Title IX Sexual Harassment Policy

This policy was posted for public comment from March 31 – April 15, 2025

Responses

General Comments

We need to add the new Investigation Procedures Guide for Title IX.

The investigation guide link is updated.

Adding a timeline chart and flow chart could make the policy easier to understand, as there are many dates and steps involved.

This may be a secondary guidance document developed in the future, but will not be included in policy.

Definitions (section 3)

Multiple comments about the definitions of Sexual Harassment.

No changes made to the definition; this definition is inclusive as required by Title IX. The elements of the definitions suggested by commenters are included, such as for the aid, benefit, or service (quid pro quo); so severe and pervasive and objectively offensive (hostile environment); and VAWA. The policy definition is all-encompassing of the legal requirements and is written in plain, ascertainable language.

Multiple comments about the definition of Stalking. 1) For this section, I am confused that the conduct would be based on sex. Stalking can and does involve not distinguishing with regard to the sex of the person. The way I am reading this section, it would apply if the Stalker were of the opposite sex of the victim. Maybe I am missing something. 2) The definition of stalking is helpful, but not in the standardized form used in SLCC’s policy.

We removed “on the basis of sex” from the definition.

Consider embedding definitions for supportive measures, complainant, respondent, and confidential employee, as these terms are defined in the Personnel Definitions document.

We are continuing to include these definitions in the Personnel Definitions to be consistent with other PWC policies.

Procedures (Section 4)

4.A – This section is confusing. Providing explanations or examples of what constitutes sexual harassment versus sexual discrimination or misconduct could help. Also, referencing the Anti-Discrimination and Harassment policy for lesser offenses might be prudent.

Examples are not included in the policy because they can be limiting. EO complaints related to the Anti-Discrimination and Harassment policy are not lesser offenses, but involve a different subject matter entirely. If a complaint is made to the Title IX office that may be better resolved by the EO office, that Complaint is referred to EO.

4.B. Confidentiality – Sections 4.B.2 and 4.B.4 are contradictory. Section 4.B.4 requires all employees to report sexual harassment to the Title IX office, while Section 4.B.2 only encourages it. The committee unanimously opposed the requirement that all employees must report sexual harassment. Reasoning: 1) It devalues the victim or sexual harassment and potentially empower the harassment; 2)There is no legal requirement that all employees be obligated to report sexual harassment; 3) It conflicts with SLCC’s mandatory sexual harassment training which states that the victim should report the sexual harassment and not the co-workers; and 4) While supervisors are currently the only employees required to report sexual harassment, expanding it to all employees will create potential liability issues for the college because most employees will not report sexual harassment to the Title IX office.

We reverted the language in 4.B.4 to encourage, as currently in approved policy, and broadened to supervisors and faculty as required reporters, which is consistent with every other USHE institution.

4.D.1 – There should be a link to the online reporting form in a manner like the Anti-Discrimination and Harassment policy section 4.D.2.a.

A link will be embedded.

4.F.1 – There should be a definition for Confidential Employee. There is a definition in the Personnel Definitions document.

The definitions include and cite to the personnel definitions, so this is included. No changes.

4.F.2 – Consider adding contact information for the Center for Health and Counseling and EAP program to provide counseling to students and employees. Also, while CHC staff are confidential employees, what about EAP counselors? Should that be addressed?

We do not have control over third parties, such as contracted EAP counselors. Supportive measures, which may include counseling, are provided.

4.G.1.c – When a complainant does not want to submit a complaint or has not submitted a complaint, add a requirement that the Title IX coordinator must collectively consult with the Senior Director, Dean of Students, Employee Relations and Legal Counsel within 10 days to determine whether to initiate a Title IX complaint.

This requirement is included in the Title IX Investigation Procedure (4.J.2).

4.H.1 – Add a second sentence which states, “if an individual’s formal complaint does not meet the definition of sexual harassment, the college may investigate the complaint under the Anti-Discrimination and Harassment policy or other college policy.”

Response needed. This is not correct. The EO office makes determinations on whether complaints need to be investigated by their office. When a complaint does not fit Title IX, there is a requirement that Title IX consults with other college offices to determine where the complaint should be referred. (4.J.2).

4.I.3.b(2) – revise this section to state,” the Title IX Coordinator, in their sole discretion, determines that informal resolution would not be appropriate under the circumstances.”

No changes made.

4.J.1 references the Investigation Procedures Guide. In that Guide, section II.a states the “Title IX coordinator will use best efforts to assign two investigators of gender identities. . .” This is not discretionary; we must use two investigators, and one must be male and one must be female. We don’t have any male Title IX investigators at the current time. The 2024 Title IX regulations only required one investigator, but there is a preliminary injunction on those regulations.

Two investigators of different genders is not required by the 2020 Regulations. Two investigators are required, but the gender of the investigators is not prescribed, as that would be discriminatory.

4.J.2 – While currently required by college policy, this practice has been discontinued and should be resumed. It worked very well and created a balanced approach in evaluating Title IX when a formal complaint should be filed.

This practice regularly occurs.

4.K – The current policy has numerous subsections and is 4-1/2 pages long. The draft attempts to divide Section K into three separate sections (K, L, and M), but the flow is not good, and the headings for sections 4.L and 4.M are long sentences, which is not an appropriate format.

Thank you, no changes made.

4.K.4.b and c – Advisors and Personal Representatives. The college needs to work with the Faculty Association and Staff Association to train employees to function as Advisors and Personal Representatives. The college is deficient in the number of advisors and personal representatives that it has.

Thank you, no changes made.

4.L.3.f – Replace this section with the following language: “The hearing officer has the authority to determine whether questions are relevant and appropriate. The hearing officer’s decision is final.” This makes more sense than the way section 4.L.3.f is currently worded.

The statute requires that the hearing officer determine whether a question is relevant prior to it being answered.

Comments

We need to add the new Investigation Procedures Guide for Title IX.
I don't believe the definition of sexual harassment is complete. I have seen complete versions elsewhere, like this one, for example. "any unwelcome sexual conduct, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Title IX also prohibits sex-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature."
C. For this policy, stalking is defined as: 1. engaging in a course of conduct, on the basis of sex, For this section, I am confused that the conduct would be based on sex. Stalking can and does involve not distinguish with regards to the sex of the person. The way I am reading this section, it would apply if the Stalker was of the opposite sex of the victim. Maybe I am missing something.
1. Policy a. The first sentence in the policy statement might be unnecessary. Consider deleting it and starting with the second sentence b. Adding a timeline chart and flow chart could make the policy easier to understand, as there are many dates and steps involved. 2. References a. No comments. 3. Definitions a. Section 3.B-. The sexual harassment definition, particularly as set forth in the Supreme Court case Davis v. Monroe County, is not understood by most of the SLCC Community including leadership. While the definition is accurate, clarify the three types of sexual harassment and outline the four required elements of Hostile environment harassment or Monroe v. Davis County ruling.. 1. Quid pro quo behavior; (I’ll promote you if you have sex with me.) 2. Violence Against Women’s Act offense (sexual violence, dating violence, domestic violence, and stalking 3. Hostile Environment a. Unwanted sexual conduct; b. Objectively offensive behavior c. Severe and pervasive behavior; and d. That interferes with someone’s access to a college program or activity. • The definition of sexual harassment, particularly from the Supreme Court case Davis v. Monroe County, is not well understood by most of the SLCC Community. Clarifying the three types of sexual harassment and outlining the four required elements of Hostile environment harassment could help. • The definition of stalking is helpful but not in the standardized form used in SLCC’s policy. • Consider embedding definitions for supportive measures, complainant, respondent, and confidential employee, as these terms are defined in the Personnel Definitions document. 4. Procedures a. Section 4.A-Applicability This section is confusing. Providing explanations or examples of what constitutes sexual harassment versus sexual discrimination or misconduct could help. Also, referencing the Anti-Discrimination and Harassment policy for lesser offenses might be prudent b. Section 4.B-Confidentiality 1. Sections 4.B.2 and 4.B.4 are contradictory. Section 4.B.4 requires all employees to report sexual harassment to the Title IX office, while section 4.B.2 only encourages it. The committee unanimously opposed the requirement that all employees must report sexual harassment. Among the reasons for the Committee’s opposition are as follows: a. It devalues the victim or sexual harassment and potentially empower the harassment. b. There is no legal requirement that all employees be obligated to report sexual harassment. c. It conflicts with SLCC’s mandatory sexual harassment training which states that the victim should report the sexual harassment and not the co-workers. d. While supervisors are currently the only employees required to report sexual harassment, expanding it to all employees will create potential liability issues for the college because most employees will not report sexual harassment to the Title IX office. The Committee strongly opposed this requirement. c. Section 4.D-Reporting Sexual Harassment 1. Section 4.D.1-There should be a link to the online reporting form in a manner like the Anti-Discrimination and Harassment policy section 4.D.2.a. d. Section 4.E- Supervisors 1. Section 4.E-This section requires Supervisors to report sexual harassment. The college has had several investigation findings where a senior leader failed to report a discrimination or sexual harassment complaint. This responsibility should be emphasized in Supervisor Training sessions. e. Section 4.F. Confidential Employees- There should be a definition for Confidential Employee, which is available in the Personnel Definitions document. Additionally, consider adding contact information for the Center for Health and Counseling and the EAP program. 1. Section 4.F.1-Confidental Employees-There should be a definition for Confidential Employee. There is definition in the Personnel Definitions document. 2. Section 4.F.2-Consider adding contact information for the Center for Health and Counseling and EAP program to provide counseling to students and employees. Also, while CHC staff are confidential employees, what about EAP counselors. Should that be addressed? f. Section 4.G-Determination of the Appropriate Resolution Process 1. Section 4.G.1.c-When a complainant does not want to submit a complaint or has not submitted a complaint, add a requirement that the Title IX coordinator must collectively consult with the Senior Director, Dean of Students, Employee Relations and Legal Counsel within 10 days to determine whether to initiate a Title IX complaint. g. Section 4.H-Filing a Title IX Sexual Harassment Formal Complaint 1. Section 4.H.1- Add a second sentence which states, “if an individual’s formal complaint does not meet the definition of sexual harassment, the college may investigate the complaint under the Anti-Discrimination and Harassment policy or other college policy.” h. Section 4.I-Optional Informal Resolution Process 1. Section 4.I.3.b(2)-revise this section to state,” the Title IX Coordinator, in their sole discretion, determines that informal resolution would not be appropriate under the circumstances.” i. Section 4.J-Title IX Sexual Harassment Procedure 1. Section 4.J.1 references the Investigation Procedures Guide. In that Guide, section II.a states the “Title IX coordinator will use best efforts to assign two investigators of gender identities. . .” This is not discretionary; we must use two investigators, and one must be male, and one must be female. We don’t have any male Title IX investigators at the current time. The 2024 Title IX regulations only required one investigator, but there is a preliminary injunction on those regulations. 3. Section 4.J.2-While currently required by college policy, this practice has been discontinued and should be resumed. It worked very well and created a balanced approach in evaluating Title IX when a formal complaint should be filed. j. Section 4.K-Hearings to Determine Responsibility for Sexual Harassment 1. Section K The current policy has numerous subsections and is 4-1/2 pages long. The draft attempts to divide Section K into three separate sections (K, L, and M), but the flow is not good, and the headings for sections 4.L and 4.M are long sentences, which is not appropriate format. 2. Section 4.K.4.b and c-Advisors and Personal Representatives. The college needs to work with the Faculty Association and Staff Association to train employees to function as Advisors and Personal Representatives. The college is deficient in the number of advisors and personal representatives that it has. k. Section 4.L 1. Section 4.L.3.f-Replace this section with the following language: “The hearing officer has the authority to determine whether questions are relevant and appropriate. The hearing officer’s decision is final.” This makes more sense than the way section 4.L.3.f is currently worded. 2. Hearings to Determine Responsibility for Sexual Harassment: Section K: The current policy has numerous subsections and is 4-1/2 pages long. The draft attempts to divide Section K into three separate sections (K, L, and M), but the flow is not good, and the headings for sections 4.L and 4.M are long sentences, which is not appropriate format.

SLCC Policies and Procedures