College Policies

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

  • Date: December 17, 2025
  • Purpose: To establish PCC’s policy prohibiting sexual or gender-based harassment or misconduct in accordance with Title IX and Oregon law.
  • 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); PSEC
    • Accountable: Executive Vice President
    • Consulted: Legal Counsel; President’s Cabinet
    • Informed: Board of Directors; College Community

Policy

  1. Purpose and Implementation
    • Portland Community College (the “College” or “PCC”) is committed to providing an educational and workplace environment that is free from sexual or gender-based harassment or misconduct (“Prohibited Conduct”). To ensure compliance with all federal and state laws and regulations, including both Title IX of the Education Amendments of 1972 and Oregon law, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the College’s educational programs or activities, the College has developed policies and procedures that provide a prompt, thorough, fair, and impartial process for those involved in an allegation of Prohibited Conduct. These requirements are set forth in this Prohibition of Sexual or Gender-Based Harassment or Misconduct Operating Policy (“Operating Policy”) and the accompanying Prohibition of Sexual or Gender-Based Harassment or Misconduct Operating Procedure (“Operating Procedure”).
    • Sexual harassment and other forms of Prohibited Conduct are defined under both federal and state law. As described further in the Operating Policy and Operating Procedure, conduct that falls within the definition of Title IX (“Title IX Prohibited Conduct”) will be addressed according to the requirements of Title IX. Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in public and private educational institutions that receive federal funds. Because the College is a recipient of federal funds, the College must fully comply with the provisions of Title IX and its regulations. Oregon law also prohibits sexual and gender-based harassment and misconduct. Conduct that falls outside the definition of Title IX but within the definition of Oregon law (“Oregon Prohibited Conduct”) will be addressed according to the requirements of Oregon law or other applicable laws or regulations. Federal and state law establish different processes and requirements for addressing Prohibited Conduct. Allegations of Title IX Prohibited Conduct are addressed under “Process A” and allegations of Oregon Prohibited Conduct are addressed under “Process B.” Process A and Process B are set forth in the Operating Procedure.
    • Resources at the College are available to explain and provide support to students, employees, and others regarding the Operating Policy and Operating Procedure. The College is also committed to providing interpretation, translation, or other accessibility resources or services for parties and witnesses. For more information about these services, please contact the Title IX Coordinator.
    • The College prohibits retaliation against any person for bringing a complaint of Prohibited Conduct, for assisting someone with such a complaint, for participating in any investigation or complaint process, or for attempting to stop Prohibited Conduct.
    • The College intends to comply with all applicable requirements under federal and state law. If there are any inconsistencies between legal requirements and the language in the Operating Policy or Operating Procedure, the College will adhere to current federal and state laws. The College reserves the right to amend, revise, or replace (in whole or in part) the Operating Policy or Operating Procedure as it deems necessary or appropriate. All revisions supersede prior policy and are effective immediately upon approval.
    • Nothing in the Operating Policy or Operating Procedure creates a contractual obligation or an express or implied promise between the College and any student, employee or third party.
    • Any questions regarding the Operating Policy or Operating Procedure should be directed to the Title IX Coordinator.
  2. Jurisdiction
    1. General Jurisdiction
      • The Operating Policy and Operating Procedure apply to students, faculty, staff, applicants for employment, applicants for admission, or any other individual accessing or attempting to access any College program or benefit.
      • The College will follow the processes described in the Operating Policy and Operating Procedure when the College receives a report of Prohibited Conduct. For reports of Prohibited Conduct that occur off campus, the College will follow the processes described in the Operating Policy and Operating Procedure if the report is related to an academic or work activity or if the conduct interferes with or limits the ability of a student, employee, or other individual to participate in or benefit from the College’s programs or activities.
      • If the Respondent is not a PCC student, the Title IX Coordinator can also help refer the Reporting Party to the Title IX office at the appropriate institution, and/or connect the Reporting Party with the appropriate law enforcement agency.
      • Regardless of whether a complaint or report of Prohibited Conduct falls within the Operating Policy and Operating Procedure, or other College policies and procedures, the Reporting Party and Respondent may request supportive measures as outlined in the operating procedure.
    2. Title IX Jurisdiction
      • The Title IX procedures described in the Operating Policy and Operating Procedure apply if the conduct meets the following three Title IX jurisdictional requirements:
        1. The conduct took place in the United States;
        2. The conduct took place in a College “education program or activity” (this includes locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which the harassment occurred, including on-campus and off-campus property and buildings that the College owns or controls, or student organizations officially recognized by the College); and
        3. The conduct meets the definition of Title IX “sexual harassment” as described below in Section IV. Prohibited Conduct.
  3. 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.
  4. Prohibited Conduct
    • Title IX and Oregon law include different definitions of sexual or gender-based harassment or misconduct. Prohibited Conduct refers collectively to conduct prohibited under Title IX or Oregon law.
      1. Title IX Prohibited Conduct
        • “Sexual harassment” under Title IX includes any conduct on the basis of sex that satisfies one or more of the following definitions:
          1. Title IX Quid Pro Quo Harassment: An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.
          2. Title IX Hostile Environment Harassment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity,
          3. Title IX Sexual Assault: An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (“FBI”), including the following (Note that these definitions may be updated from time to time by the FBI and the College will use the most recent definition adopted by the FBI in the enforcement of this Operating Policy):
            1. Sex Offenses: Any sexual act directed against another person, without the consent of the Reporting Party, including instances where the Reporting Party is incapable of giving consent.
            2. Rape (except Statutory Rape): Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Reporting Party.
            3. Sodomy: Oral or anal sexual intercourse with another person, without the consent of the complainant, including instances where the Reporting Party is incapable of giving consent because of the Reporting Party’s age or because of the Reporting Party’s temporary or permanent mental or physical incapacity.
            4. Sexual Assault with an Object: To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the Reporting Party, including instances where the Reporting Party is incapable of giving consent because of the Reporting Party’s age or because of the Reporting Party’s temporary or permanent mental or physical incapacity.
            5. Criminal Sexual Contact: The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
            6. Incest: Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
            7. Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
          4. Title IX Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Title IX domestic violence.
          5. Title IX Domestic Violence: An act of violence committed by:
            1. A current or former spouse or intimate partner of the Reporting Party;
            2. A person with whom the Reporting Party shares a child in common;
            3. A person who is cohabitating with or has cohabitated with the Reporting Party as a spouse or intimate partner;
            4. A person similarly situated to a spouse of the Reporting Party under applicable law; or
            5. Any other person against an adult or youth Reporting Party protected from that person’s acts under applicable domestic or family violence laws.
          6. Title IX Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
            1. Fear for the Reporting Party’s safety or the safety of others; or
            2. Suffer substantial emotional distress.
            • For the purposes of Title IX Stalking: “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, communicates to or about a person, or interferes with a person’s property.
            • “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
      2. Oregon Prohibited Conduct
        • Oregon Prohibited Conduct includes any conduct on the basis of sex
          that satisfies one or more of the following definitions (Note that these definitions may be updated from time to time under Oregon state law and the College will use the most recent definition adopted by the state in the enforcement of this Operating Policy):

          1. Oregon Sexual Harassment: Sexual harassment that is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person.
          2. Oregon Sexual Assault: Oregon sexual assault includes any type of sexual encounter without a person’s consent. Oregon law includes a number of statutes defining and prohibiting various forms of sexual assault, including but not limited to rape, attempted rape, inappropriate touching, incest, voyeurism, and indecent exposure.
          3. Oregon Intimate Partner Violence (“Oregon IPV”): Oregon IPV includes dating violence, domestic violence, and other types of relationship violence. Oregon IPV is defined as intentionally or recklessly causing physical, emotional, or physiological harm to a person who is, or has been involved in, a sexual, dating, or other intimate relationship with the Respondent. (This excludes self-defense.) Oregon IPV includes, but is not limited to, threatened acts of violence, including threatened self-harm for the purpose of controlling an individual and threats of harm to the individual’s family members, friends, or pets. A relationship can be evidenced by the parties’ description of their interactions, the frequency of interactions between the parties, and consideration of the length and type of interactions.
          4. Oregon Sexual Misconduct: Oregon sexual misconduct includes an incident of sexual harassment, sexual violence, Oregon IPV, sexual exploitation, stalking, harassment, or violence based on sexual orientation or general identity or expression, or other gender-based harassment or violence.
          5. Oregon Stalking: Stalking based on gender or sex is defined as engaging in a course of conduct on the basis of sex or gender that is directed at a specific person and that would cause a reasonable person to fear their own or others’ safety, or to suffer substantial emotional distress.
            1. For the purposes of Oregon Stalking, “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. Stalking can occur in person, via third parties, and/or using technology.
            2. For the purposes of Oregon Stalking, “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or professional treatment or counseling.
            3. For the purposes of Oregon law, “trauma-informed response” includes a response involving an understanding of the complexities of intimate partner violence, domestic violence, sexual assault and stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding the causes and impacts of sexual assault and related trauma, and knowledge of how to conduct an effective investigation.
  5. Title IX Coordinator
    • The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, and resolution of complaints of Prohibited Conduct, as well as the implementation of efforts, including supportive measures, to stop, remediate, and prevent Prohibited Conduct. Reports of Prohibited Conduct, Complaints/Title IX Formal Complaints, and inquiries or concerns about the Operating Policy and Operating Procedure may be made directly to the Title IX Coordinator by using the following contact information:
      • Charisse Loughery, Associate Vice President of Student Affairs, Title IX & VI Coordinator
      • Email: titleix@pcc.edu
      • Phone: 971-722-7511
    1. General Responsibilities of the Title IX Coordinator
      • The Title IX Coordinator is responsible for responding to all reports of Prohibited Conduct as described in the Operating Policy and the Operating Procedure. When necessary, the Title IX Coordinator may share information to address public safety concerns, comply with legal requirements, or implement supportive measures. The Title IX Coordinator is also responsible for monitoring the College’s educational programs and activities to identify barriers to reporting potential harassment and taking reasonable steps to address any identified barriers to ensure an open reporting environment.
      • The Title IX Coordinator’s duties may be assigned to a designee as needed. The Title IX Coordinator has the authority to delegate duties to other deputy Title IX Coordinators.
    2. Deputy Title IX Coordinator for Employees
      • The College will assign a member of the Employment Relations Team, which is a part of PSEC, as a Deputy Title IX Coordinator. In general, the Deputy Title IX Coordinator from the Employment Relations Team will be responsible for responding to notice of reports of Prohibited Conduct involving employees, and the Title IX Coordinator will be responsible for responding to notice of reports of Prohibited Conduct involving students or third parties. When a report of Prohibited Conduct involves both employees and students or third parties, the Title IX Coordinator and Deputy Title IX Coordinator from the Employment Relations Team will coordinate the College’s response.
  6. 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. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered with all other relevant evidence.
    • The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
    • Proof of consent or non-consent is not a burden placed on either party. Instead, the burden remains on the College to determine whether the Respondent engaged in Prohibited Conduct.
  7. Presumption and Standard of Proof
    • The College presumes all reports are in good faith. Further, the College operates with the presumption that a Respondent is not responsible for the alleged Prohibited Conduct unless and until the Respondent is determined to have engaged in Prohibited Conduct by a preponderance of the evidence. The preponderance of the evidence standard means whether it is more likely than not that the Respondent engaged in Prohibited Conduct as alleged.
  8. Reporting Options
    1. Reporting Options at the College
      • Any individual may report Prohibited Conduct to the College’s Title IX Coordinator, either in person, by phone at 971-722-7511, at titleix@pcc.edu, or by submitting a form. College employees may also report Prohibited Conduct to PSEC or to their immediate supervisor. College students may report Prohibited Conduct to the Title IX Coordinator or any designated College Responsible Employee, as defined in Section IX Duty to Report.
      • The College strongly encourages prompt reporting of Prohibited Conduct. Prompt reporting allows for the collection and preservation of evidence, including but not limited to physical evidence, digital media, and witness statements. A delay may limit the College’s ability to effectively investigate and respond to a concern of Prohibited Conduct.
      • Reporting Prohibited Conduct to the Title IX Coordinator does not automatically initiate an investigation or other formal response process. A report allows the College to provide a wide variety of supports and resources to impacted individuals and to put resources in place to help prevent the reoccurrence of the conduct. A Reporting Party or the Title IX Coordinator may also file a Complaint/Title IX Formal Complaint to initiate the Formal Resolution Process described in the Operating Procedure. The Informal Resolution Process is also an option as described in the Operating Procedure.
      • If there are parallel criminal and College investigations, the College will cooperate with the external law enforcement agency and will coordinate to the extent possible to help ensure that the College process does not hinder legal process or proceedings. The College’s process will not be determined based on the outcome of any criminal investigation.
    2. Reporting Options Outside the College
      • The College encourages anyone with a concern about Prohibited Conduct to follow the process provided by the College in the Operating Policy and Operating Procedure. However, individuals may always choose to make a report of Prohibited Conduct directly to outside agencies or law enforcement, including but not limited to the Bureau of Labor and Industries’ Civil Rights Division, the Office for Civil Rights of the U.S. Department of Education, the U.S. Equal Employment Opportunity Commission, or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice.
    3. Confidential Reporting
      • The College recognizes not every individual harmed by Prohibited Conduct will want to or is prepared to have their experience reported to the Title IX Coordinator.
      • As described further in Section IX. Duty to Report, students seeking to talk to someone about an incident of Prohibited Conduct in a private manner without making a report to the College or initiating any investigation or action by the College or the police can access Privileged Employees or Title IX Non-Reporting Employees. Employees wishing to speak in a private manner without making a report can access the College’s Employee Assistance Program (EAP).
      • As described below, Privileged Employees and Title IX Non-Reporting Employees do not report any identifying information regarding incidents of Prohibited Conduct to the Title IX Coordinator.
      • The College will notify all students, employees, and any other participants in the College’s education program or activity of how to contact Privileged Employees and Title IX Non-Reporting Employees
  9. Duty to Report
    • Most employees are required to make a report to the Title IX Coordinator when the employee receives information about conduct that could constitute Prohibited Conduct. There are limited exceptions to this reporting requirement for designated Title IX Non-Reporting Employees or Privileged Employees, as described below. This section describes the reporting responsibilities for most College employees and which employees are exempt from this reporting requirement.
      1. Responsible Employees
        • All College employees (except for Privileged Employees and Title IX Non-Reporting Employees) are considered Responsible Employees and are required to notify the Title IX Coordinator when the employee has certain information about Prohibited Conduct. If an employee has a question as to whether they are a Responsible Employee for the purpose of the Operating Policy and Operating Procedure, they should contact their supervisor or the Title IX Coordinator.
        • Responsible Employees are required to report to the Title IX Coordinator all relevant information they know regarding Prohibited Conduct involving a student or third party, including the name of the Respondent, the Reporting Party, any other witnesses; and the date, time, and location of the reported incident. A Responsible Employee must report this information to the Title IX Coordinator as soon as possible. Reports must be within one (1) day of the Responsible Employee learning of the information.
        • When a Responsible Employee learns of Prohibited Conduct, the Responsible Employee must not independently take additional investigatory steps or engage in any type of discipline or sanctions related to the alleged Prohibited Conduct.
        • These reporting requirements do not apply to an employee who has personally been subject to conduct that reasonably may constitute Prohibited Conduct. Employees who have been subject to conduct that may constitute Prohibited Conduct are encouraged to contact the Title IX Coordinator.
      2. Additional Responsibilities of Supervisors and Managers
        • In addition to reporting information about Prohibited Conduct involving a student or third party, all supervisors and managers are required to immediately report any information about Prohibited Conduct involving an employee to the Deputy Title Coordinator For Employees in accordance with their regular training. If a supervisor or manager has any question about their duty to report information about Prohibited Conduct involving employees, the supervisor or manager should contact their own supervisor or the Deputy Title IX Coordinator for Employees immediately.
      3. Student Employees
        • If a student employee learns of information that could constitute Prohibited Conduct while the student employee is acting within the scope of the student’s employment responsibility (in other words, actively working at the student’s College job), the student employee must immediately notify their supervisor, who will provide guidance regarding the reporting requirements.
        • If a student employee has any question as to whether the student employee is acting within the scope of the student’s employment responsibility, the student employee should contact their supervisor or the Title IX Coordinator for further directions.
      4. Privileged Employees
        • Privileged Employees are legally bound to not share information when acting in their professional role. In their professional role at the College, Privileged Employees provide services to students.
        • Privilege Employees do not share identifying information about people or incidents regarding Prohibited Conduct without the individual’s consent, unless otherwise required by law. Privileged Employees are:
          1. The Director and Confidential Advocates in Hope Services.
          2. The Dean of Counseling and Student Wellness and counselors who work within the College’s Counseling Services.
        • For the purposes of this Policy, only those employees supervised or receiving supervision by the Dean of Counseling and Student Wellness can be considered Privileged Employees. If a Privileged Employee has other College-related employment with the College (such as faculty assignments) that employee is considered a Responsible Employee while acting in their other College-related duties. If a Privileged Employee has any question as to whether they have a duty to report Prohibited Conduct, they should contact their supervisor.
      5. Title IX Non-Reporting Employees
        • Title IX Non-Reporting Employees are exempt from the requirements to report incidents of Prohibited Conduct to the Title IX Coordinator for reports involving students. (Note that Title IX Non-Reporting Employees are exempt from reporting incidents of both Oregon Prohibited Conduct and Title IX Prohibited Conduct). Title IX Non-Reporting Employees are only exempt from reporting duties while acting within their duties in the positions described in this Operating Policy. If a Title IX Non-Reporting Employee has other College-related employment duties (such as teaching a course not associated with an IBRC), that employee is considered a Responsible Employee while acting in their other College-related duties.
        • Title IX Non-Reporting Employees are only exempt from reporting incidents of Prohibited Conduct to the Title IX Coordinator. Title IX Non-Reporting Employees are still required to report other issues as required by the law or College policy, including child abuse.
        • The following College employees are Title IX Non-Reporting Employees:
          1. Employees who work within IBRCs:
            1. DREAMers Resource Center
            2. Multicultural Centers
            3. Queer Resource Centers
            4. Veterans Resource Centers
            5. Women’s Resource Centers
          2. Faculty teaching specific situated course of program specifically offered through an IBRC.
          3. Employees in Counseling Services or Hope Services who are not designated as a Privileged Employee.
          4. Student employees who work in IBRCs are considered Title IX Non-Reporting Employees but are required to report information about Prohibited Conduct to their IBRC supervisor within one (1) day of learning such information.
      6. Responsibilities of Privileged Employees and Title IX Non-Reporting Employees
        • Privileged Employees and Title IX Non-Reporting Employees are required to explain and provide the following to any person who informs the employee of Prohibited Conduct:
          1. That the employee is not required to notify the Title IX Coordinator of Prohibited Conduct and will not do so;
          2. That the Title IX Coordinator can offer supportive measures, the informal Resolution Process, or the Formal Resolution Procedure;
          3. How to make a complaint of Prohibited Conduct;
          4. The contact information for the Title IX Coordinator; and
          5. That in accordance with the Clery Act and other applicable law, non-identifying information will be shared for campus crime statistic transparency needs.
  10. Confidential Resources
    • In addition to Privileged Employees and Title IX Non-Reporting Employees described above, other confidential resources are available to College students and employees and can provide support in addition to, or without, making a report of sexual harassment. Specifically, the College can refer students to confidential off-campus resources. College employees who are interested in confidential resources can access the Employee Assistance Program (EAP) or can contact PSEC for referrals to off-campus counseling services.
  11. Privacy/Confidentiality/Disclosures
    • Participants in the processes described in the Operating Policy and Operating Procedure are protected by a variety of privacy laws. Accordingly, documents related to the processes described in the Operating Policy and Operating Procedure shall not be disclosed outside of the applicable process, except as may be required or authorized by policy, law, or legal proceedings, and the processes described in the Operating Policy and Operating Procedure are not open to the general public. Any violation of these confidentiality requirements may result in sanctions and/or disciplinary actions.
      1. Recording
        • In order to respect the reasonable privacy of all participants, no party, support person/advisor, or witness may record meetings, interviews, or, for the purposes of the Title IX Formal Resolution Procedure, the live hearing. The College will take and maintain a recording of a live hearing as required under Title IX.
      2. Process Integrity and Confidentiality
        • The integrity of the processes described in the Operating Policy and Operating Procedure depend on ensuring reasonable expectations of confidentiality. The Title IX Coordinator and others involved in administering these processes will maintain the confidentiality of a Complaint/Title IX Formal Complaint, report, witness statements, and any other information provided by the parties or witnesses and will disclose this information only to:
          1. The Reporting Party, Respondent, or witnesses, as required by law and described in the Operating Procedure;
          2. Law enforcement consistent with state and federal law;
          3. Other College officials as necessary for coordinating supportive measures, sanctions, remedies, or other requirements of the Operating Policy or Operating Procedures, or for health, welfare, and safety reasons;
          4. Government agencies who review the College’s compliance with federal law; or
          5. As otherwise required by law or to carry out the requirements of the Operating Policy or Operating Procedure or other College policy.
      3. Privacy
        • The College will take reasonable steps to protect the privacy of the parties and witnesses when carrying out the requirements under this Operating Policy and Operating Procedure. Parties will be allowed to access evidence and consult with their support person/advisor as described in the Operating Procedure
      4. Disclosure of Personally Identifiable Information
        • The College will not disclose personally identifiable information about parties, witnesses, or other individuals except in the following circumstances:
          1. When the College has obtained prior written consent from the person or someone with a legal right to consent to the disclosure;
          2. When the information is disclosed to a parent, guardian, or other authorized legal representative who has the legal right to receive personally identifiable information;
          3. When it is necessary to carry out the requirements of the Operating Policy, Operating Procedure, or other College policies and procedures, including taking action to address Prohibited Conduct;
          4. As otherwise required by state, federal, or local law or as required by terms and conditions of a federal award, including a grant award or other funding agreement;
          5. When permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99; or
          6. As otherwise required by law or other College policy or procedure.
      5. Investigation Report Disclosure
        • The investigation report will be only disclosed in accordance with the Operating Policy and Operating Procedure; to the Title IX Coordinator or other College officials as necessary to prepare for subsequent proceedings; legal counsel; or as otherwise required by law or to carry out the requirements of the Operating Policy or Operating Procedure or other College policy.
  12. Clery Act Compliance
    • The College will document reports of sexual harassment, including sexual assault, dating violence, domestic violence, and stalking in compliance with the Clery Act, a federal law requiring data collection of crime within the College’s campus geography as defined by the Clery Act. Under the Clery Act, the College does not document personal information; the College reports on the type of conduct, and the time, date, and location of the conduct.
  13. Amnesty
    • To encourage reporting and support active participation in the processes described in the Operating Policy and Operating Procedure, the College will not initiate disciplinary actions or impose sanctions for certain policy violations discovered during the report or investigation of Prohibited Conduct.
    • This amnesty applies to violations related to illicit drug or alcohol use; trespassing or unauthorized entry of College facilities; or other violations of College policy, procedure, including applicable codes of conduct.
    • Amnesty is available to students or employees who report experiencing or witnessing an incident of Prohibited Conduct and/or request an investigation, provided these violations are discovered in connection with the report of Prohibited Conduct.
    • The College reserves the right to pursue disciplinary proceedings or sanctions if it determines that the report of Prohibited Conduct was made in bad faith or if the associated policy violation is considered severe or egregious in the determination of the Title IX Coordinator.
  14. Bias and Conflict of Interest
    • The College’s Title IX Coordinator, investigator, decision-maker, any person designated by the College to facilitate an informal Resolution Process, or any other person responsible for the administration of the Operating Policy or Operating Procedure will not have potential or actual bias or a conflict of interest in the investigation, hearing, sanctioning, or appeal process and will not have bias for or against Reporting Parties or Respondents generally. Actual bias is an articulated prejudice in favor of or against one party or position; a generalized concern about the personal or professional backgrounds, positions, beliefs, or interests of an individual is not a basis to determine bias.
  15. Retaliation Prohibited
    • The College prohibits any intimidation, threats, coercion, or discrimination against any individual who makes a report or complaint of Prohibited Conduct, or who testifies, assists, participates, or refuses to participate in any manner in an investigation, proceeding, or hearing. Retaliation will be addressed under the College’s Non-Retaliation policy.
  16. Training
    • The College will ensure that the Title IX Coordinator, investigator, decision-maker, and facilitator receive training on:
      1. The definition of Prohibited Conduct in the Operating Policy and Operating Procedure;
      2. The process described in the Operating Policy and Operating Procedure for addressing complaints of Prohibited Conduct under both Process A and Process B;
      3. How to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
      4. The relevant definitions and dynamics of sexual harassment, sexual assault, domestic violence, dating violence and stalking under both federal and state law;
      5. The prevalence of sexual harassment, sexual assault, domestic violence, dating violence and stalking both overall and, to the extent relevant data exists, within the educational and employment Contexts;
      6. Trauma-informed best practices for how to serve the parties involved in the Resolution Process, including utilizing trauma-informed principles of support or student-centered frameworks;
      7. For investigators, how to conduct effective interviews, including best practices for interviewing sexual assault survivors;
      8. The scope of the College’s education program or activity;
      9. For Process A, issues of relevance of questions asked at live hearings and of evidence used in an investigative report;
      10. The Resolution Options including conducting hearings, appeals, and informal Resolution Processes under Process A and Process B; and
      11. Any technology to be used at a live hearing.
    • The College will provide training to College employees tasked with implementing the procedure and process provided by the Operating Policy and Operating Procedure and will provide continuing education on related topics as required by applicable law.
  17. Dissemination of Policies and Procedures
    • The College will publish its Sexual Harassment Board Policy, Operating Policy, and Operating Procedure on its website and in each handbook or catalog provided to applicants for admission and employment, students, employees, and all unions or professional organizations responsible for collective bargaining with the College
  18. Recordkeeping and Retention
    1. The College will retain on file for a period of at least seven years after closure of a report of Prohibited Conduct copies of:
    2. The original report or Complaint/Title IX Formal Complaint;
    3. Any actions taken in response to a report or Complaint/Title IX Formal Complaint, including supportive measures;
    4. The investigative report including all evidence gathered and any responses from the parties;
    5. The College’s determination regarding responsibility;
    6. Audio or audiovisual recording or transcript from a live hearing;
    7. Records of any disciplinary sanctions imposed on the Respondent;
    8. Records of any remedies provided to the Reporting Party;
    9. Any appeal and the result;
    10. Any Informal Resolution Process and the result; and
    11. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal Resolution Process. The College will also make these training materials publicly available on its website.
    • The College will make these documents available to the U.S. Department of Education Office for Civil Rights upon request.
  19. 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.
      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.
  20. Forms 
    1. Title IX Complaint Form
  21. 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
  22. 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.
  23. Administrative Details and Document Governance
    1. Policy Advisor:
      1. Director of Student Conduct and Community Support
      2. Director of Labor Relations
    2. Related Policy:
      1. PR 20.001 Prohibition of Sexual or Gender-Based  Harassment or Misconduct
      2. B 216 Prohibition of Sexual Harassment and Misconduct
    3. Past Revisions:
      1. 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.
  24. Approval Date: January 7, 2026