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Employee FAQs

Title IX Employee FAQs

Find answers below to some common questions about sexual misconduct policies, reporting obligations, and employee responsibilities under Title IX and the Clery Act.

Foothill's policy governs all sexual misconduct, which includes sexual harassment, sexual violence, dating violence, domestic assault, domestic violence, rape, sexual assault, sexual exploitation, and stalking.

Title IX prohibits discrimination on the basis of sex under any educational program or activity receiving federal financial assistance. Any Responsible Employee that knows or should know about possible sexual harassment or sexual violence must report it to the Title IX Coordinator.

Responsible Employees include all instructors, advisors, coaches, athletic staff, student affairs administrators, residential hall staff, employees who work in offices that interface with students, and all supervisors and college officials.

Confidential Employees — mental health counselors, campus health care center staff, and victim advocates — do not have an obligation to report and students may speak to them anonymously.

Clery requires Foothill to collect and publish statistics for crimes reported on campus, public property adjacent to campus, and other non-campus Foothill property. Each campus publishes an Annual Security Report containing crime statistics, emergency response info, safety policies, and disciplinary procedures. Campus Security Authorities (CSAs) are responsible for ensuring crime information known to them is conveyed to the college for reporting purposes.

The difference: Clery's purpose is to disseminate information about certain crimes occurring on campus. Title IX's purpose is to ensure the college appropriately responds to and prevents incidents of sexual misconduct.

If there is an emergency or a serious and continuing threat to anyone, call 911 or the police immediately.

When a Responsible Employee is made aware of sexual misconduct, the college is considered to be on notice and must act promptly. As a Responsible Employee, you have an obligation to promptly contact your campus Title IX Coordinator to report what you know about an incident of sexual misconduct — even when the misconduct has been perpetrated against or by a third party.

By reporting, you ensure that victims are connected with those trained to assist them and that the safety of the victim and others in the college community is protected.

If there is an emergency or a serious and continuing threat to anyone, call 911 immediately. FHDA Campus Police will ensure appropriate officials are informed, including the Title IX Coordinators.

In non-emergencies, report the incident to the Title IX Coordinator for your campus. The Title IX Coordinator will ensure that any reports of a sex offense, dating violence, domestic violence, sexual assault, or stalking are reported to the appropriate Clery officials. By reporting to the Title IX Coordinator, you have fulfilled both your Responsible Employee and CSA obligations.

Any Confidential Employee who is not a licensed mental health counselor or pastoral counselor serving in those roles must still provide non-identifying aggregate information regarding any Clery crime known to them directly to FHDA Police.

All Title IX Coordinators and their contact information are listed under the "Employee Resources" tab on the Title IX Coordinators page.

When someone shares this information, they are sharing something very personal and traumatic. Here are some important tips:

  • Be supportive in your words and actions.
  • Listen without judgment.
  • Avoid questions that may imply blame or second-guess their behavior.
  • Avoid phrases like "Why did (or didn't) you?" or "You should…"
  • Ask how you can help.
  • Remind them that the incident is not their fault.

Be patient. It may be hard for the person to describe what happened and they may seem confused. Memories are often fragmented and a victim may present information out of order.

Listen and focus on what that person may need in the moment. To be supportive and reassuring, consider saying:

  • "I am sorry this happened to you."
  • "How can I help?"
  • "Do you have a safe place to be?"
  • "Have you had a chance to see a doctor?"
  • "I am glad you shared this with me."
  • "Thank you for telling me."
  • "What happened is not your fault."

Yes. It is important the person understands that you will be informing the Title IX Coordinator of the information (including their name and the nature of the incident), why you are sharing it, and what will happen next.

If you anticipate someone may want to share information with you, consider gently saying: "I want to let you know that given my role on campus, I have an obligation to share information about incidents of sexual misconduct with our Title IX coordinator.

The college needs to make sure you have information about local resources that might be helpful, and must make sure that you and others on campus are also safe. You can decide how much or how little you want to share with them — that is up to you."

You must still report their information as required and inform the individual that while specific college administrators need to receive the information, you will convey their concerns.

You cannot guarantee absolute confidentiality, but you can offer that the college will uphold the person's privacy as much as possible and only share with those who have a need to know.

If the person has not yet shared details but asks if they can tell you something in confidence, let them know your reporting obligation and suggest they speak with a Confidential Employee instead.

After you report to the Title IX Coordinator, they will notify the college Title IX Coordinator. The Title IX Coordinator will typically reach out to the individual to ensure they have access to available resources such as counseling services and interim measures (e.g., no contact orders, assistance with changing living, academic, work, or transportation situations).

They will also explain the individual's rights and options, including pursuing an institutional complaint or filing a criminal complaint.

Be comfortable saying "I do not know the answer to your question, but I will help connect you to those who do."

Yes. Share specific information about available counseling and medical attention. Campus-specific resources and contact information can be found on the "If You Experience Sexual Violence" and "Resources" pages. You can also let students know they can report the incident directly to campus authorities on the "Just Report It" page.

No. Your job is not to investigate, determine if a crime has been committed, or act as a counselor. Those responsibilities are assigned to specific offices:

  • The police will investigate complaints of a crime.
  • Campus Title IX officers will investigate violations of college policy and arrange accommodations.
  • Medical professionals will address physical needs.
  • Advocates can assist with resources and reporting options.
  • Mental health professionals are available to support the process of recovery.
  • If you believe someone is in immediate danger, call 911.
  • Consider taking the person to the Mental Health and Wellness Center on campus or in your community.
  • Available counseling resources can be found on the "If You Experience Sexual Violence" page.

No one. Once you have reported the incident to the Title IX Coordinator for your campus, you should NOT share the information with anyone else. If your supervisor expects you to share such a report with them, you can let them know that you've made a report (without sharing specifics) and give them the name of the college Title IX Coordinator so they may follow up directly.

 

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Contact Us

Human Resources Equity and Compliance

Campus Center, Room 2130

Tony Brown, J.D.
(650) 949-6284
browntony@fhda.edu

Maritza Ortiz-Urrutia, J.D.
(650) 559-3631
v_ortiz-urrutiamaritza@fhda.edua.edu
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