Community Colleges of Spokane (CCS) recognizes its responsibilities pursuant to state and federal law, rules and regulations including the responsibility for investigation, resolution, implementation of corrective measures, and monitoring of its academic, athletic, and extracurricular programs (educational programs) to stop, remediate, and prevent discrimination, harassment, sexual misconduct and retaliation consistent with these provisions. The purpose of this policy is to establish CCS’s commitment to provide equal access to its educational programs and to provide an environment for its students that is free from conduct or behaviors that constitute discrimination, harassment, sexual misconduct, domestic violence, dating violence, stalking and/or retaliation by or against its students. This policy is subject to constitutional protections related to freedom of speech, association, and the press.
Fostering and developing the understanding of diverse social and cultural traditions of all CCS students is a fundamental role of the district. Prejudice and bigotry, including racism, sexism, and any other bias that creates barriers, perpetuates stereotypes or promotes ignorance, is contrary to the mission of the district, shall not be tolerated, and pursuant to this policy, shall be prohibited. Confirmed violations of this policy may lead to disciplinary action, up to and including suspension and/or expulsion.
1. Access to Education Programs
CCS is an educational institution that is subject to Title IV, the Safe and Drug-Free Schools and Communities Act; Title VI of the Civil Rights Act of 1964; Title VII of the Elementary and Secondary Education Act; Title IX of the Education Amendments of 1972; the Violence Against Women Reauthorization Act of 2013, and Chapter 49.60 of the Revised Code of Washington. In accordance with these applicable state and federal laws and regulations, CCS is dedicated to providing equal access to its educational programs regardless of an individual’s status as a member of a protected class including race, creed, color, religion, national or ethnic origin, age, sex, marital status, pregnancy, parental status or families with children, status as a mother breastfeeding her child, AIDS/HIV or hepatitis C, honorably discharged veteran status, sexual orientation, gender identity or expression, disability, use of trained guide dog or service animal by a person with disability, genetic information, or other legally protected classifications.
2. Non-discrimination, Anti-harassment, Prohibitions on Sexual Misconduct and Reasonable Accommodation
a. CCS’s goal is to provide educational programs free from conduct or behaviors that constitute discrimination, harassment, sexual misconduct and/or retaliation. As a result, such conduct and behaviors are prohibited:
· On campus;
· While on property and facilities leased or used by CCS for any college- sponsored activity; and
· Off-campus when it adversely affects CCS’s educational environment and/or the pursuit of its objectives as set forth in its mission. This includes off-campus sexual violence involving a student for which CCS receives notice when such misconduct creates a hostile environment on campus or in off-campus education programs or activities.
i. Discrimination: Unfavorable treatment of a person based on that person’s membership or perceived membership in a protected class.
ii. Harassment: Discriminatory conduct that includes physical, verbal, or other conduct that denigrates or shows hostility toward an individual or group because of their legally protected or perceived membership in a protected class; and is sufficiently severe, pervasive, and objectively offensive so as to substantially interfere with the ability to study, participate in, or benefit from CCS’s educational programs and/or educational activities such that the person or group is effectively denied equal access/opportunities based on protected status.
iii. Sexual Harassment: Discriminatory conduct that includes unwelcome conduct of a sexual nature and may include unwelcome verbal, written and electronic communications; nonverbal conduct; and/or physical conduct of a sexual nature, including sexual assault. It may include gender-based harassment by a person of the same sex.
iv. Sexual Misconduct: Includes sexually violent conduct such as domestic violence, dating violence, stalking, nonconsensual sexual intercourse, and nonconsensual sexual contact.
b. Reasonable Accommodation: It is the policy of CCS, being aware of its obligations under Washington State Executive Order 96-04, chapter 49.60 RCW, the Americans with Disabilities Act of 1990 as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, to ensure students with disabilities the right to request and, where determined appropriate, receive reasonable accommodations. This includes good-faith consideration and interactive engagement regarding reasonable accommodation requests from all student applicants and students.
Actual or threatened retaliation or any act of intimidation against any participant (accused student, complainant, witness, investigator, and/or Title IX Coordinator) intended to prevent or otherwise obstruct the reporting, subsequent investigation, or enforcement of a complaint under this policy is prohibited.
4. Instructional Program
The Chancellor shall ensure CCS implements an instructional program that makes this policy and related complaint procedures generally known to employees and students. The instructional program will be consistent with applicable state and federal laws and will include prevention and awareness programs for all incoming students and new employees; and ongoing prevention and awareness programs for students and employees. Annual training shall also be given to CCS employees who investigate or participate in institutional proceedings on the issues of domestic violence, dating violence, sexual assault and stalking, on how to investigate, and how to conduct hearings in a manner that “protects the safety of victims” and “promotes accountability.”
5. Complaint Procedure
The Chancellor shall ensure that an internal complaint procedure(s) for filing complaints under this policy is implemented. The procedure(s) should include information regarding how students can file complaints and ensure complaints are reviewed, and if appropriate, investigated in a timely manner; that accurate records of all complaints, referrals, and investigative reports are kept consistent with applicable record retention schedules; and that following initial review or investigation of complaints, appropriate matters are referred to a Title IX Coordinator to review and determine what, if any, action is appropriate. The Chancellor shall designate at least one employee to coordinate CCS’s efforts to comply with and carry out the institution’s obligations related to its students under Title IX of the Education Amendments of 1972.
Adopted 7/19/2005, Effective 1/1/2006; Amended 1/19/2010; Amended 9/16/14, Motion #14-26
3.30.01 Administrative Procedures