Title IX Policy & Procedures
Title IX of the Education Amendments of 1972 requires that all entities in receipt of any federal funds or financial assistance must prohibit sex discrimination in their education programs and activities.
Examples of the types of discrimination that are covered under Title IX include: sexual harassment, the failure to provide equal opportunity in athletic and academic programs, and discrimination based on pregnancy. Retaliation for filing a complaint or advocating for a right protected by Title IX is also prohibited. In addition, Title IX protects male and female students from sexual harassment by any college employee, another student, or a non-employee third party.
Policy information and resources
Delta College’s Title IX Sexual Harassment Policy (PDF) was developed to address sexual harassment that specifically meets the Department of Education's definitions and jurisdictional requirements. Allegations that do not meet the specific criteria under Title IX may be covered under the college's Sexual Misconduct & Gender Discrimination Policy and Procedures.
Title IX Resolution Process Timeline
|Timeline (up to 90 days)||Explanation|
|The Title IX Coordinator will conduct an initial assessment on a report/notice to determine if the alleged behavior reported could violate the Title IX Sexual Harassment Policy, Sexual Misconduct & Gender Discrimination Policy and Procedures and/or other Delta College policies. Information about how to file a formal complaint, the grievance processes and supportive measures are provided to the complainant so that next steps can be determined.|
|Formal complaint received||Information about the allegations, process and supportive measures are sent to the complainant and respondent. The investigation is initiated and the Title IX Coordinator will assume the role of Investigator, unless a conflict of interest/bias is identified.|
|Choice of advisor||The complainant and respondent are asked to notify the Equity Office with the name of their Advisor for the process (if any) and hearing (required). If they do not have an Advisor, our office will provide them with an Advisor for the hearing.|
Separate investigation meetings with:
During the first investigation meeting Investigator will:
|Evidence collection||It is valuable to meet with people who were around during the time of the situation to hear their perspectives. Witnesses must be relevant to the situation, they cannot be character witnesses. Examples of documentary evidence are screenshots, text messages, emails, or any official documents such as police reports or SANE exams.|
|Follow up investigation meetings||The Investigator will meet separately with the complainant and respondent for a second meeting. This follow up meeting allows for us to go through any gray areas in the information we have gathered. This will help assist in having an accurate investigation report.|
|Draft investigation report
10 days to review
|A draft investigation report and collected documentary information is compiled by the Investigator. This document contains the perspectives of the complainant, respondent, witnesses, and all documentary information.|
|Feedback on draft investigation report
||The complainant and respondent are provided 10 days to review and provide feedback. They can provide any additional information, context they feel is missing from the report or any comment by submitting a written response through the provided online link.|
|Written response review||The Investigator will review the feedback and any submitted responses and may or may not respond to and/or share responses with the opposing party. If the Investigator determines more investigation meetings are necessary then the process starts back at “Separate Investigation Meetings.”|
|Final investigation report
10 days to review
|The Investigator takes the feedback and written responses into consideration and finalizes the Investigation Report. The Final Investigation Report, including all directly related evidence is distributed to the complainant, respondent, and their advisors (at the request of the parties). The parties are again provided with 10 business days to review, provide feedback and any comment by submitting a written response through the provided online link.|
At least 10 days before hearing
|Hearing notices will be sent to the complainant and respondent at least 10 days before the hearing with the date, time, and location of the hearing. A date and time is selected based on the student’s academic schedules, if applicable. This notice will provide a refresher on the outline of the hearing and what they should be prepared to share. It will also provide another opportunity for each party to identify, change or request an Advisor for the hearing, if not, an Advisor will be assigned.|
|Hearing||The hearing is held as scheduled. In the hearing each party will be given a chance to share their perspective and ask questions of the other party through their Advisor.|
|Notice of outcome||The Notice of Outcome Letter is sent within 8 business days of the hearing. The outcome letter will outline whether or not there is a finding of a policy violation and if so any applicable sanctions that were assigned. It will also explain the parties’ right to an appeal and how one can be filed.|
Both the complainant and respondent are able to appeal the decision within 5 business days of the hearing. The grounds for appeal are
Title IX also prohibits retaliation which is any adverse action taken against a person participating in a protected activity or because of that person's participation in that protected activity.
- Dear Colleague Letter on Retaliation (April 2013, U.S. Department of Education Office for Civil Rights)
Violence Against Women Act
The Violence Against Women Act (VAWA) seeks to address the violence women may face on campus, including dating violence, domestic violence, stalking and sexual assault. Below is more information on VAWA.
Delta College’s Sexual Misconduct & Gender Discrimination Policy and Procedures were developed to address sexual harassment that specifically meets the Department of Education's definitions and jurisdictional requirements.
Sexual misconduct resolution process timeline
|Timeline (up to 60 days)||Explanation|
|Report/notice received||The Title IX Coordinator will determine if any interim measures are warranted and public safety will assess if the college has a duty to warn the college community.|
|Preliminary investigation||The Title IX Coordinator will meet with the complainant and/or the person who filed
the complaint to determine if there is reasonable cause to believe that a violation
may have occurred.
|Notice of investigation/charge||The respondent is notified of the allegations and that an investigation will take place. If the respondent is an employee, a decision will be made whether the immediate supervisor needs to be notified.|
|Investigation||During the first investigation meeting Investigator will:
Elicit any documentary information and names of relevant witnesses
|Complaint evidence summary report review||The Investigator will compile the complaint evidence summary report. This document contains the perspectives of the complainant, respondent, witnesses, and all evidence gathered throughout the investigation. Both the complainant and respondent are provided with two days to review and provide any feedback.|
|Sanction determination report||The Investigator then takes any feedback into consideration submitted by the parties and adds their recommended findings and sanctions to create the Sanction Determination Report. This report is then submitted to the appropriate VP responsible for making the final determination on the case.|
|Final determination||After reviewing the report, the appropriate VP will make a final determination of the case and send their decision to the Equity Office to prepare the notice of outcome.|
|Cross-examination hearing (if applicable)||
If in the final determination there are adverse sanctions imposed based solely on credibility, the respondent will have the right to a cross-examination hearing to be held with the appropriate VP.
|Notice of outcome||The Notice of Outcome Letter is sent to both parties outlining the final decision, any sanctions imposed, including the rationale for both and instructions on how the parties may file an appeal.|
Both the complainant and respondent are able to appeal the decision withinfive business days from receipt of the investigation results. The grounds for appeal are
Pregnancy and parenting
To ensure that colleges and universities are following Title IX, the U.S. Department of Education issued guidance on supporting pregnant and parenting students staying in school and completing their education. As a result, the Equity Office encourages faculty and staff to refer all pregnant students to the Equity Office so that they can receive information about possible assistance under the Title IX regulation. Additionally, the Equity Office annually provides faculty with guidelines for supporting pregnant and parenting students.
- Supporting Academic Success for Pregnant & Parenting Students (June 2013, U.S. Department of Education Office for Civil Rights)
- Pregnant and Parenting Students' Rights Toolkit (National Women's Law Center)
|What do I do when a student discloses that they are pregnant or that they recently delivered their child?||Refer the student to the Equity Office via the Maxient form above and let them know to check their Delta email for information from the Equity Office. To avoid any perception of discriminatory practices, do not make any adjustments at this time without first discussing with the Equity Office but do not drop.|
|I'm not sure how to respond to a student who discloses pregnancy related information?||
The Equity Office has developed templates that may be used but are not required
|What do I do if I haven't heard back from the Equity Office regarding a pregnant student in my course?||Follow your syllabus. Obtaining medical documentation may take 3-4 weeks or longer depending on the specific situation. Do not drop the student during this time without speaking to the Equity Office.|
|What do I do when I receive a notice from the Equity Office stating that a student has Title IX protection?||
In the notice you receive from them Equity Office, you will be provided with the time period that the student is eligible for accommodations and will request you to develop an accommodation plan.
|How do I submit my accommodation plan?||You can submit it using the online form or by emailing the Equity Office at firstname.lastname@example.org.|
|I'm not sure how to make accommodations for the student?||You can reach out to the Equity Office to schedule a meeting with the Title IX Coordinator and/or to your Associate Dean. Additionally, the Office of Disability Resources may also be included in the development of these plans, as necessary.|
|What if after developing an accommodation plan for a student, the student does not complete the work?||Once the plan deadline expires, the student should receive the grade earned. Any additional accommodations are at the discretion of the instructor as the Equity Office would only be involved if the student experienced a new Title IX event for which the provided medical documentation.|
|Are there lactation rooms available for students?||The following lactation rooms are available for students:
Delta College follows all NJCAA rules as it relates to athletics.