Welcome to Coconino Community College Title IX

Title IX of the Education Amendments Act of 1972 is the federal anti-discrimination law that states “No person in the U.S. 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."

Northern Arizona Center Against Sexual Assault (NACASA)

NACASA is a rape crisis center providing 24 hour availability for medical forensic examination. They also offer medical and behavioral follow up for patients. They are staffed by nurses and doctors trained in medical forensics for sexual assault.

24 Hour Crisis Line

928-527-1900 or 1-877-634-2723

Victim/Witness Services of Coconino County (VWS)

VWS provides outreach, advocacy and support services to Coconino County residents during high crisis situations through holistic and wrap around services that include: 24/7 crisis response, criminal justice court advocacy, case management, after-care and education.

• 201 E. Birch Ave., Ste. 4
• Flagstaff, AZ 86001
• Phone: 928-679-7770
• This email address is being protected from spambots. You need JavaScript enabled to view it.

Coconino County Sheriff’s Department

• 911 E. Sawmill Rd.
• Flagstaff, AZ 86001
• Phone: 928-774-4523

Flagstaff Police Department

• 911 W. Sawmill Rd.
• Flagstaff, AZ 86001
• Phone (non-emergency): 928-774-1414

Page Police Department

• 808 Coppermine Road
• Page, AZ 86040
• Phone (non-emergency): 928-645-2461 

Notice or complaints of discrimination, harassment, and/or retaliation in violation of this Policy may be made using any of the following options:

1. File a complaint with, or give verbal notice to, the Title IX Coordinator or an Official with Authority. 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 or any other official listed. The Title IX Coordinator and Deputy Title IX Coordinators can be found on this page under the “Who To Contact” tab. It is the responsibility of the Title IX Coordinator at CCC to ensure this list is up to date with correct information.
    
2. Report online, using the CARE Team reporting form on the CARE page. Anonymous reports are accepted and can give rise to a need to investigate. CCC tries to provide supportive measures to all Complainants, which is impossible with an anonymous report when the name of the Complainant is not shared in the report. Since anonymous reporting carries no obligation to initiate a formal response and since CCC respects a Complainant’s requests to dismiss complaints, unless there is a compelling threat to health and/or safety.

A formal complaint is a document filed and signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that CCC investigate the allegation(s). A complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information in the section immediately above, or as described in this section. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by CCC) that contains the Complainant’s physical or digital signature, which can include the Complainant’s name on the email, or otherwise indicates that the Complainant is the person filing the complaint.

The Title IX Coordinator will contact the Complainant regarding any notice that is submitted in a form that does not comply with these requirements to ensure that it is filed correctly.

Contacting Law Enforcement

Coconino Community College (CCC) encourages reports of criminal behavior be made with local law enforcement in addition to contacting the Title IX Coordinator. Law enforcement agencies can provide you with a wide range of services.

Provide access to:

• Medical assistance
• Protective measures
• Victim advocate services
• Counseling

Additional services:

• Respond to concerns for personal safety
• Share personal safety strategies
• Initiate a criminal investigation
• Explain how to obtain an order of protection or injunction against harassment
• Answer questions about the criminal process

A criminal investigation also affords additional rights to victims. Working with local law enforcement complements an administrative investigation. CCC can only influence the employment and enrollment status of an individual. Local law enforcement can make sure that community members, vendors, students, or employees do not continue harmful behavior in the community setting. CCC will enforce any court orders and collaborate with local law enforcement during investigations. In most cases, an administrative investigation will be completed prior to a criminal investigation.

For emergencies or to report a crime in progress at any Coconino Community College location, call the Coconino Community College Security Department at 928-226-4304 for the Lone Tree Campus or 928-526-7611 for the 4^th Street Campus.

For off campus emergencies call 9-1-1. Always make sure you are in a safe place before contacting Public Safety or the local police.

For non-emergency and general public safety related assistance call the CCC Lone Tree Campus at 928-226-4304.

CCC encourages victims to work with the Title IX Coordinator and CCC Campus Safety to seek relief, remedies, and support.

CCC Title IX Coordinator:

• Tony Williams, Vice President of Student Services & Title IX Coordinator
• Mailing address: Coconino Community College, 2800 S. Lone Tree Road, Flagstaff, AZ 86005
• P: 928-226-4334
• Email: Contact Form

CCC Deputy Title IX Coordinators:

• Lone Tree Campus
  • Adriana Flores-Church, Vice President of Human Resources
  • P: 928-226-4204
  • Email: Contact Form
     
  • Rosa Mendoza, Human Resources Manager
  • P: 928-226-4350
  • Email: Contact Form

Fourth Street Campus

• Mark Maciha, Dean of Career & Technical Education
• P: 928-526-7625
• Email: Contact Form

Page Campus

• Kay Leum, Dean of Extended Learning
• P: 928-645-6682
• Email: Contact Form

College Security Department

• P: 928-226-4271
• E: This email address is being protected from spambots. You need JavaScript enabled to view it.

Confidentiality and Privacy as outlined in the Title IX Sexual Harassment Policy

Every effort is made by Coconino Community College (CCC) to preserve the privacy of reports of allegations of sexual harassment/discrimination. For the purpose of the Title XI policy, privacy and confidentiality have distinct meanings.

Privacy means that information related to a complaint will be shared with a limited number of CCC employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report.

All employees who are involved in CCC’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in CCC’s FERPA policy. The privacy of employee records will be protected in accordance with Human Resources policies.

Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, attorneys, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, and others, with their patients, clients, and parishioners. CCC does not have a health center or mental health counselors on site to provide medical or mental health services. As such, CCC encourages students to seek such attention from a variety of local providers.

When information is shared by a Complainant with the Confidential Community Resource, the Confidential Resource cannot reveal the information to any third party, except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when:

1. the individual gives written consent for its disclosure;
2. there is a concern that the individual will likely cause serious physical harm to self or others; or
3. the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities.

Other information may be shared, as required by state and/or federal law.

CCC will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

Only a small group of officials who need to know will typically be told about the complaint, including, but not limited to, the Office for Student Affairs, Campus Safety, and the CARE Team (also known as a Behavior Intervention Team). Information will be shared as necessary with Investigators, Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.  

CCC may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will consult with the student first before doing so, when appropriate.

Other Confidential Resources

Sexual misconduct can be a complex and painful experience that can require many different types of support including medical, legal, psychological, and academic resources. There are no employees within CCC who can guarantee complete confidentiality; however, there are resources outside of CCC that you may wish to have a confidential conversation with about your options and what next steps you would like to take.

National Sexual Assault Hotline and Website

Access free, 24/7 local crisis support online or by calling 1-800-856-HOPE (4673). For more information, visit ohl.rainn.org/online.

Off-Campus Counselors, Advocates and Resources

Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with CCC unless the victim requests the disclosure and signs a consent or waiver form.

The new 2020 Title IX regulations clarify what triggers Coconino Community College’s (CCC) response obligation. A response obligation means that CCC must institute corrective measures, which can include initiating an investigation or offering supporting measures, for example.

The triggering event under the new 2020 Title IX regulations centers on when CCC receives actual knowledge of allegations of sexual harassment/ discrimination.  Actual knowledge means that the CCC Title IX Coordinator or an Official with Authority has received notice of sexual harassment/discrimination or notice of allegations of sexual harassment/discrimination.

CCC has designated a Title IX Coordinator at the Lone Tree Campus and Deputy Coordinators at all three campus locations. The contact information for the CCC Title IX Coordinator and Deputy Coordinators can be found by using the “Who to Contact” tab located on this page.

Notice of sexual harassment/discrimination or allegations of sexual harassment/discrimination to the Title IX Coordinator conveys actual knowledge to the institution.

Officials with Authority

The new 2020 Title IX Regulations allow post-secondary institutions, such as CCC, to decide which of its employees are Officials with Authority. An Official with Authority (OWA) means an employee of CCC explicitly vested with the responsibility to implement corrective measures for sexual harassment on behalf of CCC. Notice to any official with authority conveys actual knowledge to the institution.

Officials with Authority are required to report any witnessed sexual harassment, any incidents reported to him/her of sexual harassment or sexual harassment allegations from a complainant (i.e., a person alleged to be the victim) or a third party (e.g., the complainant’s parent, friend, or peer); or any written or verbal complaint about sexual harassment or sexual harassment allegations to the Title IX Coordinator.

CCC has designated the following employees as Officials with Authority to implement corrective measures for sexual harassment/discrimination.

• CCC President
• Assistant to the CCC President
• Title IX Coordinator
• Provost
• Executive Vice President – Chief Financial Officer
• Executive Director of Human Resources
• Chief External Affairs Officer/Executive Director of the CCC Foundation
• Executive Director of Extended Learning
• College Deans/Associate Deans (at all levels)
• CCC Campus Safety & Security Staff
• Athletic Director
• Directors/Program Managers (all departments)

Notice results whenever the CCC Title IX Coordinator, Deputy Coordinators, or any official with authority:

• witnesses sexual harassment; 
• hears about sexual harassment or sexual harassment allegations from a complainant (i.e., a person alleged to be the victim) or a third party (e.g., the complainant’s parent, friend, or peer); 
• receives a written or verbal complaint about sexual harassment or sexual harassment allegations; 
• or by any other means.

Mandatory Reporters

The new 2020 Title IX Regulations allow post-secondary institutions, such as CCC, to designate mandated (mandatory) reporters who are expected to report actual or suspected sexual harassment/discrimination to the Title IX Coordinator. A mandatory reporter will, within twenty-four (24) hours, pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action on the report.

All CCC employees are considered Mandated (Mandatory) Reporters.

A mandatory reporter under this policy does not diminish or affect the requirement under Arizona state law requiring the report of child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials.

Coconino Community College (CCC) Title IX Sexual Harassment policy strictly prohibits retaliation for engaging in protected activities.

Protected activity under this policy includes reporting an incident that may violate policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this policy. 

It is prohibited for CCC or any member of CCC’s community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure. 

The exercise of rights protected under the First Amendment do not constitute retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. CCC is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

Preserving Evidence

If you are a victim of sexual violence, evidence of the assault and/or the identity of the attacker may be left on your body. You are encouraged to get an exam as soon as possible in order to preserve the evidence of the assault. Preserved evidence may be used in an investigation or criminal proceedings.

The following location provides Sexual Assault Nurse Examiners (SANE) to victims of sexual violence. These individuals are licensed registered nurses who are trained to collect and preserve forensic evidence of sexual violence. They are also sensitive to trauma and will always treat victims with dignity and respect.
 

Northern Arizona Care and Services After Assault (NACASA)
2920 N. 4^th Street
Flagstaff, AZ 86004
928-522-9460

24 Hour Crisis Line, Coconino County 928-527-1900 or 1-877-634-2723

• Exams are available in Flagstaff and Page
   

24 Hour Crisis Line, Navajo and Apache Counties – 1-800-224-1315

• Exams are available in Show Low, Holbrook and Springerville

Additional Arizona victim advocacy groups and centers can be found on the ACFAN Website.

Risk Reduction Tips

Personal Safety

Whether it be someone you know or a stranger, prevent acts of sexual harassment, discrimination, or violence against yourself by engaging in the following strategies:

• Change your patterns, schedule, and parking habits
• Pack up your property and take it with you
• Lock up your bicycle with a U-lock or heavy chain
• Always roll up your windows, lock your car doors, and remove valuables from sight
• Keep your phone, purse, wallet, and textbooks with you at all times
• Avoid walking in dark, poorly lit areas at night
• Walk with a purpose (have your keys out and avoid talking on the phone)
• Limit the use of headphones while walking
• Check under and around your car
• Limit the personal information you share on social media websites
• Obey the law
• Avoid accepting drinks and gifts from strangers
• Pursue relationships that are respectful and supportive

Community Safety

In addition to protecting yourself, you can engage in behaviors that help promote safety for others in your community.

• Walk in groups at night
• Arrive and leave with the same people to a party or place
• Check-in with friends
• Report suspicious behavior
• Listen when your friend mentions dangerous behaviors in their intimate relationship
• Seek medical attention for yourself or others if necessary
• Respond to calls for help
• Confront harmful behavior

Bystander Intervention

You can help others in potentially harmful situations by utilizing any of the following strategies:

Separation

Let the individual know you are concerned about what is happening. This can be used with the victim or the attacker.

• I feel ___________ when you __________. I hope you will stop.
• I’m concerned about what is happening here.
• I’m concerned for you.

Distraction

Use something to pull attention away from the problematic behavior and focus it on something else. Change the conversation, setting, or the people. Again, this can be used with the victim or the attacker.

• I hate this party, let’s go.
• I think the cops just got here.
• Hey, we need to talk for a minute.

Delay

Provide a visible distraction that needs to be attended to if nothing else seems to be working. This strategy will buy time.

• Spill a drink.
• Point out something that requires action (something wrong with clothing).
• Ask the person for directions or time.

Directly Intervene

Say the behavior is inappropriate or not okay.

• This is (insert place). We don’t do that.
• I know you are better than that.
• I hope no one ever talks about you like that.
• What if someone said (describe the behavior) about your friend, girlfriend, or family member?

Bring Some Friends

Groups have the ability to use different intervention strategies. Ask friends of the person displaying inappropriate behavior and friends of the person experiencing the behavior to help.

• What do you think we should do?
• I’m noticing _________ is really drunk, let’s help him/her out.
• Everyone’s going to their own place tonight. Call him/her tomorrow.

Make a Scene or Draw Attention

This combines the distraction and delay methods. It will also help create a group.

• Get away from my ______________!
• That’s my girlfriend/boyfriend/sister/brother/cousin, what are you doing?
• Hey, that person just stole my wallet/took my drink/stole my phone

Delegate

Talk to someone with presumably more social power than you.

• Ask employees for assistance.
• Tell an adult.
• Find someone wearing a uniform.

Follow Protocol

Pass blame for your response to an authority figure. Contacting emergency services, supervisors, medical services, or college employees may be needed for some situations.

• Call 911.
• Email your professor or advisor to ask about reporting options.

Be a Friend or Ally

This may mean in the moment or after the fact. Both parties benefit from this strategy.

• “Hey _____. As your friend, I’ve gotta tell you that the ______ is killing your image, especially with ________.Why don’t you do yourself a favor and stop?
• I would really hate for something bad to happen. I mean I don't want you to get arrested or hurt.
• Hey, are you okay? Can I do anything?
• I’m sorry that happened to you.

1. What does an Advisor do?

An Advisor accompanies a party in a Title IX case to meetings related to the resolution process, advises the party on that process, and conducts cross-examination for the party at the hearing, if one is held.

2. Do both the Complainant and the Respondent in a Title IX case get an Advisor?

Yes, both parties have the right to an Advisor of their choosing. Each party may select whomever they wish to serve as their Advisor, as long as the Advisor is eligible and has no institutionally conflicting roles (such as being a Title IX Coordinator, a supervisor who would implement sanctions in the event of a finding of responsibility, or a witness in the process).

3. Who can serve as an Advisor?

The Advisor may be a friend, family member, attorney, neighbor, or other individual. Coconino Community College (CCC) has a list of trained Advisors who stand ready to serve if selected by a party. Trained Advisors are familiar with the CCC resolution process as well as how to best serve in their Advisor role. If a party chooses an Advisor from outside the pool of trained CCC Advisors, they would not have been trained and may not be familiar with CCC’s policies and procedures. Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, but at the hearing stage, the party without an Advisor would be appointed an Advisor to conduct the cross-examination during the hearing. The party can reject the appointed Advisor in favor of selecting their own Advisor, but the party cannot proceed in the hearing without an Advisor present. This is the case because the parties are not permitted to directly cross-examine each other or any witness.

4. What is an Advisor’s role in the investigative process?

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present. Advisors should help the parties prepare for the meetings and interviews. Advisors are expected to Advise ethically and with integrity (i.e., not permitting a party to lie or to present false evidence).

CCC cannot guarantee equal Advisory experiences, meaning that if one party hires an attorney to serve as their Advisor and the other party does not hire an attorney, CCC is not obligated to provide an attorney Advisor for the other party. Also, if one party selects an Advisor from CCC’s list of Advisors and the other party selects a family member as an Advisor, the CCC Advisor would have received training in order to serve in this capacity while the family member Advisor would not have received such training. CCC is not obligated to train the family member Advisor.

All Advisors are subject to the same CCC policies and procedures, whether they are attorneys or not. Advisors are expected to advise without disrupting proceedings. Advisors should not address CCC officials in a meeting or interview unless they are permitted to do so by the investigators—for instance to ask procedural questions. Advisors are not permitted to make presentations or opening/closing statements during any meeting or proceeding (including during a hearing). Advisors are also prohibited from speaking on behalf of the advisee to the Investigator(s) or the Decision-maker (at a hearing), except during the cross-examination at the hearing.

Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

5. What happens if an Advisor breaks the rules outlined in Question #4?

Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended and the Title IX Coordinator will determine how to address the Advisor’s non-compliance moving forward. The Title IX Coordinator may prohibit the Attorney from continuing to act in that capacity in future meetings/proceedings. The party will be allowed to select a new Advisor.

6. Is my Advisor allowed access to information collected as evidence during the Title IX case?

CCC expects that the parties may wish to have documentation and evidence related to the allegations of Title IX sexual harassment with their Advisors. Parties may share this information directly with their Advisor or other individuals, if they wish. If the party wants CCC to share documentation and evidence with Advisors, CCC will provide the party with a FERPA authorization to disclose consent form to sign. The authorization will remain in the Title IX file.

If a party requests that all communication be made through their Attorney Advisor, CCC will not comply with that request.

7. Can an Advisor schedule a meeting with the Title IX Coordinator?

It is permitted for an Advisor to request to meet with the Title IX Coordinator in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and CCC’s policies and procedures.

8. Can a party change Advisors during the Title IX resolution process?

Yes. If a party changes Advisors, the party is expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time during the proceedings. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. Parties are expected to inform the Title IX Coordinator of the identity of the new Advisor at least two (2) days before a meeting where the party and their Advisor is to be present. If a party changes Advisors before the hearing, the party is expected to inform the Title IX Coordinator of that change at least two (2) business days before the hearing.

9. Are there any other expectations of an Advisor?

CCC expects Advisors to adjust their schedules to allow them to attend scheduled meetings and proceedings. CCC may make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient, but only if the advisee agrees to the provision. 

For a complete list of CCC Trained Advisors, please contact the CCC Title IX Coordinator.

Defining Consent

Coconino County Community College (CCC), consent can only be given by a person of legal age, cannot occur when a person is mentally or physically incapacitated (which includes intoxication), and requires that all parties understand the who, what, when, where, why, and how of the sexual interaction.

Consent is:

• knowing
• voluntary, and
• clear permission
• by word or action
• to engage in sexual activity

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied.

For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on CCC to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Obtaining and giving consent is the most important part of protecting yourself against sexual violence. The following list are some examples of how to gain consent from and give consent to your intimate partners:

1. Clarifying or summarizing what the other person shared
2. Communicating your expectations and limits
3. Asking for permission, approval, or acceptance when seeking intimacy
4. Understanding why someone did or chose something
5. Expressing discomfort with acts of physical intimacy
6. Talking about sexual intimacy when sober
7. Confirming the feelings of the other person
8. Starting with small decisions
9. Sharing when you want to stop, slow down, or wait

The Impact of Alcohol and Drugs on Consent

The use of alcohol or drugs never makes a victim at fault for an act of sexual harassment, discrimination, or violence.

Students should be aware that alcohol and other drugs influence behavior and alter an individual's ability to give consent to sexual acts.

TITLE IX-BASED EMERGENCY REMOVALS

THE BASICS

A Coconino Community College (CCC) can act to remove, on an emergency basis, a Title IX Respondent entirely, or partially, from its education program or employment activities, when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any individual justifies such a removal. 

An emergency removal is not tantamount to a determination of responsibility or a sanction. CCC may remove a Respondent on an emergency basis whether a grievance process is underway or not.

For students who are removed on an emergency basis, alternative coursework options should be pursued to ensure as minimal an academic impact as possible on the removed party.

CCC will implement the least restrictive emergency actions possible in light of the circumstances and individual safety concerns. As determined by the Title IX Coordinator, these actions could include a variety of supportive measures. Examples of supportive measures include, but are not limited to:

• 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 or grade penalty,
• authorizing an administrative leave, 
• suspending a student’s participation in extracurricular activities, 
• suspending a student’s employment, 
• suspending a student’s participation in student organizational leadership, or
• suspending a student’s participation in intercollegiate/intramural athletics.

If the least restrictive emergency action is removal from the campus, the Title IX Coordinator must initiate an individualized safety and risk analysis. 

RISK ANALYSIS

This risk analysis is performed by the Title IX Coordinator, in conjunction with the College CARE Team.

For situations where the Respondent is an employee, the Title IX Coordinator will consult with Human Resources in completing the individualized safety and risk analysis. 

The risk analysis must follow the five-step process for evaluating the necessity of and implementation of an emergency removal.

Step ONE: Conduct a prompt individualized safety and risk analysis.

• The analysis must be individualized and not based upon generalized, hypothetical or speculative beliefs or assumptions that a Respondent could pose a risk to someone’s physical health or safety.
• The analysis must focus upon the particular Respondent and examines the specific circumstances “arising from the allegations of sexual harassment” posing an immediate threat to a person’s (not always the Complainant’s) physical health or safety.

Step TWO: Make the required findings of “immediate threat” “to the physical health or safety of any student or other individual” “arising from the allegations of sexual harassment.”

“Immediate threat”

1. There must be an immediate threat that justifies and compels the emergency removal.
2. Ask: What significance and weight should be applied to a Complainant’s subjective fear of a threat versus an objective reasonable person standard?
3. Ask: What is the Respondent’s propensity, opportunity, and ability to effectuate a stated or potential threat.
4. Ask: Would supportive measures be more appropriate and a less restrictive means to negate or sufficiently minimize the likelihood of a threat’s occurrence?

“To the physical health of safety of any student or other individual”

1. The immediate threat must be to the “physical health or safety” of one or more individuals, who may be the Respondent, the Complainant, or any other individual (such as a third-party witness).” We are not talking about threat to emotional health. If the threat is simply to the emotional health and well-being, initiate supportive measures only.

“Arising from the allegations of sexual harassment.”

1. The emergency situation must specifically arise from the allegations of sexual harassment.
2. A Respondent’s threat of physical self-harm after being accused of sexual harassment could justify an emergency removal.

Step THREE: Evaluate the applicability of disability laws to the removal decision.

1. A Respondent may not be subject to an emergency removal without full and appropriate consideration of applicable disability laws.
2. If a Respondent identifies him/herself as having a disability, consult with the DR office (for students) and HR (for employees) to make the required consideration regarding disability laws.

Step FOUR: Consider the appropriateness of supportive measures in lieu of an emergency removal.

1. Before imposing a Respondent’s emergency removal, CCC must ensure that its action does not equate to or effectuate an improper bypassing of the prohibitions in §§ 106.44(a) and 106.45(b)(1)(i) against imposition of sanctions or other actions that are not supportive measures without first following the § 106.45 grievance process.
2. In assessing an emergency removal, an institution should consider the anticipated timing to complete an investigation and hearing, as a removal will vary in its length and impacts based upon the duration of the grievance process.

Step FIVE: Provide the Respondent with notice and an “immediate” opportunity to challenge the emergency removal

In all cases where an emergency removal is imposed, the Respondent (regardless of status as either student or employee) will be issued a Notice of Removal letter.

Upon receiving the Notice of Removal letter, the Respondent may request to meet with the Title IX Coordinator as soon as reasonably possible after the emergency removal is imposed to show cause why the action/removal should not be implemented or should be modified. This meeting is called a Show Cause meeting. 

SHOW CAUSE MEETING

Requesting a Show Cause meeting with the Title IX Coordinator must be made within three (3) days of the Respondent’s receipt of the Notice of Removal. If no meeting is scheduled within the three (3) day time period, objections to the emergency removal will be deemed waived and the emergency removal will be imposed.

This Show Cause 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.

At the Show Cause meeting, the Respondent may be accompanied by the Advisor of his/her/their choosing.

A Complainant and their Advisor may be permitted to participate in the Show Cause meeting.

At the Show Cause meeting, the Respondent will be allowed to present their position regarding why they believe the emergency action/removal should not be implemented or should be modified.

The Title IX Coordinator must prepare a written determination/response to the Show Cause meeting within two (2) days of the meeting taking place. 

The Title IX Coordinator’s decision is final. 

VIOLATION OF EMERGENCY REMOVAL

Violation of an emergency removal under this policy will be grounds for separate discipline, which may include actions up to or including expulsion from school or termination from employment.

The Formal Grievance Process relies on a pool of administrators (“the Pool”) to carry out the process. Members of the Pool are announced in the annual Title IX Notification to students, employees, prospective students, and prospective employees.

Pool Member Roles

Members of the Pool are trained annually, and can serve in in the following roles, at the direction of the Title IX Coordinator:

• To act as an Advisor to the parties
• To investigate complaints
• To serve as a hearing facilitator (process administrator, not the decision-making role)
• To serve as the Decision-maker regarding the complaint
• To serve as an Appeal Chair 

Pool Member Training

The Pool members receive annual training, either jointly or based on their respective roles. This training includes, but is not limited to: 

• The scope of the Coconino Community College’s Title IX Sexual Harassment Policy and Procedures
• The definition of sexual harassment
• The scope of Coconino Community College’s education program or activity
• How to conduct an investigation and grievance process including hearings, appeals, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of
• interest, and bias.

Decision-makers will receive training on:

• Any technology to be used at a live hearing and
• Issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.

In addition to the trainings above, investigators will receive training on:

•  Issues of relevance to create an investigative report that fairly summarizes relevant evidence

Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, will:

• not rely on sex stereotypes,
• promote impartial investigations and adjudications of formal complaints of sexual harassment.

All Pool members are required to attend these trainings annually.

The materials used to train all members of the Pool are publicly posted on the Title IX Training Resources page.

INSPECTION AND REVIEW OF EVIDENCE PROCEDURES (Section 106.45(b)(5)(vi))

Title IX regulations require both parties have:

An equal opportunity to inspect and review 

• any evidence obtained as part of the investigation 
• that is directly related to the allegations raised in a formal complaint
• including the evidence upon which CCC does not intend to rely in reaching a determination regarding responsibility 
• and inculpatory or exculpatory evidence whether obtained from a party or other source, 

The opportunity to meaningfully respond to the evidence prior to conclusion of the investigation. 

• All evidence the parties want the investigators to consider in the case MUST be provided to the investigators before the first inspection period begins. Any additional evidence offered by either party WILL NOT BE ADMISSIBLE. 

Inspection and Review of Evidence--Two inspection periods.

First Inspection Period: At the end of the investigation, BUT BEFORE a report is drafted, the parties have 10 days to review all of the evidence collected during the investigation. The parties must be able to review the evidence the investigators are going to use as well as the evidence they are not going to use in drafting the investigative report.   In that 10-day review period, both parties have equal opportunity to review and respond in writing to the evidence.  The investigators will “consider” the responses before completing the investigative report.

Second Inspection Period: After the final investigative report is written, BUT BEFORE the hearing where the determination of a possible violation of the Title IX policy will be made. The parties can review the final investigative report. This report DOES NOT have a determination. It just outlines the investigation.  In that 10-day review period, both parties have equal opportunity to review and respond in writing to the evidence.   

In addition to the review periods, all evidence will be available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

Sexual harassment, discrimination, and violence can be a complex and painful experience that can require many different types of support including medical, legal, psychological, and academic resources. Useful resources are available to all of Coconino Community College (CCC) students, and may be located on campus, within the community, or nationally based.

Jurisdiction under the CCC Title IX Sexual Harassment/Discrimination policy is limited to:

1. CCC education program and activities,
2. Conduct that takes place on the campus or on property owned or controlled by CCC, at CCC-sponsored events, or in buildings owned or controlled by CCC’s recognized student organizations,
3. Conduct/actions that take place against a Complainant in the United States,
4. Respondents who are members of the CCC community (students, employees, or third parties), and
5. the effects of off-campus misconduct that effectively deprive someone of access to CCC’s educational program.

What happens when the Respondent is not a member of the CCC community?

In situations where the Respondent is not a member of the CCC community, the Title IX Coordinator will still offer the Complainant supportive measures and resources. Supportive measures include, but are not limited to:

• Referral to the Employee Assistance Program
• Referral to community-based service providers
• In-house visa and immigration assistance
• Student financial aid counseling
• Safety planning
• Providing campus safety escorts
• Trespass orders, when applicable
• Class withdrawals, or leaves of absence
• Any other actions deemed appropriate by the Title IX Coordinator

Resources may include, but are not limited to:

• Contact information for community-based support services
• Assistance in reporting conduct to local law enforcement
• Honoring restraining orders, protective orders, and stalking injunctions issued by civil and criminal courts of law.

What about conduct/behaviors that occur off-campus but where both the Complainant and Respondent are members of the CCC community?

In these situations, the Title IX Coordinator will address the notice/complaint to determine whether the conduct/behavior occurred in the context of CCC employment or an educational program or activity and/or if the conduct/behavior has continuing effects on campus or in an off-campus sponsored program or activity. A continuing effect on campus or in an off-campus sponsored program or activity includes:

1. Any action that would constitute a criminal offense as defined by law;
2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
3. Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes a disruption; and/or
4. Any situation that is detrimental to the educational interests or mission of CCC.

What about if the conduct alleged in the Title IX complaint is determined not to meet the Title IX definition of sexual harassment/discrimination?

In the event the conduct alleged in the Title IX complaint is determined to not meet the regulatory definition of sexual harassment/discrimination, but does fall within the jurisdiction of CCC, the Title IX Coordinator will refer the complaint to the appropriate conduct body, which means student affairs for student code of conduct issues and Human Resources for employee conduct issues. 

The 2020 Title IX Regulations outline instances where the Title IX Coordinator must dismiss a Title IX complaint. The regulations also provide situations where the Title IX Coordinator has the discretion to dismiss a Title IX complaint. The following is a review of both mandatory and discretionary dismissals.

A. The Title IX Coordinator is obligated to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

1. The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the Policy hereinabove, even if proved; and/or
2. The conduct did not occur in an educational program or activity controlled by Coconino Community College (CCC) (including buildings or property controlled by recognized student organizations), and/or CCC does not have control of the Respondent; and/or
3. The conduct did not occur against a person in the United States; and/or
4. At the time of filing a formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of the recipient. 

B. The Title IX Coordinator has the discretion to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
2. The Respondent is no longer enrolled in or employed by the recipient; or 
3. Specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon any dismissal for any reason, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so. The letter will be sent simultaneously to the parties. 

This dismissal decision is appealable by any party under the procedures for appeal below. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.

If you would like to appeal, you must submit your request for appeal in writing to the Title IX Coordinator within five (5) days of the decision to dismiss (or the decision not to dismiss). If you do not submit your request for appeal within the five (5) days, you will lose your right to appeal.

The request for appeal will be forwarded to the Appeal Chair, specifically the Coconino Community College Provost. The Appeal Chair will communicate the decision to grant or deny the appeal to the requesting party within five (5) days of the request for appeal being received by the Appeal Chair.

The Appeal Chair will provide the other party(ies) and their Advisor(s), and the Title IX Coordinator a copy of the appeal decision.

*A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it. *

Using the deliberation statement provided by the Decision-maker, the Title IX Coordinator will prepare a Notice of Outcome letter. Upon its completion, the Title IX Coordinator will share the letter, which will include the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within five (5) days of receiving the Decision-maker(s)’ deliberation statement.

The Notice of Outcome letter will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; and a statement of, and rationale for, the resulting decision.

The Notice of Outcome will also include information on the relevant procedures and bases for any available appeal options. 

The Notice of Outcome letter will be delivered via U.S. mail to the local or permanent address of the parties as indicated in official Coconino Community College (CCC) records and via email to the parties’ CCC-issued email. Once mailed and emailed, notice will be presumptively delivered. 

Examples of Sexual Harassment

• An adjunct professor asks a student to go on a date with them in exchange for a good grade on a midterm assignment. This constitutes sexual harassment regardless of whether the student agrees to the request and irrespective of whether a good grade is promised or a bad grade is threatened.
   

• A student repeatedly sends graphic, sexually-oriented jokes and pictures around campus via social media to hundreds of other students. Many don’t find it funny and ask the sender to stop, but the sender does not. Because of these jokes and pictures, one student avoids the sender on campus, and another drops a class they had together.
   

• An ex-partner widely spreads false stories about their sex life with a former partner to the clear discomfort and frustration of the former partner, a student at the college, turning the former partner into a social pariah on campus.

Examples of Stalking

• Students A and B were friends with benefits. Student A wanted a more serious relationship, which caused student B to break it off. Student A could not let go, and pursued student B relentlessly. Student B obtained a campus no-contact order. Subsequently, Student B discovered their social media accounts were being accessed, and things were being posted and messaged as if they were from them, but they were not. Whoever accessed their account posted a picture of a penis, making it look as if they had sent out a picture of themselves, though it was not their penis. This caused them considerable embarrassment and social anxiety. They changed their passwords, only to have it happen again. Seeking help from the Title IX Coordinator, Student B met with the IT department, which discovered an app on their phone and a keystroke recorder on their laptop, both of which were being used to transmit their data to a third party.
   

• An employee working as an on-campus tutor received flowers and gifts delivered to their office. After learning the gifts were from a student they recently tutored, the employee thanked the student and stated that it was not necessary and would appreciate it if the gift deliveries stopped. The student then started leaving notes of love and gratitude on the tutor’s car, both on-campus and at home. Asked again to stop, the student stated by email, “You can ask me to stop, but I’m not giving up. We are meant to be together, and I’ll do anything to make you have the feelings for me that I have for you.” When the tutor did not respond, the student emailed again, “You cannot escape me. I will track you to the ends of the earth. If I can’t have you, no one will.”

Examples of Sexual Assault

• Amanda and Bill meet at a student chess club party. They spend the evening dancing and getting to know each other. Bill convinces Amanda to find an empty room in the campus’ student center. After finding an empty room, Bill uses every line he can think of to convince Amanda to have sex with him, but she adamantly refuses. Despite her clear communications that she is not interested in doing anything sexual with him, Bill keeps at her, questions her religious convictions, and accuses her of being “a prude.” He brings up several rumors that he has heard about how she performed oral sex on a number of other guys. Finally, it seems to Bill that her resolve is weakening, and he convinces her to “jerk him off” (hand to genital contact). Amanda would have never done it but for Bill's incessant advances. He feels that he successfully seduced her and that she wanted to do it all along but was playing shy and hard to get. Why else would she have gone away with him to an empty room with him.  If she really didn't want it, she could have left.

Examples of Retaliation

• A faculty member alleges gender inequity in pay within her department. The Department Chair subsequently revokes his approval for her to attend a national conference, citing the faculty member’s tendency to “ruffle feathers.”

• A student from Organization A participates in a sexual misconduct investigation as a witness whose testimony is damaging to the Respondent, who is also a member of Organization A; the student is subsequently removed as a member of Organization A because of their participation in the investigation.

These examples have been provided by the Maricopa County Community College District (MCCCD) and are reproduced here with permission.

1. Have you received all pertinent documentary evidence, including the final investigative report?
2. If you elect to do so, have you met with the Title IX Coordinator to review the procedures for the hearing?
3. Do you have an Advisor to accompany you at the hearing? Your Advisor will conduct the cross-examination of the other party and witnesses.
4. Have all of the witnesses you plan on having participate in the hearing been interviewed as part of the investigative process? If not, they cannot participate in the hearing.
5. Does all of the evidence you want to present at the hearing already been reviewed by the investigators and the other party? If not, you cannot present this evidence at the hearing.
6. Have you provided your comments on the final investigation report at least ten (10) days before the hearing? If you have not, you cannot provide comments.
7. Do you know the date, time, and location of the hearing?
8. Thoroughness and fairness are the primary foci of any Title IX hearing process. Hearings are generally scheduled for two (2) hours, but can be extended, as needed at the discretion of the Decision-maker, to ensure that both parties are able to present the information relevant to their position. (e.g., complicated fact pattern, numerous witnesses, etc.). 

If you have the need to inquire about the questions above, please contact the Title IX Coordinator.

The following are the rights that can be expected by all parties in a Title IX Complaint.

1. The right to an equitable, fair and unbiased investigation and resolution of all credible allegations of prohibited sexual harassment/discrimination that are made in good faith to a college Title IX Coordinator or to an Official with Authority.
2. The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions available if a policy violation is determined to have taken place.
3. The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations or additional Complainants) and any attendant adjustments needed to clarify potentially implicated policy violations.
4. The right to not have any personally identifiable information released to the public without consent, except to the extent permitted by law.
5. The right to be treated with respect by College and/or District officials and afforded the presumption of innocence.
6. The right to have College and/or District policies and procedures followed without material deviation.
7. The right to be free from undue pressure to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
8. The right to not be discouraged by College and/or District officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.
9. The right to be informed by College and/or District officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by College and/or District authorities in notifying such authorities, if the party so chooses. This also includes the right to not be pressured to report, as well.
10. The right to have allegations of violations of this Policy responded to promptly and with sensitivity.
11. The right to request and be granted a College and/or District-implemented no-contact order or a no-trespass order against a non-affiliated third party, when someone has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct that presents a danger to the welfare of the party or others.
12. The right to be informed of available supportive measures, such as changing academic, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available.
13. The right to have the College and/or District maintain such supportive measures for as long as necessary and for the supportive measures to remain private, provided privacy does not impair the College and/or District’s ability to provide the supportive measures.
14. The right to receive sufficiently advanced written notice of any meeting or interview involving the other party, when possible.
15. The right to provide the Decision-maker with a list of questions that, if deemed relevant by the Decision-maker, may be asked of any party or witness. This should occur on the day of the hearing.
16. The right not to have irrelevant prior sexual history or character admitted as evidence.
17. The right to know the relevant and directly related evidence obtained by investigators and to respond to that evidence.
18. The right to a fair opportunity to provide the Investigators with their account of the alleged misconduct and have that account be included in the investigatory record.
19. The right to receive a copy of the investigation report. The investigative report should include all factual, policy, and/or credibility analyses performed, and all relevant and directly related evidence used to produce the investigation report—subject to the privacy limitations imposed by state and federal law. This right includes the right to have at least ten (10) business days to review the report prior to the hearing.
20. The right to respond, in writing, to the investigation report, which includes providing comments as well as any additional relevant evidence, and to have that response on the record.
21. The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
22. The right to regular updates on the status of the investigation and/or resolution.
23. The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received the required training as outlined in the Title IX regulations.
24. The right to preservation of privacy, to the extent possible and permitted by law.
25. The right to petition that any College and/or District representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
26. The right to have an Advisor of your choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process.
27. The right to have the investigator, Title IX Coordinator, and Decision-maker use the preponderance of the evidence standard to make a finding after an objective evaluation of all relevant evidence.
28. The right for the Complainant and Respondent to be present, including presence via remote technology, during all testimony given and evidence presented during the hearing.
29. The right to have an impact statement considered by the Decision-maker following a determination of responsibility for any allegation, but prior to sanctioning.
30. The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process and a detailed rationale therefor (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the parties.
31. The right to be informed, in writing, when a decision by the Decision-maker is considered final and any changes to the sanction(s) that occur before the decision is finalized.
32. The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the College and/or District.
33. The right to a fundamentally fair resolution, as defined in these procedures.

Steps in the Investigation Process

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve:

1. interviews with all relevant parties and witnesses;
2. obtaining available, relevant evidence; and
3. identifying sources of expert information, as necessary. 

Through the investigative process, all parties have a full and fair opportunity to

1. suggest witnesses and questions,
2. provide evidence and expert witnesses, and
3. fully review and respond to all evidence on the record. 

The Investigators typically take the following steps (not necessarily in this order):

• Determine the identity and contact information of the Complainant
• In coordination with campus partners (e.g., the Title IX Coordinator), initiate or assist with any necessary supportive measures 
• Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated
• Conduct a prompt initial assessment to determine if the allegations indicate a potential policy violation 
• Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties
• Meet with the Complainant to finalize their interview/statement
• Prepare the initial Notice of Allegation (NOA). The NOA may be amended with any additional or dismissed allegations 
  • Notice should inform the parties of their right to have the assistance of an Advisor, who could be a member of Coconino Community College (CCC) pool of Advisors or could be an Advisor from outside CCC. Advisors are able to be present for all meetings attended by their attendee.
• Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes of the relevant evidence/testimony from their respective interviews and meetings
• Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible 
• When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting (via email), as well as the expected participants and purpose of the meeting 
• Interview all available, relevant witnesses and conduct follow-up interviews, as necessary
• Allow each party the opportunity to suggest witnesses and questions they wish the Investigators to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions. 
• Complete the investigation promptly and without unreasonable deviation from the intended timeline
• Provide regular status updates to the parties throughout the investigation.
• Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. Appendices including relevant physical or documentary evidence will be included 
• Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which CCC does not intend to rely in reaching a determination, for a ten (10) day review and comment period
•  Receive a meaningful, written response from the parties after their review of the evidence. The parties may elect to waive the full ten days.
• The Investigators will share the responses between the parties for additional responses
• The Investigator(s) may incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator(s) should document all rationales for any changes made after the review and comment period
• The Investigator will finalize the investigative report and then share it with both parties and their Advisors through secure electronic transmission at least ten (10) business days prior to a hearing.
• The case is forwarded for a hearing. The hearing will last no more than two (2) hours. 

Witnesses in the Investigation

Witnesses (as distinguished from the parties) who are employees of CCC are expected to cooperate with and participate in CCC’s investigation and resolution process. Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of policy and may warrant discipline. 

While in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., study abroad, winter break) may require individuals to be interviewed remotely. Skype, Zoom, FaceTime, WebEx, or similar technologies may be used for interviews if the Investigators determine that timeliness or efficiency dictate a need for remote interviewing. CCC will take appropriate steps to reasonably ensure the security/privacy of remote interviews.
 

Evidentiary Considerations in the Investigation

The investigation does not consider:

1. incidents not directly related to the possible violation, unless they evidence a pattern;
    
2. the character of the parties; or
    
3. questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Investigations are not complete until both the Complainant and Respondent have had an opportunity to review the investigative file, which includes both the first and the second inspection and review of records has taken place.

Once the investigation is complete, the matter will be referred to a hearing.

Filing an External Discrimination Complaint

Coconino Community College (CCC) encourages students to use the due process under the Title IX Sexual Harassment policy to resolve concerns. Students also have the right to file complaints with appropriate external agencies. No retaliation will be taken against any individual for filing a complaint with an external agency. The following agency accepts harassment/discrimination charges filed by, or on behalf of, students:

Office for Civil Rights
U.S. Department of Education
Denver Office
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582
Phone: 303-844-5695
Fax: 303-844-4303
TDD: 303-844-3417
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Below are some commonly asked questions regarding Title IX and sexual harassment, discrimination, and violence.

Q: Will CCC blame me if I was drinking or on drugs at the time of an incident involving sexual harassment, discrimination, or violence?

A: No.  Students will not be blamed if they are the victim of sexual harassment, discrimination, or violence while under the influence of alcohol or drugs.

Q: Can someone give consent to sexual activities when they’re drunk?

A: No, it is considered consent if the individual is under the influence of alcohol or drugs when they engage in any type of sexual activity.

Q: What if a person gives consent to a sexual activity the day before the act, before they passed out, or before they consumed alcohol or drugs?  Is that still consent?

A: No.  Se the definition of consent.

Q: IS it still sexual harassment or violence if it’s between two people of the same sex?

A: Yes.  Sexual harassment, discrimination, and violence can happen between any combination of sexes, including but no limited to…

• Male and female interactions
• Male and male interactions
• Female and female interactions

Q: Can I file a report or Formal Complaint even if I can’t prove that my environment was hostile when the act of sexual harassment, discrimination, or violence was committed?

A: Yes. You are encouraged to report any alleged act of sexual harassment, discrimination, or violence regardless of whether or not you can prove that the environment was hostile.

Q: Will CCC allow someone to retaliate against me for filing a report about an act of sexual harassment, discrimination, or violence?

A: No. Individuals who file a report, experience, or witness an alleged act of sexual harassment, discrimination, or violence are protected against retaliation.

If a Complainant:

1. does not want for their name to be shared,
2. does not want for an investigation to take place, or
3. does not want a formal complaint to be pursued,

they may make such a request to the Title IX Coordinator.

The Title IX Coordinator will evaluate the request in light of the duty to ensure the safety of the campus and to comply with state or federal law.

In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow CCC to honor that request, CCC will offer supportive measures and remedies to the Complainant and the community, but will not otherwise pursue formal action.

The Title IX Coordinator has ultimate discretion over whether CCC proceeds when the Complainant does not wish to do so. The Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment that shows a compelling risk to health and/or safety that requires CCC to pursue formal action to protect the community.

A compelling risk to health and/or safety may result from evidence of patterns of

•  misconduct,
•  predatory conduct,
• threats,
• abuse of minors,
• use of weapons, and/or violence.

CCC may be compelled to act on alleged employee misconduct, even if a Complainant does not want an investigation to take place.

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 and they retain all rights under the Title IX Sexual Harassment policy.

When CCC proceeds, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. Typically, when the Complainant chooses not to participate, the Advisor can be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant.

CCC’s ability to remedy and respond to notice may be limited if the Complainant does not want CCC 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 CCC’s obligation to protect its community.

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 CCC and to have the incidents investigated and properly resolved through these procedures.

It is the goal Coconino Community College (CCC) to provide students with the opportunity to succeed in their intended field of study. This includes our students who are pregnant and/or parenting.

Per CCC’s Discrimination policy and the requirements of Title IX of the Education Amendments Act of 1972, students will not be discriminated against on the basis of pregnancy. This includes discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. As a result, a student who is pregnant (see above definition), or parenting (a student during a defined postpartum period lasting up to 8 weeks after delivery or with additional medical documentation), may be provided accommodations so that they are not excluded from any education program or activity. These accommodations are determined through a cooperative process between Disability Resources (DR) and the faculty member on a case by case basis to determine reasonable accommodations for the student.

If you are a student who is pregnant or under any of the conditions listed above, you may receive accommodations similar to those given to students with a temporary illness when deemed medically necessary. To do so, contact Disability Resources (DR) at CCC for consultation. If you need an academic or athletic accommodation due to pregnancy, the DR will need to be provided documentation, from your doctor, regarding your condition. Medical documentation regarding absences must also be provided through DR. The staff at CCC’s DR office will work with your faculty member to determine what accommodations can be provided given your circumstances.

Visit CCC's Disability Resources page for more information or contact the CCC Title IX Coordinator.

Policy 102-00 Equal Employment Opportunity
Policy 103-00 Affirmative Action Plan
Policy 105-00 Sexual Harassment & Other Prohibited Discrimination 
​Policy 121-00 Safety & Security
Policy 430-00 Job StandardsPolicy 450-00 Employee Relations

• Policy/Procedure: 123 Title IX Sexual Harassment