Information for Complainant
If you are a student at Barstow Community College (BCC), and you have been the victim of sexual harassment, sexual violence or other gender-based harassment it is important that you read the following information. Although not intended to be a comprehensive explanation of your options and rights, this information may be useful to you.
Sexual harassment, sexual violence, and other gender-based harassment occurring in the college setting implicates a federal law called Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities and which triggers certain responsibilities on the part of the college. Barstow Community College has a Title IX Coordinator who can help explain the college’s responsibilities in these cases. The Title IX Office is located in the Student Services Building room C41. Barstow Community College’s Title IX Coordinator is Dr. Oscar Espinoza-Parra, Vice President, Student Services, 760-252-2411 ext. 7353
Barstow Community College is committed to maintaining a positive learning, working and living environment. The college will not tolerate acts of sexual harassment or sexual violence or related retaliation against or by any employee or student. When sexual harassment or sexual violence has occurred and is brought to the attention of a responsible administrator, steps will be taken to end the harassment or violence, prevent its reoccurrence, and address its effects.
Within the college’s processes, the person making the allegations is referred to as the Reporting Party or Complainant. The person who the allegations have been made against is referred to as the Respondent. A complainant who wishes to report sexual harassment, sexual violence or other gender-based harassment may report their complaint directly to the Title IX Coordinator. A complainant may also report directly to law enforcement. A complainant may pursue both the campus process through the Title IX Coordinator and the criminal process simultaneously. In addition, students may file a Title IX complaint with the Office for Civil Rights of the U.S. Department of Education.
The Title IX Coordinator has the authority to address complaints of sexual harassment and sexual violence in a non-criminal context. This campus process is completely separate from the police and courts. Within Barstow Community College, the identity of the respondent determines which of the two offices handles the case. When the respondent is a student at the time of the incident, the Title IX Coordinator provides a student conduct process for investigating those cases whether they occur on or off campus. For cases where the respondent is an employee, those cases are handled by the Vice President of Human Resources, Laura Benson 760-252-2411 ext. 7277, who is also a member of the Title IX Team. When the respondent is both a student and an employee, the two offices may work together to resolve the case. If you are uncertain about which office to contact you may call either office.
Informal Resolution vs. Formal Investigation
The Title IX Coordinator will review the allegations and determine an appropriate course of action. Some cases can be handled informally and outside of the formal investigative process, although the college will not mediate cases of sexual violence even on a voluntary basis. All investigations will be conducted in a thorough and neutral manner by individuals who have received specialized training. When the college becomes aware of sexual violence, the college may have an obligation to proceed with an investigation, regardless of a complainant’s wishes, in order to ensure campus safety. You are not required to participate if you choose not to; however, this may limit the college’s ability to respond to the incident. If you request that your name or other identifying information not be used in an investigation, the college will consider your request in light of the context of its responsibility to provide a safe and nondiscriminatory environment. In most cases, information including your name may be shared with the respondent, witnesses and with college officials who have a legitimate need to know. Beyond that, the college will take steps to protect your identity and the identity of all individuals involved.
Standard of Proof
In the college’s process, the complainant and respondent will not be permitted to directly question each other and are not required to be present together at any point. Both a complainant and a respondent have the right to identify witnesses and provide other information relevant to the investigation. The college will decide the case based on a preponderance of the evidence standard (whether or not it is more likely than not that the conduct occurred).
When Law Enforcement is Involved
In most cases, the college will not wait until a criminal case is resolved before proceeding with the case. In addition, if a college official has a reasonable belief that a crime has been committed, she or he may be obligated to report that to law enforcement if police have not already been notified. In cases where a police investigation has been conducted or is being conducted, law enforcement may be able to provide some information to the Title IX Coordinator with the victim’s consent. The college’s fact-finding investigation may be delayed for a short period of time upon a request from law enforcement, but will be resumed as soon as possible.
Investigation and Determination Timeframe
Most sexual violence or sexual harassment investigations conducted through the Title IX Office takes up to 60 days to be resolved, depending on the complexity of the case and the number of parties involved. The college will keep a complainant advised as to the status of the case as the complainant desires and as is reasonable. The complainant will be informed of the outcome of the case in writing.
When Alcohol and Drugs are Involved
Because the school’s primary concern is student safety, minor alcohol and drug violations by a complainant may be handled informally. If you are underage, you will not get in trouble if you report a sexual assault that happened while you were drinking. The use of alcohol or other drugs never makes the victim at fault for sexual violence. An individual accused of sexual misconduct does not avoid or mitigate responsibility because s/he was under the influence of alcohol or other drugs.
Remedies and Interim Sanctions
The college will take interim steps to protect a complainant and a respondent while the case is pending. Depending on the case and the complainant’s wishes, these steps may include class moves, ordering a respondent to not have contact with the complainant, excluding a respondent from parts of campus, or providing an escort to accompany you on campus. Any adjustments made will be designed to minimize the burden on the complainant’s educational program. Some of these actions may also be remedies in those cases resulting in a finding of a policy violation.
Protection from Retaliation
Barstow Community College has a policy which prohibits retaliation against any employee or any student who reports an incident of alleged sexual harassment or sexual violence, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to these allegations. Respondents are informed of this provision, and any retaliation should be reported immediately to the appropriate Title IX Coordinator.
Student Bill of Rights for Victims/Survivors of Gender-Based Violence
All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, stalking, and sexual assault treated seriously;
- Make a decision whether or not to disclose a crime or violation and participate in the judicial/conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and receive from the institution courteous, fair, and respectful health care and counseling services;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the institution, any student, the accused and/or respondent and/or their friends, family, and acquaintances within the jurisdiction of the institution;
- Access to al least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
If you provide your contact information, you will receive a response from the Title IX Coordinator within 2 business days.