Title IX - Stop Sexual Violence

Know Your Title IX Responsibilities

Help Prevent Sexual Violence

Foothill College and the Foothill-De Anza Community College District are committed to preventing and responding promptly to all forms of sexual misconduct, including incidents of sexual harassment, sexual assault and other forms of sexual violence, including stalking, domestic violence, and dating violence.

All employees of the college and district have an obligation to help further this commitment.  You are encouraged to explore the Employee FAQs to learn more.

Things You Should Know About Sexual Violence

• 1 in 5 women report a sexual assault during their undergraduate collegiate experience.
• 3% of men in college report that they have been sexually assaulted in their lifetime.
• Sexual assault survivors are more likely to experience depression and anxiety.
• Experiences of sexual violence may affect a student’s academic performance.
• Someone who has been sexually assaulted or raped may not use those terms to describe what has happened to him or her.

How to Respond When It Happens

You may be the first person an individual reaches out to regarding what has happened to them. It is important you know how to respond, to provide helpful information and to explain the college’s process.

• Encourage an individual to seek medical and/or professional counseling attention immediately, if they have not done so.
• Don’t promise absolute confidentiality. You should clarify from the start that you are obligated to report any information of sexual misconduct brought to your attention to certain individuals at the college who are trained to respond appropriately. Direct students or employees seeking complete anonymity to speak only with confidential employees. Note: Confidential employees include only certain, specific individuals on our campus whom are exempt from the reporting requirements of other college employees. These individuals include licensed, professional mental health counselors working in that role through the Psychological Services Office at Foothill.
• Do not pressure an individual to provide you with more information than he or she is comfortable sharing. Your role is not to draw conclusions or determine what has happened.
• Do not try to counsel. Your role is to listen and to direct or refer the individual to available resources. Encourage individuals to seek counseling services offered by Psych Services.  Employees can receive counseling through the Foothill-De Anza’s Employee Assistance Program.
• Encourage an individual to utilize campus resources, and to consider filing a report with FHDA Police or filing a formal complaint through the Foothill process.
• Protect the privacy of all those involved. Beyond reporting as required below, do not share personal information or facts with others.

Who Has a Duty to Report?

Per Title IX regulations, if you are a responsible employee (as defined below) and you receive a complaint of sexual misconduct, including any assault, harassment or other sexual violence, it is your duty to report the incident. The college is deemed to be on notice and must take immediate* and appropriate steps to investigate or otherwise determine what occurred. 

• Employees must report incidents of sexual violence to the Title IX Coordinator.

*The college has 60 days to appropriately investigate any complaints, from the date the responsible employee received the initial complaint.

Responsible Employees

• Responsible employees include all supervisors, all employees that interact directly with students, and all employees that students might reasonably believe have some authority to take action or a duty to report.
  
  Though not exhaustive, this includes:
  
  
  • All instructors, including full-time, part-time, adjuncts, TA’s and any others who offer classroom instruction or office hours to students
  • All academic counselors
  • All coaches, trainers, and other athletic staff that interact directly with students
  • All administrators
  • Most classified employees who work in offices that interface with students
  • All supervisors and college officials.
• Responsible employees must immediately report all known information to the Title IX Coordinator.
• Reporting to Title IX Coordinators does not mean that the individual making the complaint will be required to bring a formal complaint or file a formal report with police, or participate in any college investigation or procedures. It will ensure that information regarding resources, assistance, reporting options, and rights and protections is provided. It can also help the college in preventing future incidents.
• Responsible Employees may also be considered Campus Security Authorities (CSAs) for purposes of Clery Act crime reporting.

If you have any doubt whether you have an obligation to report, you should report.

Confidential Employees

Confidential employees include only certain, specific individuals on campus whom are exempt from the reporting requirement addressed above. Refer students who desire anonymity to a confidential employee. These individuals include:

• Licensed, professional mental health counselors serving in that role at the time the disclosure of sexual misconduct is made.
• Health Center employees serving in that role at the time the disclosure of sexual misconduct is made.

Duties and Responsibilities of Title IX Coordinator

The Title IX Coordinator is informed of all reports of sexual misconduct, and oversees the college’s review, investigation, and resolution of those reports to ensure the college's compliance with Title IX.

• Responsible for oversight of the investigation and resolution of all reports of sexual harassment, sexual violence, stalking, and intimate partner violence involving students, staff, and faculty;
• Knowledgeable and trained in college policies and procedures and relevant state and federal laws;
• Available to advise any individual, including a complainant, a respondent, or a third party, about the courses of action available at the college, both informally and formally, and in the community;
• Available to provide assistance to any college employee regarding how to respond appropriately to a report of sexual misconduct;
• Responsible for monitoring full compliance with all procedural requirements, record-keeping, and timeframes outlined in this policy; and
• Responsible for overseeing training, prevention, and education efforts, and any reviews of climate and culture.