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Title IX (1972) is a federal (national) law that serves as a powerful tool for combating campus violence.
Title IX (1972) is a federal (national) law that serves as a powerful tool for combating campus violence. The law requires colleges and universities that receive federal funding to combat gender-based violence and harassment, and respond to survivors’ needs in order to ensure that all students have equal access to education.
Title IX forbids sex discrimination in all college student services and academic programs including, but not limited to, admissions, financial aid, academic advising, recreational services, Registrar's office, classroom assignments, grading and discipline. Title IX also forbids discrimination because of sex in employment and recruitment consideration or selection, whether full time or part time, under any education program or activity operated by an institution receiving or benefiting from federal financial assistance. Any sexual violence or physical abuse, as defined by law, whether committed by an employee, student, or member of the public, occurring on college controlled property, at college-sponsored or supervised functions, or related to or arising from college attendance or activity is a violation of policy and regulations, and is subject to all applicable punishment, including criminal and/or civil prosecution and employee or student discipline procedures.
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.
As a student or employee, you can take action to stop sexual misconduct and violence. Learn more about how you can make a difference: KNOW YOUR IX: Empowering Students to Stop Sexual Violence.
ACTUAL KNOWLEDGE, DELIBERATE INDIFFERENCE, AND SUPPORTIVE MEASURES
Actual knowledge and deliberate indifference govern when and how a college must respond to reports of sexual harassment.
- Actual knowledge means a mandated reporter (i.e. college employee) has notice of sexual harassment or allegations of sexual harassment.
- Deliberate indifference is defined as actions that clearly unreasonable in light of the known circumstances. Platt College will conduct a fact-specific inquiry, but will act with promptness, impartiality, freedom from conflicts of interest and exercising adherence to policies and procedures.
Supportive measures at Platt College are defined as non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent. Supportive measures are designed to preserve the complainant's access to education without unreasonably burdening the respondent. Supportive measures are corrdinated by Michael Vigil, the Title IX Coordinator and are kept confidential to the extent reasonably possible. Supportive measures will be offered and documented to the complainant and the respondent.
DEFINITIONS AND EXAMPLES OF TITLE IX VIOLATIONS
Education Program or Activity
- An education program or activity includes any event or circumstance where the College exercises substantial control over both the respondent and the context.
- Any building owned or controlled by a student organization that is officially recognized by the College is considered under the substantial control of the College.
Gender Discrimination is defined as the following by Title IX:
- Gender discrimination is defined as the following by Title IX:
- Discrimination or harassment based upon one's gender (sex)
- Unfair treatment, attitudes, or behaviors towards an individual based upon their gender (sex)
- Gender identity discrimination as covered by Title VII
- Sexism, sexist attitudes, and sex stereotyping
- Unproportionate athletic programs or activities offered to all genders in relationship to the college's enrollment
- gender-based bullying
- derogatory or sexist remarks
- gender discrimination in an activity, athletics, program, office, or classroom
Sexual Harassment is defined as the following by Title IX:
- Unwanted sexual behavior, advances, or requests for favors
- Unwelcomed verbal, visual, or physical sexual conduct
- Offensive, severe, and/or frequent remarks about a person's sex
- Harassment of a sexual nature which interferes with an individual's right to an education and participation in a program or activity
In the new August 2020 regulations the definition of sexual harassment now includes three types of sex-based content:
- Title IX covers quid pro quo harassment, when a college employee conditions access to educational benefits on unwelcome sexual conduct.
- Sexual harassment includes unwelcome conduct that a reasonable would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College' education program or activity.
- And the new definition includes four components from the Clery Act and VAWA: sexual assault, domestic violence, dating violence, and stalking. These additions clarify that one severe incident (even if not pervasive) can qualify as Title IX sexual harassment if it falls within any of these definitions.
- stalking or obscene phone calls, texts, emails, or gestures
- sexually suggestive jokes, whistles, catcalls, or innuendos
- inappropriate touching
Sex Violence is defined as the following by Title IX:
- Sexual abuse or assault, battery, or coercion
- Unwanted sexual contact that stops short of rape or completed rape
- Use of force or manipulation of unwanted sexual activity
- Physical acts where a person is incapable of giving consent or is against a person's will
- sexual assault, battery, or coercion
- attempted or completed rape
- inappropriate touching
- physical and/or aggressive sexual advances
Retaliation is defined as the following by Title IX:
- A strike back in response to another's action or accusation
- a form of revenge or reaction because of a filed complaint against a person
- refusal to promote, advance, or accurately support/qualify a person due to a complaint filed
- demotion or prohibiting advancement due to a filed complaint
- firing, loss of benefits, or the like due to a filed complaint
- unfair treatment or discrimination due to a filed complaint
Hostile Environment is defined as the following by Title IX:
- A situation of discriminatory or sexual nature that has occurred and created a adverse setting
- An intimidating or offensive environment that causes a person to be fearful
- A setting that denies, limits, or interferes with a person's ability to participate in or benefit from a program, activity, or job
- Bullying, abusive or intimidating comments and actions
- Intimidating or offensive comments that alter the conditions of a person's work, classroom, team, or program environment
- Continual offensive comments or surroundings of a discriminatory or sexual nature
These definitions cover conduct by employees against other employees-not just conduct directed at students.
EQUITY AND INCLUSION
According to the Association of American Colleges & Universities, Inclusive Excellence is:
- “...an active process through which colleges and universities achieve excellence in learning, teaching, student development, institutional functioning, and engagement in local and global communities” (AACU, 2016, para. 2). References: Association of American Colleges & Universities. (2016). Making excellence inclusive.
In 2008, Platt College created a standing committee, the Diversity Committee, to assist in the development of plans, strategies, and initiatives to encourage increased diversity in the enrollment of the college and involvement in the college by diverse individuals at all levels of the institution. The diversity committee consists of 1 faculty member, 2 staff members, and 3 students. The committee is currently chaired by Barb Jones, Executive Administrative Assistant. In 2020, the Committee name was officially changed to the Equity and Inclusion Committee to encompass underrepresented students, faculty, and staff to support equity and social and racial justice.
The Equity and Inclusion Committee's purpose at Platt College is to foster and promote an inclusive environment. We are committed to recruiting and retaining outstanding faculty, staff and students from varied backgrounds. We are committed to encouraging faculty, staff and students to cultivate an environment of diversity and inclusion, which are essential for strengthening our core values, our holistic awareness and our success in embracing everyone.
The Committee has focused on three objectives:
- Objective 1: Develop an inclusive and widely shared understanding of equity on campus
- i. Develop a concise institutional definition of equity for the College. Communicate the definition to include a mutual and shared understanding.
- ii. Publish the definition in marketing
- Objective 2: Strength and sustain a campus climate that prepares students for success in a globally connected and increasingly diverse environment
- i. Host two lunch seminars annually for continuity of discussions regarding equity and inclusion.
- ii. Incorporate equity and inclusion education through the Learning Resource Center featuring a new subject quarterly.
- iii. Provide a mechanism for any student, faculty, or staff member to present an idea for an activity regarding equity and inclusion through the committee.
- Objective 3: Create a program to recognize and reward departments and individuals for innovative approaches that help improve the campus climate
- i. Recognize and reward students, faculty, and staff for outstanding contributions to equity and inclusion initiatives.
- ii. Develop celebratory events annually to demonstrate the College's commitment to equity and inclusion.
FORMAL COMPLAINTS VS. REPORTS
A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that recipient investigate the allegation of sexual harassment. Only individuals who are students, employees, and applicants many file a formal complaint. The formal complaint must contain the complainant's signature (written or electronic). Filing a formal complaint triggers the Title IX Coordinator's duty to initiate the grievance process.
Platt College has an obligation to respond after receiving any report of sexual harassment. A report is defined as a report of sexual discrimination (sexual harassment included) made by any person, at any time, and by any means (i.e. in person, by phone, mail, or email) that results in the Title IX Coordinator receiving the person's verbal or written report. Reports are not limited to campus community members (i.e. students, employees) and may come from others, such as an on-campus visitor.
Once a report has been received, the Title IX Coordinator will:
- contact the complainant if that person is identified
- offer the complainant supportive measures
- explain the process of filing a formal complaint
- explain that supportive measures can be available with or without a formal complaint
- consider the complainant's wishes with regard to supportive measures
- contact the respondent, who must also be offered supportive measures, and
- if supportive measures are not provided to the complainant, the Title IX Coordinator must document why s/he did not provide the complainant with supportive measures and why not providing such measures is not deliberately indifferent.
FAQS REGARDING ASSAULT/HARRASSMENT
Q: Which College policy prohibits sexual assault?
A: Policy 03:22:00 Non-Discrimination Policy for Students and Policy 05:16:00 Non-Discrimination Policy for Employees explains the procedure relative to the orderly resolution of complaints of sexual or racial harassment at Platt College. Fair and prompt consideration shall be given to all complaints of harassment in accordance with the procedures set forth below. These procedures may be utilized by any employee, applicant for employment or student who believes he or she has been subjected to sexual or racial harassment
Q: What is sexual violence?
A: Sexual violence includes sexual assault, sexual battery and sexual coercion. All such acts are forms of sexual harassment and covered under Title IX.
Q: How do I know if I’ve been sexually assaulted?
Generally, sexual assault is any unwanted, non-consensual sexual contact against any individual by another. Sexual assault can occur either forcibly (against a person's will) or when a person cannot give consent (under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc.). Sexual assault is a general term which covers a range of crimes, including rape. Sexual assault is defined by the State of Colorado.
Q: How do I know if I’ve been sexually harassed?
Platt College defines Sexual Harassment as a form of sex discrimination according to Policy 03:22:00 Non-Discrimination Policy for Students and Policy 05:16:00 Non-Discrimination Policy for Employees. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct is so frequent or severe that it explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work or educational performance, or creates an intimidating, hostile or offensive work environment.
Q: What is a sexually hostile and intimidating work environment?
Behaviors that may contribute to a hostile environment include, but are not limited to:
- verbal, non-verbal, and physical sexual behaviors
- coerced sex
- sexual jokes and innuendoes
- remarks about a person's body
- turning discussions inappropriately to sexual topics
- whistling or cat calls
- looking a person up and down or staring in a sexually suggestive manner
- invading someone's personal space or blocking her/his path
- sexually explicit visuals such as pin-ups
- suggestions of sexual intimacy
- repeated requests for dates
- unwanted letters, electronic mail or other computer communications
- unwanted gifts
- touching, hugging, massaging, and other gestures or sounds that a reasonable person of the same sex as the recipient would find offensive
It is important to be aware that in many instances, the intentions of the accused may be regarded as irrelevant in determining whether her/his behaviors constitute sexual harassment; it is the effect of the behavior on the recipient that may define a hostile environment.
Q: What should I do if I think I’ve been sexually harassed or victimized?
Any current student, applicant for employment or current employee who believes he or she has been subjected to harassment at Platt College or who believes that he/she has observed harassment taking place shall present the complaint to the the Title IX Coordinator, Michael Vigil who is responsible for compliance with Title VII of the Civil Rights Act of 1964, Title VI, or Title IX of the Education Amendments of 1972.
Q: Can I be sexually assaulted by my boyfriend, girlfriend, friend or acquaintance?
A: Yes. The definition is the same regardless of who the perpetrator is – if there was no consent, there is sexual assault.
Q: Are women the only victims of sexual harassment or sexual violence?
No, both females and males can be victims of sexual harassment and/or sexual violence.
Q: Is it possible to be sexually harassed/assaulted by someone of the same gender?
Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant.
Q: If I think I’ve been victimized and I don’t feel safe, what can I do?
Find a safe place away from the assailant and call 911.
Q: What is the best way to prevent sexual harassment?
Know your rights. Members of our College community have the right to work and learn in an environment that is free from verbal or physical sexual conduct which might either interfere with an individual's performance, or create a work or educational climate that is hostile, intimidating, or offensive, whether that conduct originates with an instructor, a supervisor, or a peer.
Q: How can violence that happens during my relationship be sexual assault or sexual harassment?
A: Relationship violence may be sexual assault or sexual harassment under College policy when harm or abuse, or threats of harm or abuse, arising within or from the personal, intimate relationship (or previous relationship) meets the definition of sexual harassment: the conduct is unwelcome, sexual in nature, and so severe, persistent, or pervasive that a reasonable person would find that it altered their educational or work experience
Q: When does sexual assault violate the Sexual Harassment Policy?
A: Sexual assault is a form of sexual harassment. Sexual harassment, according to Policy 03:22:00 Non-Discrimination Policy for Students and Policy 05:16:00 Non-Discrimination Policy for Employees may be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one of the following criteria is met:
- submission to such conduct is made either explicitly or implicitly a term or condition of the individual's employment or of the individual's status in a program, course or activity;
- submission to or rejection of such conduct by an individual is used as a basis for employment decisions, a criterion for evaluation, or a basis for academic or other decisions affecting such individual; or
- such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment.
Sexual harassment can take many forms, but most sexual harassment falls into three categories: verbal, visual, and physical.
Q: Is my report or complaint confidential?
A: A complainant may make a request for confidentiality/privacy at any point. This type of request means that the complainant does not want their identity known to the respondent and witnesses, or that the complainant wishes to withdraw a report. If at any point the complainant requests privacy, the College will make all reasonable attempts to comply with this request. In situations where a complainant requests privacy, the College’s ability to investigate and respond to the allegations may be limited. The College is required by Title IX to weigh the complainant’s request for confidentiality with the College’s commitment to provide a reasonably safe and non-discriminatory environment.
Q: What if I don’t want an investigation or disciplinary process to take place? Do I have a say as to whether the processes happen?
A: It is the obligation of the Title IX Coordinator to ensure that all reports of gender-based misconduct are investigated as required by Title IX. Therefore, the Coordinator will ask that an investigation occur to the extent of the information available.
Q: Can I just talk with someone about the policy and procedures without making a report?
A: Yes. Students may speak with administrators in hypotheticals so that they can learn about their options without explicitly making a complaint. Additionally, a student may contact the Academic Support and Career Services Coordinator to learn about available professional help (i.e., counselors, clergy, medical-care providers, and rape-crisis counselors) to learn more about the policy and procedures before making a formal report. However, as a general matter, any College employee informed of an allegation of gender-based misconduct against a student is expected to file a report with the Title IX Coordinator.
Q: Who can I talk to about this process while it is taking place?
A: Students are encouraged to seek appropriate support off-campus. Confidential on-campus referrals include counseling services, medical care providers, the Rape Crisis Support Center, and clergy members.
Q: What is a Title IX Coordinator?
A: The Federal Regulations accompanying Title IX state:
Each recipient of federal funds shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance. At Platt College, Michael Vigil, Financial Aid Officer serves as the Title IX Coordinator.
Michael Vigil, Financial Aid Officer
The President, Dr. Julie Basler, serves as the Deputy Title IX Coordinator.
Dr. Julie Basler, President
Please Note: Title IX Coordinators and Deputy Coordinators are not a confidential source of support. While they will address your complaint with sensitivity and will keep your information as private as possible, confidentiality cannot be guaranteed.
Q: How are Platt College students and employees notified of Title IX?
Students and employees are notified annually via email on October 1 or the next business day thereafter. Additionally, information regarding Title IX is public on the College's website.
Equal Opportunity Statement
The college provides equal opportunity in education and in employment per state and federal law. The college prohibits discrimination against any person on the basis of race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition (cancer related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services in educational and employment opportunities. For questions about our nondiscrimination policy or gender equality, contact our Title IX Coordinator, Michael J. Vigil or by e-mail at [email protected]
Platt College does not discriminate on the basis of race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition (cancer related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services in educational and employment opportunities, and is committed to the education of a non-racially identifiable student body.
POLICIES RELATED TO TITLE IX
Platt College prohibits sexual harassment and misconduct according to Policy 06:01:00 Sexual Misconduct, Policy 03:22:00 Non-Discrimination Policy for Students and Policy 05:16:00 Non-Discrimination Policy for Employees. Sexual harassment is a term with a specific legal connotation. It encompasses a broad range of behavior that includes all forms of sexual misconduct and sexual violence. Sexual Violence refers to sexual acts committed against a person's will, or where the person is incapable of giving consent because of incapacitation, unconsciousness, or any circumstance rendering one unaware that sexual activity is occurring. Sexual harassment includes but is not limited to sexual assault, sexual exploitation, stalking, cyber-stalking, bullying and cyber-bullying, aiding or facilitating the commission of a violation, and retaliation.
Consistent with the values of an educational and employment environment free from harassment based on sex, the College also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Policy Quick Links:
Policy 02:26:00 Student Standards of Conduct
Policy 03:22:00 Non-Discrimination Policy for Students
Policy 05:16:00 Non-Discrimination Policy for Employees
Policy 06:01:00 Sexual Misconduct
On March 7, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. Law 113-4) which, among other provisions, amended section 485(f) of the Higher Education Act of 1965, as amended (HEA), otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). VAWA amended the Clery Act to require institutions to compile statistics for incidents of domestic violence, dating violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports (ASRs).
Platt College adheres to the VAWA of 2013 and includes annual security reports online to students, employees, prospective students, and the general public.
Filing a Complaint
Who can file a complaint?
Any person that has witnessed or experienced gender-discrimination, sexual harassment, or sex violence can file a complaint. Platt College takes every report seriously, investigates the complaint, and works to protect the complainant and quickly find resolution.
How To File a Complaint
There are several ways to file a complaint dependent on which agency you would like to submit the report to. Often, the differing agencies will cooperatively work to investigate and resolve the situation.
Contact the Title IX Coordinator with your complaint:
What happens after you file a complaint?
An investigation plan is put into immediate action once you file a complaint.
This may or may not include the following:
- Interview with the reporter
- Interview with the witness(es)
- Interview with the perpetrator
- Reported resolution
Privacy and Confidentiality
Protection and Privacy
Platt College and the Title IX investigation team works to ensure your privacy and confidentiality is maintained as governed by the law.
Title IX law states that the college is to take immediate action when a complaint is made into both investigation of the case as well as to protect the complainant. Platt College and the Title IX team will meet with each individual to determine necessary protective steps needed.
Common Fears When Reporting
It can often feel uncomfortable to submit your name on a report or filed complaint. Platt College works to maintain confidentiality and privacy in all Title IX reports and to protect the complainant and/or reporter. Although there are degrees in which Platt College can maintain the anonymity of one's name, it is important to provide contact information when reporting so that an immediate and thorough investigation of the incident may occur.
Unsure that resolution will take place
It is common to fear filing a complaint because of the concern that no action or resolution will take place. However, the law requires the college to take immediate action and see the case through to resolution.
Safety for attending class, program activity, or scheduled work
When reporting a Title IX incident fear of returning to the location or seeing the perpetrator again can cause fear and anxiety. It is the law and commitment of the college to create a safe environment and to take necessary actions in order to ensure that each person has access to education and the workplace.
It is not unusual to wonder what actions the perpetrator may take once they have learned a complaint has been filed against them. According to Title IX law, it is illegal for a person to retaliate in any form due to a reported and filed complaint. If retaliation takes place, it is the college's responsibility to take immediate action to stop the action(s).
Platt College's Responsibilities
- Fairly, equitably, and immediately investigate all complaints
- Protect the complainant
- Ensure confidentiality
- Take immediate and effective steps to resolve the situation equitably
- End the violence
- Determine strategies to prevent recurrence
- Address the effects
Student and Employee Responsibilities
Wondering if sexual harassment has occurred?
If you can answer "yes" to any one of the questions below, you may have witnessed or experienced sexual harassment. For your protection and for future prevention say something immediately: contact Michael Vigil., at 303-369-0553 by email at [email protected]
- Were there unwanted requests or unwelcomed behavior of a sexual nature?
- Were there unwelcomed comments about an individual's body, sexual activity, or sexual attractiveness?
- Did sexually suggestive touching, leering, gestures, sounds, comments, stalking, intimidation, or displays of sexually suggestive objects take place?
How can YOU prevent discrimination, sexual harassment, and sex violence on campus?
- Promptly report any discrimination, sexual harassment, or sex violence.
- Listen, observe, and stay informed.
- Ask yourself...
- Was my or the individual's behavior appropriate?
- Was my or the individual's behavior welcomed?
- Was my or the individuals behavior offensive?
- Say "NO"! Tell the harasser to stop and that their behavior is unwanted and unwelcomed.
- Report, not retaliate. Retaliation, threats, or other forms of intimidation are illegal and will not be tolerated.
- Technology. Appropriately use your technological devices including calls, texts, posts, or emails.
- Joking. Remember that derogatory or suggestive jokes at another's expense is always inappropriate.
SUPPORT AND RESOURCES
Helpful Links Available for Students and Employees Regarding Title IX
TITLE IX RESOLUTION PROCESSES
At Platt College, the following individuals serve as advisors, investigators, decision maker:
- Advisor(s): Title IX Coordinator
- Investigator(s): Dean of Nursing and/or Associate Dean of Nursing
- Decision Maker(s): President and/or CFO
With the exception of cases involving allegations that a Platt College employee has sexually harassed a student or where a formal complaint of sexual harassment has been filed, both parties may voluntarily and mutally agree in writing to engage in an informal realoution process to resolve the complaint. Meditation or restorative justice may serve as an alternatiuve to a live-hearing process.
The final rule requires Platt College to investigate and adjudicate formal complaints of sexual harassment using a grievance process that must:
- Give all parties written notice of the allegations, an opportunity to select an advisor, and an opportunity to submit and review evidence throughout the investigation.
- Provide parties at least 10 days to inspect, review, and respond to all evidence directly related to the allegations prior to the completion of the investigative report.
- Utilize trained Title IX personnel to objectively investigate all reports of sexual harassment.
- Create an investigative report that summarizes the relevant evidence.
- Provide parties at least 10 days to review and provide a written response to the investigative report.
- Provide for a live hearing, as set forth below.
- Apply a presumption of innocence on the respondent during the grievance process and utilize either a preponderance of the evidence or a clear and convincing evidence standard in making findings. Platt College must use the same standard for all formal complaints of sexual harassment.
- Keep the burden of proof and the burden of gathering evidence on the institution, not the parties.
- Ensure the investigator is a different person than the final decision maker in a formal complaint.
- Prohibit any inappropriate questioning about prior sexual history and protect the privacy of a party’s medical, psychological, or similar treatment records.
- Provide a written determination with an analysis as to how the conclusion was reached.
- Offer an opportunity to appeal a final determination. An appeal can be filed on the following bases: procedural irregularity, newly discovered evidence, and/or bias of the Title IX personnel that affected or could affect the outcome of the matter. A covered entity may also add other rights to appeal, so long as the other bases are available to all parties.
- Provide protection from retaliation for any individual that participates in a Title IX grievance process.
- Post all Title IX training materials on the College’s website.
Covered entities may, in their discretion, dismiss a formal complaint or allegations therein if the complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein, if the respondent is no longer enrolled or employed by the College, or if specific circumstances prevent the institution from gathering evidence sufficient to reach a determination as to the formal complaint. Further, if the conduct alleged would not constitute sexual harassment under Title IX if proved, did not occur as part of an education program or activity, or did not occur in the United States, the College must dismiss the formal complaint for the purposes of sexual harassment under Title IX, but the dismissal does not preclude the institution from taking action under its code of conduct or policies.
Live Hearing Requirement
Platt College must “provide for a live hearing,” which can be conducted in person or virtually. A recording or transcript of the hearing must be created. At the hearing, both parties must be provided an advisor for the purposes of conducting cross-examination “directly, orally, and in real time.” Cross-examination must not be conducted directly by the party. If a party does not have an advisor present at the live hearing, the institution must provide an advisor free of charge. At the request of either party, the parties shall be separated with the utility of technology to enable the parties to see and hear one another as needed from different rooms.
During the hearing the final decision maker will have the right to determine the relevancy of any questions asked on cross-examination and can exclude any irrelevant questioning. If a party or witness “does not submit to cross-examination,” the final decision “must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw any inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.”
Investigation, sanctions, remedies, and any other pertinent paperwork involving an informal complaint or formal complaint process will be confidentially kept on file for a period of three years from the date of filing or informal report.
TRAINING AND ACTIVITIES
WHAT TO DO IF I HAVE BEEN ASSAULTED
1. Get to a safe place.
It may be helpful to contact a trusted friend to stay with you for support.
2. Seek medical attention at the closest medical emergency department or call law enforcement.
The Colorado Coalition Against Sexual Assault (CCASA) is a membership organization promoting safety, justice and healing for survivors while working toward the elimination of sexual violence. The CCASA provides a list of health care providers that help victims of sexual assault.
3. Preserve any evidence.
Place your clothing and other items (sheets, blankets) in a brown paper (not plastic) bag. Avoid drinking, bathing, showering, douching, brushing your teeth, using mouthwash, combing your hair or changing your clothes. Physical evidence will be collected if you choose to visit an Emergency Room. Write down, or have a friend write down, everything you can remember about the incident. You should attempt to do this even if you are unsure at the moment if you are planning on reporting the incident in the future.
4. Report the incident by calling law enforcement.
Emergency Assistance 911
Aurora Police Department 303-739-6000
5. Talk about the incident
Remember that being a victim of sexual assault is not your fault. You are not responsible for the actions of others and it is not your fault that someone decided to hurt you. Talking with supportive people may help you regain a feeling of control and help you feel less alone (regardless of whether you are ready to report the incident to law enforcement.)