Table of Contents:
Title IX Explained
Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106, protects people from discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX states that:
“No person in the United States 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 receiving Federal financial assistance.”
20 U.S.C. § 1681. The Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination that are covered under Title IX include recruitment, admissions, and counseling, financial assistance, athletics, sex-based harassment, treatment of pregnant and parenting students, discipline, single-sex education, and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX.
To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights, with headquarters in Washington, DC, and 12 offices across the United States.
Title IX Compliance at Zane State College
Zane State College strongly opposes and will not tolerate any form of harassment or discrimination, on the basis of age, color, disability, national origin, race, religion, sex, sexual orientation, gender identity, military status, or veteran status. This prohibition extends to discrimination or harassment based on the protected classes and includes the creation of an intimidating, hostile, or offensive working or learning environment. The College will take immediate steps to investigate and take appropriate corrective measures to ensure this policy is enforced.
At Zane State College, the Office of Human Resources is the College’s designated office for ensuring Title IX compliance.
When to Contact a Title IX Coordinator
Any person who believes he or she has been a victim of discrimination or harassment is strongly encouraged to pursue relief by reporting the behavior to the appropriate individual(s). Reports can be made directly to the Title IX Coordinator or the Deputy Title IX Coordinator(s). The Chief Human Resource Officer serves as the Title IX Coordinator. Alternatively, a victim may report the behavior to any College faculty or staff member.
How to File a Title IX Complaint
To file a Title IX complaint, please click HERE.
Complainants are encouraged to report such behavior within 60 calendar days of the alleged discrimination. Reports may be made directly to:
Note Regarding Confidentiality: The Title IX Coordinator and Deputy Title IX Coordinator(s) are NOT CONFIDENTIAL resources for purposes of reporting and support. Both have a duty to report and investigate valid complaints. While they will address your concerns with sensitivity and will limit the disclosure of personal information as much as possible, confidentiality cannot and will not be guaranteed.
Title IX Coordinator
The Title IX Coordinator is the designated college official with primary responsibility for coordinating the College’s compliance with Title IX. This includes providing leadership for Title IX activities; providing consultation, education and training; and helping to ensure the College responds appropriately, effectively and equitably to Title IX issues.
Title IX Deputy Coordinators
The Title IX Deputy Coordinator reports to and receives administrative supervision from the Title IX Coordinator and functions independently within the guidelines of Zane State College’s personnel policies and regulations and exercises considerable judgement and initiatives in planning, organizing, and completing reports.
Zane State College’s Title IX Process
The following outlines and summarizes the College’s policies and procedures. However, for the complete official policy, and procedures, including definitions please refer to policy 300.29 – Sexual Harassment The policy will contain important information such as definitions of terms and rules. For example, what is stalking and what is the preponderance of evidence burden of proof.
Intake or Receipt of Complaint:
To file a report, please click HERE.
During an informal or formal investigation:
All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.
All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.
Following the Investigation:
After all information and evidence is objectively gathered and analyzed, a written summary/report will be forwarded to the President of the College. Before imposition of discipline, the accused will be given notice of the charges against him or her and provided an opportunity to respond to the allegations and to present a defense in accordance with other relevant College policies and, when applicable, the Student Code of Conduct. The student disciplinary process is also presented in the Student Code of Conduct. If possible, each party (claimant and respondent) will have 10- days to review a draft report. Following an evidence review, identify whether a Hearing is necessary.
The notice will contain the following:
Hearings for possible violations that occur near or after the end of an academic term and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the College and remain within the 60-90 business day goal for resolution. In these cases, if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter is fully resolved (including any appeal).
Decision Making and Standard of Proof (Determination of Responsibility)
The Decision-maker will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. If a panel is used, a simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used.
When there is a finding of responsibility on one or more of the allegations, the Decision-maker may then consider the previously submitted party impact statements in determining appropriate sanction(s).
The Chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Decision-maker may – at their discretion – consider the statements, but they are not binding.
The Decision-maker will review the statements and any pertinent conduct history provided by the appropriate administrator] and will determine the appropriate sanction(s) in consultation with other appropriate administrators, as required.
The Chair will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments, and any sanctions or recommendations.
This report must be submitted to the Title IX Coordinator within two (2) business days of the end of deliberations, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.
Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the Title IX Coordinator with seven (7) days of the delivery of the Notice of Outcome. A three-member appeal panel will be designated by the Title IX Coordinator or a single Appeal Decision-maker will Chair the appeal. No appeal panelists or Decision-maker will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.
The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (A Review for Standing). This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.
Title IX Training Materials
As required by the final Title IX Rule, released in May 2020, all materials used to train Title IX personnel must be made publicly available on its website. The training materials follow:
Faculty & Staff Training Material
Title IX Coordinator, Deputy Coordinator(s), and Investigator Training