Part A: Policy

The Title IX Coordinator oversees the Title IX Support and Compliance Office (“TIXSCO”) and the implementation of Saint Mary’s College of California’s Sex-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 discrimination, harassment, 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 resolution 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, or designee, may also review with parties in person.

Additional Administrative Contact Information

Complaints or notices of alleged policy violations, 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
  • Office Location: Madigan Gym, 1^st Floor; 
  • Phone: (925) 631-4521; 
  • Email: kgray@stmarys-ca.edu
• Travis Mason (he/him), Liaison for Students
  • Office Location: Ferroggiaro Hall, 2^nd Floor, Suite 200;  
  • Phone: (925) 631-4238; 
  • Email: tlm12@stmarys-ca.edu
• Angela Street (she/her), Liaison for Employees
  • Office Location: Filippi Administration Hall, Garden Level; 
  • Phone: (707) 415-9780
  • Email: aaa32@stmarys-ca.edu

The College recognizes that reports and/or complaints under this Policy may include multiple forms of discrimination and 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.

Situations involving behavior that may be in violation of other College student or employee handbook 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).

Concerns about the College’s application of this Policy and compliance with certain federal civil rights laws may also be addressed 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

All Saint Mary’s College of California employees (faculty, staff, and administrators, including student-employees), other than those deemed ‘Confidential Resources,’ are Mandated Reporters and are expected to promptly report all known details of actual or suspected sex-based discrimination, sex-based harassment, sexual misconduct, and/or retaliation to appropriate officials, although there are some limited exceptions. Supportive measures may be offered as a result of such disclosures without formal College action. 

Complainants 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.

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 will immediately pass Notice to the Title IX Coordinator (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

The following sections describe the Saint Mary’s College reporting options for a Complainant or third party (including parents/guardians when appropriate):

Confidential Resources

To enable Complainants to access support and resources without providing Notice to the Title IX Coordinator, the College has designated specific employees as Confidential Resources. Those designated by Saint Mary’s College as Confidential Resources are not required to report actual or suspected sex-based discrimination, sex-based harassment, sexual misconduct, or retaliation in a way that identifies the Parties. They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or a College official unless the Complainant has requested the information be shared.

There are three categories of Confidential Resources:

1. Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and counselors.
2. Those whom Saint Mary’s College has specifically designated as confidential for purposes of providing support and resources to the Complainant.
3. Those conducting human subjects research as part of a study approved by the College’s Institutional Review Board (IRB). 

For those in category (1) above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the Notice. These individuals will maintain confidentiality except in extreme cases of immediate threat or danger, abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following Confidential Resources:

Confidential Resources

• On-campus professional counselors and staff at the Counseling and Psychological Center (CAPS) when acting in their as a counselor 
• On-campus health service providers and staff at the Student Health Center, when acting in their role as a health service provider 
• Clergy/Chaplain working within the scope of their licensure or ordination

Designated Confidential Resource for Students

• Megan Gallagher, Director of the CARE (Campus Assault, Response, and Education) Center

For Employees

• The Employee Assistance Program (EAP) is available, free of charge, for employees.

Failure of a Mandated Reporter, as described above in this section, to report an incident of sex-based discrimination or harassment, sexual misconduct, or retaliation of which they become aware is a violation of Saint Mary’s College Policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is an allegeable offense under this Policy.

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.

In addition, Complainants may speak with individuals unaffiliated with Saint Mary’s College without concern that Policy will require them to disclose information to the institution without permission:

• Licensed professional counselors and other medical providers
• Local rape crisis counselors
• Domestic violence resources
• Local or state assistance agencies
• Clergy/Chaplains
• Attorneys

This Policy is applicable to alleged incidents that occur after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Title IX Coordinator and online.

This Policy applies to all students, employees (faculty, staff, and administrators), and other individuals participating in or attempting to participate in Saint Mary’s College of California programs or activities, including education and employment.

This Policy prohibits all forms of sex discrimination. Procedures may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.

For policy and procedures on other forms of discrimination on the basis of protected characteristic(s), please refer to the Student Handbook for incidents involving students, and Employee Handbook for incidents involving employees.

This Policy applies to the College’s education programs and activities (defined as including locations, events, or circumstances in which the College exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where the College has disciplinary authority, and to misconduct occurring within any building owned or controlled by a college-recognized student organization.

This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to the College’s education program or activities. The College may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial College interest.

A substantial College interest may include:

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

For disciplinary action to be issued under this Policy, the Respondent must be a Saint Mary’s College of California student or employee (faculty member, staff, or administrator) at the time of the alleged incident. If the Respondent is unknown or is not a member of the Saint Mary’s College community, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). The College can also assist in contacting local law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers and/or to these Policies and procedures to which their employer has agreed to be bound by their contracts.

When the Respondent is enrolled or employed by another institution, the Title IX Coordinator can assist a Complainant in contacting 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 sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.

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

The Title IX Coordinator promptly makes supportive measures available to the Parties upon receiving Notice/Knowledge or a Complaint. At the time that supportive measures are offered, if a Complaint has not been filed, the College will inform the Complainant, in writing, they may file a Complaint with the College either at that time or in the future. The Title IX Coordinator will work with a party to ensure their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of the supportive measures, provided that 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 any party.

These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program (for employees)
• Referral to community-based service providers
• Referral to visa and immigration assistance
• Referral to student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation safety information and resources
• Implementing contact limitations (No Contact Directives) between the Parties
• Academic support, e.g., extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely Warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of campus
• Any other actions deemed appropriate by the Title IX Coordinator, with consultation with appropriate campus offices when applicable and necessary

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

The Parties are provided with a timely opportunity to seek modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. 

An impartial employee other than the employee who implemented the supportive measure(s), who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measure(s) if they are inconsistent with the Title IX regulatory definition of supportive measures. The College will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. The College typically renders decisions on supportive measures within five (5) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.

Saint Mary’s College policies are written and interpreted broadly to include online manifestations of any of the behavior prohibited in Part B of this Policy, when those behaviors occur in or have an effect on the College’s education program and activities, or when they involve the use of the College’s networks, technology, or equipment.

Although the College may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the College, it will engage in a variety of means to address and mitigate the effects. These means may include use of a resolution process to address off-campus and/or online conduct whose effects contribute to limiting or denying a person’s access to Saint Mary’s College education programs or activities.

The College uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means the College will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s).

A Report provides notice to the College of an allegation or concern about sex-based discrimination or harassment, sexual misconduct, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. 

A Complaint provides notice to the College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. 

A Complainant, or individual, may initially make a report and may decide at a later time to make a Complaint. 

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

1. Direct to Title IX Coordinator. File a Complaint with, or give verbal Notice directly to, the Title IX Coordinator or to any Title IX Liaison. Such a Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Title IX Coordinator or Liaison listed in this Policy. Disclosures and reports to Mandated Reporters are also considered making a Report as that information will be shared with the Title IX Coordinator.
2. Online Report Form. Submit online Notice at Online Reporting Form
   1. Anonymous Reports are accepted, but this may give rise to a need to try to determine the Parties’ identities. Anonymous Reports typically limit the College’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of an Anonymous Report.
   2. Reporting carries no obligation to initiate a Complaint, and in most situations, the College is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as a pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the College may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, the College will maintain the privacy of the information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows the College to discuss and/or provide supportive measures, in most circumstances.
3. Campus Safety. Contact Campus Safety as the College’s 24/7/365 resource, 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 assistance with reporting to police in an emergency or urgent situation, we encourage calling Campus Safety for initial support.

There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, 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 Title IX Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

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 determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official investigating or supporting a resolution process can be subject to discipline under appropriate College policies.

The College makes every effort to preserve the Parties’ privacy. The College will not share the identity of any individual who has made a Complaint of sex discrimination, sex-based harassment, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of sex discrimination, sex-based harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.^{1, 2} Additional information regarding confidentiality and privacy can be found in Appendix C.

Unauthorized Disclosure of Information

Parties and Advisors are prohibited from unauthorized disclosure of information obtained by the College through the Resolution Process to the extent that information is the work product of the College (meaning it has been produced, compiled, or written by the College for purposes of its investigation and resolution of a Complaint). It is also a violation of College Policy to publicly disclose work product or a party’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.

The College can act to remove a student Respondent accused of sex discrimination or sex-based harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. This risk analysis is performed by the Executive Director of Campus Safety and Transportation and may be done in conjunction with the Title IX Coordinator using a violence risk assessment procedure. Employees are subject to existing procedures for interim actions and leaves. See more information on these actions in Part C: Resolution Processes section 7 (in the PDF).

The College must issue Timely Warnings for reported incidents that pose a serious or continuing threat of harm or danger to members of the Saint Mary’s College community. The College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

The College encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants and witnesses are hesitant to report to the College, or participate in resolution processes, because they fear 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 College community that Complainants choose to report misconduct to college officials, 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 alcohol consumption or the use of illicit drugs, related to the incident, with some exceptions. Granting amnesty is a discretionary decision made by the College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

Students

The College maintains an amnesty policy for students who offer help to others in need, for example, calling for medical support for overconsumption of alcohol or other drugs. Educational follow-up may take place in lieu of a disciplinary process if those assisting in obtaining help are in violation of minor policy violations. Amnesty for Respondents is at the Title IX Coordinator’s discretion on a case-by-case basis.

Employees

Sometimes, employees are hesitant to report discrimination, harassment, or retaliation they have experienced for fear of getting in trouble themselves. The College may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.

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.

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, sexual assault, 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. Violence Against Women Act (VAWA-based crimes), which include sexual assault, domestic violence, dating violence, and stalking¹
4. Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) must be shared with the Clery Coordinator for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security, local police, 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.

The Title IX Coordinator manages all persons involved in matters to implement this Policy 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 Resolution Pool 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, misconduct, discrimination, or a potential conflict of interest by any other Resolution Pool member should be raised with the Title IX Coordinator.

To raise a concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator, contact the Executive Vice President and Provost Corey Cook (cdc13@stmarys-ca.edu).

This Policy succeeds previous policies addressing sex discrimination, sex-based harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in effect for sexual harassment incidents occurring before August 1, 2024. The Title IX Coordinator reviews and updates these policies and procedures regularly. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

If government laws 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, or court holdings.

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

This Policy is effective September 15, 2024.