Title IX

What is Title IX?

“No person in the United States 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.”

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits people from discrimination based on sex regardless of gender idenity or orientation in education programs or activities, which receives Federal funding. 

Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, domestic violence, dating violence, sexual assault, and stalking.

In addition to Title IX, State Center Community College District’s Student Code of Conduct along with its Nondiscrimination and Anti-Harassment Policy prohibit sex discrimination, sexual harassment, and sexual violence of any kind.

Retaliation against anyone who makes a complaint, who participates in any complaint-related process, or is perceived to have participated in any complaint related process, is not tolerated.

Anyone wishing to make a report or has questions relating to sexual discrimination, harassment, or misconduct should contact the Deputy Title IX Coordinator:

Gladdey Donsanouphit
1101 East University Ave
Fresno, CA 93741
559.244.2641
gladdey.donsanouphit@fresnocitycollege.edu

 

Title IX regarding pregnancy and childbirth

You should know that Title IX of the Education Amendments of 1972 ("Title IX") protects you from discrimination based on pregnancy, childbirth, and birth-related conditions, including recovery from childbirth. The College has an obligation under Title IX to make accommodations such as excusing absences because of pregnancy and childbirth, and allowing students to make up assignments, exams, and classroom exercises missed due to pregnancy or birth-related conditions.

If you need such an accommodation because of your pregnancy or birth-related condition, discuss it as soon as possible with your instructor. Your instructor should contact the College's Title IX coordinator to consult on the appropriate accommodation. You can also directly contact the College's Title IX Coordinator.

Instructional faculty, counselors, and administrators are expected to promptly notify and consult with the College's Title IX Coordinator upon receipt of any accommodation request from a student because of pregnancy or birth-related conditions.

For additional information, see the Department of Education Office for Civil Rights resource Know Your Rights: Pregnant or Parenting? Title IX Protects You From Discrimination At School

 

TITLE IX Regarding Athletics

Title IX and athletics have been closely tied together since the establishment of the law. Title IX provides equal opportunity for both men and women student athletes and coaches through addressing and working to prevent gender-based (sex) discrimination in athletic programs and activities.

The three main components of Title IX in athletics include participation, athletic financial assistance, and treatment in program areas. 

Title IX states that financial assistance (e.g. scholarships) should be proportionate to both male and female athletes.Title IX asserts that athletic budgets do not have to be equal, but must provide equal benefits.Title IX addresses and prevents gender-based discrimination.

Title IX ensures equal opportunity for both men and women in athletic programs through:

  • Coaching
  • Practice schedules
  • Game times
  • Tutoring and academic services
  • Travel, housing, and dining
  • Locker rooms, medical, and competitive facilities
  • Recruitment practices
  • Assignment, compensation, and office facilities for coaches
  • Publicity

For information related to Fresno City College's Title IX Data please view the federal government's Equity in Athletics Data Analysis Report (E.A.D.A).

 

STATEMENT OF COMPLIANCE OF TITLE IX GENDER EQUITY

Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Fresno City College campus strives to ensure that all students, faculty, and staff feel welcome and comfortable. Our goal is to go above and beyond what is required.

Also see Rights & Responsibilities

What Should I Do & How To Report

What to Do if You've Been Sexually Assaulted?


  • Go to a safe place. If you fear for your safety, call the police (911) immediately, especially if the assailant is nearby. 
  • Seek emotional care and support. Call a trusted person to whom you feel you can talk to about the situtation. 
  • Get medical attention as soon as possible to assess and treat any physical injuries and to collect evidence of the assault. 
  • Help preserve evidence. You do not have to decide immediately whether or not you want to pursue a criminal complaint. Collecting evidence immediately following an assault will be helpful if you decide to press charges later. 
  • Consider reporting the assault to the campus or Title IX Coordinator and/ or the police. 

Submitting a Title IX Complaint

Please see your options for reporting Title IX violations below. All reporting options, except for those listed under “confidential complaints” will prompt an investigation by the institution.

Timeliness

A complaint must ordinarily be filed within 180 days of the last act of harassment or discrimination. If your complaint involves matters that occurred longer ago than this, you will be asked to show good cause why you did not file your complaint within the 180-day period. Filing after the 180-day period does not necessarily relieve the District of its obligation to investigate.

FCC Title IX Reporting Form

Please note that these reports may prompt a need for the College to conduct an investigation.

For additional information, see the Department of Education Office for Civil Rights resource Know Your Rights: Pregnant or Parenting? Title IX Protects You From Discrimination At School


Reporting Options

Criminal Complaints and Reports

SCCCD Police Department
1940 N. Calaveras
Fresno, CA 93704
http://scccdpolice.com/
9-1-1 (Emergency on/off campus)
559-244-5911 (Non-Emergency)
Ext. 5911 from any campus phone

Fresno City Police Department
3502 N. Blackstone Avenue
Fresno, CA 93726
https://www.fresno.gov/police/
Police Contacts
559-621-7000 (Non-Emergency)
9-1-1 (Emergency on/off campus)

Clovis Police Department
1233 5th St.
Clovis, CA 93612
Please call or visit the Clovis Police Department and ask for a complaint form. 
A complaint form can be obtained in any of the following ways: 

  • You can contact us at 559-324-2400 and we will send you a form via regular mail. 
  • We can email you a complaint form you can print, fill out and mail to the department (you will need Adobe reader). 
  • Or you can come into the department and ask for a form at the front counter between the hours of 8:00 am to 3:00 pm, Monday through Friday.

Confidential Complaints and Reports

Student Reports

District Psychological Service Center Coordinator
Dr. Montano
559-442-8284
samuel.montano@fresnocitycollege.edu

Employee Reports

Employees on the District’s Health Insurance Plan:
Halcyon Employee Assistance Program (EAP)
24-hour service
559-751-0015 or 888-425-4800
www.halcyoneap.com
User Name: edcare

*Employees not on the District’s Health Insurance Plan, please see contacts in “Additional Resources and Information” section below.


The College's Responsibilities

  1. Respond promptly and effectively.
    If our college knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects. Even if you or your parent (in the case of a minor student) does not want to file a complaint or does not request that the college take any action on the student’s behalf, if your college knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation. A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably.
  2. Have and distribute a policy against Sex Discrimination.
  3. Have a Title IX Coordinator.
    The coordinator’s responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

Additional Resources and Information

Rape Counseling Service of Fresno, Inc.

Provides 24-hour crisis line, therapeutic counseling, and court advocacy, information, and referrals for children and adults.

259 N. Blackstone, Fresno, CA 937010 
24-Hour Hotline: (559) 222-RAPE (7273) 
Office: 497-2900

Office Hours: Mon.-Fri. 8AM-5PM

Marjaree Mason Center

Provides 24-hour crisis line, emergency shelter, court advocacy, counseling for adults and children and support groups.

1600 “M” Street, Fresno, CA 93721 
24-Hour Hotline: (559) 233-HELP (4357)
Office: (559) 237-4706

Office Hours: Mon.-Thru. 8AM-7PM, Fri. 8AM-5PM

RAINN (National Sexual Assault Hotline)

800-656-4673

Carmen Meza Center

Provides 24-hour crisis line, therapeutic counseling, and court advocacy, information, and referrals for children and adults.

838 “O” Street, Firebaugh, CA 93622 
24-Hour Hotline: (559) 222-RAPE (7273) 
Office: (559) 659-0232

Office Hours: Mon.-Fri. 8AM-5PM

Victim/Witness Assistance Center

Provides court advocacy, counseling referrals, emergency aide, and applications for Victims of Crime compensation funds.

2233 Kern Street, Fresno, CA 92721 
Office: (559) 488-3425

Office Hours: Mon.-Fri. 8AM-5PM

Hope for the Heart

800-488-4673
Crisis Text Line: Text “CONNECT” to 741741

Title IX - Rights & Responsibilities

Diversity, Equal Employment Opportunity, & Non-Discrimination

“No person in the United States 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.”

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.


Policies and Procedures

In addition to Title IX, State Center Community College District’s Student Code of Conduct along with its Nondiscrimination and Anti-Harassment Policy prohibit sex discrimination, sexual harassment, and sexual violence of any kind. Retaliation against anyone who makes a complaint, who participates in any complaint-related process, or is perceived to have participated in any complaint related process, is not tolerated.

Administrative Regulations

Student Code of Conduct

  • Administrative Regulation 5500 - Standards of Conduct
  • Administrative Regulation 5520 - Student Discipline Procedures

Nondiscrimination and Anti-Harassment Policies

  • Administrative Regulation 3410 - Nondiscrimination
  • Administration Regulation 3430 - Prohibition of Harassment
  • Administrative Regulation 3435 - Discrimination and Harassment Complaints

The Process

State Center Community College District has equitable procedures in place to promptly, thoroughly and fairly address concerns and complaints of harassment or discrimination, while being mindful of the rights of all parties. Both parties have an opportunity to meet (separately) with the Title IX Investigator to present their perspectives, provide witnesses or other information, to bring a representative to their meetings, to ask questions, and to seek clarification.

After a review of the information and facts of the complaint, the Title IX investigator will submit an investigation report with findings to college administration who will decide whether it is more likely than not that a violation of code or policy took place, and if appropriate, will issue sanctions. All parties will receive options for appeal.

Interim actions may be taken before any decisions on the alleged conduct are made. These are short-term, remedial measures to ensure the safety of all individuals involved and the fairness of the complaint process. These can include, but are not limited to no-contact orders, changes to on-campus housing, changes to class schedules or class activity, and suspension.


Your Rights

  • The college/district must conduct an adequate, reliable, and impartial investigation.
  • You have the right not to report to law enforcement.
  • You have the right to present witnesses and evidence.
  • You have the right to have a representative with you during any meetings.
  • The college/district must resolve the complaint based on a preponderance-of-the-evidence standard (what they think is more likely than not to have happened) or a clear and convincing evidence standard.
  • You have the right to be notified in writing of the general outcome of the complaint, any appeal rights, and any sanctions that directly relate to you.
  • You have the right to have any proceedings documented, which may include written findings of fact, transcripts, or audio recordings.
  • You have the right not to “work it out” with the alleged perpetrator in mediation.
  • The college/district must provide remedies as necessary.

Important notice to students regarding your rights under Title IX regarding pregnancy and childbirth

You should know that Title IX of the Education Amendments of 1972 ("Title IX") protects you from discrimination based on pregnancy, childbirth, and birth-related conditions, including recovery from childbirth. The College has an obligation under Title IX to make accommodations such as excusing absences because of pregnancy and childbirth, and allowing students to make up assignments, exams, and classroom exercises missed due to pregnancy or birth-related conditions.

If you need such an accommodation because of your pregnancy or birth-related condition, discuss it as soon as possible with your instructor. Your instructor should contact the College's Title IX coordinator to consult on the appropriate accommodation. You can also directly contact the College's Title IX Coordinator.

Terms & Definitions

Permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  • Consent may be withdrawn at any time.
  • Previous relationships or prior consent cannot imply consent to future sexual acts; this includes “blanket” consent (i.e., permission in advance for any/all actions at a later time/place).
  • Consent cannot be given by an individual who one knows to be – or based on the circumstances should reasonably have known to be – substantially impaired (e.g., by alcohol or other drug use, unconsciousness, or blackout, etc.).
  • Substantial impairment is a state when an individual cannot make rational, reasonable decisions because she/he lacks the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction).
  • This also covers individuals whose substantial impairment results from other physical or mental conditions including mental disability, sleep, involuntary physical restraint, or from the consumption of alcohol or other drugs.
  • Being impaired by alcohol or other drugs will never function as a defense for any behavior that violates this policy.

An individual cannot consent who has been coerced, including being compelled by force, threat of force, or deception; who is unaware that the act is being committed; or who is coerced by a supervisory or disciplinary authority.

 

Non-Consensual Sexual Contact: Any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force or coercion.

Non-Consensual Sexual Intercourse: Any sexual intercourse, however slight, with any object, by a person upon another person that is without consent and/or by force or coercion.

 

Unfairly treating an individual or group of individuals differently than others on the basis of sex or gender.  Sexual misconduct is a form of sex- and gender-based discrimination and includes pregnancy and parental status.

 

Conduct of a sexual nature or conduct based on sex or gender that is non-consensual or has the effect of threatening, intimidating, or coercing a person. Includes sexual harassment, sexual assault, domestic violence, dating violence, and stalking.  Sexual misconduct is a form of sex- and gender-based discrimination

 

Conduct based on sex which meets one of the following conditions:  1)  An employee of the institution conditioning the provision of aid, benefit, or service of the institution on an individual’s participation in unwelcomed sexual conduct (quid pro quo)  2) Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s educational program or activity; or  3)  Sexual assault, stalking, domestic violence, or dating violence.

 

An offense that meets the definition of rape, fondling, incest, or statutory rape as used in FBI Uniform Reporting System. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

 

Engaging in a course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.

 

Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

 

Violence committed by a person:  1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and  2) where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

 

Coercion is unreasonable pressure for sexual activity such as compelling another person to do something through emotional or physical pressure, threats, or other forms of intimidation. Real or perceived power differentials between individuals also may create an atmosphere of coercion that can significantly impair the ability to con­sent. Coercive behavior differs from seductive behavior based on the type of pres­sure someone uses to get consent from another. When someone makes clear to you that she/he does not want sex, that she/he wants to stop, or that she/he does not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

 

The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).

Note: There is no requirement that a party resists the sexual advance or requests someone to stop. Resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

 

Sexual exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • Engaging in voyeurism;
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Going beyond the boundaries of consent (e.g., letting others hide in a closet to watch you having consensual sex);
  • Invasion of sexual privacy;
  • Knowingly transmitting a sexually transmitted infection (STI) to another;
  • Non-consensual pictures, video-, or audio-recording of sexual activity;
  • Possession, use, and/or distribution of alcohol or other drug (e.g., Rohypnol, Ketamine, GHB, Burundanga, etc.) for the purpose of engaging in or facilitating any activity prohibited under this policy;
  • Prostituting another

 

Retaliation is any adverse action, taken against a person based on their participation in - or based on the perception that they are participating in, a protected activity such as a complaint or investigation.

 

 

Prevention Tips

  • Be aware of your situation and surroundings. 
  • Trust your feelings. If something feels wrongs, it probably is. Seek help as soon as possible. 
  • Be assertive and speak up. Clearly communicate your feelings to your partner and/or to the other person. 
  • Talk with your trusted persons about sexual assault and other forms of violence. 

  • Assertive Behavior
  • Awareness and assertive behavior may be your best defense against becoming an “easy target.”
  • Hold your head up; walk confidently, directly and at a steady pace.
  • If you feel you are in danger of being attacked try to escape the situation by running away from it if you can.
  • Try in any way you can to attract attention to yourself. Screaming “Call 911” or “Fire” is a good way to accomplish this.
  • If you are being followed, head for a well-lit area where you think there will be other people who may be able to help you.
  • Stay alert and aware. Know where the exits are if you are in a building. In crowded places such as nightclubs, always let someone know where you will be. Do not go to isolated places in a building, if you must go, take a friend. Always turn around and look at whoever may be behind you.
  • If you walk or jog for exercise, try to vary your route and time on the street. To be predictable is risky.
  • Take a self-defense course.
  • Trust your “gut instincts.” If a person, place or situation makes you uneasy, leave or change it immediately.
  • Use the emergency call boxes on campus. If you are on campus and do not have access to a phone, locate the “emergency call box” on campus to contact District Police whenever you feel unsafe.]
  • If you are in an emergency situation and have access to a telephone, contact District Police at 4911 or local law enforcement at 911.
  • Report any suspicious activity or persons on campus and/or off campus to the proper authorities immediately. Report any situation that is unsafe such as insufficient lighting, high bushes, broken locks and propped doors.

  • Always make sure you lock your car doors, whether or not you are in the car. Always check the floor and rear seat before getting into your car.
  • When returning to your car, make sure your keys are in your hand, ready for use in unlocking the door and turning on the ignition. They can also be used as a weapon, should that become necessary.
  • If you suspect that you are being followed while driving, keep on going — do not stop and pullover until you get to some place that is well lit and where there are other people to assist you. If possible, drive to the nearest police station to let them know you are being followed.
  • Avoid parking lots and garages that are poorly lit. Do not walk to and from your parked car alone if it is at night. Ask a group to walk together to the cars.
  • If your car should break down, raise the hood and remain in the car with the doors locked until the police arrive. If you have a cell phone, call someone for help or call 911. If someone should stop and offer to assist you, roll down the window just enough to tell them they can call the police for you.

 

  • Know your sexual limits. What you want is critical, and you need to know what that is. Be assertive about your limits. You have the right to say “no.”
  • Communicate your desires. Communication leads to stronger and more fulfilling relationships.
  • Avoid being alone in isolated locations. If someone is leading you toward a secluded area, try to get away as quickly as possible.
  • Rape can occur when one or both individuals are under the influence of drugs or alcohol. Set limits on alcohol consumption.
  • Be aware of “Date Rape” drugs. The drugs (Rohypnol, GHB) are odorless and tasteless and can be easily slipped into soft drinks, juices or alcoholic drinks undetected. Do not leave your beverage unattended or accept something to drink from someone you do not know well and trust.
  • Attend large parties with friends you can trust. Agree to “look out” for one another. Try to leave with your group, rather than alone or with someone you don’t know very well.
  • Don’t be afraid to “make waves” or hurt someone’s feelings if you feel they are threatening to you. Better a few minutes of social awkwardness or embarrassment than the trauma of sexual assault

 

  • Have good locks (dead bolts are best) installed on all doors and be sure to use them. Make sure all windows are locked and well secured.
  • Be sure you know whom you are opening your door to. If a sales or repair person is legitimate, they will not mind you asking to see identification and confirming their identity with the company they represent.
  • Residence hall staff and/or college employees will not mind identifying themselves when they knock on your door.
  • If a stranger comes to your door requesting assistance (e.g. to make a phone call, car trouble, etc) offer to call the necessary people for him/her. Do not make yourself vulnerable by opening your door to a stranger, especially if you live by yourself or are at home alone.
  • For women who live by themselves in a house or apartment, never advertise the fact by listing your full name in the phone book or on a mailbox. Use instead your first two initials, or even add another name.
  • Be cautious about revealing any personal information over the telephone and/or Internet.
  • Draw your curtains or blinds shut at night so people on the outside cannot determine who is in the residence.
  • Do not hide a spare key in obvious places such as under the mat, in a potted plant, in a fake rock or on the doorsill, etc. Residence hall students should keep their room keys in their possession at all times. Do not leave door keys hanging in locks or laying out in plain view of others. Always lock your doors after you enter your residence hall room/house/apartment and also when you leave.
  • Talk to roommates about the importance of everyone following the safety strategies at all times.
  • Do not prop open any doors to a residence hall, house or apartment building at any time.

 

You can take steps to increase your safety in situations where drinking may be involved. These tips can help you feel more safe and may reduce the risk of something happening. Though it is best to stay safe while under the influence of alcohol, it’s important to remember that sexual assault is never the victim’s fault, regardless of whether they were sober or under the influence of drugs or alcohol when it occurred.

  • Keep an eye on your friends. If you are going out in a group, plan to arrive together and leave together. If you decide to leave early, let your friends know. Don’t be afraid to let a friend know if something is making you uncomfortable or if you are worried about their safety.
  • Have a backup plan. Sometimes plans change quickly. You might realize it’s not safe for you to drive home, or the group you arrived with might decide to go somewhere you don’t feel comfortable. Keep the number and/or app for a reliable taxi/Uber/Lyft company saved in your phone and on a piece of paper in your wallet and try to have cash on hand. To help keep your phone charged so you can stay in communication with friends or call a ride, consider bringing an external cell phone charger that can be used without an electrical outlet.
  • Know what you’re drinking. Consider avoiding large-batch drinks like punches that may have a deceptively high alcohol content. There is no way to know exactly what was used to create these drinks.
  • Don’t leave a drink unattended. That includes when you use the bathroom, go dancing, or leave to make a phone call. Either take the drink with you or throw it out.
  • Don’t accept drinks from people you don’t know or trust. This can be challenging in some settings, like a party or a date. If you choose to accept a drink from someone you’ve just met, try to go with the person to the bar to order it, watch it being poured, and carry it yourself.
  • Check in with yourself. You might have heard the expression “know your limits.” If you think you have had too much to drink, ask a trusted friend to help you get water or get home safely.
  • Be aware of sudden changes in the way your body feels. Do you feel more intoxicated than you are comfortable with? Some drugs are odorless, colorless and/or tasteless, and can be added to your drink without you noticing.
  • If you feel uncomfortable, tell a friend and have them take you to a safe place.
  • If you suspect you or a friend has been drugged, call 911, and tell the healthcare professionals that you suspect you or a friend have been drugged so they can administer the right tests.

 

 

Training Materials

Title IX Coordinators, Investigators, and administrators attend training and are certified by ATIXA, a leading Title IX compliance association.  

You may review training materials by visiting ATIXA's website.