Title IX

What Is Title IX

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex discrimination on the basis of sex in education programs, including athletic programs, or activities that receive federal funding.
“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.”

Your Rights Under Title IX

Education Code Section 221.8
1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
4. You have the right to apply for athletic scholarships.
5. You have the right to receive equitable treatment and benefits in the provision of all of the following:
o Equipment and supplies.
o Scheduling of games and practices.
o Transportation and daily allowances.
o Access to tutoring.
o Locker rooms.
o Practice and competitive facilities.
o Medical and training facilities and services.
o Publicity
6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
8. You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
9. You have the right to pursue civil remedies if you have been discriminated against.
10. You have the right to be protected against retaliation if you file a discrimination complaint.

For more information on your rights under Title IX please visit the following websites:

California Department of Education Office for Civil Rights
United States Department of Education Office for Civil Rights

What is Sexual Misconduct?
Sexual Misconduct is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical contact of a sexual nature. Sexual Misconduct is conduct that explicitly or implicitly affects a person’s employment or education or interferes with a person’s work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile, or offensive.
Sexual Misconduct may include incidents between any members of the District community, including faculty, staff, students, student employees, volunteers, and non-student or non-employee participants in District programs. Sexual harassment may occur in hierarchical relationships, between peers or between individuals of the same sex. 
Some examples of harassing behavior include, but are not limited to:
• Insults, name-calling, and offensive jokes;
• Intimidating words or actions;
• Unwelcome or inappropriate touching;
• Sexually suggestive remarks or gestures;
• Unsolicited pornographic materials;
• Obscene messages (via text or computer);
• Pressure for sexual activity or a date; and
• Sexual assault and rape.

Filing a Complaint / Reporting an Incident
The College has a strong interest in supporting victims and survivors of sexual harassment, sexual violence, stalking and intimate partner violence and encourages all individuals or third party witnesses to report any incident to the College.
Making a report means telling someone in authority what happened -- in person, by telephone, in writing or by email. At the time a report is made, a Complainant does not have to decide whether or not to request any particular course of action, nor does a Complainant need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time. The College provides support that can assist each individual in making these important decisions, and to the extent legally possible will respect an individual’s autonomy in deciding how to proceed. In this process, the College will balance the individual’s interest with its obligation to provide a safe and non-discriminatory environment for all members of the College community.
Any individual who reports sexual harassment, sexual violence, stalking or intimate partner violence can be assured that all reports will be investigated and resolved in a fair and impartial manner. A Complainant, a Respondent and all individuals involved can expect to be treated with dignity and respect. In every report under this policy, the College will make an immediate assessment of any risk of harm to the Complainant or to the broader campus community and will take steps necessary to address those risks. These steps will include interim measures to provide for the safety of the individual and the campus community.

Complainants and third-party witnesses are encouraged to report sexual harassment, sexual violence and intimate partner violence as soon as possible in order to maximize the College’s ability to respond promptly and effectively.  The College does not, however, limit the time frame for reporting. If the Respondent is not a member of the Shasta community, the College will still seek to meet its Title IX obligation by taking steps to end the harassment, prevent its recurrence, and address its effects, but its ability to take disciplinary action against the Respondent may be limited.
An incident does not have to occur on campus to be reported to the College.  Off-campus conduct that is likely to have a substantial effect on the Complainant’s on-campus life and activities or poses a threat or danger to members of the Feather River community may also be addressed under this policy.

To file a Title IX complaint/report online, use this link: Title IX Reporting Form

For more information on how a Title IX complaint/report is investigated and how to further pursue a complaint, please use the following resources:

United States Department of Education Office for Civil Rights
Contact Information:   Phone: (415) 486-5555
Email: OCR@ed.gov
Website

Feather River College Title IX Contacts
• Title IX Coordinator David Burris 530-283-0202 Ext 280 DBurris@frc.edu
• Dean of Student Services Carlie McCarthy 530-283-0202 Ext 273 CMcCarthy@frc.edu
• Director of Athletics Merle Trueblood 530-283-0202 Ext 295 MTrueblood@frc.edu

Yes Means Yes: Consent Law

 

Title IX: Sexual Harassment and Assault

Yes Means Yes Together we can make sure that when sex happens it is a positive experience for everyone involved. This positive experience is based upon consent, mutual agreement by both parties involved to every action that occurs along the way. Consent means both of you are ready and willing to share that moment and that both of you have control over what that moment will be like. In other words, both people have to say “Yes” and to continue to say “Yes” as the interactions continue—this is what healthy intimacy is all about!

How Do I Know If It’s a Yes?
While someone might not always verbally say “Yes” to sex, there are some basic guidelines to follow to make sure both parties consent:
• Consent is informed. It’s something you decide to do, not just let happen. It’s okay to talk about what you’re feeling and what you want to do—that’s how you’ll know that you both agree on moving forward.
• Consent is voluntary. It’s never okay to force someone to have sex, including threatening, intimidating, or pressuring them.
• Consent can be taken back. Just because someone agrees to one form of sexual activity doesn’t mean she or he is willing to do other forms of sexual activity. Positive sexual activities require both persons to check in with each other along the way and to make sure each new step is okay. It’s also okay for someone to change his or her mind and not want to continue a certain form of sexual activity.
• Consent is aware. A person can’t consent to sex when she or he is incapacitated, such as being drunk, under the influence of drugs, sleeping, or affected by a physical or mental impairment that makes them unable to decide to consent.
• Silence does not mean Yes.

Consent Law
In 2014, The State of California enacted Senate Bill 967 setting the standard of affirmative consent for all colleges and universities. Affirmative consent means “affirmative, conscious, and voluntary agreement to engage in sexual activity” and is “the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity.” To learn more about this law, click here