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 perceived 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
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
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.