SA-19 Personal Violence, Harassment & Assault

Introduction
Green River College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, gender, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Title VI of the Civil Rights Act of
1964, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington State’s Law Against Discrimination, Chapter 49.60 RCW and their implementing regulations. To this end, Green River College has enacted policies prohibiting discrimination against and harassment of members of these protected classes. Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the College or from employment.

Any employee, student, applicant, or visitor who believes that he or she has been the subject of discrimination or harassment should report the incident or incidents to the College’s appropriate Title IX Coordinator identified below. If the complaint is against that Coordinator, the complainant should report the matter to the President’s office for referral to an alternate designee.

For employees and public/visitors:

Name: Marshall Sampson
Title: Title IX / EEO Coordinator
Office: Administration Building (AD) 17
Ext: 3320
Email: msampson@greenriver.edu

The Title IX / EEO Coordinator or designee:

  • Will accept all complaints and referrals from College employees, applicants, and visitors.
  • Will make determinations regarding how to handle requests by complainants for confidentiality.
  • Will keep accurate records of all complaints and referrals for the required time period.
  • May conduct investigations or delegate and oversee investigations conducted by a designee.
  • May impose interim remedial measures to protect parties during investigations of discrimination or harassment.
  • Will issue written findings and recommendations upon completion of an investigation.
  • May recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct.


For student issues:

Name: Deborah Casey
Title: Title IX Coordinator for students
Office: Student Affairs and Success Center: SA-206C
Phone Ext: 3328
Email: dcasey@greenriver.edu

The Title IX Coordinator or designee for student issues:

  • Will accept all complaints and referrals from College students.
  • Will make determinations regarding how to handle requests by complainants for confidentiality.
  • Will keep accurate records of all complaints and referrals for the required time period.
  • May conduct investigations or delegate and oversee investigations conducted by a designee.
  • May impose interim remedial measures to protect parties during investigations of discrimination or harassment.
  • Will issue written findings and recommendations upon completion of an investigation.
  • May recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct.

The College encourages the timely reporting of any incidents of discrimination or harassment. Complaints may be submitted in writing or orally. For complainants who wish to submit a written complaint, complete the Discrimination Complaint Processing Form.

Purpose
To increase the safety and welfare of the Green River College community by providing timely and appropriate action in the case of discrimination or harassment, including sexual offenses, including rape, sexual assault, acquaintance rape, domestic violence, dating violence, and stalking, for incidences on and off campus. It is intended to protect and guide individuals who have been affected by sexual harassment, sexual violence, stalking or intimate partner violence,
whether as a Complainant, a Respondent, or a third party, and to provide fair and equitable procedures for investigation and resolution of reports.

Scope
This policy applies to all Green River College members, including students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors and any individuals regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with the College or on College property. All Green River College community members are required to follow College policies and local, state, and federal law. This policy
applies to conduct occurring on Green River College property or at College-sanctioned events or programs that take place off campus, including study abroad and internship programs. In situations in which both the Complainant and Respondent are members of the Green River College community, this policy will apply regardless of the location of the incident. In particular, off-campus conduct that is likely to have a substantial adverse effect on, or poses a threat of
danger to, any member of the Green River College community or Green River College is covered under this policy.

A Complainant is encouraged to report misconduct regardless of where the incident occurred, or who committed it. Even if the College does not have jurisdiction of the Respondent, the College will still take prompt action to provide for the safety and well-being of the Complainant and the broader Campus community.

Coordination with Non-Discrimination Policy (HR-22)
The College recognizes that harassment related to an individual’s gender, sexual orientation, gender identity or gender expression can occur in conjunction with misconduct related to an individual’s race, color, ethnicity, national origin, religion, age, or disability. Such recognition means that steps and procedures taken in response to complaints will also be coordinated with the HR-22 Policy where applicable. Targeting individuals on the basis of these characteristics is also a violation of the community standards. Under these circumstances, the College will coordinate the investigation and resolution efforts (see within this policy the section on Options for Resolutions, G. Investigation) to address harassment related to the targeted individual’s gender, sexual orientation, gender identity or gender expression together with the conduct related to the targeted individual’s race, color, ethnicity, national origin, religion, age, or disability.

Notice of Non-Discrimination
Green River recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate and prevent discrimination on the basis of race, color, national origin, age, disability, gender, sexual orientation, marital status, creed, religion or status as a veteran of war as required by Title IX of the Educations Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, RCW 49.60.030 and their implementing regulations. Prohibited sex discrimination includes sexual harassment.

Green River has enacted policies prohibiting discrimination and harassment. Any individual found to be in violation of College discrimination and harassment policies and procedures will be subject to disciplinary action up to and including dismissal from the College or from employment.

This policy prohibits sexual misconduct against all Green River College community members of any gender or sexual orientation. This policy furthermore prohibits gender-based harassment that does not involve conduct of a sexual nature.

Definitions 
Abuse or Intimidation: Physical abuse, verbal abuse, threats, intimidation, coercion, and/or other conduct which threatens or endangers the health or safety of any person

Acquaintance/Date Rape: Non-consensual sex between adults who know each other. Acquaintance/date relationships include platonic, dating, marital, professional, academic or familial

Advocate: A man or woman chosen by a survivor of sexual assault for support in a crisis

Aiding or Facilitating: Aids, facilitates, promotes or encourages the commission of a violation under this policy. Aiding or facilitating may also include failing to take action to prevent an imminent act when it is reasonably prudent and safe to do so. Taking action may include direct intervention, contacting Green River Campus Safety or local law enforcement, or seeking assistance from a person in authority.

Arbitrary or capricious: This refers to willful or unreasonable action, taken without consideration of, or in disregard of, facts or circumstances of a particular case. Where there is room for two reasonable opinions, an action shall not be deemed to be arbitrary or capricious when taken honestly and upon due consideration, however much it may be
believed that an erroneous conclusion has been reached.

Campus Safety: The authorized non-sworn agent entrusted with the preservation of life and property within the campus boundaries defined as Clery Geography. Campus Safety is also charged with the investigation and criminal reporting authority for the local law enforcement agency within the jurisdiction of the campus property.

Campus Security Authority (CSA): Officials of the institution with significant responsibility for student and campus activities. Includes any individual or organization to which students and employees should report criminal offenses.

Coercion: Force or the power to use force. Intimidation, threats and peer relationship pressure are common behaviors used to coerce unwanted sexual contact or activity.

College: This denotes Green River College.

College facilities: This includes all buildings, structures, grounds, office space, and parking lots.

College official: This includes any person employed by the College, performing assigned administrative or professional responsibilities.

Complainant: This means any person who submits a charge alleging that a student violated the student code. It also means employee(s), applicant(s), student(s) or visitor(s) of Green River College who alleges that she or he has been subjected to discrimination or harassment due to his or her membership in a protected class.

Complaint: A description of facts that allege violation of the College’s policy against discrimination or harassment or sexual misconduct.

Consent: Knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. The request of consent must be specific to each act and should be obtained with each new level of physical and/or
sexual contact/conduct in any given interaction, regardless of who initiates it. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse for sexual contact.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in
nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct. Consent is the act of willingly and verbally agreeing to engage in specific sexual contact or conduct. Obtaining consent is an ongoing process in any sexual interaction.

The person with whom sexual contact/conduct is initiated: This person is responsible to express verbally and/or physically her/his willingness or lack of willingness when reasonably possible. If someone has initially consented but then stops consenting during a sexual interaction she/he should communicate withdrawal verbally and/or through
physical resistance. The other individual(s) must stop immediately.

Controlled and illegal substances: The use of alcohol, marijuana and other controlled substances does not excuse sexual misconduct of any kind. A person under the influence of alcohol or drugs is legally incapacitated, and therefore incapable of giving consent to sexual activity.

Court orders: include the following court issued documents:

  • Protection Order – petitioner has been a victim of domestic violence or who fears abuse from a family or household member
  • No Contact Order – victims of domestic violence; incident must have been reported to the police or criminal charges pending
  • Restraining Order – petitioner is either married to respondent or has a child in common with them
  • Anti-Harassment Order – petitioner has been seriously alarmed, annoyed, or harassed by conduct which served no legitimate or lawful purpose

Dating Violence: Defined under federal law (42 U.S.C. 13925(a)) as violence committed by a person:

  • who is or has been in a social relationship of a romantic or intimate nature with the victim, and
  • the existence of such a relationship shall be determined based on the reporting party’s statement with consideration of the length, type, and frequency of interaction between the persons involved in the relationship.

Disciplinary action: This is the process by which the student conduct officer imposes discipline against a student for a violation of the student conduct code.

Discrimination: Unfavorable treatment of a person based on that person’s membership or perceived membership in a protected class. Harassment is a form of discrimination.

Discriminatory conduct: Discriminatory conduct which harms or adversely affects any member of the College community because of his/her race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age (40+); religion; creed; genetic information; sexual orientation; gender identity; veteran's status; or any other legally protected classification.

Domestic Violence: Defined under federal law (42 U.S.C. 13925(a)) as any felony or misdemeanor crime of violence committed by:

  • current or former spouse, or intimate partner, of the victim,
  • person whom the victim shares a child with,
  • a person who has or is cohabitating with the victim as a spouse or intimate partner,
  • a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime or violence occurred, or
  • by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction, in which the crime of violence occurred.

Faculty member: This means any person hired by the College to conduct classroom, counseling, or teaching activities or who is otherwise considered by the College to be a member of its faculty.

Failure to comply: This is the failure to comply with directions of College officials, campus safety officers, or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification

May: This is used in the permissive sense.

Harassment: A form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or their perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that
it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the College’s educational and/or social programs, and/or student housing. It is unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person's protected status and that is sufficiently serious as to deny or limit, and that does deny or
limit, the ability of a student to participate in or benefit from the College's educational program or that creates an intimidating, hostile, or offensive environment for other campus community members. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment.

Examples of conduct that could rise to the level of discriminatory harassment include but are not limited to the following:

  • Epithets, "jokes," ridicule, mockery or other offensive or derogatory conduct focused upon an individual's membership in a protected class.
  • Verbal or physical threats of violence or physical contact directed towards an individual based upon their membership in a protected class.
  • Making, posting, emailing, texting, or otherwise circulating demeaning or offensive pictures, cartoons, graffiti, notes or other materials that relate to race, ethnic origin, gender or any other protected class.

Protected status or class: Persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, gender, sexual orientation, gender identity, marital status, creed, religion,
honorably discharged veteran or military status, or use of a trained guide dog or service animal, or any other legally protected classification. See "Sexual misconduct" for the definition of "sexual harassment." Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media and electronic.

Incapacitation: A person can never give consent to sexual activity if they are physically or mentally incapacitated. A person who is unconscious or under the influence of alcohol, illegal substances or prescribed medication is incapacitated.

Legal Rape Exam Kit: A Sexual Assault Evidence Collection Kit includes physician’s report, diagnostic impressions and description of trauma and injuries, pelvic exam, collect samples of pubic hair, vaginal, oral, rectal exam, fingernail scrapings, saliva, clothing, secretions, check for injuries, blood typing, (swabs, slides, syringes) foreign materials,
alcohol/toxicology samples.

Member of the College community: This includes any person who is a student, faculty member, College official or any other person employed by the College, as well as visitors at the College. A person's status in a particular situation shall be determined by the Vice President of Student Affairs or designee.

Resolution: The means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, mediation, or the formal imposition of discipline sanction.

Respondent: the student or person against whom disciplinary action is initiated. As well, “respondent” is also the person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons.

Responsible Employee: Any person other than a CSA, for whom a student or employee can turn to when reporting a sexual assault, dating violence, domestic violence, or stalking issue.

Retaliation: Acts or attempts to retaliate or seek retribution against the Complainant, Respondent, or any individual or group of individuals involved in the complaint, investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a Respondent or Complainant. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others. 

Policy violation: Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College web site.

Sexual Assault: Can include any form of actual or attempted sexual activity perpetrated upon a person without that person’s consent, including sexual behavior coerced through physical or verbal threats, force or other forms of manipulation and sexual behavior when one person cannot give consent due to incapacitation.

  • An offense classified as a forcible or non-forcible sex offense under the Uniform Crime Reporting System of the Federal Bureau of Investigation (FBI)

Sexual Harassment: (From Green River College HR22 Policy on Nondiscrimination and Harassment Policy and Procedures) For the purposes of this policy, sexual harassment is defined as unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe, persistent or pervasive that it substantially interferes with, limits, or deprives the victim of the ability to participate in, or benefit from the College’s educational program or activities or employment benefits or opportunities. Sexual harassment may be either “quid pro quo” when being asked to subject oneself to unwelcome advances in exchange for something else; or “hostile environment” which may occur when another’s unwelcomed conduct of a sexual nature is sufficiently severe, persistent or pervasive such that it substantially limits one’s ability to work or participate in an educational program.

Sexual harassment is a form of discrimination consisting of unwelcome, gender-based verbal, written, electronic and/or physical conduct. Sexual harassment does not have to be of a sexual nature however, and can include offensive remarks about a person’s gender.

There are two types of sexual harassment:

  • Hostile Environment Sexual Harassment occurs when the conduct is sufficiently severe and/or pervasive and so objectively offensive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the College’s educational and/or social programs and campus housing.
  • Quid Pro Quo Sexual Harassment occurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon the granting of sexual favors.

Examples of behaviors that may rise to the level of sexual harassment and therefore, are prohibited include but are not limited to the following:

  • Physical Assault
  • Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades or letters of recommendation.
  • A pattern of behaviors that is unwelcome and severe or pervasive, resulting in unreasonable interference with the work or educational environment, and may include but is not limited to the following:
    • Comments of a sexual nature
    • Sexually-explicit statements, questions, jokes or anecdotes
    • Unnecessary, undesirable, or unwelcome touching, patting, hugging, kissing or brushing against an individual’s body
    • Remarks of a sexual nature about an individual’s clothing, body or speculations about previous sexual experiences
    • Persistent, unwanted attempts to change a professional relationship to an amorous relationship
    • A supervisor who gives an employee a raise in exchange for submitting to sexual advances.
    • An instructor who promises a student a better grade in exchange for sexual favors
    • Direct or indirect propositions for sexual activity; This includes subtle propositions for sexual activity or direct propositions of a sexual nature
    • Uninvited or unwelcome letters, emails, telephone calls, or other correspondence or communications referring to or depicting sexual activities.

Sexual Misconduct:

  • Sexual misconduct is any sexual activity with another that is unwanted and nonconsensual. Sexual misconduct includes physical contact as well as voyeurism.
  • Consent to sexual activity requires that, at the time of the act, there are actual words or conduct demonstrating freely given agreement to sexual activity. Silence or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when:
    • Force or blackmail is threatened or used to procure compliance with the sexual activity; or
    • The person is unconscious or physically unable to communicate his or her unwillingness to engage in sexual activity; or
    • The person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the influence of alcohol or another substance, or some other cause.
  • A person commits voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films another person, without that person's knowledge and consent, while the person being viewed, photographed, or filmed is in a place where he or she has a reasonable expectation of privacy.

Sexual Violence: Sexual violence is a type of sexual discrimination and harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence. The term "sexual violence" incorporates the definition of "sexual harassment" and means a physical sexual act
perpetrated without clear, knowing, and voluntary consent, such as committing a sexual act against a person's will, exceeding the scope of consent, or where the person is incapable of giving consent, including rape, sexual assault, sexual battery, sexual coercion, sexual exploitation, gender- or sex-based stalking. The term further includes acts of dating or domestic violence. A person may be incapable of giving consent by reason of age, threat or intimidation, lack of opportunity to object, disability, drug or alcohol consumption, or other cause.

Nonconsensual sexual intercourse: any sexual intercourse (anal, oral, or vaginal) however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

Nonconsensual sexual contact is any intentional sexual touching, however slight, including touching with any object, by a person upon another person that is without consent and or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

Shall: This is used in the imperative sense.

Stalking: Stalking, defined as intentionally and repeatedly harassing or following a person and intentionally or unintentionally placing the person being followed or harassed in fear of physical harm to one's self or property or physical harm to another person or another's property. A person engages in stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

  • He or she intentionally and repeatedly harasses or repeatedly follows another person; and
  • The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
  • The stalker either intends to frighten, intimidate, or harass the person; or knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. “Contact” includes, in addition to any other form of contact or communication, the sending of an electronic communication to the
person. 

Statutory Rape: Under NIBRS, this is defined as non-forcible sexual intercourse with a person who is under the Washington State statutory age of consent.

Student: This includes all persons taking courses at or through the College, whether on a full-time or part-time basis, and whether such courses are credit courses, noncredit courses, online courses, or otherwise. Persons who withdraw after allegedly violating the code, who are not officially enrolled for a particular term but who have a continuing
relationship with the College, or who have been notified of their acceptance for admission are considered students.

Title IX Coordinator: The College official who is the Vice President of Human Resources or for students, the College official who is the Vice President for Student Affairs

Vice President of Student Affairs: The College administrator who reports to the College President, who serves as the College's student judicial affairs administrator, and who is responsible for administering the student rights and responsibilities code. The Vice President of Student Affairs may designate a student conduct officer to fulfill this responsibility.

Vice President of Human Resources and Legal Affairs: The College administrator who reports to the College President, who serves as the College's human resources administrator, and who is responsible for administering employee human
resources responsibilities. The Vice President of Human Resources and Legal Affairs may designate a human resources staff member to fulfill this responsibility.

Violation of Laws: Violation of any federal, state, or local law.

Policy 
Green River College will not tolerate personal violence/harassment or sexual assault, including rape, acquaintance rape, and domestic violence, dating violence, and stalking, for incidences on and off campus. This includes both sexual behavior coerced through physical or verbal threats, force or other forms of manipulation and sexual behavior when one person cannot give consent due to incapacitation. Such activities are against the law and are a direct violation of the College’s Student Conduct Code (WAC 132J-126), specifically the sections related to harassment/physical harm and/or Sexual Harassment. When violations are believed to have occurred, disciplinary action can be pursued. This policy is also coordinated with HR-22 policy for nondiscrimination and harassment policies and procedures (as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VII of
the Civil Rights Act of 1964, the Age Discrimination Act of 1975, RCW 49.60.030 and their implementing regulations) and includes following the mandates of Violence Against Women Reauthorization Act (“VAWA”) which President Obama signed into law on March 7, 2013, that imposes these new obligations on colleges and universities under its Campus Sexual Violence Act (“SAVE Act”) provision, Section 304. Lastly, when applicable, this policy is also coordinated with GA-11: Grievance Procedure—Sex Discrimination.

Procedure
The Green River College Personal Violence/Harassment and Sexual Assault Procedure defines and coordinates the efforts of various campus departments in order to provide a caring and effective institutional response to students involved in sexual assaults. This statement serves the purpose of describing the policy but is inadequate for providing a more detailed background for an informed response to this type of incident. For that additional information readers should refer to HR-22 policy for Nondiscrimination and Harassment Policies and Procedures, or Green River
GA-11 Policy on Procedures (1) through (2).

Who May File a Complaint?
Any employee, applicant, student or visitor of the College may file a complaint. Complaints may be submitted in writing or verbally. The College encourages the timely reporting of any incidents of discrimination or harassment. For complainants who wish to submit a written complaint, a formal complaint form is available online. Forms are also available at the following locations on campus: Human Resources, Campus Safety, Student Affairs, or any Dean’s office. Any person submitting a discrimination complaint shall be provided with a written copy of the College’s
anti-discrimination policies and procedures.

Confidentiality and Right to Privacy
Green River College will seek to protect the privacy of the complainant to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Green River College policies and procedures. Although Green River College will attempt to honor complainants’ requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the appropriate Title IX/EEO Coordinator.

Confidentiality Requests and Sexual Violence Complaints
The appropriate Title IX/EEO Coordinator will inform and ask to obtain consent from the complainant before commencing an investigation into a sexual violence complaint. If a sexual violence complainant asks that his or her name not be revealed to the respondent or that the College not investigate the allegation, the Title IX/EEO Coordinator will inform the complainant that maintaining confidentiality may limit the College’s ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that his or her name not be disclosed or that the College not investigate, the Title IX/EEO Coordinator will determine whether the College can honor the request and at the same time maintain a safe and non-discriminatory environment for all members of the College community, including the complainant. Factors to be weighed during this determination
may include, but are not limited to:

  • the seriousness of the alleged sexual violence;
  • the age of the complainant;
  • whether the sexual violence was perpetrated with a weapon;
  • whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints;
  • whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and
  • whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

If the College is unable to honor a complainant’s request for confidentiality, the appropriate Title IX/EEO Coordinator will notify the complainant of the decision and ensure that complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

If the College decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX / EEO Coordinator will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.

Investigation Procedure
Upon receiving a discrimination complaint, the College shall commence an impartial investigation. The Title IX/EEO Coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX/EEO Coordinator or his or her designee. If the investigation is assigned to someone other than the Title IX/EEO Coordinator, the Title IX/EEO Coordinator shall inform the complainant and respondent(s) of the appointment of an investigator.

Interim Measures
The Title IX/EEO Coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition
of summary discipline on the respondent consistent with the College’s student conduct code or the College’s employment policies and collective bargaining agreements.  

Investigation
Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his or her findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX/EEO Coordinator. The Title IX/EEO Coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with the student conduct code or College employment policies and collective bargaining agreements.

Written Notice of Decision
The appropriate Title IX/EEO Coordinator will provide each party and the appropriate corresponding administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations. The complainant shall be informed in writing of the findings and of
actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action. Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA confidentiality requirements.

Informal Dispute Resolution
Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue
mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

Final Decision/Reconsideration
Either the complainant or the respondent may seek reconsideration of the decision by the appropriate Title IX/EEO Coordinator. Requests for reconsideration shall be submitted in writing to the appropriate Title IX/EEO Coordinator within seven days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven days, the decision becomes final. If a request for reconsideration is received, the Title IX/EEO Coordinator shall respond within 15 business days. The appropriate Title IX/EEO Coordinator shall either deny the request or, if the appropriate Title IX/EEO Coordinator
determines that the request for reconsideration has merit, issue an amended decision. Any amended decision is final and no further reconsideration is available.

Reporting
The College encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual or non-sexual violence. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response.

The College encourages all individuals to make a report to the College and to local law enforcement. Reporting options are not mutually exclusive. Both internal and criminal reports may be pursued simultaneously. 

The College has a strong interest in supporting victims and survivors of sexual harassment, sexual violence, stalking and intimate partner violence and encourages all individuals or third party witnesses to report any incident to the College.

Making a report means telling someone in authority what happened – in person, by telephone, in writing or by email. At the time a report is made, a Complainant does not have to decide whether or not to request any particular course of action, nor does a Complainant need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time. The College provides support that can assist each individual in making these important decisions and, to the extent legally possible, will respect an
individual’s autonomy in deciding how to proceed. In this process, the College will balance the individual’s interest with its obligation to provide a safe and non-discriminatory environment for all members of the College community.

Campus Security Authorities (CSA) must, when a crime is reported or observed from a witness, victim, third party, or offender, disclose to Campus Safety for initial investigative requirements and Federal Law requirements under the Jeanne Clery Act.

Any individual who reports sexual harassment, sexual violence, stalking, or intimate partner violence can be assured that all reports will be investigated and resolved in a fair and impartial manner. A Complainant, a Respondent and all individuals involved can expect to be treated with dignity and respect. In every report under this policy, the College will make an immediate assessment of any risk of harm to the Complainant or to the broader campus community and will
take steps necessary to address those risks. These steps will include interim measures to provide for the safety of the individual and the campus community.

Emergency and External Reporting
The College encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual misconduct. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. The College will help any Green River community member to get to a safe place and will provide transportation to the hospital, coordination with law enforcement, and information about on- and off-campus resources and options for resolution.

Campus Reporting Options
The College encourages all individuals to report misconduct to any College employee the Complainant trusts and feels comfortable with. Under Title IX, a college is required to take immediate and corrective action if a “responsible employee” knows or, in the exercise of reasonable care, should have known about sexual or gender-based harassment that creates a hostile environment. A “responsible employee” includes any employee
who:

  1. has the authority to take action to redress the harassment;
  2. has the duty to report to appropriate College officials sexual harassment or any other misconduct by students or employees; or
  3. a student could reasonably believe has the authority or responsibility to take action.

Using this lens, employees with supervisory and leadership responsibilities on campus are considered “responsible employees.” This may include, for example, faculty, coaches, administrators, resident assistants and other student employees with a responsibility for student welfare, including Personal Safety Against Violence Committee members. 

The College requires that all “responsible employees” share a report of misconduct with the Title IX Coordinator or a member of the Title IX team. The Title IX team, under the guidance of the Title IX Coordinator, will conduct an initial assessment of the conduct, the Complainant’s expressed preferences, if any, as to course of action, and the necessity for any interim remedies or accommodations to protect the safety of the Complainant or the community.

All Green River College community members, even those who are not obligated to do so by this policy, are strongly encouraged to report information regarding any incident of sexual harassment, sexual violence, stalking or intimate partner violence directly to the Title IX Coordinator. The College cannot take appropriate action unless an incident is
reported to the College.

Anonymous Reporting
Any individual may make an anonymous report concerning an act of sexual harassment, sexual violence, stalking, or intimate partner violence. An individual may report the incident without disclosing his/her name, identifying the Respondent or requesting any action. Depending on the extent of information available about the incident or the
individuals involved however, the College’s ability to respond to an anonymous report
may be limited.

The Title IX Coordinator will receive the anonymous report and will determine any appropriate steps, including individual or community remedies as appropriate, and in consultation with the Director of Campus Safety, compliance with all Clery Act obligations.

Reporting Considerations: Timeliness and Location of Incident
Complainants and third-party witnesses are encouraged to report sexual harassment, sexual violence and intimate partner violence as soon as possible in order to maximize the College’s ability to respond promptly and effectively. The College does not, however, limit the time frame for reporting. If the Respondent is not a member of the Green River College community, the College will still seek to meet its Clery and Title IX obligation by taking steps to end the harassment, prevent its recurrence, and address its effects, but its ability to take disciplinary action against the Respondent may be limited.

An incident does not have to occur on campus to be reported to the College. Off-campus conduct that is likely to have an effect on the Complainant’s or Respondent’s on-campus life and activities or poses a threat or danger to members of the Green River community may also be addressed under this policy.

The College is mandated by Federal Law to send out a Timely Warning or Immediate Notification if the crime involves a Clery Crime within the Clery Geography, or if there is a threat to the community that has not yet been mitigated.

Coordination with Law Enforcement
The College encourages Complainants to pursue criminal action for incidents of sexual harassment, sexual violence and intimate partner violence that may also be crimes under Washington State law. The College will assist a Complainant in making a criminal report and cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process to the extent permitted by law.

The College’s policy, definitions and burden of proof may differ from Washington criminal law. A Complainant may seek recourse under this policy and/or pursue criminal action. Neither law enforcement’s determination whether or not to prosecute a Respondent, nor the outcome of any criminal prosecution, are determinative of whether a violation of this policy has occurred. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. 

The College provides the complainant with the option of filing a criminal report, but the College is required to conduct a simultaneous investigation, in lieu of any police investigation, for the purposes of Title IX and Clery. These investigations could also coincide with any Title VII investigation for employees.

Statement against Retaliation
It is a violation of College policy to retaliate in any way against an individual because s/he raised allegations of sexual harassment, sexual violence, stalking, or intimate partner violence. The College recognizes that retaliation can take many forms, may be committed by or against an individual or a group, and that a Complainant, Respondent or third party may commit or be the subject of retaliation.

The College will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting sexual harassment or misconduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.

Bystander Intervention
The College expects all community members to take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention, calling law enforcement, or seeking assistance from a person in authority. Community members who choose to exercise this positive moral obligation will be supported by the College and protected from retaliation.

False Reports
The College will not tolerate intentional false reporting of incidents. A charge of sexual harassment, sexual violence, stalking, or intimate partner violence may have severe consequences, and the College takes the accuracy of information very seriously. A good-faith complaint that results in a finding of not responsible is not considered a false or fabricated accusation of sexual misconduct. However, when a Complainant or third-party witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the Complainant may be subject to disciplinary action. It is a violation of the Code of Student Conduct to make an intentionally false report of any
policy violation, and it may also violate state criminal statutes and civil defamation laws.

Reports Involving Minors or Suspected Child Abuse
Under Washington law, an individual must make a mandatory report of suspected child abuse and neglect, including sexual assault when that individual, in his/her professional capacity or within the scope of his/her employment, has knowledge of or observes a minor under the age of 18 whom the individual knows or reasonably suspects has been
the victim of child abuse or neglect.

All College employees, whether designated as a mandatory reporter under Washington state law or not, are required to immediately report any suspected child abuse and neglect to the Title IX Coordinator and the Director of Campus Safety. The source of abuse does not need to be known in order to file a report.

The College will report all suspected child abuse and neglect, including sexual assault, to law enforcement and/or to Washington Department of Social and Health Services. The College must act quickly regarding all reasonable suspicions of sexual or physical abuse. It is not the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of Child Protective Services and law enforcement authorities.

In addition to notifying the Title IX Coordinator and Director of Campus Safety, any individual may make a direct report as follows:

  • If a child is in immediate danger, call 911.
  • If there is no immediate danger, call Child Protective Services (CPS).

Local phone numbers can be located at:

At the request of law enforcement, the College may agree to defer its Title IX fact gathering until after the initial stages of a criminal investigation. The College will nevertheless communicate with the Complainant regarding Title IX rights, procedural options and the implementation of interim measures to assure safety and well-being. The College will promptly resume its Title IX fact gathering as soon as it is informed that law enforcement has completed its initial investigation. 

Interim Measures, Remedies and Accommodations

Overview
Upon receipt of a report, the College will impose reasonable and appropriate interim measures designed to eliminate the hostile environment and protect the parties involved. The College will make reasonable efforts to communicate with the parties to ensure that all safety, emotional and physical well-being concerns are being addressed. Interim measures may be imposed regardless of whether formal disciplinary action is sought by the Complainant or the College.

The complainant will receive a written guide containing community and College resources when the report is first taken. S/he will also receive a written notice of rights by the conduct affairs officer.

A Complainant or Respondent may request an Institutional No-Contact Order or other protection, or the College may choose to impose interim measures at its discretion to ensure the safety of all parties, the broader College community and/or the integrity of the process.

All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The College will take immediate and responsive action to enforce a previously implemented measure.

Range of Measures
Interim measures will be implemented at the discretion of the College. Potential remedies, which may be applied to the Complainant and/or the Respondent, include, but are not limited to:

  • Access to counseling services and assistance in setting up initial appointment, both on and off campus
  • Imposition of campus No Contact Order
  • Rescheduling of exams and assignments (in conjunction with appropriate faculty)
  • Providing alternative course completion options (with the agreement of the appropriate faculty)
  • Change in class schedule, including the ability to take an “incomplete,” drop a course without penalty or transfer sections (with the agreement of the appropriate faculty)
  • Change in work schedule or job assignment
  • Change in on-campus housing
  • Arranging to dissolve a housing contract and pro-rating a refund in accordance with campus housing policies
  • Assistance from College support staff in completing housing relocation
  • Limit an individual or organization’s access to certain College facilities or activities pending resolution of the matter
  • Voluntary leave of absence
  • Providing an escort to ensure safe movement between classes and activities
  • Providing medical services
  • Providing academic support services, such as tutoring
  • Interim suspension or College-imposed leave
  • Any other remedy that can be tailored to the involved individuals to achieve the goals of this policy

Interim Suspension or Separation
Where the report of sexual harassment, sexual violence, stalking, or intimate partner violence poses a substantial and immediate threat of harm to the safety or well-being of an individual, members of the campus community, or the performance of normal College functions, the College may place a student or student organization on summary suspension or impose leave for an employee. Pending resolution of the report, the individual or organization may be denied access to campus, campus facilities and/or all other College activities or privileges for which the student might otherwise be eligible, as the College determines appropriate. When interim suspension or leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within an expedited time frame.

The full provisions for Summary Suspension for students are contained in the Code of Student Conduct. Provisions for suspension of faculty members are contained in the Faculty Handbook. Staff may be placed on leave at the discretion of the College.

Options for Resolution

Overview
Upon receipt of a report, the College’s Title IX Coordinator or designee will conduct an Initial Title IX Assessment. The goal of this assessment is to provide an integrated and coordinated response to reports of sexual harassment or misconduct. The assessment will consider the nature of the report, the safety of the individual and of the campus community, and the Complainant’s expressed preference for resolution. At the conclusion of the assessment, the College may choose to pursue Informal Resolution, a remedies-based approach that does not involve disciplinary
action against a Respondent, or refer the matter for Investigation. Informal dispute resolution shall not be used to resolve sexual misconduct complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

The goal of the Investigation is to gather all relevant facts and determine if there is sufficient information to refer the report on for disciplinary action using the College’s Formal Resolution procedures.

College personnel will honor requests to keep sexual misconduct complaints confidential to the extent this can be done without unreasonably risking the health, safety, and welfare of the complainant or other members of the College community or compromising the College's duty to investigate and process sexual harassment and sexual violence complaints.

The initial steps for resolution of a complaint against a student, an employee or a faculty member will involve the same stages: an initial assessment, investigation, and either informal or formal resolution. There are specific procedures for resolving complaints against a student, faculty or staff respondent.

The Role of Title IX Coordinator
The Title IX Coordinator (or designee), facilitates the review, investigation and resolution of reports. College officials who may be a part of such investigation include the Director of Campus Safety. In addition, based on the role of the Complainant and the Respondent, the members of the team could include the Vice President for Instruction, Vice President of Student Affairs and various Deans of Instruction, Student Affairs, and/or Human Resources. Composition of the team will be limited to a small circle of individuals who “need to know” in order to implement procedures under this policy.

Although a report may be made to any College employee, the College seeks to ensure that all reports are referred to the Title IX Coordinator to ensure consistent application of the policy to all individuals and allow the College to respond promptly and equitably to eliminate the harassment, prevent its recurrence and address its effects.

The Title IX Coordinator will oversee the resolution of a report under this policy. Resources are available for both students and employees, whether as Complainants or Respondents, to provide guidance throughout the investigation and resolution of the complaint. Interim Remedies are also available to provide protection and security.

Initial Title IX Assessment
In every report of sexual harassment or misconduct, the College will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim protective measures to provide for the safety of the individual and the campus community.

The initial review will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, the investigation may be initiated depending on a variety of factors, such as the Complainant’s wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding, and the nature of the allegation.

Standard of Evidence
The College utilizes a standard of preponderance of the evidence (i.e. it is more likely than not that sexual assault, harassment or another form of sexual misconduct occurred) when reviewing a complaint.

Disciplinary Sanctions
The specific sanctions available to the adjudicating official or body may differ depending on the circumstances of the matter being addressed. In general, however, sanctions imposed upon students determined to have violated this policy can include a range of sanctions including, but not limited to, warning, censures, education/counseling, disciplinary probations, suspension or dismissal from the College.

Notification
When the conduct involves allegations of a crime of violence or a non-forcible sex offense, the College will simultaneously provide written notification of the final results of a disciplinary proceeding against the alleged perpetrator to both the victim and the alleged perpetrator, regardless of whether the institution concluded that a violation was committed.

Investigation
Where the Title IX assessment concludes that disciplinary action may be appropriate, the College will initiate an investigation. The College will designate an investigator who has specific training and experience investigating allegations of sexual harassment and sexual misconduct. The investigator may be an employee of the College or an external investigator engaged to assist the College in its fact gathering. The College will typically use a team of two investigators, which may include the pairing of an external investigator with a College employee. Any investigator
chosen to conduct the investigation must be impartial.

The investigator will conduct the investigation in a manner appropriate in light of the circumstances of the case, which will typically include interviews with the Complainant, the Respondent and any witnesses. The interviews will be supplemented by the gathering of any physical, documentary or other evidence. As part of the investigation, the College will provide an opportunity for the parties to present witnesses and other evidence.

The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial and fair, and all individuals will be treated with appropriate sensitivity and respect. The investigation will be conducted in a manner that is respectful of individual privacy concerns.

The College will seek to complete the investigation within 20 (twenty) business days of receiving the complaint, but this time frame may be extended depending on the complexity of the circumstances of each case. At the conclusion of the investigation, the report will be forwarded to the Title IX Officer and the appropriate personnel responsible for initiating Formal Resolution proceedings.

Information gathered during the review or investigation will be used to evaluate the responsibility of the Respondent, provide for the safety of the Complainant and the College campus community, and impose remedies as necessary to address the effects of the conduct cited in the report. Where there is sufficient information set forth that, if proven, would constitute a violation of policy, the College will have the discretion to institute Formal Resolution proceedings against the Respondent. At the conclusion of the investigation, the College will notify all parties that the investigation is complete and provide information about next steps in the process.

Based on the information gathered in the initial Title IX assessment and/or full investigation, the College will take appropriate measures designed to end the misconduct, prevent its recurrence and address its effects.

The Title IX Coordinator will document each report or request for assistance in resolving a case involving charges of sexual misconduct, whether formal or informal, and will review and retain copies of all reports generated as a result of investigations. These records will be kept confidential to the extent permitted by law.

Informal Resolution
Informal dispute resolution shall not be used to resolve sexual misconduct complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence. Informal resolution is a remedies-based, non-judicial approach designed to eliminate a hostile environment without taking disciplinary action against a Respondent. Where the Title IX assessment concludes that informal resolution may be appropriate, the College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational and extracurricular activities at the College and to eliminate a hostile environment. Examples of protective remedies are provided above in the section titled Interim Measures, Remedies and Accommodations /

Range of Measures
Other potential remedies include targeted or broad-based educational programming or training, direct confrontation of the Respondent and/or indirect action by the Title IX Coordinator or the College. Depending on the form of informal resolution used, it may be possible to maintain anonymity.

The College will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of informal resolution. Mediation, even if voluntary, may not be used in cases involving sexual violence or assault. The decision to pursue informal resolution will be made when the College has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Complainant can request to end informal resolution at any time.

The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolution. Informal resolution will typically be completed within thirty (30) business days of the initial report.

Formal Resolution
Disciplinary action against a Respondent may only be taken through Formal Resolution procedures. Because the relationship of students, staff, and faculty to the College differ in nature, the procedures that apply when seeking disciplinary action necessarily differ as well. Each of the procedures, however, is guided by the same principles of fundamental fairness and respect for all parties, which require notice, an equitable opportunity to be heard, and an equitable opportunity to respond to a report under this policy.

The accuser (complainant) and accused (respondent) are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. Whenever possible, these proceedings dealing with students are coordinated with the Student Code of Conduct, a respondent (or complainant) may elect to have an attorney be their advisor at the
hearing, at his or her own cost, but will be deemed to have waived that right unless, at least four business days before the hearing, written notice of the attorney's identity and participation is filed with the committee chair with a copy to the student conduct officer. Note: Attorneys are welcome, but the College will only consider an adjustment of a hearing date within two business days of the original hearing date. Except as provided otherwise in a collective bargaining
agreement, attorneys may not speak at hearings, but may communicate with their client(s) through written notes.

The specific procedures for Formal Resolution will vary based upon the role of the Respondent:

For a complaint against a student, disciplinary action may be taken by the Vice President of Student Affairs and appropriate Dean of Student Affairs or his/her designee following a finding of responsibility by an Administrator.

For a complaint against an employee, disciplinary action may be taken at the conclusion of the investigation by the Vice President of Human Resources & Legal Affairs.

For a complaint against a faculty member, disciplinary action may be taken at the conclusion of the investigation by the Vice President for Instruction and/or The Vice President of Human Resources pursuant to the procedures in the Faculty Handbook and Faculty Contract.

Time Frame for Resolution
The College seeks to resolve all reports within 60 days of the initial report. All time frames expressed in this policy are meant to be guidelines rather than rigid requirements. Extenuating circumstances may arise that require the extension of time frames, including extension beyond 60 days. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a
concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances.

In general, a Complainant and Respondent can expect that the process will proceed according to the time frames provided in this policy. In the event that the investigation and resolution exceed this time frame, the College will notify all parties of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

Steps To Follow For First Responders:

  • Assess the situation with safety as the first priority
    • If in immediate danger, call 911 and then call Campus Safety at ext. 3350 so they can meet and guide the police to the location
  • Contact a support person to be with the victim
  • Discuss medical options: Victim should not wash up, but should be checked for sexually transmitted diseases, HIV, possible pregnancy, and have evidence collected at a hospital. For best results, a rape exam should be conducted within 72 hours.
  • Discuss legal and College reporting options
    • Campus Safety, ext. 3350, provides safety and will contact the Auburn Police Department
    • The victim can choose if they want to speak to the Police Officer called
    • The victim can choose to have a King County Sexual Assault Resource Center advocate present during the questioning, and for on-going support, call the 24-Hour Resource Line at 888-998-6423 or 800-825-7273
  • Campus Safety fills out a Sexual Assault Report form.
  • The Vice President of Student Affairs or designee, ext. 3328 is contacted when the Sexual Assault Report form is filed and will meet with the victim to discuss reporting and resource options.

Campus Processes

Victims of sexual assault are strongly encouraged to use the campus Code of Conduct process, sexual harassment complaint process, and the criminal justice system in pursuing action against the alleged offender. Green River College is committed to providing students with an environment conducive to the pursuit of knowledge. Admission to the College carries with it the presumption that students will conduct themselves as responsible members of the community and refrain from actions that would endanger the health, welfare, or safety of others. Conduct constituting a sexual offense, such as rape, sexual or physical assault, or sexual harassment, will not be tolerated. Students who
commit sexual offenses of any form can be prosecuted under Washington State Criminal Code (RCW Chapter 9A) and/or disciplined under the College’s Student Conduct Code (WAC 132J-126).

If the alleged offender is a student, the victim is encouraged to meet with the Vice President of Student Affairs or designee to file a written complaint. A written complaint allows the Vice President of Student Affairs to initiate an investigation. The Vice President of Student Affairs will treat such a complaint with high priority and will conduct a fair and impartial investigation. Both parties will have the opportunity to tell their side of the incident. Both parties may have an advocate present during any interview (pursuant to College procedures already noted above) or
any College proceeding related to the alleged assault.

Publication of Anti-discrimination Policies and Procedures
The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president's designee. Any person who believes he or she has been subjected to discrimination in violation of College policy will be provided a copy of these policies and procedures.

Limits to Authority
Nothing in this procedure shall prevent the College President or designee from taking immediate disciplinary action in accordance with [Community/Technical] College policies and procedures, and federal, state, and municipal rules and regulations.

Non-Retaliation, Intimidation and Coercion
Retaliation by, for or against any participant (including complainant, respondent, witness, Title IX/EEO Coordinator, or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation or any resulting disciplinary proceedings is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the Title IX/EEO Coordinator immediately.

Criminal Complaints
Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:


Kent Police Department
220 4th Ave S
Kent, WA 98032
253-856-5800
  
Auburn Police Department
340 East Main St, Suite 201
Auburn, WA 98002
253-288-2121
 
Enumclaw Police Department
1705 Wells St
Enumclaw, WA 98022
360-825-3505
  
 
King County Sheriff
516 Third Ave, Room W-150
Seattle, WA 98104
206-296-4155
  
Pierce County Sheriff
County-City Building, First Floor
930 Tacoma Ave S
Tacoma, WA 98402
253-798-7530
 

The College will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

Other Discrimination Complaint Options
Discrimination complaints may also be filed with the following federal and state agencies:
Washington State Human Rights Commission
US Dept of Education Office for Civil Rights 
Equal Employment Opportunity Commission 


Specific Authority

 

Law Implemented


History of Policy or Procedure
Draft: January 7, 2005, May 17, 2008
Adopted: January 6, 2006
Revised: March 12, 2008; February 21, 2013; December 8, 2016; January 8, 2017
Reviewed by:
Contact: Dr. Deborah Casey, Vice President of Student Affairs, ext. 3328 or Marshall Sampson, Vice President of Human Resources & Legal Affairs
President’s Staff Sponsor: Dr. Deborah Casey, Vice President of Student Affairs, ext. 3328 and
Marshall Sampson, Vice President of Human Resources & Legal Affairs, ext. 3315