Part A: Policy

Saint Mary’s College of California (also referred to as “SMC” and “the College”) is a student-centered learning community committed to transformative, equitable, and inclusive teaching, the passionate pursuit of knowledge, and expansive access to a practical education that empowers students to make lasting change in the world.

We strive to provide a safe environment in which students and employees can pursue and thrive in their education and employment. We recognize laws and regulations create a baseline; the College affirms its commitment to positive compliance with such laws and the Lasallian Core Principles. It will continue to build above that baseline, creating and sustaining a safe, inclusive, and respectful environment free from sex-based discrimination, sex-based harassment, sexual violence, and retaliation. The Sex/Gender-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy (hereafter, “Policy”) has been developed to reaffirm these principles, educate members of our campus community about these issues, and provide a means of recourse for SMC community members who believe they have experienced such behavior.

Title IX of the Education Amendments of 1972

Saint Mary’s College of California does not discriminate in its admission practices except as permitted by law, in its employment practices, or in its educational programs or activities based on sex/gender.

As a recipient of federal financial assistance for education activities, the College is required by Title IX of the Education Amendments of 1972 to ensure that all its education programs and activities do not discriminate based on sex/gender. The College also prohibits retaliation against any person opposing discrimination or participating in any investigation or complaint process, internal or external to the institution. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and College policy.

Any member of the SMC community who acts to deny, deprive, or limit the educational, employment, residential, or social access, opportunities, and/or benefits of any member of the College community based on sex is in violation of the Sex/Gender-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy.

The College will act on all notices of allegations of discrimination or harassment based on sex/gender, and other forms of sexual misconduct. It will take necessary measures to end conduct that is in violation of this Policy, prevent its recurrence, and remedy its effects on individuals and the community. Within any process related to this Policy, the College provides reasonable accommodations to persons with disabilities and reasonable religious accommodations, when that accommodation is consistent with state and federal law.

Situations involving other behavior that may be in violation of other College student or employee handbook conduct policies should be reported to the Office of Community Life for matters involving students, and Human Resources for matters involving employees. For further information on Title IX, please contact the Saint Mary’s College of California Title IX Coordinator or Assistant Secretary of Education within the Office for Civil Rights (OCR).

Saint Mary’s College’s primary concern is student and employee safety, and the core purpose of this Policy is the prohibition of discrimination based on sex/gender. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admissions, athletics, or employment. At other times, discrimination takes the form of harassment, or in the case of sex-based harassment, it can encompass sexual assault, dating violence, domestic violence, sexual exploitation, or stalking. When an alleged policy violation is reported, the allegations are subject to resolution using the College’s Resolution Processes outlined within this Policy.

When the Respondent is a member of the SMC community, a Formal Complaint may be filed and a resolution process may be available regardless of the status of the Complainant, who may or may not be a member of the SMC community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, vendors, and contractors. The procedures below may be applied to incidents, to patterns, and/or to the institutional climate/culture, all of which may be addressed and investigated in accordance with this Policy.

The College recognizes that reports and/or Formal Complaints under this Policy may include multiple forms of discrimination and/or harassment, as well as violations of other College policies; may involve various combinations of students, employees, and other members of the College community; and may require the simultaneous attention of multiple College departments. Accordingly, College departments may share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable College policies, to provide uniform, consistent, efficient, and effective responses to the alleged discrimination, harassment, other misconduct, or retaliation.

Saint Mary’s College provides this policy and procedures on its website and a link in each handbook or catalog provided to applicants for admission and employment, students, employees, and all unions holding collective bargaining agreements with the College. Saint Mary’s College also provides this policy and procedures to each volunteer who regularly interacts with students and each individual or entity under contract with the College to perform any service involving regular interaction with students at the institution.

The College provides training to all employees on the identification of sexual harassment, including the person to whom it should be reported.

The Title IX Coordinator oversees the Title IX Support and Compliance Office (“TIXSCO”) and implementation of Saint Mary’s College of California’s Sex/Gender-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy.

The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to intake, investigation, resolution, and implementation of supportive measures to stop, remedy, and prevent sex/gender-based discrimination and harassment, sexual misconduct, and retaliation prohibited under this Policy. The Title IX Coordinator understands how the institution’s grievance procedures operate and has received training on what constitutes sexual harassment and trauma-informed investigatory and hearing practices.

Saint Mary’s College of California’s Title IX Coordinator’s name and contact information is below.

JESS VARGA (she/her)

Title IX Coordinator and Compliance Officer

Title IX Support and Compliance Office

Mailing Address: 1928 St. Mary’s Road, Moraga, CA 94575

Office Location: Dante Hall 112

Direct Phone: (925) 631-4055

Direct Email: jev7@stmarys-ca.edu

Website: www.stmarys-ca.edu/about/title-ix

All parties will be provided with an electronic copy of this Policy detailing options and resources, which the Title IX Coordinator may also review with parties in person.

Additional Administrative Contact Information

Complaints or notices of alleged policy violations, concerns, or questions regarding policy and procedures, in addition to the Title IX Coordinator (contact information directly above) may also be made internally to:

Kami Gray (she/her) Liaison for Athletics

Deputy Associate Director for Internal Operations/Senior Women’s Administrator

Madigan Gym, 1^st Floor; (925) 631-4521; kgray@stmarys-ca.edu

Travis Mason (he/him) Liaison for Students

Associate Dean of Students/Director of Community Life

Ferroggiaro Hall, 2^nd Floor, Suite 200; (925) 631-4238; tlm12@stmarys-ca.edu

Angela Street (she/her) Liaison for Employees

Director for Employee Relations and Leadership and Development

Filippi Administration Hall, Garden Level; (707) 415-9780; aas32@stmarys-ca.edu

Officials with Authority (OWA)

In addition to notices or reports made to the Title IX Coordinator, or liaisons, individuals may make a report to the President of Saint Mary’s College, to any member of Senior Leadership (persons in the below roles), or to any of the Academic Deans.

• President
• Executive Vice President and Provost
• Vice President for Strategic Partnerships and Advancement
• Vice President for Facilities Services
• Executive Assistance to the President
• Chief Marketing and Communications Officer
• Chief Information Officer
• Vice President for Finance and Administration
• Vice President for Intercollegiate Athletics
• Associate Vice President and Senior Diversity Officer
• Vice President for Student Life
• Vice President of Enrollment Management
• Vice President for Mission 
• Academic Deans: www.stmarys-ca.edu/about/leadership/academic-deans

The College has also classified most employees as Mandated Reporters of any knowledge they have that a member of the community is experiencing or has experienced discrimination or harassment based on sex or gender, other sexual misconduct, and/or retaliation. The section below on Mandated Reporters details which employees have this responsibility and their duties, accordingly.

External Reports and Inquiries:

The College’s resolution procedures are administrative in nature and are separate and distinct from the criminal and civil legal systems. Pursuing resolution through these procedures does not preclude someone from pursuing legal action now or in the future or seeking recourse through state and federal agencies. Reports may be made externally to:

US Department of Education

Office for Civil Rights (OCR)

Regional Office Address: 50 United National Plaza, San Francisco, CA 94102

Regional Office Phone: (415) 486-5555

Regional Office Email: OCR.SanFrancisco@ed.gov

Website: www.edu.gov/ocr 

US Equal Employment Opportunity Commission (EEOC)

For complaints involving employee-to-employee conduct

Regional Office Location: 1301 Clay St., Suite 680-N, Oakland, CA 94612

Regional Office Phone: (510) 637-3230

Website: www.eeoc.gov/field-office/oakland/location 

CA Department of Fair Employment and Housing (DFEH)

2218 Kausen Dr., Suite 100, Elk Grove, CA 95758

Phone: (800) 884-1684

Email: contact.center@dfeh.ca.gov

Website: www.dfeh.ca.gov/complaintprocess

The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this Policy and these procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific complaint, or for or against Complainants and/or Respondents, generally.

Concerns of bias, conflicts of interest, misconduct, or discrimination by a member of the Title IX Team should be shared directly to the Title IX Coordinator (information above). To raise a concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator, contact Corey Cook, Executive Vice President and Provost (Filippi Administration Hall, 2^nd Floor, cdc13@stmarys-ca.edu).

Notice or complaints of sex-based discrimination and harassment, sexual misconduct, and/or retaliation may be made using any of the following options:

1. IX Coordinator, Liaison, Official with Authority, or Mandated Reporter (including Resident Advisors)
   1. A report may be made to any of these persons, which will be shared with the Title IX Coordinator. Reports may be made in-person, via email, or telephone.
2. Online
   1. https://stmarysca-gme-advocate.symplicity.com/titleix_report/index.php/pid610657?
   2. Anonymous reports are accepted but can limit the response by the College. The office will investigate to determine if parties can be identified, if not, no formal action is taken, though measures intended to protect the community may be enacted. The College tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report that does not identify the Complainant.
   3. Because reporting carries no obligation to initiate formal action, and because the College respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the College to discuss and/or provide supportive measures.
3. Campus Safety
   1. Available 24/7/365, reports can be made in person at the Campus Safety and Transportation office in Assumption Hall, or by phone (925) 631-4282. If immediate response is needed or wanted, or assistance in reporting to local law enforcement in an emergency or urgent situation, we encourage calling Campus Safety for support.

As used in this Policy, the term “Formal Complaint” means a document or electronic submission (such as by electronic mail or through an online portal provided by the College for this purpose) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint, and requests that the College investigate the allegations. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ensure that it is filed correctly.

What to Expect After Reporting

Upon receipt of a report or notice to the Title IX Coordinator, a prompt initial assessment is initiated to determine the next steps. The College recognizes that each case is unique. The goal of assessment is to provide a consistent, equitable, integrated, and coordinated response to all reports and to ensure that individuals have access to information they need about resources for support, College policies, and resolution options for resolving their concerns.

After an initial assessment, the Title IX Coordinator, or designee, will contact the Complainant (if identified) to discuss the options for next steps, including submitting a Formal Complaint (when applicable) to investigate the allegations (if not already received), and share information on resources and supportive measures. 

Deciding whether to make a report and choosing how to proceed are personal decisions. At the time a report is made, an individual does not need to decide whether to request any particular course of action, nor does an individual need to know how to label what happened. Complainants do not need to submit a Formal Complaint to receive supportive measures.

The offer to meet with the Title IX Coordinator in no way represents a finding of fact or responsibility. This meeting is conducted to:

• Gain a better understanding of the nature and circumstances of the allegations.
• Assess the safety of the individual(s) and the campus community.
• Provide information about resources, procedural options for resolution, and supportive measures.
• Identify what form of resolution is desired, reasonably available, and appropriate.
• Refer the party to another office for assistance if this Policy does not apply to the incident(s) reported.

In a situation when there is a serious threat to the College community, but the Complainant cannot or does not wish to proceed with the formal resolution process, the Title IX Coordinator may initiate a Formal Complaint.

Brief Overview of Resolution Processes (see Part B for additional information)

The resolution processes outlined in Part B of this Policy have been developed to ensure fairness and consistency in the College’s response and resolution of alleged sex/gender-based discrimination and harassment, and sexual misconduct involving all students and employees (faculty and staff). No person’s academic or employment status shall be adversely affected in any way because of participating in these procedures, nor shall any retaliatory action taken against a person using these resolution procedures be tolerated.

Following the Initial Assessment, the Title IX Coordinator will then initiate one or more of the following responses:

• Offer Supportive Measures in all cases (see Part A, Section 9)
• Offer Supportive Measures Only because the Complainant does not want to proceed with a Formal Complaint and the College can honor this request.
• Initiate an Informal Resolution Process (e.g., facilitated dialogue, restorative practices, education, mediation, negotiated resolution), as appropriate and permitted by law. A Formal Complaint is required to engage in this process for Title IX Sexual Harassment.
• Initiate a Formal Investigation and Formal Resolution Process (upon submission of a Formal Complaint). The College uses the Formal Resolution Process to determine whether policy has been violated and is the only mechanism which the College is pursue disciplinary action. When so, the College will promptly implement effective remedies and sanctions designed to ensure that it is not deliberately indifferent to discrimination or harassment, their potential recurrence, or their effects.

Based on the facts of the report, the Title IX Coordinator may refer the party to another department for assistance if the concern does not fall under the scope of this Policy.

Brief Overview of an Investigation

Upon receiving a Formal Complaint, the Title IX Support and Compliance Office will be responsible for investigating the complaint in a manner that is prompt, equitable, thorough, reliable, and impartial. All allegations of sex/gender-based discrimination and harassment and sexual misconduct will be investigated and addressed by a trained Title IX Investigator, and may include, depending on the circumstances, an investigation conducted by an external investigator not employed by the College.

The Investigator, not the parties, is responsible for gathering relevant evidence, such as physical evidence, documentary evidence, police reports, hospital records, emails, social media posts, text messages, phone records, video recordings, etc. If a party declines to provide material information voluntarily, the College’s ability to conduct a prompt, thorough, and equitable investigation may be impacted.

During the investigation and formal resolution process, both the Complainant and Respondent will have the opportunity to receive a written notice of investigation and allegations; participate in the investigation; review and present information and evidence, such as documents, communications, and other evidence, if available; suggests questions they would like asked of the other party and witnesses; be accompanied by an Advisor of their choice to any meeting; be afforded equal access to information that will be used in resolution proceedings; receive timely notice of meetings at which their presence will be requested or required; receive written notice of the outcome, sanction(s), and rationale(s); and appeal the finding.

The Investigator has the authority and responsibility to determine which witnesses to interview and which documents to consider.¹ Information gathered during an investigation shall remain private and not disclosed to others who do not have a legitimate need to know.

Following the completion of the investigation, the Investigator will prepare a draft written report that contains the pertinent information obtained from the investigation and analysis of evidence. A copy of this draft report will then be provided to the Complainant and Respondent for review. Within ten (10) business days of providing the report, any additional information, questions, or information needed to correct or clarify what is written in the report may be submitted verbally or in writing by the Complainant and Respondent to the Investigator. The Title IX Coordinator may also provide recommendations for further question-asking and/or information gathering prior to a final report being completed.

Once there has been an opportunity to review the report and any additional/correcting/clarifying information has been submitted within the time allotted, a final report will be prepared by the Investigator and shared with the parties, the Title IX Coordinator, and appropriate decision-maker(s).

If, in the event, during the investigation it becomes known that either the Respondent is not the correctly alleged individual, or the behavior being alleged no longer or does not fall within the scope of this Policy, the Title IX Coordinator will communicate with the parties that the matter is being referred to the appropriate office for continued follow-up and/or that the case is being dismissed. A rationale for the referral and/or dismissal will be shared in the communication.

^{1 Evidence will not be considered if it is neither relevant nor directly related to the complaint. Evidence about the Complainant’s sexual predisposition or prior sexual behavior will not be considered 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.}

Saint Mary’s College has implemented comprehensive prevention and outreach programs to address issues of sexual harassment, sexual violence, domestic violence, dating violence, and stalking. These programs include, but are not limited to, information about the College’s policies and procedures, rights and responsibilities of community members, the practical implications of an affirmative consent standard, empowerment programming, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction programs. Prevention and outreach programs are included as part of incoming student and new employee orientations. In addition, all employees must complete ongoing prevention and intervention training and education.²

The College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sex/gender-based discrimination and harassment, other sexual misconduct, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the parties, to restore and preserve access to the College’s education program and activity, including measures designed to protect the safety of all parties and/or the College’s educational environment and/or to deter discrimination, harassment, other misconduct, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time supportive measures are offered, the College will also inform the Complainant they may file a Formal Complaint with the College either at that time or in the future, if they have not already done so. The Title IX Coordinator, or designee, works with the Complainant to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of all supportive measures, provided confidentiality does not impair the College’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden the other party.

These actions may include, but are not limited to:

• Referral to confidential counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program (for employees)
• Referral to community-based organizations and service providers
• Education to the College community and/or community subgroup(s)
• Campus housing adjustments
• Altering work arrangements for employees or student-employees
• Safety planning, such as increased security and monitoring areas
• Implementing contact limitations between parties (No Contact Directives)
• Trespass, Persona Non Grata (PNG), or “Be-On-the-Lookout” (BOLO) notices for non-affiliated/banned persons
• Transportation safety planning
• Academic support (e.g., requesting extensions of time, make-up work, or other course-related adjustments, allowing students to withdraw or take an Incomplete without financial penalty, in consultation with the instructor and department chair or dean’s office)
• Timely Warnings (Clery) to address concerns about broader campus safety
• Any other actions deemed appropriate by the Title IX Coordinator

Further Information on No Contact Directives

When requested by a Complainant or otherwise determined to be appropriate, the College may issue an interim No Contact Directive (NCD) prohibiting the Respondent from contacting the Complainant during the pendency of the investigation. The College will not issue an interim mutual No Contact Directive automatically, but instead consider the specific circumstances of each situation to determine whether a mutual No Contact Directive is necessary or justifiable to protect the non-alleging party’s safety or well-being, or to respond to interference with an investigation. A No Contact Directive issued after a decision of responsibility has been made as a remedy will be unilateral and only apply against the party found responsible.

Upon issuance of a mutual No Contact Directive, the College will provide the parties with a written justification for the directive and an explanation of the terms of the directive. 

Violations of No Contact Directives or other restrictions may be referred to appropriate student and employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing complaint under this Policy.

The College may become aware of a situation where an individual may pose an immediate threat or when there is a need to protect the health, safety, or welfare of other members of the campus community. The College can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. Where the Respondent is an employee, existing provisions for interim action are applicable as provided in the Employee Handbook.

Violence risk analyses are performed by the Executive Director for Campus Safety and Transportation, in consultation with appropriate offices as needed. In situations where emergency removal and safety measures are used, the College will use the least restrictive emergency actions possible in light of the known circumstances and safety concerns and conduct an individualized assessment.

When an emergency removal is imposed, the student will be given notice of the action and the option to request to meet with the Title IX Coordinator and Executive Director of Campus Safety and Transportation prior to such action/removal being imposed, or as soon as reasonably possible thereafter, to show cause why the action/removal should not be implemented or should be modified.

This 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. When this meeting is not requested within two (2) business days of the notice, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted in this meeting if the Title IX Coordinator determines it equitable to do so. This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions.

A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator and Executive Director of Campus Safety and Transportation for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.

The Title IX Coordinator, in consultation with the Executive Director of Campus Safety and Transportation, has sole discretion to implement or modify an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this Policy will be ground for discipline within the student or employee conduct processes, which may include expulsion or termination. As determined by the Title IX Coordinator, these actions include, but are not limited to: removing or relocating a student from a residence hall, temporarily reassigning an employee, restricting access to or use of facilities or equipment, allowing a student to withdraw or take an Incomplete grade without financial penalty, authorizing a leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/club/recreational athletics.

At the discretion of the Title IX Coordinator, in consultation with the appropriate Dean and/or Department Chair, alternative work may be pursued to ensure as minimal an academic impact on the party as possible.

When the Respondent is an employee, or a student-employee, alleged of misconduct in the course of their employment, existing provisions for interim action in the Staff, Faculty, and/or Employee Handbooks are applicable instead of the above emergency removal process.

Once the Title IX Support and Compliance Office has received notice or a Formal Complaint, all allegations are promptly acted upon. Complaints typically take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a process to take longer, but the College will avoid all undue delays within its control.

Any time the general timeframes for resolutions outlined in the College procedures will be delayed, the College will provide written notice to the parties of the delay, the cause for the delay, and an estimate of the anticipated additional time that will be needed because of the delay.

The College wholly respects the need for privacy and discretion in the handling of all reports. Some resources can provide confidential support and information, whereas others can offer privacy and discretion when they receive a report. Individuals should make sure they have informed expectations concerning privacy and confidentiality. Below further explains levels of confidentiality and privacy.

Confidential – Privileged – Conversations with these resources are privileged, and absent special circumstances, may not be disclosed without consent even in a criminal or other external proceeding. Examples include:

• Licensed counselors
• Mental Health clinicians
• Attorneys providing legal advice to clients
• Ordained Clergy providing pastoral counsel

Confidential – These resources are designated by Saint Mary’s College as confidential and do not need to notify the Title IX Coordinator when they learn about potential incidents of sexual harassment or other sexual misconduct. However, they may be required to review information that was shared with them in a criminal or other external proceeding.

Private – Staff with specialized training and expertise in addressing issues of sexual harassment or other sexual misconduct, who are positioned to help students and employees, and who protect privacy and sharing information only on a need-to-know basis.⁴ At SMC, this includes:

• Title IX Coordinator and Liaisons
• Title IX Team and Resolution Process Pool members

Only a small group of officials who need to know will typically be told about a complaint. Information will be shared as necessary with Investigators, Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.

^{4 The Title IX Coordinator will inform all individuals involved in an investigation and/or hearing process of the critical importance and expectation of privacy. The College will not share the identity of a reporting party, Complainant, Respondent, or any witnesses, except as permitted by the Family Educational Rights and Privacy Act (FERPA), or as required by law to carry out the purposes of Title IX 34 C.F.R. Part 106, and/or this Policy.}

This Policy applies⁵ to Saint Mary’s College of California’s education programs and activities,⁶ to conduct that takes place on property owned or controlled by the College, at college-sponsored events, and in buildings owned and controlled by the College’s recognized student organizations. The Respondent must be a member of the SMC community for this Policy to apply.

This Policy is also applicable to the effects of off-campus misconduct that effectively deprives a person of access to the College’s education program or activities. The College will extend jurisdiction to off-campus and/or online conduct when the Title IX Coordinator determines that the conduct affects a substantial College interest.

Regardless of where the conduct occurred, Saint Mary’s College will address notice/complaints to determine whether the conduct occurred in the context of its employment or education program or activity and/or has continuing effects on campus (including virtual learning and employment environments) or in an off campus sponsored program or activity. A substantial College interest may include:

• Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of local, state, or federal laws.
• Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
• Any situation that significantly imposes upon the rights, property, or achievements of others, significantly breaches the peace, and/or cause social disorder.
• Any situation that substantially interferes with the educational interests, operations, or mission of the College.

Unknown or Unaffiliated Respondents

If the Respondent reported is unknown, or is not a member of the SMC community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options. If criminal conduct is alleged, the College can assist in contacting local law enforcement if the individual would like to file a police report. Further, even when the Respondent is not a member of the SMC community, supportive measures, remedies, and resources may be provided to the Complainant by contacting the Title IX Coordinator.

In addition, the College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from the College property and/or events.

All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers, and to this Policy and procedures when a contract states as such.

Respondent Enrolled or Employed at Another College/University

When a Respondent is enrolled in, or employed by, another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program or other environment external to the College where nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse.

Academic Freedom and Free Speech

This Policy is not meant to inhibit or prohibit educational contact or discussions inside or outside of the classroom that include germane, but controversial, or sensitive subject matters protected by academic freedom. This College protects community members’ expression of ideas in their teaching, learning, and research, including advocacy that may be controversial, provocative, or unpopular. Though not unlimited, this protection extends to the expression of ideas, however controversial, in the classroom, residential life, and other campus-related activities. Allegations of discrimination or harassment involving speech must be carefully considered considering students’ free speech rights under California law and the College’s commitment to academic freedom and free speech.

As a protected right under California law, currently enrolled students may not be subject to discipline based on speech, unless that speech rises to a legal standard of being unprotected. When speech or conduct is protected by academic freedom and/or the First Amendment, though not considered a violation of this Policy, supportive measures will be offered to those impacted.
 

There is no limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer within the College’s jurisdiction and/or significant time has passed, the ability to investigate, and/or provide remedies may be more limited or impossible.

Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

When a notice/complaint is affected by significant time delay the College will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of the notice/complaint (except where limited by law). Typically, this Policy is only applied to alleged incidents that occurred after August 14, 2020. Allegations occurring prior to August 1, 2024, but do not meet the 2020 Title IX Regulations jurisdiction will be handled under the 2024 Title IX Regulations resolution procedures but definitions of prohibited conduct in effect at the time of the alleged misconduct will be applied.

Duty to Report⁷

The College encourages all SMC community members to report incidents of sex/gender-based discrimination or harassment and sexual misconduct to the Title IX Coordinator or any Mandated Reporter identified below. Mandated Reporters are required to share all details of any report of alleged sex/gender-based discrimination, harassment, or sexual misconduct that they observe or have knowledge of, even if not reported directly to them.

Individuals may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

Effective January 1, 2022: Faculty and associate faculty, teachers, instructors, or lecturers (including graduate student instructors) while performing the duties of employment by the institution and Laboratory directors, coordinators, or principal investigators are considered Mandatory Reporters under CA Senate Bill No. 493.

The following College employees are mandated to report possible sex-based discrimination, sex-based harassment, and other sexual misconduct incidents to the Title IX Coordinator:

• All staff and administrators, with the few exceptions listed below under Confidential Resources
• All Athletics Department staff, coaches, assistant coaches, and volunteer staff
• All Residential Experience staff, including Resident Directors and Resident Advisors
• Campus Recreation staff, including student staff and volunteer coaches/staff while performing the duties of employment/volunteering
• Campus Safety officers and staff
• Faculty and associate and adjunct faculty, teachers, instructors, and lecturers, including graduate student instructors, while performing the duties of employment by the institution and Laboratory directors, coordinators, or principal investigators.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or policy violations, and these employees shall immediately pass reports to the Title IX Coordinator, who will then act when an incident is reported to them.

1. Confidential Resources⁸ (see section Confidentiality/Privacy for descriptions of the levels of privacy and confidentiality)

If a Complainant would like the details of an incident/situation to not be documented and shared with the College (and will not result in college response), they may speak with:

• On-campus licensed professional counselors at Counseling and Psychological Services (CAPS)
• On-campus health services providers
• On-campus CARE Center Director
• Ordained Clery working with the scope of their designation or ordination
• Off-campus community-based resources
• Licensed professional counselors or other medical providers
• Local sexual assault crisis counselors
• Domestic violence resources
• Local or state assistance agencies
• Clery/Chaplains
• Attorneys

The above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, professional credentials, or official designations, except in extreme cases of immediacy of threat or danger or abuse of a minor, or when required to disclose by law or court order.

Disclosures at Public Awareness Events

Disclosures of discrimination, harassment, or sexual violence frequently are made in climate surveys, classroom writing assignments or discussions, human subjects research, or at public awareness events, such as “Take Back the Night” marches, speak-outs, or other forums. Such disclosures are not considered to be reportable events, nor as ‘Notice’ to the College. Such disclosures will not trigger mandatory reporting or for the College to act concerning the information. However, such events inform education and prevention efforts, and the College will continue to provide information about support, resources, and options for resolution.

Mandated Reporters and Formal Notice/Complaints

1. All College employees (including student employees acting within the scope of their employment), except for those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details made to them in the course of their employment.
2. Employees must also promptly share all details of behaviors under this Policy that they observe or have knowledge of, even if not reported to them by a Complainant or third party.
3. Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.
4. Failure of a Mandatory Reporter to report an incident of sex-based discrimination or harassment, other sexual misconduct, or retaliation of which they become aware is a violation of the College Policy and can be subject to disciplinary action for failure to comply/failure to report.
5. Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this Policy, they still have a duty to report their own misconduct, though the College is not technically on notice simply because a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.
6. It is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

Mandated Reporting Requirements for Health Practitioners in California⁹

Any licensed health care provider in the State of California providing services in a health facility, clinic, or physician’s office is required to make a report if they provide medical treatment for a physical condition to a patient whom they know, or reasonably suspect, is the victim of assaultive or abusive conduct or a firearm injury. The health practitioner is required to make a report by telephone as soon as practically possible and send a written report to a local law enforcement agency within two working days. The report must be made to the enforcement agency that has jurisdiction over the location in which the injury was sustained. This includes any health care practitioners in the Saint Mary’s College Student Health Center.

Timely Warnings – Clery Act

Federal regulations associated with the Jeanne Clery Act require every college and university to provide “timely warnings” to their campus community after designated employees (CSAs) or Campus Safety receive notice of specified crimes that appear to pose a serious or continuous threat to students and employees. The purpose of issuing a timely warning is to alert the campus community to the occurrence of a crime and heighten safety awareness of students and employees to enable to protect themselves. When Campus Safety issues a timely warning, they will ensure that the reporting party/Complainant’s name and other identifying information is not disclosed, while still providing enough information for the campus community to make important safety decisions considering the potential danger.

Federal Statistical Reporting Obligations

Certain institutional officials – those deemed Campus Security Authorities – have a duty to report the following for federal statistical reporting purposes (Clery Act):

1. All “primary crimes,” which include criminal homicide, rape, fondling, incest, statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, and arson.
2. Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property.
3. VAWA-based crimes,¹⁰ which include sexual assault, domestic violence, dating violence, and stalking.
4. Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and drug law violations.

All personally identifiable information is kept private, but statistical information must be shared with Campus Safety regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.

Campus Security Authorities include student life/student conduct staff, campus security staff, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.

There may be circumstances where the College is obliged to report an incident of violent crime, hate crime, or sexual assault immediately, or as soon as practicably possible, to local law enforcement. 

Requests for Confidentiality with Respect to Reporting to Law Enforcement

Complainants have the right to decide if they want to make a report to the police and/or speak with the police. Saint Mary’s College will honor requests for confidentiality unless there is a significant threat to health and/or safety to an individual or the community. Institutional and local law enforcement agencies are prohibited from disclosing information about most sexual assaults if the Complainant requests anonymity. When information is shared with law enforcement, such reports will include (when the Complainant has consented to being identified):

• The name and characteristics of the reported victim
• The name and characteristics of the alleged perpetrator, if known
• Description of the incident, including location, date, and time, if known
• Any report number assigned to the police incident report documenting the investigation being conducted by the jurisdictional agency

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, and/or does not want to pursue a Formal Complaint, they may make such a request to the Title IX Coordinator, who will evaluate the request considering the duty to ensure the safety of the College community and to comply with state and/or federal law.

The Title IX Coordinator has the ultimate discretion over whether the College proceeds when the Complainant does not wish to do so and may require a violence risk assessment to help determine whether to proceed. The Title IX Coordinator may sign a Formal Complaint to initiate a resolution process after reviewing any violence risk assessment results and weighing the following factors:

1. Multiple or prior reports alleging sexual misconduct against the Respondent.
2. If the Respondent reportedly used a weapon, physical restraints, or engaged in battery.
3. If the Respondent is a faculty or staff member with oversight of students.
4. If there is a power imbalance between the Complainant and Respondent.
5. The Complainant believes the Complainant will be less safe if the Complainant’s name is disclosed, or an investigation conducted.
6. The College can conduct a thorough investigation and obtain relevant evidence in the absence of the Complainant’s cooperation.

In instances where the Complainant’s request for confidentiality or no investigation is granted, the College will provide supportive measures to the Complainant and take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment, and prevent its recurrence without initiating formal action against the alleged Respondent or revealing the identity of the Complainant. These steps my include, but are not limited to:

• Increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred,
• Providing additional training and education materials for students and employees,
• Conducting climate surveys regarding sexual violence.

The College will also take immediate steps to provide for the safety of the Complainant while keeping the Complainant’s identity confidential, as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests dates. The Complainant will be notified that the steps the College will take to respond to the complaint will be limited by the request for confidentiality.

When the Title IX Coordinator executes a written Formal 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. 

When the College proceeds, the Complainant (and/or their Advisor) may have as much or as little involvement in this process as they wish. The Complainant retains all rights of a Complainant under the Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence or testimony. The College will inform the Complainant prior to initiating the Formal Resolution Process and take immediate steps to provide for the safety of the Complainant, where appropriate. In the event the Complainant requests the College inform the Respondent that the Complainant asked the College not to investigate or seek discipline, the College will honor this request.

Note that the College’s ability to remedy and respond to a report may be limited if the Complainant does not want the College to proceed with an investigation and/or resolution process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the College’s obligation to protect its community.

In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow for the College to honor that request, the College may offer Informal Resolution options and supportive measures to the Complainant and the community but will not otherwise pursue formal action.

If the Complainant elects to take no action, they may change that decision and 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 the College and to have incidents investigated and properly resolved through these procedures. Please consider that delays may cause limitations on access to evidence, or present issues with respect to the status of the parties.

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.

Additionally, witnesses and parties knowingly providing false evidence; tampering with, or destroying, evidence; or deliberately misleading an official who is conducting an investigation, hearing, or informal resolution can be subject to discipline under appropriate College policies.

Saint Mary’s College encourages the reporting of misconduct and crimes by Complainants and witnesses.¹¹ Sometimes, Complainants and witnesses are hesitant to report to college officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons. It is in the best interests of the SMC community that Complainants choose to report misconduct to the College, that witnesses come forward to share what they know, and that all parties be forthcoming during a resolution process.

To encourage reporting and participation in the process, the College maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive accountability system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to a Respondent with respect to a Complaint.

^{11 CA Educ. Code, Section 66281.8 requires any disciplinary measures imposed by the institution for violations of the institution’s student conduct policy at or near the time of the incident being investigated shall be consistent with paragraph (10) of subdivision (b) of Section 67386, which provides that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.}

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time sensitive. The College will inform the Complainant of the importance of preserving evidence by taking actions such as the following:

Sexual Assault

• Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better).
• Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if done.
• If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
• If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure evidence container (if provided on by law enforcement).
• Seeking medical treatment can be essential, even if it is not for the purposes of collecting forensic evidence.

Stalking/Dating Violence/Domestic Violence/Sex-based Harassment

• Evidence in the form of text and voice messages will be lost in most cases if the Complainant changes their phone number.
• Make a secondary recording of any voice messages and/or save the audio files to a cloud server.
• Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook).
• Save copies of email and social media correspondence, including notifications related to account access alerts.
• Take timestamped photographs of any physical evidence, including notes, gifts, etc., in place when possible.
• Save copies of any messages, including those showing any request for no further contact.
• Obtain copies of all call logs showing the specific phone number being used rather than a saved contact name if possible.

During the initial meeting between the Complainant and the Title IX Coordinator, the importance of taking these actions will be discussed, if timely.

See Appendix E for Records Maintenance and Access Policy

This Policy and procedures supersede any previous policies addressing sex-based discrimination and harassment, other sexual misconduct, and/or retaliation for incidents occurring on or after August 14, 2020, under Title IX and will be reviewed and updated annually by the Title IX Coordinator. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. 

During the Resolution Process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require Policy or procedural alterations not reflected in this Policy and procedures.

If government law or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, and/or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws which frame such policies and codes, generally.

This Policy and procedures are effective August 1, 2024.