Frequently Asked Questions

Title IX is a federal civil rights law enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance. This includes protection against sexual harassment and sexual violence.

Title IX protections apply to all participants in the institution's educational programs and activities, regardless of gender identity or sexual orientation, including:

• Students (full-time, part-time, international, online)
• Employees (faculty, staff, administrators)
• Applicants for admission or employment
• Third Parties (visitors, vendors, contractors)

Title IX covers a wide range of sex-based misconduct and discrimination, including:

• Sexual Harassment: Unwelcome conduct of a sexual nature, which can be verbal, non-verbal, or physical.
• Sexual Assault: Any non-consensual sexual act, including rape, fondling, incest, or statutory rape.
• Dating Violence: Violence by a person who is or has been in a romantic or intimate relationship with the victim.
• Domestic Violence: Crimes of violence by a current or former spouse or intimate partner.
• Stalking: Repeated, unwanted attention and contact that causes fear or concern for safety.
• Gender-Based Harassment: Acts of aggression, intimidation, or hostility based on gender or gender stereotyping.
• Pregnancy Discrimination: Unfair treatment due to pregnancy, childbirth, or related medical conditions.
• Retaliation: Adverse actions taken against an individual for reporting or participating in a Title IX investigation.

Title IX applies to conduct that occurs:

• On Campus: Any incidents on institutional property or in campus facilities.
• Off Campus: Activities sponsored by the institution, such as field trips, sporting events, or conferences.
• Online or Electronic Communication: Cyber harassment, bullying, or any misconduct via email, social media, or other digital platforms that affects the educational environment.

The Title IX Office plays a central role in addressing and preventing sex-based discrimination and misconduct on campus. Its responsibilities include:

• Receiving Reports: The office serves as the primary point of contact for individuals who wish to report Title IX-related concerns, including sexual harassment or assault.
• Conducting Investigations: The office oversees impartial and thorough investigations of Title IX complaints in accordance with institutional policies and federal guidelines.
• Implementing Supportive Measures: The office provides accommodations and services to individuals affected by Title IX issues, such as academic adjustments, no-contact orders, and counseling referrals.
• Ensuring Compliance: The office ensures the institution adheres to federal Title IX regulations, including reporting requirements, training, and policy updates.
• Offering Education and Training: The office develops and delivers programs on Title IX awareness, prevention of sexual misconduct, consent, bystander intervention, and more.
• Promoting Prevention: Through outreach and education, the office works to prevent sex-based discrimination and create a culture of respect and accountability on campus.

Certain employees are required to report any Title IX violations they become aware of to the Title IX Coordinator. These typically include:

• Faculty Members: Professors, lecturers, and instructors.
• Administrators and Staff: Deans, directors, supervisors, and human resources personnel.
• Coaches and Athletic Staff: All athletic department employees.
• Resident Advisors (RAs): Student staff in housing facilities.
• Campus Security Personnel: Including campus police and security officers.

Some professionals are exempt from mandatory reporting due to legal confidentiality obligations:

• Licensed Counselors and Therapists
• Medical Health Professionals
• Clergy Members acting in a pastoral role

While not everyone is a mandatory reporter, all students and employees are encouraged to report Title IX concerns to promote a safe campus environment.

Upon receiving a report:

1. Initial Outreach: The Title IX Coordinator will contact the complainant to discuss options and rights.
2. Supportive Measures: Immediate assistance and accommodations are offered, regardless of whether a formal complaint is filed.
3. Assessment: A preliminary assessment determines if the report falls under Title IX jurisdiction.
4. Investigation: If applicable, a formal investigation is initiated following institutional procedures.

Supportive measures are non-disciplinary services provided to maintain equal access to education:

• Adjustments to class schedules or work assignments
• Counseling and mental health services
• Campus escort services
• Mutual no-contact orders
• Leaves of absence

The investigation process at Napa Valley College includes:

1. Notice of Investigation: Written notification to both parties outlining the allegations and their rights.
2. Investigator Assignment: An impartial investigator is appointed.
3. Evidence Collection: Gathering of all relevant information, including documents, emails, and physical evidence.
4. Interviews: Private interviews with the complainant, respondent, and witnesses.
5. Review of Evidence: Both parties have equal opportunity to review and respond to the evidence.
6. Investigative Report: A report summarizing the investigation is prepared and shared with both parties.
7. Determination: A decision-maker evaluates all information and makes a finding based on the "preponderance of the evidence" standard.
8. Outcome Notification: Both parties receive a written determination outlining the findings and any sanctions or remedies.
9. Appeals: Either party may appeal the decision based on specific grounds within a designated timeframe.

The entire process typically takes 60-90 days, though timeframes may vary due to complexity, availability of parties, or extenuating circumstances.

You have the right to appeal on grounds such as:

• Procedural Irregularity: A flaw in the process that affected the outcome.
• New Evidence: Information not reasonably available during the investigation.
• Conflict of Interest or Bias: Involving the Title IX Coordinator, investigator, or decision-maker.

Appeals must be submitted in writing within the timeframe specified in the outcome notification.

The institution respects privacy and will keep information confidential to the extent possible:

• Limited Sharing: Information is shared only with individuals involved in the resolution process.
• Legal Obligations: Complete confidentiality cannot be guaranteed if there is a threat to safety or legal requirements to disclose.
• Public Records: Personal identities are protected in publicly available records, as required by law.

Confidential resources where information will not be disclosed without consent include:

• On-Campus Counselors: Licensed mental health professionals.
• Health Services: Medical providers offering physical health services.
• Off-Campus Support: External counselors, therapists, or advocacy groups.

Under Title IX, you have the right to:

• Equitable Treatment: Fair and impartial proceedings.
• Supportive Measures: Access to services that maintain educational access.
• Advisor of Choice: Have an advisor present during all meetings and proceedings.
• Notification: Receive timely updates on the status of the investigation.
• Protection from Retaliation: Safeguards against adverse actions for participating in the process.

Yes, you may have an advisor of your choice, such as:

• A friend or family member
• An attorney
• A campus advocate

Absolutely. The institution offers:

• Mandatory Training: Annual sessions for students and employees on Title IX policies and procedures.
• Workshops and Seminars: Programs on consent, healthy relationships, and bystander intervention.
• Online Resources: Educational materials accessible via the institution's website.