Title IX

The health, safety and well-being of our students, faculty and staff are Coconino Community College’s primary concern.  If you or someone you know is a survivor of sexual assault, dating or domestic violence, or stalking, the following resources are available at CCC to assist in both immediate and long-term care and recovery.

Frequently Asked Questions

What is 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."

 

Welcome to Coconino Community College Title IX

This site is a resource for students, employees, and third parties to learn more about the CCC Title IX Sexual Harassment/Discrimination Policy and the protections under the 2020 Title IX regulatory changes. If you have experienced or witnessed an act of sexual harassment, discrimination, or dating/partner violence, you are encouraged to report the incident to the CCC Title IX Coordinator.

 

Immediate Assistance

If you are in an emergency situation, make sure you are in a safe place and call 911. For non-emergencies, contact the CCC Title IX Coordinator, Human Resources, Campus Safety, or local law enforcement.

 

Sexual Harassment and Discrimination Policy

The policy of Coconino Community College (CCC) is to provide an educational, employment, and business environment free of sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting Sexual Harassment as prohibited by state and federal law. Discrimination under this Policy is an unequal treatment of a student based on the student’s actual or perceived gender, sexual orientation, or pregnancy. This Policy prohibits Sexual Harassment and Discrimination in any college education program or activity, which means all academic, educational, extracurricular, athletic and other programs.

 

Sexual Harassment

The 2020 Title IX Regulations define sexual harassment broadly to include any of three types of misconduct that—on the basis of sex—jeopardize the equal access to education and the educational programs/activities that Title IX is designed to protect. These three types of misconduct are:

  1. Any instance of quid pro quo harassment by a school's employee;
  2. any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access;
  3. any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA). For definitions of sexual assault, dating/domestic violence, and stalking, please see the Title IX Sexual Harassment Policy.

Advising FAQ

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.

Confidentiality and Privacy

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.