PR 20.001 Prohibition of Sexual or Gender-Based Harassment or M…

College Policies

PR 20.001 Prohibition of Sexual or Gender-Based Harassment or Misconduct

Date: December 17, 2025
Purpose: This Prohibition of Sexual or Gender-Based Harassment or Misconduct Operating Procedure (“Operating Procedure”) is intended to be used in conjunction with the Prohibition of Sexual or Gender-Based Harassment or Misconduct Operating Policy (“Operating Policy”). The Operating Policy sets out key definitions, standards, and expectations regarding Portland Community College’s (the “College” or “PCC”) prohibition of sexual or gender-based harassment or misconduct.
Review: This OP will be reviewed in July of each year by the Title IX Coordinator(s) or when revised federal or state law warrants review.
RACI:
- Responsible: Title IX Coordinator(s); Deputy Title IX Coordinator, PSEC
- Accountable: Executive Vice President
- Consulted: Legal Counsel; President’s Cabinet
- Informed: Board of Directors; College Community

Procedure

Scope
- As described in the Operating Policy, sexual harassment is defined under both federal and state law. For the purposes of the Operating Policy and Operating Procedure, the term “Prohibited Conduct” refers to sexual harassment as defined under Title IX or Oregon law. Conduct that falls within the definition of federal Title IX (“Title IX Prohibited Conduct”) will be addressed according to the requirements of Title IX. Conduct that falls outside the definition of Title IX but within the definition of Oregon law (“Oregon Prohibited Conduct”) will be addressed under Oregon law or other applicable requirements. As set forth below, allegations of Title IX Prohibited Conduct are addressed under “Process A” and allegations of Oregon Prohibited Conduct are addressed under “Process B.”
- This Operating Procedure establishes the procedures that apply when the College is on notice of a report of Prohibited Conduct. There are two main processes for addressing concerns of Prohibited Conduct: the Informal Resolution Process or the Formal Resolution Procedure. Together, these two processes are referred to as the “Resolution Processes” or “Resolution Options.” The Resolution Options are described in detail below. Process A sets out the Informal Resolution Process and the Formal Resolution Procedure for allegations of Title IX Prohibited Conduct. Process B sets out the Informal Resolution Process and the Formal Resolution Procedure for allegations of Oregon Prohibited Conduct. The College treats the Resolution Processes as confidential and expects individuals participating in the Resolution Processes to respect confidentiality.
- Title IX requires specific procedures when responding to Title IX Prohibited Conduct. This Operating Procedure establishes the College’s response to reports of Title IX Prohibited Conduct, including the Title IX Informal Resolution Process and the Title IX Formal Resolution Procedure.
- Any questions regarding the Operating Policy or Operating Procedure should be directed to the Title IX Coordinator at titleix@pcc.edu or 971-722-7511
Response following Notice to the Title IX Coordinator of Prohibited Conduct
- The Title IX Coordinator will respond when the Title IX Coordinator is on notice of Prohibited Conduct, whether the notice is oral or in writing. As described below, when the Title IX Coordinator receives notice of Prohibited Conduct, the Title IX Coordinator will contact the Reporting Party to discuss the Resolution Options.
- For the purposes of Title IX Prohibited Conduct, a Title IX Formal Complaint is required before the College can offer either the Informal Resolution Process or the Formal Resolution Procedure.
Complaint/Title IX Formal Complaint
1. Complaint/Title IX Formal Complaint filed by Respondent or Third Party
  - A Complaint is an oral or written request to the College that objectively can be understood as a request for the College to investigate and make a determination about allegations of Prohibited Conduct. Upon receipt of a Complaint, the Title IX Coordinator will evaluate the Complaint and contact the Reporting Party to discuss options.
  - If the conduct in the Complaint meets the definition of Title IX Prohibited Conduct, the Title IX Coordinator will inform the Reporting Policy of the requirement to have a written, signed Title IX Formal Complaint before the College can proceed under Process A. If the conduct in the Complaint meets the definition of Oregon Prohibited Conduct, the Title IX Coordinator can accept either an oral or written complaint before proceeding under Process B.
  - If the College receives a report of Title IX Prohibited Conduct, but the Reporting Party does not want to file a Title IX Formal Complaint, the College will still offer supportive measures.
2. Title IX Formal Complaint Filed by the Title IX Coordinator.
  - If the Title IX Coordinator receives notice of Title IX Prohibited Conduct and no Title IX Formal Complaint is filed or the allegations in the Title IX Formal Complaint are withdrawn, the Title IX Coordinator may file a Title IX Formal Complaint to initiate the Formal Resolution Procedure under Process A. When the Title IX Coordinator files a Title IX Formal Complaint, the Title IX Coordinator does not become the Reporting Party.
  - The Title IX Coordinator may elect to file a Title IX Formal Complaint if there is a serious and imminent threat to the safety of any person (including the Reporting Party) or if the College cannot ensure equal access without initiating a Title IX Formal Complaint.
  - When determining whether to file a Title IX Formal Complaint, the Title IX Coordinator will evaluate the following factors:
    1. The Reporting Party’s request not to proceed with initiation of a Title IX Formal Complaint;
    2. The Reporting Party’s reasonable safety concerns regarding initiation of a Title IX Formal Complaint;
    3. The risk that additional acts of Prohibited Conduct would occur if a Title IX Formal Complaint were not initiated;
    4. The severity of the alleged Prohibited Conduct, including whether the Prohibited Conduct, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the Prohibited Conduct and prevent its recurrence;
    5. The age and relationship of the parties, including whether the Respondent is a College employee;
    6. The scope of the alleged Prohibited Conduct, including information suggesting a pattern, ongoing Prohibited Conduct, or Prohibited Conduct alleged to have impacted multiple individuals;
    7. The availability of evidence to assist a decision-maker in determining whether Prohibited Conduct occurred;
    8. Whether the College could end the alleged Prohibited Conduct and prevent its recurrence without initiating the Formal Resolution Procedure.
  - The Title IX Coordinator may consult with appropriate College employees, and/or conduct a risk assessment to aid their determination whether to initiate a Title IX Formal Complaint.
  - If the Title IX Coordinator files a Title IX Formal Complaint, the Title IX Coordinator will notify the Reporting Party prior to doing so and address reasonable concerns about the Reporting Party’s safety or the safety of others. The Title IX Coordinator will also offer supportive measures as described in the Operating Policy and Operating Procedure.
Initial Evaluation Following Notice or Receipt of a Complaint/Title IX Formal Complaint
- Upon receipt of a Complaint/Title IX Formal Complaint or notice to the Title IX Coordinator of Prohibited Conduct, the Title IX Coordinator will conduct an initial evaluation typically within seven (7) days.
- If circumstances require, the President or Title IX Coordinator will designate another person to fulfill the duties of the Title IX Coordinator should a Complaint/Title IX Formal Complaint be made about the Title IX Coordinator or the Title IX Coordinator be otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.
- The initial evaluation typically includes the following steps:
  1. The Title IX Coordinator will assess whether the reported conduct, if true, would constitute Prohibited Conduct as defined in the Operating Policy. If the conduct does not reasonably constitute a violation of the Operating Policy, the matter is typically removed from the processes described in the Operating Policy and Operating Procedure. The report may then be referred to any other applicable College policies for further evaluation, including an investigation consistent with any applicable College procedures. If a Title IX Formal Complaint has been filed under Title IX and the conduct is determined to not fall within the definition of Title IX Prohibited Conduct, the Title IX Coordinator will follow the dismissal procedures described in this Operating Procedure.
  2. The Title IX Coordinator will determine whether the College has jurisdiction over the reported Prohibited Conduct as defined in the Operating Policy. If the conduct is not within the College’s jurisdiction, the matter is typically removed from the processes described in the Operating Policy and Operating Procedure. If applicable, the report will be referred to the appropriate College office for resolution. If a Title IX Formal Complaint has been filed under Title IX and the College is determined not to have jurisdiction under Title IX, the Title IX Coordinator will follow the dismissal procedures described in this Operating Procedure.
  3. If the Reporting Party or Respondent is both a student and a College employee, determining whether to apply the provisions specific to students or employees, considering, at a minimum, whether the student’s primary relationship with the College is to receive an education, and whether the reported conduct occurred while the student was performing employment-related work.
- Following the initial assessment, the Title IX Coordinator will typically determine whether to proceed under Process A or Process B depending on the nature of the allegations.
Initial Notification of the Parties
- After conducting the initial evaluation, the Title IX Coordinator will provide initial notification and support to the parties as described below.
  1. Initial Notification and Support for the Reporting Party
    - If the Title IX Coordinator determines that the conduct falls within the definition of Prohibited Conduct and the College has jurisdiction, the Title IX Coordinator or a designated representative from PSEC will contact the Reporting Party and invite the Reporting Party to an in-person meeting to provide information about the Operating Policy and Operating Procedure, including Process A and Process B, notify the Reporting Party of the availability of supportive measures, and determine whether the Reporting Party wishes to initiate a Complaint/Title IX Formal Complaint and pursue one of the Resolution Options.
  2. Initial Notification and Support for the Respondent
    - If the Respondent is aware of the allegation of Prohibited Conduct and contacts the Title IX Coordinator, or the Title IX Coordinator otherwise determines that it is appropriate to contact the Respondent after the initial evaluation, the Title IX Coordinator will provide the Respondent with information about the Operating Policy and Operating Procedure, including Process A and Process B, and the availability of supportive measures.
    - Depending on the specific circumstances, the Respondent may also receive notices as described in Process A and Process B below.
  3. Additional Considerations Following Notification
    - If any party indicates, either verbally or in writing, that they want to pursue the Informal Resolution Process under Process A or Process B, the Title IX Coordinator will assess whether the matter is suitable for the Informal Resolution Process.
    - If the Reporting Party indicates that they do not want any action taken regarding the Prohibited Conduct, no Resolution Process will be initiated unless deemed appropriate by Title IX Coordinator or the Title IX Coordinator files a Title IX Formal Complaint for the purposes of Title IX Prohibited Conduct. However, the Reporting Party can elect to initiate a Resolution Process at a later date, if desired.
Supportive Measures
- Supportive measures are non-disciplinary, non-punitive individualized services offered without fee or charge to the parties at any time regardless of whether a Complaint/Title IX Formal Complaint has been filed. After receiving notice of a report of Prohibited Conduct, the College will provide such measures to the parties as appropriate and as reasonably available to restore or preserve equal access to the College’s education program or activities and workplace. These measures are designed to protect the safety of all parties, protect the College’s educational environment, and deter Prohibited Conduct without unreasonably burdening either party.
- The College will provide supportive measures on a confidential basis and will not disclose that the College is providing supportive measures except to those with a need to know in order to enable the College to provide the service or to restore a party’s access to the College’s educational program or workplace, or if disclosure is authorized by the party receiving the supportive measure.
- For the purposes of Title IX Prohibited Conduct, if the College declines to provide certain supportive measures to Reporting Party, the College will document why the denial was not clearly unreasonable in light of the known circumstances.
1. Examples of Supportive Measures
  - Available supportive measures vary for students, employees, and other parties. Supportive measures may include, but are not limited to:
    1. Providing academic support, such as changes to academic schedule, extensions of deadlines, changes in class or extracurricular activities, or course-related adjustments
    2. Reasonable accommodations (which will be coordinated though the College’s accommodation process);
    3. Changes to working situation, location, or activities;
    4. Safety planning, including providing campus escort services;
    5. Leaves of absence;
    6. Voluntary withdrawals;
    7. Increased security and monitoring of certain areas of the campus;
    8. For employees, referrals to the Employee Assistance Program (EAP) and/or other PCC or community-based counseling, medical, or supportive services;
    9. For students, referrals to PCC or community-based services; and/or
    10. Any other measures deemed appropriate by the College or Title IX Coordinator.
2. Supportive Measures for Individuals with Disabilities
  - If an individual has a disability, the Title IX Coordinator may consult, as appropriate, with the designated department or individual to provide support to individuals with disabilities to determine how to comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.
3. Modification or Termination of Supportive Measures
  - The College may modify or terminate supportive measures after the conclusion of the Informal Resolution Process and Formal Resolution Procedure, or the College may determine to continue supportive measures beyond that time.
Support Person or Title IX Advisor
1. Support Person
  - A support person is an individual chosen by a party to accompany the party to meetings before and during the Resolution Process to provide support.
  - A party may have one support person. A party must sign a release of information so that the support person can attend confidential meetings and view confidential records.
2. Title IX Advisor
  - For the purposes of the Process A Title IX Formal Resolution Procedure, the parties may have an advisor to accompany the party to meetings, to advise the party on the process, and to conduct cross-examination for the party if a live hearing is held. If a live hearing is held, the party must have an advisor.
  - A party may have one person fulfill the role of the advisor and one person fulfill the role of the support person. A party must sign a release of information so that the advisor can attend confidential meetings and view confidential records.
  - For the purposes of the Formal Resolution Procedure for Title IX Prohibited Conduct, a party does not have a right to self-representation at a live hearing; an advisor must conduct any cross-examination. The College will provide an advisor of its choice, free of charge, to any party without an advisor to conduct cross-examination. If an advisor fails to appear at the hearing, the College will provide an advisor to appear on behalf of the non-appearing advisor.
3. Who can Serve as a Support Person/Advisor
  - Each party may choose anyone to act as their support person or advisor, which can include a friend, family member, lawyer, confidential advocate (if applicable), union representative (if applicable), or any other individual of the party’s choice.
  - The Title IX Coordinator can assist parties in identifying a potential support person or advisor. The College, however, cannot guarantee equal support persons or advisors—meaning that if one party elects to have an attorney serve as their support person or advisor, the College is not obligated to provide an attorney to advise other parties.
  - If a party wishes to change their support person or advisor during the process, the party must provide the Title IX Coordinator with prompt notice in writing. The consent to share information with the party’s previous support person or advisor is terminated upon receiving written notice. A release for the new support person or advisor must be submitted as outlined in the Operating Policy and Operating Procedure and any other relevant procedures.
  - The College is not responsible for any advice or information provided by the party’s support person or advisor.
4. Role of the Support Person and the Advisor
  - A support person may assist a party in preparing for meetings or interviews but may not provide testimony or obstruct or disrupt the Resolution Process. Similarly, for the purposes of the Title IX Formal Resolution Process, an advisor may assist a party in preparing for meetings or interviews but may not provide testimony or obstruct or disrupt the Title IX Formal Resolution Process. The advisor will conduct cross-examination for the party if a live hearing is held.
  - A support person or advisor is required to maintain confidentiality regarding meetings they attend and information, including records, that they receive or review. The College may restrict the role of a support person or advisor who does not respect the sensitive and confidential nature of the processes described in the Operating Policy and Operating Procedure or who fails to abide by the confidentiality expectations or any other College policies and related procedures. The Title IX Coordinator has the right to determine what constitutes appropriate behavior of a support person/advisor and take reasonable steps to ensure compliance with the Operating Policy and Operating.
Interim No-Contact Directives
- At the discretion of the Title IX Coordinator, and in consultation with other College officials, the College may issue an interim no-contact directive to ensure safety and preserve access to educational and employment opportunities. Interim no-contact directives are designed to support a safe environment while a Resolution Process is underway. Interim no-contact directives are mutual, applying equally to all parties, and generally limit communication directly between parties or through third parties. Students or employees who violate the terms of a no-contact directive may be subject to disciplinary action.
- To request a no-contact directive, a party should contact the Title IX Coordinator.
- An interim no-contact directive is not equivalent to a court-issued protective order. Parties may contact law enforcement to seek a court-issued protective order.
Student Interim Removal/Title IX Emergency Removal
1. Student Interim Removal Related to Oregon Prohibited Conduct
  - When there is an allegation of Oregon Prohibited Conduct, the College may remove a student Respondent from its educational program, activity, or workplace in accordance with its student conduct procedures. In doing so, the College will follow disability laws and prioritize supportive measures whenever appropriate as an alternative. All interim removals are coordinated and monitored through the Title IX Coordinator. The College may provide alternative coursework options to minimize the academic impact of an interim removal. Failure to comply with an interim removal directive will be grounds for disciplinary action, up to and including dismissal or expulsion.
2. Student Emergency Removal Related to Title IX Prohibited Conduct
  - When there is an allegation of Title IX Prohibited Conduct, the College may remove a student Respondent from its educational program, activity, or workplace on an emergency basis if an individualized safety and risk analysis concludes that an imminent and serious threat to any person’s health or safety, arising from allegations of Title IX Prohibited Conduct, justifies such action. The Respondent will be promptly notified and given an opportunity to challenge the decision immediately following the removal.
  - The College may impose a Title IX emergency removal of a Respondent when necessary, adhering to disability laws and prioritizing supportive measures whenever appropriate as an alternative. All emergency removals are coordinated and monitored through the Title IX Coordinator.
  - The Title IX Coordinator, in consultation with relevant College officials, will conduct an individualized safety and risk analysis to determine if a Title IX emergency removal is justified. The Title IX Coordinator will approve all Emergency Removals.
  - In all cases in which a Title IX emergency removal is imposed, the Respondent will receive notice of the Title IX emergency removal and the reasonable and timely opportunity to challenge the decision. The Respondent may request a meeting with the Title IX Coordinator before the Title IX emergency removal is imposed or as soon as reasonably possible afterward to present any reason why the Title IX emergency removal should not be implemented or should be modified. This meeting is strictly administrative and is not a hearing on the merits of the allegations; it is limited to determining whether the Title IX emergency removal is appropriate. A Respondent may be accompanied by an advisor of their choice in this meeting with the Title IX Coordinator. The College typically issues a written decision on any challenge to the Title IX emergency removal within three (3) days of receiving the challenge.
  - The Title IX Coordinator may provide alternative coursework options to minimize the academic impact of a Title IX emergency removal. Violating an emergency removal directive will be grounds for disciplinary action, up to and including dismissal or expulsion.
Employee Administrative Leave
- The College may place a non-student employee Respondent on administrative leave following the receipt of notice of Prohibited Conduct. The College will follow any relevant policies and procedures, collective bargaining agreements, applicable disability laws, or other federal or state law in placing an employee on administrative leave. A violation of the terms of an employee’s administrative leave will be grounds for disciplinary or corrective action, up to and including dismissal or termination.
Timeline for Completion of the Resolution Process
- The College will make every reasonable effort to resolve Complaints/Title IX Formal Complaints in reasonably prompt timeframes. The College will complete the Formal Resolution Procedure or the Informal Resolution Process within 180 calendar days.
- When appropriate, the Title IX Coordinator may determine that good cause exists to extend the 180-calendar day period to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the parties, to account for College breaks or vacations, due to the complexity of the investigation, or for other good cause. The College will provide notice of this extension to the Reporting Party and Respondent in writing and include the reason for the delay and anticipated timing of completion.
- The Respondent or Reporting Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the requested extension and the length of the continuance requested. The Title IX Coordinator will evaluate the request for an extension and will notify both parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping.
Dismissal of a Title IX Formal Complaint
1. Process for Dismissal of a Title IX Formal Complaint
  - The College must dismiss a Title IX Formal Complaint or any allegations therein if at any time during this process:
    1. The conduct alleged in the Title IX Formal Complaint would not constitute a violation of Title IX Prohibited Conduct, even if proven to have occurred as alleged;
    2. The conduct did not occur in a program or activity controlled by the College (including buildings or property controlled by recognized student organizations), and/or the College does not have control of the Respondent; or
    3. The conduct reported did not occur against a person in the United States.
  - The College may dismiss a Title IX Formal Complaint or any allegations therein if at any time during this process:
    1. The Reporting Party notifies the Title IX Coordinator in writing that they would like to withdraw the Title IX Formal Complaint or any allegations therein;
    2. The Respondent is no longer enrolled in or employed by the College; or
    3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Title IX Formal Complaint or specific allegations therein.
  - If a Title IX Formal Complaint alleging Title IX Prohibited Conduct is dismissed, the Title IX Coordinator will evaluate whether to address the Complaint under the procedures for Oregon Prohibited Conduct or other applicable College policies or procedures.
  - If the College dismisses a Title IX Formal Complaint, it may offer supportive measures to the parties as appropriate. The Title IX Coordinator will also take other appropriate prompt and effective steps to ensure that Prohibited Conduct does not continue or recur within the College’s education program or activity.
  - Upon dismissal of a Title IX Formal Complaint, the College will promptly send the parties with written notification of the dismissal and the rationale for doing so.
2. Appeal Process for Dismissal of a Title IX Formal Complaint
  - The Parties may appeal a decision to dismiss a Title IX Formal Complaint by filing a written appeal with the Title IX Coordinator. All dismissal appeal requests must be filed within three (3) days of the notification of the dismissal decision.
  - A dismissal may be appealed on the following grounds:
    1. A procedural irregularity affected the outcome of the dismissal decision;
    2. New evidence that was not reasonably available at the time the determination regarding dismissal was made and that could affect the outcome of the matter; or
    3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or that affected the dismissal decision.
  - The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request, the Title IX Coordinator will share the request and supporting documentation with the other party and provide three (3) days for the other party to respond to the appeal. If, however, the Reporting Party appeals the dismissal, but the Respondent was not yet notified of the Title IX Formal Complaint, the Title IX Coordinator will then provide the Respondent with a notice of the allegations and will also notify the Respondent of the Reporting Party’s appeal of the dismissal and provide an opportunity to respond. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other party to the dismissal appeal decision-maker for consideration.
  - If the appeal does not provide information that meets the grounds for a dismissal appeal, the dismissal appeal decision-maker will deny the request, and parties will be notified in writing of the denial and the rationale.
  - If any of the asserted grounds in the appeal satisfy the grounds described for a dismissal appeal, then the dismissal appeal decision-maker will grant the appeal and notify the parties of the decision and rationale in writing. The effect of granting the appeal will be to reinstate the Formal Title IX Complaint.
  - In most circumstances, dismissal appeals are confined to a review of the written documentation regarding the specific appeal grounds. The dismissal appeal decision-maker has fourteen (14) days to review and decide on the appeal, though extensions can be granted at the Title IX Coordinators’ discretion, and the parties will be notified of any extension.
  - Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.
Process A: Resolution Options for Title IX Prohibited Conduct
1. The Informal Resolution Process – Title IX Prohibited Conduct
  - This section addresses Informal Resolution for Title IX Prohibited Conduct. Informal Resolution is an opportunity to address allegations of Prohibited Conduct without an investigation and final determination. To initiate Informal Resolution, a Reporting Party or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination under the Formal Resolution Procedure. The College must have a written Title IX Formal Complaint to initiate the Informal Resolution Process.
  - The College will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.
  - If the Title IX Coordinator files a Title IX Formal Complaint, the Informal Resolution Process may only be offered with the voluntary, written consent of the Reporting Party and Respondent.
  - The Informal Resolution Process cannot be used to address a Title IX Formal Complaint that a College employee engaged in sex or gender-based harassment of an elementary or secondary school student. In addition, the College may decline to allow use of the Informal Resolution Process when the College determines that the alleged conduct would present a future risk of harm to others, or under other circumstances as defined by the Title IX Coordinator.
    1. Notice Regarding the Title IX Informal Resolution Process
      - Before initiation of an Informal Resolution Process, the College will provide the parties with written notice that explains:
        
        The allegations;
        
        The requirements of the Title IX Informal Resolution Process;
        
        That, prior to agreeing to a Resolution Agreement, any party has the right to withdraw from the Title IX Informal Resolution Process and to initiate or resume the Title IX Formal Resolution Procedure;
        
        That the parties’ agreement to a Resolution Agreement at the conclusion of the Title IX Informal Resolution Process will preclude the parties from initiating or resuming either the Title IX Informal Resolution Process or the Title IX Formal Resolution Procedure arising from the same allegations;
        
        Notification that a Resolution Agreement is binding only on the parties;
        
        Potential terms that could be included in a Resolution Agreement, such as:
        
        Supportive measures (which could be available at any time);
        
        An educational, mediated, or facilitated conversation to discuss the Reporting Party’s concerns and College expectations;
        
        Restrictions on contact;
        
        Restrictions on the Respondent’s participation in one or more of the College’s programs or activities or attendance at specific events
        
        Remedies or disciplinary sanctions the College could have imposed had the College determined at the conclusion of the Formal Resolution Procedure that Prohibited Conduct occurred;
        
        What information the College will maintain, and whether and how it could disclose such information for use in its Formal Resolution Procedure;
        
        The Title IX Coordinator will maintain records of the Informal Resolution Process, including notes taken by the Informal Resolution Process facilitator;
        
        If the parties return to the Formal Resolution Procedure, the Informal Resolution Process facilitator cannot be called as a witness during the Formal Resolution Procedure;
        
        Access and use of information disclosed during the Informal Resolution Process will be subject to further limitations as determined by the Title IX Coordinator;
        
        At the conclusion of the Informal Resolution Process, the person facilitating the Informal Resolution Process will prepare the Resolution Agreement which must be agreed to in writing by the Reporting Party and by the Respondent.
    2. Informal Resolution Categories
      - The College offers four categories of Title IX Informal Resolution:
        
        Supportive Resolution: When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Of course, supportive measures are available at all times, even if the parties choose not to utilize Informal Resolution.
        
        Educational Conversation: When the Title IX Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Reporting Party’s concerns and institutional expectations or can accompany the Reporting Party in their desire to speak directly with the Respondent regarding the conduct.
        
        Accepted Responsibility: When the Respondent is willing to accept responsibility for violating College policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Reporting Party and College are agreeable to the resolution terms.
        
        Alternative Resolution: When the parties agree to resolve the matter through an alternative resolution mechanism (e.g., mediation, restorative practices).
    3. Informal Resolution Facilitator
      - The individual facilitating the Title IX Informal Resolution Process must be trained and cannot be the investigator, decision-maker, or appeal decision-maker. The Title IX Coordinator can be a facilitator of the IX Informal Resolution Process.
      - The facilitator of the Title IX Informal Resolution Process will be free of bias and conflict of interest and will receive training as described in the Operating Policy and Operating Procedure.
    4. Withdrawal from the Title IX Informal Resolution Process to Pursue the Title IX Formal Resolution Procedure
      - Any party participating in the Title IX Informal Resolution Process can withdraw from the Title IX Informal Resolution Process at any time and initiate or resume the Title IX Formal Resolution Procedure.
      - If an investigation is already underway under the Title IX Formal Resolution Procedure at the time the parties agree to the Title IX Informal Resolution Process, the Title IX Coordinator has the discretion to determine if an investigation will be paused, or if it will continue during the Title IX Informal Resolution Process.
    5. Recordkeeping and Enforcement
      - The Title IX Coordinator maintains records of any Resolution Agreement that is reached.
      - Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Resolution Agreement and resumption of the Formal Resolution Procedure, referral to the conduct process for failure to comply, application of the enforcement terms of the Resolution Agreement, etc.).
      - A Resolution Agreement reached under the Title IX Informal Resolution Process is not appealable.
2. The Formal Resolution Procedure – Title IX Prohibited Conduct
  1. Notice of Title IX Formal Resolution Procedure
    - Following receipt of a Title IX Formal Complaint and confirmation that the Reporting Party wants to pursue the Formal Resolution Procedure, the Title IX Coordinator will provide notice to the parties of the following:
      1. Notice of the College’s Operating Policy and Operating Procedure;
      2. Notice of the allegations of reported sexual harassment with sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
      3. Notice that the Respondent is presumed not responsible for the reported conduct and that a determination regarding responsibility is made at the conclusion of the Formal Resolution Procedure;
      4. Notice that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
      5. Notice that the parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Title IX Formal Complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a party or other source;
      6. Notice of any provision in the College’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the Resolution process.
      7. Notice of the Informal Resolution Process option;
      8. For victims of sexual assault, provide a Reporting Party with written notice of the following: the Reporting Party’s rights, legal options, including civil and criminal options following a criminal act, campus-based disciplinary processes, campus services available to the Reporting Party including supportive measures, the Reporting Party’s privacy rights, and contact information for state and community-based services and resources available to sexual assault survivors;
      9. Notice that the Reporting Party may file a complaint with the Office for Civil Rights of the U.S. Department of Education and that an employee Reporting Party may file a complaint with the Oregon Bureau of Labor and Industries (BOLI) or the Equal Employment Opportunity Commission (EEOC);
      10. Notice that the Reporting Party has a right to file a complaint with local law enforcement if the reported conduct could also be of a criminal nature, and inform the Reporting Party that the College may continue its investigation even if the Reporting Party files a complaint with local law enforcement;
      11. Notice of available supportive measures and community-based resources, such as counseling, health, and mental health services; and
      12. Notification that Employee-Parties who are bargaining unit members may elect to have union representation as detailed in this Policy and consistent with their applicable collective bargaining agreement.
  2. Consolidation of Title IX Formal Complaints
    - The College may consolidate Title IX Formal Complaints against more than one Respondent, or by more than one Reporting Party against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions. If the College consolidates Title IX Formal Complaints, it will provide written notification of additional allegations.
  3. Ensuring Impartiality
    - Any individual materially involved in the administration of the Title IX Formal Resolution Procedure, including the Title IX Coordinator, investigator, and decision-maker, may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Reporting Party or Respondent.
    - The Title IX Formal Resolution Procedure involves an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the Respondent engaged in Title IX Prohibited Conduct and evidence that supports that the Respondent did not engage in a violation of Title IX Prohibited Conduct and relevant procedures.
    - Credibility determinations may not be based solely on an individual’s status or participation as a Reporting Party, Respondent, or witness. All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.
  4. Evidentiary Considerations
    - The investigator and the decision maker will only consider evidence that is deemed relevant and not otherwise impermissible. Relevant evidence is that which may aid in determining whether the allegation occurred or whether the behavior constitutes Title IX Prohibited Conduct. Impermissible evidence may be relevant evidence that is excluded, as well as questions seeking that evidence, which means it cannot be accessed, considered, disclosed, or otherwise used, except that the College may consider such evidence to determine whether an exception below applies.
    - Impermissible evidence that may not be used, even if relevant, includes:
      1. Evidence that is protected under a privilege as recognized by federal or state law, unless the privilege is voluntarily waived by the person who holds the privilege;
      2. Evidence provided to a Privileged Employee or Title IX Non-Reporting Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.
      3. A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the College obtains that party’s or witness’s voluntary, written consent for use in the College’s Formal Resolution Procedures.
      4. Evidence that relates to the Reporting Party’s sexual interests or prior sexual conduct, unless evidence about the Reporting Party’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Reporting Party’s prior sexual conduct with the Respondent that is offered to prove consent. The fact of prior consensual sexual conduct between the Reporting Party and Respondent does not by itself demonstrate or imply the Reporting Party’s consent or preclude a determination that Prohibited Conduct occurred.
      5. Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.
      6. Within the limitations stated above, the investigation and determination can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.
  5. Investigation of Title IX Formal Complaints
    - The College must conduct an adequate, reliable, objective, and impartial investigation of all Title IX Formal Complaints. This means that the College is committed to providing both parties with appropriate and adequate notice at all phases of the process and an equal opportunity to provide information to the investigator during the investigatory process and review documents gathered as part of the investigation.
      1. Investigation Process
        
        The College will take reasonable steps to gather initial facts and evidence by providing both parties the opportunity to meet with the investigator. Interviews may be conducted in person, via online video platforms, or by telephone. Recording interviews is not permitted.
        
        The College will provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a party whose participation is invited or expected, with sufficient time for the party to prepare to participate.
        
        During the investigative process, the investigator will gather and review all relevant evidence.
        
        While the Reporting Party and the Respondent are encouraged to provide all pertinent information to the investigators, the burden of gathering evidence remains at all times on the College. Such information may include the names of potential witnesses and documentary evidence such as emails, text messages or other similar electronic communications. The information may also include, in some cases, medical, psychological, or other treatment records, provided that the party provides the investigator with written consent to consider and include the treatment records in the investigation. If the party provides the investigator with written consent, the treatment documents will become part of the evidentiary file, which both parties have the right to review.
        
        The investigator may request additional interviews with the Respondent, Reporting Party, or witnesses based on information gathered during the investigation. During every interview, the Reporting Party and Respondent will have opportunities to provide the investigator with their recollection of the alleged incident(s), the names of witnesses and copies of documents. Providing information to the investigator, whether submitted verbally or by the submission of documents, or both, is voluntary for all parties.
        
        The College cannot compel the Respondent, Reporting Party, or witnesses to answer any questions during the interview or submit documents or otherwise make any statements; however, the Respondent, Reporting Party, or witnesses are encouraged to provide relevant information to the investigator. The Respondent, Reporting Party, or witness’s decision not to participate in the investigation, in whole or in part, will be documented in the investigative report.
      2. Investigation Report
        
        The results of the investigation of a Title IX Formal Complaint will be set forth in a written report that will generally include the following information:
        
        A description of the circumstances giving rise to the Title IX Formal Complaint;
        
        A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;
        
        A summary of the testimony of each witness the investigator interviewed;
        
        An analysis of relevant evidence collected during the investigation, including a list of relevant documents;
        
        A specific finding as to whether the allegations occurred using a preponderance of the evidence standard;
        
        A table of contents if the report exceeds ten pages; and
        
        Any other information deemed appropriate by the College.
        
        The investigator will not make a determination regarding responsibility.
        
        The investigator may redact information not directly related to the allegations or privileged information. However, the investigator will keep a log of information they do not provide to the parties. The investigator will provide this log only to the Title IX Coordinator. The Title IX Coordinator will not disclose the log to the parties but will maintain the log in the Title IX Coordinator’s file, in the event it later becomes relevant.
  6. Determination Process for Title IX Prohibited Conduct
    - These procedures will only be available for a Title IX Formal Complaint that alleges Title IX Prohibited Conduct.
      1. Evidence Review
        
        Both parties have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Title IX Formal Complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source.
        
        Prior to the investigator preparing the final investigative report, the College will make available to each party and the party’s advisor the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least ten days to submit a written response. The investigator must consider this written response prior to completing the investigative report. The parties and advisors are expected to maintain the confidentiality of all information created by or shared with them by the College during any investigation and/or resolution process.
        
        The College will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
      2. Hearing
        
        After completing an investigation and prior to making a determination regarding responsibility, the College will hold a live hearing to provide the Reporting Party and Respondent an opportunity to respond to the evidence gathered before a decision-maker. Neither party may choose to waive the right to a live hearing, but the parties can choose whether to participate in the live hearing or answer some or all cross-examination questions.
        
        Notice
        
        The College will provide all parties written notice of the date, time, location, participants, and purpose of the live hearing with sufficient time for the party to prepare to participate.
        
        Hearing Format
        
        The College may provide a live hearing with all
        parties physically present in the same
        geographic location or, at the College’s
        discretion or if either party requests, the College may provide any or all parties, witnesses, and other participants the ability to appear at the live hearing virtually, with technology enabling participants to simultaneously see and hear each other in real time. The College will make the information reviewed during the evidence review available at the live hearing for reference and consultation. The College will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.
        
        At the live hearing, the decision-maker will permit the parties’ advisors to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Only relevant cross-examination and other questions may be asked of a party or witness.
        
        Decision-maker
        
        The decision-maker will be free from any conflicts of interest or bias, including bias for or against reporting parties or respondents. In cases where the Reporting Party or Respondent objects to the decision-maker on the basis of a conflict of interest, the Reporting Party or Respondent may request the Title IX Coordinator select a different decision-maker. The Reporting Party or Respondent must make this request to the Title IX Coordinator in writing at least five business days prior to the live hearing.
        
        The decision-maker may ask the parties and the witnesses questions during the live hearing. The decision-maker must objectively evaluate all relevant evidence both inculpatory and exculpatory and must independently reach a final decision. The decision-maker will make a decision as to whether the Respondent has engaged in Title IX Prohibited Conduct based on the investigation report, written statements and responses of the parties, if any, to the evidence gathered, and any other relevant information provided during the live hearing. The decision-maker must receive training on issues of relevance, how to apply the rape-shield protections for reporting parties, and any technology to be used at the live hearing, as well as other topics required under the law.
        
        Presenting Witnesses and Evidence
        
        The College will provide the Reporting Party and Respondent an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. Witnesses, like parties, are not required to participate in the live hearing process.
        
        Only relevant evidence will be admissible during the live hearing. Relevant evidence means evidence, including evidence relevant to the credibility of a party or witness, having any tendency in reason to prove or disprove any disputed fact material to the allegations under investigation.
        
        Cross-Examination
        
        The College shall permit each party’s advisor to ask the other party and any witness relevant questions, including questions challenging credibility. The party’s advisor must conduct cross-examination directly, orally, and in real-time. A party may never personally conduct cross-examination.
        
        Before a Reporting Party, Respondent, or witness answers a question, the decision-maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The decision-maker need not provide a lengthy or complicated explanation in support of a relevance determination. If a party or witness disagrees with a relevance determination, that individual has the choice of either abiding by the decision-maker’s determination and answering the question or refusing to answer the question.
        
        The decision-maker cannot rely on the statements or testimony of a party or witness who has refused to answer a question the decision-maker had found relevant unless the decision-maker reconsiders and changes the ruling before reaching the determination of responsibility. If the decision-maker changes the determination of relevance of an unanswered question, the decision-maker must explain the decision to reconsider the ruling in the written determination of responsibility.
        
        The decision-maker may also ask any party or witness questions. If a party or witness refuses to respond to a decision-maker’s questions, the decision-maker is not precluded from relying on that party or witness’ statements.
  7. Determinations of Responsibility
    - The decision-maker will issue a written determination as to whether the Respondent did or did not engage in Title IX Prohibited Conduct no later than 20 business days after the date that the live hearing ends.
    - When making a determination regarding responsibility, a decision-maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence. A decision-maker may not make credibility determinations based on an individual’s status as a Reporting Party, Respondent, or witness. In evaluating the evidence, the decision-maker will use the preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the decision-maker will decide whether it is more likely than not that Title IX Prohibited Conduct occurred.
    - The decision-maker cannot draw an inference about the determination of responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to submit to cross-examination or to answer any questions.
    - The written determination will include:
      1. Identification of the allegations potentially constituting Title IX Prohibited Conduct;
      2. A description of the procedural steps taken from the receipt of the Title IX Formal Complaint through the determination, including who conducted the investigation and gave notifications to the parties. The determination will also state when, where, and the date the investigator interviewed the parties and witnesses, conducted site visits and the methods used to gather other evidence. The procedural section should also discuss the dates and how the parties were provided the opportunity to review and inspect evidence and the date of any live hearings held and who attended the live hearing;
      3. Findings of fact supporting the determination. In making these findings, the decision-maker will focus on analyzing the findings of fact that support the determination of responsibility or non-responsibility;
      4. Conclusions regarding the application of the definitions of Title IX Prohibited Conduct to the facts;
      5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;
      6. A statement of, and rationale for, any disciplinary sanctions the College imposes on the Respondent;
      7. A statement of whether the College will provide the Reporting Party with remedies designed to restore or preserve equal access to the College’s education program or activity. The College need not disclose to the Respondent specific remedies that do not affect them as part of the written determination; and
      8. The College’s procedures and permissible bases for the Reporting Party and Respondent to appeal.
    - The College will provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if the parties file an appeal, or if the parties do not file an appeal, the date on which an appeal would no longer be timely.
  8. Appeals of the Determination of Responsibility for Title IX Prohibited Conduct
    1. Filing an appeal
      - Both the Reporting Party and the Respondent have the right to appeal from the determination of responsibility. The request for appeal must be submitted to the Title IX Coordinator. A Reporting Party or Respondent may appeal the determination within five (5) days from the date of a notice of determination. The Title IX Coordinator shall provide notice of the appeal to the non-appealing party, who has five (5) days from receipt of notice to submit a written response to the appeal which addresses solely the grounds alleged for the appeal.
    2. Grounds for Appeal
      - All appeals must be grounded in one or more of the following reasons with supportive evidence:
        
        Procedural irregularity that affected the outcome;
        
        New evidence that was not reasonably available at the time the determination regarding responsibility was made and that could affect the outcome of the matter; or
        
        The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome of the matter.
    3. Response to Appeal
      - The Title IX Coordinator will forward the appeal, as well as any response provided by the other parties, to the appeal officer for review and consideration. The appeal officer has fourteen (14) days to review and decide on the appeal, though extensions can be granted at the discretion of the Title IX Coordinator, and the parties will be notified of any extension.
      - If the appeal does not provide information that meets the grounds for appeal set forth above, the appeal will be denied by the appeal officer, and the parties, their advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale.
      - In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds.
      - Appeal decisions are deferential to the original determination, and modifications will only be made if a compelling justification exists.
    4. Notification of Appeal Outcome
      - The notice of appeal outcome will be sent to all parties simultaneously by the Title IX Coordinator. The notice of appeal outcome will specify the finding on each ground for appeal. If the appeal is granted, the appeal officer, in coordination with the Title IX Coordinator, will also determine if the Title IX Formal Complaint should be sent back through the Formal Resolution Procedure or otherwise be determined by the appeal officer.
      - Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ PCC-issued email or otherwise approved account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.
      - If an appeal is dismissed, the Title IX Coordinator will continue to take other appropriate, prompt and effective steps to ensure that Title IX Prohibited Conduct does not continue or recur within the College’s education programs or activities.
Process B: Resolution Options for Oregon Prohibited Conduct
1. The Informal Resolution Process – Oregon Prohibited Conduct
  - This section addresses the Informal Resolution Process for Oregon Prohibited Conduct. The Informal Resolution Process is an opportunity to address allegations of Oregon Prohibited Conduct without an investigation and final determination. To initiate the Informal Resolution Process, a Reporting Party or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination under the Formal Resolution Procedure.
    1. General Terms Regarding Informal Resolution of Oregon Prohibited Conduct
      - The College will obtain voluntary confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in the Informal Resolution Process.
      - The Title IX Coordinator will assign a facilitator to assist with the Informal Resolution Process. The Title IX Coordinator can be a facilitator of the Informal Resolution Process.
      - The College will document the outcome of the Informal Resolution Process.
    2. Informal Resolution Categories
      - The College offers four (4) categories of Informal Resolution.
        
        Supportive Resolution: When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Of course, supportive measures are available at all times, even if the parties choose not to utilize Informal Resolution.
        
        Educational Conversation: When the Title IX Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Reporting Party’s concerns and institutional expectations or can accompany the Reporting Party in their desire to speak with the Respondent directly regarding the conduct.
        
        Accepted Responsibility: When the Respondent is willing to accept responsibility for violating College policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Reporting Party and College are agreeable to the resolution terms.
        
        Alternative Resolution: When the parties agree to resolve the matter through an alternative resolution mechanism (e.g., mediation, restorative practices).
    3. The Formal Resolution Procedure – Oregon Prohibited Conduct
      - For Oregon Prohibited Conduct, the Formal Resolution Procedure is followed when the College is in receipt of a Complaint and one or more parties request an investigation and final determination. The Formal Resolution Procedure generally consists of notice, an investigation, determination of responsibility, and, where appropriate, sanctions and remedies.
      - When the Respondent is a student, the College will follow the Student Code of Conduct to address allegations of Oregon Prohibited Conduct. When the Respondent is an employee, the College will follow the appropriate employee processes to address allegations of Oregon Prohibited Conduct.
Disciplinary Sanctions
- If the decision-maker determines the Respondent was responsible for the Prohibited Conduct under either Process A or Process B, the College will take disciplinary action against the Respondent and any other remedial action it determines to be appropriate. The action will be commensurate with the severity of the offense.
- For Title IX Prohibited Conduct, the College must have completed the Formal Resolution Procedure before imposing disciplinary sanctions—or any other actions that are not supportive measures—regarding a Respondent.
  1. Disciplinary Sanction Considerations
    1. Appropriate considerations in determining disciplinary actions and sanctions include:
      1. The nature, severity of, and circumstances surrounding the violation(s) and the impact on the Reporting Party and the College;
      2. The Respondent’s disciplinary history;
      3. The need for sanctions/responsive actions to address the impact of the Prohibited Conduct;
      4. The need for sanctions/responsive actions to help prevent the future recurrence of the Prohibited Conduct; and
      5. The need to remedy the effects of the Prohibited Conduct.
  2. Sanctions for Student Respondents
    - Sanctions, including, but not limited to, the following, are intended to be educational and developmental in nature, and are more fully described in the Student Code of Conduct:
      1. Administrative removal from a class
      2. Community service
      3. Educational sanctions
      4. Expulsion
      5. Loss of privileges
      6. No contact directive
      7. Notation on transcript
      8. Probation
      9. Restitution
      10. Suspension
      11. Warning
      12. Registration Hold
  3. Sanctions for Employee Respondents
    - Sanctions can include but are not limited to, disciplinary actions determined to be appropriate by the College and/or consistent with and provided by the applicable collective bargaining agreement. Sanctions may include discipline up to and including termination.
Remedies
- Remedies may be provided, as appropriate, to the Reporting Party or any other person that the College identifies as having had their equal access to the College’s education program or activity limited or denied. Remedies might include, but are not limited to:
  1. Providing an escort to ensure that the Reporting Party can move safely between classes and activities;
  2. Ensuring that the Reporting Party and Respondent do not attend the same classes or work in the same work area;
  3. Providing counseling services or a referral to counseling services;
  4. Providing referral to medical services;
  5. Providing academic support services, such as tutoring;
  6. Arranging for a Reporting Party, if a student, to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Reporting Party’s academic record; and
  7. Reviewing any prior disciplinary actions taken against the Reporting Party by the College to see if there is a causal connection to the Reporting Party’s harassment that may have resulted in the Reporting Party’s discipline (i.e., poor attendance in a course that the Respondent is also enrolled in).
Definitions
- The following definitions apply to the Operating Policy and Operating Procedure.
  1. Complainant/Reporting Party: A Complainant/Reporting Party is a student or employee who is alleged to have been subjected to Prohibited Conduct, or a person other than a student or employee who is alleged to have been subjected to Prohibited Conduct and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Prohibited Conduct. The College typically uses the term Reporting Party rather than Complainant.
  2. Consent: Consent means an affirmative, conscious, and voluntary agreement to engage in sexual activity. Consent is not affirmative, conscious, and voluntary if it is achieved by force, coercion, or if the individual is incapacitated and incapable of giving consent.
  3. Complaint/Title IX Formal Complaint: A Complaint is an oral or written request to the College that objectively can be understood as a request for the College to investigate and make a determination about allegations of Prohibited Conduct. A Title IX Formal Complaint refers to a written complaint signed by the Reporting Party or the Title IX Coordinator alleging Title IX Prohibited Conduct and requesting an investigation. If the alleged conduct initially meets the definition of Title IX Prohibited Conduct, federal law requires that the Respondent file a Title IX Formal Complaint in order to pursue the Informal Resolution Process or the Formal Resolution Procedure as described in Process A.
  4. Course of Conduct (for the purposes of stalking under Title IX): For the purposes of stalking under Title IX, course of conduct means two or more acts, including but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  5. Course of Conduct (for the purposes of stalking under Oregon law): For the purposes of stalking under Oregon law, course of conduct means two or more acts, including, but not limited to, unwanted contact, property invasion or damage, watching, following, surveilling (e.g., using tracking devices, monitoring online activity, etc.), sabotage, threats, violence, and attacks.
  6. Day: Day refers to business days, Monday through Friday, excluding weekends, and those days which are designated as holidays by the official Academic Calendar, or by the action of the President (e.g. closures).
  7. Decision-maker: The decision-maker is the individual who will review evidence, determine the relevance of evidence, make a determination of responsibility, and determine sanctions. For the purposes of the Title IX Formal Resolution Procedure under Process A, the decision-maker will oversee the live hearing. The College may have one decision-maker determine whether the Respondent is responsible for engaging in Prohibited Conduct, and another decision-maker determine the appropriate sanction for the conduct. The decision-maker cannot be the Title IX Coordinator or the investigator.
  8. Determination of Responsibility: The determination of responsibility is a conclusion based on the preponderance of the evidence that a violation of a College policy or expectation did or did not occur.
  9. Disciplinary Sanctions: Disciplinary sanctions are consequences imposed on a Respondent following a determination that the Respondent engaged in Prohibited Conduct.
  10. Education Program or Activity: The College’s education program or activity includes all operations and services of the College, including any location, event, or circumstance over which the College exercises substantial control over both the Respondent and the context in which the Prohibited Conduct occurs (including on campus or off campus conduct), and also includes any building owned or controlled by a student organization that is officially recognized by the College.
  11. Employee: Employee includes all personnel employed by the College including faculty, staff, and students who receive compensation in either a full- or part-time capacity.
  12. Finding: A finding is a conclusion based on the preponderance of the evidence that a specific action did or did not occur as alleged (as in a “finding of fact”).
  13. Formal Resolution Procedure: The Formal Resolution Procedure includes an investigation, determination of responsibility, and imposition of sanctions and provision of remedies where appropriate. For the purposes of Title IX Prohibited Conduct, the Title IX Formal Resolution Procedure is described in Process A and meets the procedural requirements of Title IX, including an evidence review and live hearing. For the purposes of Oregon Prohibited Conduct, the Formal Resolution Procedure is described in Process B.
  14. Informal Resolution Process: The Informal Resolution Process is an alternative to the Formal Resolution Procedure and is an informal process agreed upon by the parties following a report of Prohibited Conduct. The Informal Resolution Process does not include an investigation and final determination. For the purposes of Title IX Prohibited Conduct, the Title IX Informal Resolution Process is available following receipt of a Title IX Formal Complaint and is described in Process A. For the purposes of Oregon Prohibited Conduct, the Informal Resolution Process is described in Process B.
  15. Interim No Contact Directive: Interim no-contact directives are mutual, applying equally to all parties, and generally limit communications (whether in-person, online, and through third parties) between the parties during the Formal Resolution Procedure or Informal Resolution Process.
  16. Investigator: The investigator is the person authorized by the College to gather facts about a complaint of Prohibited Conduct, assess relevancy, synthesize the evidence, and compile this information into an investigation report.
  17. Notice: Notice refers to when an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of conduct that could constitute Prohibited Conduct. Notice also refers to the various written notices that may be provided to parties during the Resolution Process.
  18. Party/Parties: Party or parties refers to the Reporting Party and the Respondent.
  19. Privileged Employees: A Privileged Employee is a College employee who is legally bound to not disclose certain designated information when the employee receives this information and the employee is acting within their professional role. Privileged employees will not share identifying information without the individual’s consent, unless otherwise required by law.
  20. Process A: Process A is the process followed by the College to address allegations of Title IX Prohibited Conduct and includes both the Informal Resolution Process and the Formal Resolution Procedure.
  21. Process B: Process B is the process followed by the College to address allegations of Oregon Prohibited Conduct and includes both the Informal Resolution Process and the Formal Resolution Procedure.
  22. Prohibited Conduct (including Oregon Prohibited Conduct and Title IX Prohibited Conduct): Prohibited Conduct includes conduct that is sex or gender-based misconduct prohibited under either Title IX or Oregon law. Oregon Prohibited Conduct refers to conduct that is prohibited under Oregon law. Title IX Prohibited Conduct refers to conduct that is prohibited under Title IX, and to which the Title IX procedural requirements apply.
  23. PSEC: PSEC is the “People, Strategy, Equity, and Culture” division at the College. PSEC is the office responsible for human resources.
  24. Reasonable Person: Reasonable person is an objective standard referring to a hypothetical “reasonable person” under similar circumstances and with similar identities to the individual.
  25. Remedies: Remedies are measures provided, as appropriate, to a Reporting Party or any other person the College identifies as having had their equal access to the College’s education program or activity limited or denied following a determination that Prohibited Conduct occurred. These measures are provided to restore or preserve that person’s access to the College’s education program or activity.
  26. Report: A report of Prohibited Conduct occurs when a student reports Prohibited Conduct to a Responsible Employee or to the Title IX Coordinator or when an employee reports Prohibited Conduct to their supervisor, the Title IX Coordinator, or PSEC. A report of Prohibited Conduct does not necessarily constitute a Complaint/Title IX Formal Complaint.
  27. Resolution Process/Resolution Options: The terms “Resolution Process” and “Resolution Options” are used to collectively to refer to the Informal Resolution Process and the Formal Resolution Procedure described in Process A and Process B.
  28. Respondent: A Respondent is an individual alleged to have violated the College’s prohibition against Prohibited Conduct.
  29. Responsible Employees: Responsible Employees are College employees who have a duty to report incidents of Prohibited Conduct to the Title IX Coordinator.
  30. Retaliation: Retaliation refers to an adverse action taken against a person for engaging in protected activity. Protected activity generally includes exercising rights or privileges secured by Title IX or Oregon law, or reporting information, making a complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation, proceeding, or hearing under the Operating Policy or Operating Procedure. Adverse action includes actions that are reasonably likely to deter a reasonable person from engaging in a protected activity, including intimidation, threats, harassment, coercion, or discrimination. Adverse action does not include petty slights or trivial annoyances.
  31. Student: A student is any person who is registered for one or more credit or non-credit hour, including online learning courses, or who has otherwise been admitted to the College.
  32. Significant Emotional Distress (for the purposes of Title IX): For the purposes of Title IX, significant emotional distress refers to significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
  33. Support Person: A support person is a person chosen by a party to accompany the party to meetings before and during the Resolution Process. The role of the support person is described in the Operating Procedure.
  34. Supportive Measures: Supportive measures are non-disciplinary, non-punitive individualized services offered without fee or charge to the parties at any time regardless of whether a Complaint/Title IX Formal Complaint has been filed.
  35. Title IX Advisor: If the parties are engaging in the Formal Resolution Procedure under Process A regarding Title IX Prohibited Conduct, each party can choose or be provided with a Title XI advisor. The role of a Title IX advisor is described in the Operating Procedure. For the purposes of a Title IX live hearing, the College will appoint an advisor for any party that does not have an advisor.
  36. Title IX Non-Reporting Employees: Title IX Non-Reporting Employees are college employees who are not required to report incidents of Prohibited Conduct to the Title IX Coordinator.
Roles and Responsibilities
- The following is a high-level overview of the roles and primary responsibility as it relates to this Operating Policy and relevant procedures. Each role supports a collaborative, multi-faceted approach to ensure the policy’s compliance, effectiveness, and alignment with the College’s values.
- The following is a high-level overview of the roles and primary responsibility as it relates to this Operating Policy and relevant procedures. Each role supports a collaborative, multi-faceted approach to ensure the policy’s compliance, effectiveness, and alignment with the College’s values.
  1. President: Responsible for ensuring adherence to the established Policy Governance Administration Standards. Provides final approval and institutional accountability for the policy’s alignment with state and federal requirements; oversees broad oversight of policy impact on the college community.
  2. Executive Vice President: Ensures adherence to the established Policy Governance Administration Standards; supports integration of the policy within the college’s overall governance structure.
  3. Policy Advisor (s): Subject matter expert(s) responsible for developing, reviewing, and implementing the policy; consults with appropriate departments, conducts ongoing assessments, and updates the policy and related procedures.
  4. Title IX Coordinator and Deputy Title IX Coordinator: Leads and coordinates the implementation and compliance of Title IX policy across the college; ensures consistent application, manages reporting, and oversees training and education initiatives related to Title IX. Monitors the institution’s programs and activities for any barriers to reporting conduct that may reasonably constitute sex discrimination under Title IX, and takes steps reasonably calculated to address such barriers.
  5. Vice President, Student Affairs: Manages communication and coordination across relevant departments; provides timely updates and reports on progress, timelines, and policy impact to the President’s Cabinet and relevant stakeholders.
  6. Legal Counsel: Reviews policy for legal compliance with federal and state Title IX regulations; advises on legal implications and assists in risk management to ensure the policy protects both the institution and its members.
  7. PSEC: Ensures alignment of Title IX policy with employment practices, staff training, and conduct procedures; supports cases involving employee conduct related to Title IX.
  8. Student Support and Intervention: Oversees compliance of Title IX policy with student behavior and conduct standards; coordinates with Title IX Coordinator on cases involving students and provides input on preventive education.
  9. Office of Labor Relations: Ensures the Title IX policy aligns with collective bargaining agreements and labor laws; advises on union-related matters, particularly where employee rights and Title IX obligations intersect, and collaborates with HR on handling cases involving union members.
Forms
- Title IX Complaint Form
Authoritative References
1. Title IX Education Amendments of 1972, 20 U.S. Code Sections 1681 et seq. 34 Code of Federal Regulations Part 106
2. Title VII of the Civil Rights Act of 1964, 42 U.S. Code Section 2000e
3. ORS 163, Title 16 Crimes and Punishments
4. ORS 350, Statewide Coordination of Higher Education
5. ORS 659, Miscellaneous Prohibitions Relating to Employment and Discrimination
Right to Change Policy
- The College reserves the right to interpret, change, modify, amend, or rescind the
  Operating Policy and Operating Procedures and other relevant procedures, in
  whole or in part, at any time, without prior notice. Changes are effective immediately upon adoption.
Administrative Details and Document Governance
1. Policy advisor: Title IX Coordinator
2. Related policy: OP 20.001
3. B 216 Prohibition of Sexual Harassment and Misconduct
4. Previously, the Civil Rights and Responsibilities Policy was adopted on August 14, 2020. Prior to that, Sexual Misconduct and Gender Policy that was in effect up till August 13, 2020.
Approval date: January 7, 2026