Title IX applies to institutions that receive federal financial assistance from ED, including state and local educational agencies. These agencies include approximately 16,500 local school districts, 7,000 postsecondary institutions, as well as charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.

Educational programs and activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX.

Title IX is a landmark federal civil right that prohibits sex discrimination in education.  Sex discrimination includes gender discrimination, sexual harassment, sexual assault, rape, stalking, dating violence and/or domestic violence. 

Title IX does not apply to female students only.  It applies to anyone who believes they are discriminated based on sex regardless of their real or perceives sex, gender, gender identity, and/or gender express. 

Mt. SAC must be proactive in ensuring that the campus is free of sex discrimination.  The college is required to address any sex discrimination, sexual harassment or sexual violence on campus to prevent it from affecting students, staff, and/or third parties. If the college knows or reasonably should know about discrimination, harassment or violence that is creating a hostile environment based on a protected category, such as sex, it must act to eliminate it, to remedy the harm caused, and to prevent its recurrence. The college may not discourage survivors from continuing their education and/or employment, such as telling them to “take time off” or forcing them to quit a team, club, class, or participation in college committees. Survivors of sex discrimination have the right to remain on campus and have every educational program and opportunity available to them.

Mt. SAC has an established procedure for handling complaints of sexual discrimination, harassment, and violence.  Every college must have a Title IX Coordinator who manages complaints. The Coordinator for Mt.SAC is Sokha Song who can be reached at (909) 274-4225. If you decide to file a complaint, the college is required to investigate regardless of whether you report to the police.  (Please note that a police investigation may delay the college’s investigation if law enforcement is gathering evidence). The college may not wait for the conclusion of a criminal proceeding and should conclude its own investigation within 90 days. Mt. SAC uses a “preponderance of the evidence” standard to determine the outcome of a complaint, meaning it is more likely than not that discrimination, harassment and/or violence (as defined by CCR Title V) occurred. The outcome of the investigation will be provided to the complainant and the accused in writing. The complainant has the right to appeal the decision.

Mt. SAC can issue a no contact directive under Title IX to prevent the accused student, staff, and/or third party from approaching or interacting with a complainant.  When necessary for your safety, colleges can issue a no contact directive preventing an accused student, staff, and/or third party from directly, indirectly contacting, or interacting with you. The Title IX/EEO Programs office, Student Life, and/or Campus Safety should enforce such directives. This is not a court-issued restraining order, but Campus Safety can provide individuals with information on how to obtain such an order.

Mt. SAC  should ensure that a victim doesn’t have to share spaces, such as classes or campus jobs, with his or her assailant. Along with issuing a no contact directive, the college must ensure that any reasonable changes to your class or sports schedule, employment on campus, or extracurricular activity and clubs are made to ensure you can continue your education and/or work environment free from ongoing sex discrimination, sexual harassment or sexual violence. These arrangements can occur BEFORE a formal complaint, investigation, hearing, or final decision is made regarding your complaint. It also can CONTINUE after the entire process since you have a right to an education and/or work environment free of sex-based discrimination, harassment or violence. Additionally, these accommodations should not over-burden complainant-victims or limit your educational and/or employment opportunities; instead, schools can require the accused to likewise change some school activities, classes, and/or working conditions to ensure there is not an ongoing hostile academic and/or work environment.

Mt. SAC may not retaliate against someone filing a complaint and must make a reasonable effort to keep a complainant safe from other retaliatory harassment or behavior. The college must address complaints of sex discrimination, sexual harassment and sexual violence. As part of this obligation, they can issue a no contact directive or make other accommodations to ensure the accused or a third party does not retaliate for any complaint. Additionally, the school may not take adverse action against the complainant-victim for their complaint. Any retaliation can and should be reported to the Title IX Coordinator since it is your right to be free from a hostile academic and/or work environment.

In an effort to ensure the safety of the entire campus community, Mt. SAC may conduct a formal investigation into cases of sexual or physical violence. This may occur even when a complainant seeks an informal resolution to such a case.