 (“Clery Act”), 20 U.S.C. § 1092(f), Title 34 U.S. Code of Federal Regulations Section 668.46, and the California Education Code Sections 67380-67385. This report includes important information about safety and security policies implemented to protect the welfare of our campus community, as well as crime statistics for all of the campuses and centers within the District.

Please visit the Public Safety website for more information and to access the report: https://www.cuesta.edu/about/depts/publicsafety/clery_act.html