Sexual Harassment & Unlawful Discrimination

MiraCosta College is committed to providing a strong, supportive, and authentic environment where difference is valued, respected, encouraged, and honored; where all faculty, staff, and students experience a sense of belonging and the freedom to express themselves; and where their experiences are recognized and valued. All harassment is contrary to the basic standards of conduct between individuals and an academic and work environment that respects the dignity of individuals and groups. Federal and state law, as well as MiraCosta Community College policy and procedure, prohibits unlawful discrimination, including sexual harassment.

Violations of the policies below do not include conduct protected by the First Amendment or Academic Freedom. However, Freedom of Speech and Academic Freedom are not limitless, and this procedure will not protect speech or expressive conduct that violates federal or California anti-discrimination laws.

Sexual Harassment: Sexual Harassment under Title IX encompasses a broad range of sexual misconduct, including Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking.

Unlawful Discrimination: The District defines unlawful harassment as:

Harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, citizenship status, and military and veteran status. It also includes discrimination based on the perception that someone has one or more of the foregoing characteristics or based on association with a person or group with one or more of these actual or perceived characteristics.
Non-Title IX Sexual Harassment

Harassment may be verbal, physical, visual, written, or environmental.

Retaliation: The district prohibits any intimidation, threats, coercion, or discrimination against any individual participating in or refusing to participate in, a complaint made in good faith or a corresponding process.

Consensual Relationships: Romantic or sexual relationships between a supervisor and their subordinate employee, any classroom faculty and a student enrolled in their class or working for them as a student employee under their supervision, and any faculty member and a student they are advising, are prohibited. Romantic or sexual relationships between a supervisor and employee, and any employee and a student, are discouraged.

Confidentiality of the Process

The District does not reveal information about complaints or corresponding processes, and will keep information confidential to the extent possible, except as necessary to fulfill its legal obligations, implement supportive measures or discipline, or as otherwise “needed-to-know” to ensure a fair, orderly, and thorough process.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered free of charge to the Complainant or the Respondent regardless of whether a formal complaint has been filed. The district will provide the Complainant and Respondent with written options about supportive measures, available assistance, and how to request them. The district will provide such measures to Complainant and Respondent as appropriate and as reasonably available to restore or preserve equal access to the district’s education program or activities. These measures are designed to protect the safety of all Parties, protect the district’s educational environment, or deter sexual harassment. The district will provide supportive measures on a confidential basis and will not disclose that the district is providing supportive measures except to those with a need to know to enable the district to provide the service. Supportive measures may include changes to academic, living, transportation, and working situation or protective measures such as counseling, extensions of deadlines, other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work schedules , leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Supportive services are also available to Complainants who are part of the MiraCosta campus community, even where the Respondent is not, to ensure members of the campus community are provided resources and supported.

When requested by a Complainant or otherwise determined to be appropriate, the district shall issue a no-contact order prohibiting the Respondent from contacting the Complainant during the investigation. The district shall not issue a mutual no-contact directive automatically but instead shall consider the specific circumstances of each report of sexual harassment to determine whether a mutual no contact directive is necessary or justifiable to protect a Party’s safety or well-being, or to respond to interference with an investigation. If the district issues any no-contact directive, the district shall provide the Parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action. If the district issues a mutual no-contact directive, the district shall also provide the Parties with a written justification for the directive.

Reporting Options

Any person who has suffered harassment, discrimination, or retaliation, including individuals with legal authority on behalf of a student or employee, may file an informal report or a formal complaint and request a formal grievance process for harassment, discrimination, or retaliation orally or in writing with the District’s Title IX Coordinator. The District’s Title IX Coordinator is the "responsible District officer" charged with receiving and addressing complaints of discrimination or harassment. Individuals may be deterred from reporting incidents of sexual harassment if alcohol, drugs, or other violations of district or campus rules were involved. The District’s primary concern is for student and employee safety and that use of alcohol or drugs never makes a Complainant at fault for sexual harassment. An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the district’s student conduct policy at or near the time of the incident, unless the district determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

The District encourages students and staff to let the offending person know immediately and firmly that their conduct or behavior is unwelcome, offensive, in poor taste, or inappropriate. Anonymous reports will be investigated to the extent possible. However, anonymous reports may impede the District’s ability to respond to complaints thoroughly. For more information about protection from retaliation and confidentiality of the process, please contact the Director of Title IX & Inclusive Practices to discuss your concerns and see the corresponding sections of this page.

Title IX Coordinator

Caitlin Frank
Director of Title IX & Inclusive Practices
1 Barnard Drive
Oceanside, CA 92056
760) 795-6860
cfrank@miracosta.edu

Deputy Title IX Coordinators

Colleen Maeder
Director of Student Services, San Elijo
(760) 634-7806
cmaeder@miracosta.edu

Mitra De Souza
Director of Student Services, Community Learning Center
760) 795-6899
mdesouza@miracosta.edu

Terrence Shaw
Director of Student Life & Leadership, Oceanside
(760) 795-6899
tshaw@miracosta.edu

Tom Tubon
Executive Director, Community Education & Workforce Development
(760) 795-6824
ttubon@miracosta.edu

Additional Reporting Options

In addition to filing a complaint with the District, Complainants may have the following reporting options available to them:

File a complaint with local law enforcement about criminal conduct. Complainants may choose to be assisted by the Title IX Coordinator in notifying law enforcement, including facilitating a confidential report on their behalf if they elect to have their personally identifying information withheld. The District must investigate even if the complainant files a complaint with local law enforcement.
Students may file a complaint with the Office of Civil Rights (OCR) of the U.S. Department of Education.
If the complaint is employment‐related, the complainant may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Civil Rights (formerly, Department of Fair Employment and Housing (DFEH)) where such a complaint is within that agency's jurisdiction.
Claims for injury due to negligence must be filed with the Vice President of Human Resources, or the district’s Risk Management Officer.
Workplace violence or threat of violence by or against any employee should be immediately reported to an employee’s supervisor, or the VP Human Resources, VP Student Services, VP Administrative Services, College Police, or District Risk management Officer

Officials with Authority Required to Report

Since failure to report harassment and discrimination may impede the District’s ability to stop and respond to the behavior and preserve evidence, individuals are strongly encouraged to file timely complaints. Managers, supervisors, and Officials with Authority, must report complaints of harassment, discrimination and retaliation that they receive, including sexual harassment, to the Title IX Coordinator. For a full list of the Officials with Authority designated by the District, please review AP 3434: Responding to Sexual Harassment under Title IX.

Reports Against the Title IX Coordinator or District

If the party submitting the formal complaint alleges discrimination, harassment, or retaliation against the Title IX coordinator, the complaint should be submitted directly to the superintendent/ president or State Chancellor. If the party submitting the formal complaint alleges discrimination, harassment, or retaliation against the District, the complaint should be submitted directly to the State Chancellor.

After Reporting

Upon receiving notification of a harassment or discrimination complaint, the Director of Title IX & Inclusive Practices, or their designee, will contact the Complainant to explain their rights under policy and procedure and invite them to a meeting. The Title IX Coordinator or designee will discuss supportive measures with the Parties, their reporting wishes, and may ask preliminary questions about their report to complete an initial assessment. The Director of Title IX & Inclusive Practices, or their designee, will review the complaint to determine whether District policies & procedures apply, including making an immediate assessment concerning the health and safety of the Complainant and the campus community.

Individuals may normally decide whether they want to pursue a formal complaint and request an investigation into the reported conduct. If the Director of Title IX & Inclusive Practices finds there is a continued safety risk to any person, they will move forward with a formal complaint.

Informal Resolution

The Complainant may informally resolve their concerns through coaching, Restorative Justice, facilitate dialogue, shuttle diplomacy, mediation, or other informal efforts, with the consent of all parties involved. Parties are not required to participate in an informal resolution. The parties and the Director of Title IX & Inclusive Practices have the right to end the informal resolution process at any time. Mediation is not appropriate for resolving incidents involving sexual violence and the informal resolution process is not available to resolve allegations that an employee sexually harassed a student.

Formal Resolution

Investigation

If the Complainant or Director of Title IX & Inclusive Practices files a formal complaint, the District will investigate the allegations of the formal complaint, including notice of the grievance process, the opportunity to meet and provide perspective on the allegations, evidence review, and receipt of an Investigation Report. The District must dismiss a formal complaint if the conduct alleged would not constitute a violation of the applicable policy or the conduct alleged did not occur within the District’s jurisdiction as outlined in the applicable policy. The District may dismiss a formal complaint if the Complainant withdraws their complaint, the Respondent is no longer enrolled/employed with the District, or there are specific circumstances that prevent gathering sufficient evidence to reach a determination concerning the allegations.

The District will undertake its grievance process promptly and as swiftly as possible. The District will complete the investigation or the informal resolution process within 180 calendar days for grievances of Sexual Harassment under Title IX, and within 90 days for harassment and discrimination. The Director of Title IX & Inclusive Practices may extend the investigation timeline for good cause, such as to conduct a fair and complete investigation, accommodation an investigation by law enforcement or the unavailability of witnesses, delays by the Parties, District breaks or vacations, or complexity of the investigation. The District will notify the Parties of any extended deadlines, including the reason for the delay and the new deadline.

Adjudication

In the case of investigations under AP 3434: Responding to Harassment Under Title IX, the investigation report will include information about the evidence collected during the investigation and be provided to a decision-maker to determine at a hearing whether sexual harassment occurred with respect to each allegation.

In the case of investigations under AP 3435: Discrimination and Harassment Investigations, the report will include an analysis of the relevant evidence and a finding concerning whether probably cause exists to determine that discrimination, harassment, or retaliation occurred with respect to each allegation. There will not be a hearing, except in the case of discrimination by an employee.

If the District determines a violation of the policy or procedure occurred, it will take disciplinary action against the accused and any other remedial action it determines to be appropriate, consistent with state and federal law, District policy and procedure, employee manuals, collective bargaining agreements, or other employment agreements. The action will be prompt, effective, and commensurate with the severity of the offense. Possible student conduct outcomes or resolutions for student Respondents include written or verbal warnings, educational or restorative resolutions, student conduct probation, suspension, withdrawal of consent to remain on campus, restricted access to district property, expulsion, and other resolutions outlined in Administrative Procedure 5520: Student Conduct Procedures. Possible disciplinary sanctions for employee Respondents include written or verbal reprimand, required training or counseling, reduction in pay, demotion, suspension, or discharge. Parties may appeal the determinations in accordance with the applicable procedures.

Relevant Policies and Procedures

The college implements the following policies and procedures regarding harassment, discrimination, and retaliation, including sexual harassment. All MiraCosta College board policies and administrative procedures are located on the Board of Trustees webpage.

Resources

For more information on Title IX & Discrimination, including resources, frequently asked questions, and more, please visit MiraCosta College’s Title IX & Discrimination website.

https://www.miracosta.edu/hr/hr/title-ix-and-discrimination/index.html