Coconino Community College - Title IX and Preventing Discrimination and Sexual Harassment

Welcome to Coconino Community College Title IX resource page for students, employees, and third parties to learn more about Coconino Community College's Title IX Sexual Harassment and Discrimination Policy and the protections provided under the 2020 Title IX regulations.

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."

Sexual Harassment Under Title IX

The 2020 Title IX regulations define sexual harassment to include quid pro quo harassment, severe and pervasive and unwelcome conduct, and sexual assault, dating violence, domestic violence, or stalking as defined by federal law.

Sexual Harassment and Discrimination Policy

Coconino Community College is committed to providing an educational, employment, and business environment free from sexual harassment and discrimination in all College programs and activities.

If you have experienced or witnessed sexual harassment, discrimination, or dating or partner violence, you are encouraged to report the incident to the CCC Title IX Coordinator, Tony Williams: 928-226-4334 or submit a contact form.

Immediate Assistance

If you are in an emergency situation, ensure you are in a safe place and call 9-1-1.

For non-emergency situations, you may contact the CCC Title IX Coordinator, Human Resources, Campus Safety, or local law enforcement.

Report an Incident

Help, Reporting, & Contact

Assistance, Resources and Help

Reporting

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

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.
Report online, using the Report an Incident Form. 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 Fourth 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.

Who to Contact

Confidentiality, Safety, & Protections

The Title IX Process: What Happens Next

Emergency Removals

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”

There must be an immediate threat that justifies and compels the emergency removal.
Ask: What significance and weight should be applied to a Complainant’s subjective fear of a threat versus an objective reasonable person standard?
Ask: What is the Respondent’s propensity, opportunity, and ability to effectuate a stated or potential threat.
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”

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.”

The emergency situation must specifically arise from the allegations of sexual harassment.
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.

A Respondent may not be subject to an emergency removal without full and appropriate consideration of applicable disability laws.
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.

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.
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.

Formal Grievance Pool

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

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.

Jurisdiction

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:

CCC education program and activities,
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,
Conduct/actions that take place against a Complainant in the United States,
Respondents who are members of the CCC community (students, employees, or third parties), and
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:

Any action that would constitute a criminal offense as defined by law;
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;
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
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.

Mandatory and Discretionary Dismissals

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:

The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the Policy hereinabove, even if proved; and/or
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
The conduct did not occur against a person in the United States; and/or
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:

A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
The Respondent is no longer enrolled in or employed by the recipient; or
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. *

Notice of Outcomes FAQ

The Investigative Process

Steps in the Investigation Process

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

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

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

suggest witnesses and questions,
provide evidence and expert witnesses, and
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:

incidents not directly related to the possible violation, unless they evidence a pattern;
the character of the parties; or
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.

When a Complainant Does Not Want to Proceed

If a Complainant:

does not want for their name to be shared,
does not want for an investigation to take place, or
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.

Rights, Definitions, & FAQs

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.

Title IX Examples

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.

Rights of the Parties

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

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.
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.
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.
The right to not have any personally identifiable information released to the public without consent, except to the extent permitted by law.
The right to be treated with respect by College and/or District officials and afforded the presumption of innocence.
The right to have College and/or District policies and procedures followed without material deviation.
The right to be free from undue pressure to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
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.
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.
The right to have allegations of violations of this Policy responded to promptly and with sensitivity.
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.
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.
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.
The right to receive sufficiently advanced written notice of any meeting or interview involving the other party, when possible.
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.
The right not to have irrelevant prior sexual history or character admitted as evidence.
The right to know the relevant and directly related evidence obtained by investigators and to respond to that evidence.
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.
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.
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.
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.
The right to regular updates on the status of the investigation and/or resolution.
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.
The right to preservation of privacy, to the extent possible and permitted by law.
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.
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.
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.
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.
The right to have an impact statement considered by the Decision-maker following a determination of responsibility for any allegation, but prior to sanctioning.
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.
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.
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.
The right to a fundamentally fair resolution, as defined in these procedures.

Title IX and Preventing Discrimination and Sexual Harassment

Help, Reporting, & Contact

Assistance, Resources and Help

In cases of emergency call 911

Reporting

Who to Contact

Confidentiality, Safety, & Protections

Confidentiality and Privacy

Officials with Authority and Mandatory Reporters

Preserving Evidence and Risk Reduction Tips

Risk Reduction Tips

Retaliation

The Title IX Process: What Happens Next

Emergency Removals

Formal Grievance Pool

Inspection and Review of Evidence

Jurisdiction

Mandatory and Discretionary Dismissals

Notice of Outcomes FAQ

The Investigative Process

When a Complainant Does Not Want to Proceed

Rights, Definitions, & FAQs

Advising FAQ

Title IX Examples

Rights of the Parties

Title IX FAQ

Working with Pregnant and Parenting Students

Policies & Procedures

Title IX Policy & Procedures

Information

Valuing People

Connect with CCC

Title IX and Preventing Discrimination and Sexual Harassment

Help, Reporting, & Contact

Assistance, Resources and Help

In cases of emergency call 911

Reporting

Who to Contact

Confidentiality, Safety, & Protections

Confidentiality and Privacy

Officials with Authority and Mandatory Reporters

Preserving Evidence and Risk Reduction Tips

Risk Reduction Tips

Retaliation

The Title IX Process: What Happens Next

Emergency Removals

Formal Grievance Pool

Inspection and Review of Evidence

Jurisdiction

Mandatory and Discretionary Dismissals

Notice of Outcomes FAQ

The Investigative Process

When a Complainant Does Not Want to Proceed

Rights, Definitions, & FAQs

Advising FAQ

Consent

Title IX Examples

Rights of the Parties

Title IX FAQ

Working with Pregnant and Parenting Students

Policies & Procedures

Title IX Policy & Procedures