Title IX

San Juan College does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, genetic, veteran’s status, or on the basis of any other category protected under federal, state and local laws, in any educational programs and activities, or in its employment and admissions decisions.


Information about Title IX:

Gender/Sex-based Discrimination occurring in a higher-education setting implicates a federal law called Title IX of the Higher Education Amendments of 1972 to the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.

San Juan College is committed to maintaining a positive learning and working environment, and will not tolerate gender/sex-based harassment or violence, or related retaliation. When such harassment, violence, or retaliation is brought to the attention of the College, its Title IX Coordinator will take steps to end the harassment, violence, or retaliation; prevent its reoccurrence; and address its effects.

Contact Information for Title IX Coordinator:

Stacey Allen
Stacey Allen 

The Assistant Director of Human Resources has been designated as the Equal Employment and Opportunity Officer, Title IX and Section 504/Title II Coordinator (“EEO/Title IX/Section 504 Coordinator”) for San Juan College.

The office is located on the Main Campus Educational Services Building, second floor, Room 4236. The EEO/Title IX/Section 504 Coordinator can be reached directly at the following telephone number: (505) 566-3515 or allens@confianzacreativa.com.

This position oversees disability compliance, the San Juan College’s policy on equal opportunity, harassment, and non-discrimination. The Title IX Coordinator has the primary responsibility for coordinating San Juan College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this policy.

Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of New Mexico regard Sexual Harassment as an unlawful discriminatory practice. 

San Juan College has adopted the following definition of Sexual Harassment in order to address the unique environment of an academic community. Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved. 

Sexual Harassment, as an umbrella category, includes the actual or attempted offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as: 

Conduct on the basis of sex or that is sexual that satisfies one or more of the following:

Quid Pro Quo:

An employee of the College, conditions the provision of an aid, benefit, or service of the College, on an individual’s participation in unwelcome sexual conduct.

Sexual Harassment:

Unwelcome conduct, determined by a reasonable person, to be so severe, and pervasive, and, objectively offensive, that it effectively denies a person equal access to the College’s education program or activity.

Sexual assault, defined as:

 

1) Sex Offenses, Forcible: Any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Including rape, sodomy, sexual assault with an object, and fondling.

2) Sex Offenses, Non-forcible:

  1. Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by New Mexico law.
  2. Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 18 in the state of New Mexico.

3) Dating Violence, defined as:

Violence, on the basis of sex, committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition—

  1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  2. Dating violence does not include acts covered under the definition of domestic violence.

 4) Domestic Violence, defined as:
Violence, on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of New Mexico, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of New Mexico. 

*To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

5) Stalking, defined as:

Engaging in a course of conduct, on the basis of sex, directed at a specific person, that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress.

For the purposes of this definition:

  1. Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent 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.
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Sexual Harassment may also include any definition that is set forth in the statutes or regulations of the State of New Mexico.

Complainant/Respondent

If you wish to report gender/sex-based discrimination, harassment, violence, retaliation, or any other Title IX issue, you are referred to as the Complainant. The person against whom you have made allegations is referred to as the Respondent.

Internal Reporting

Submit Online Reporting for Title IX

Online reporting for sexual harassment, sexual assault/violence, dating violence, domestic violence, and stalking. Disclosure of the incident may be required under the Clery Act. However, the identity of survivor will not be disclosed.

Students, faculty, staff and individuals who have an active San Juan College User Name and Password may use the online form.

If you do not have an active User Name and Password, please contact San Juan College’s Title IX Coordinator, Stacey Allen to make a report.

Stacey Allen can be reached directly by the following:

Call: (505) 566-3515

Email: allens@confianzacreativa.com

Visit: Main Campus in the Educational Services Building, Second Floor, Room 4236.

In addition, reports can be made to any College personnel, including the Office of Advising and Counseling at (505) 566-3403, and Department of Public Safety at (505) 215-3091. Mandatory reporting is required. Counselors Only with the Advising and Counseling Center are a confidential resource, student consent is required for providing the Complainant's personal identifiable information.

External Reporting

If you require emergency assistance, please contact the Farmington Police Department at (505) 334-6622 or call 911 immediately.

To report sexual assault confidentially, contact Sexual Assault Services of Northwest New Mexico 24-Hour Crisis Hotline: (505) 326-4700 or 1(866) 908-4700.

Reporting party may pursue separate complaints simultaneously through the Title IX Coordinator and through a law enforcement process. In addition, you may file a complaint with the Office of Civil Rights of the United States Department of Education.

Preservation of Evidence:

The Importance of Reporting Sexual Violence and Misconduct to Law Enforcement and Preserving Evidence

  1. Persons who are in danger of or undergoing an event of sexual violence or sexual misconduct should immediately call 911.
  2. Persons who have just experienced an incident of sexual violence or sexual misconduct are encouraged to report the incident as soon as possible to the Farmington Police Department by calling 911 or 334-6622.
  3. Persons who have experienced sexual violence or sexual misconduct in the past are still encouraged to report the incident to law enforcement, regardless of when it occurred.
  4. Physical evidence may be necessary to prosecute the offender and can be helpful in obtaining a protection order. If possible, do not bathe, wash your hands, use the restroom, eat, drink, smoke, brush your teeth or change your clothes following an assault; although evidence may be available if you do. Collection of evidence is conducted at Sexual Assault Services of Northwest New Mexico or local hospitals. If you have severe injuries call 911 or go to a hospital emergency room immediately. The ability to obtain and preserve critical evidence in sex related crimes diminishes over time. The earlier a victim reports an incident of sexual violence or misconduct, the greater the opportunity to collect helpful evidence (particularly medical evidence), provide clear and detailed information about what happened, and identify and get statements from eyewitnesses.
  5. Early reporting helps preserve evidence. San Juan College encourages timely reporting. Victims can decide later whether they wish to continue pursuing criminal charges.

San Juan College’s Notice of Non-Discrimination and Equal Opportunity Statement

San Juan College does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, genetic, veteran’s status, or on the basis of any other category protected under federal, state and local laws, in any educational programs and activities, or in its employment and admissions decisions.

San Juan College’s policy of Non-discrimination, Sexual Harassment and Harassment extends to recruitment, employment, compensation, benefits, transfers, layoffs, returns, institutionally sponsored education, training, tuition assistance, social and recreational programs, staff development opportunities and advancement. In addition, the College adheres to this non-discrimination and equal opportunity philosophy in its admissions policies and practices; as well as any other terms and conditions of employment; or any other academic programs, terms and conditions.

The College is committed to ongoing support that promotes equal opportunity, inclusion, and non-discrimination efforts for its faculty, staff, students, contractors, and visitors. The programs will require the personal dedication of every member of the college community to implement the commitments of the institution. 

Complaints or notice of alleged policy violations, or inquiries regarding this policy and procedures, are made to the following person: 

The Assistant Director of Human Resources has been designated as the Equal Employment and Opportunity Officer, Title IX and Section 504/Title II Coordinator (“EEO/Title IX/Section 504 Coordinator”) for San Juan College. 

The office is located on the Main Campus in the Educational Services Building, second floor, Room 4236. The EEO/Title IX/Section 504 Coordinator can be reached directly at the following telephone number: (505) 566-3515 or allens@confianzacreativa.com

Inquiries may be made externally to: 

Denver Office, U.S. Department of Education, Office for Civil Rights
Telephone: 303-844-5695
FAX: 303-844-4303; TDD: 800-877-8339
Email: OCR.Denver@ed.gov 

Office for Civil Rights (OCR), U.S. Department of Education
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012 TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: Office for Civil Rights (OCR), U.S. Department of Education 

San Juan College’s Sex/Gender Based Discrimination Policy is located at SJC Title IX Information

Reporting and Responding Party Rights

Reporting Party Rights: Reporting Parties are afforded the following rights in the College’s investigative and resolution process:

  • To be treated with respect, dignity and sensitivity throughout the process;
  • To seek and receive appropriate support services at the College;
  • To the presence of an advisor of their own choosing throughout the process; offers support but may not speak on behalf of the advisee to the investigators; During the live hearing process, the College will provide an advisor to conduct interview/cross-examine, if one was not selected prior to this process; 
  • To confidentiality and protection under the Family Education Rights and Privacy Act (FERPA). The College will make all reasonable efforts to ensure preservation of privacy, restricting information to those with a legitimate need to know;
  • To be informed of the College’s Gender/Sex-Based Discrimination, Harassment, and Retaliation Policy;
  • To a prompt and thorough investigation of the allegations;
  • To challenge any individual taking part in an administrative review process if a conflict of interest is present;
  • To participate or decline to participate in the College’s investigation. However, the College will determine an outcome with the information available pursuant to applicable proceedings;
  • To be notified, in writing, of the case resolution – including the outcome of any sanctions/remedial action and appeal;
  • To report incidents of criminal sexual and gender-based misconduct to law enforcement if Reporting Party wishes to do so;
  • To understand that information collected in this process may be subpoenaed in criminal or civil proceedings.
  • To understand the College prohibits retaliation against any employee or student who reports, testifies, assists, or participates in an investigation or hearing relating to allegations of sexual or other discriminatory harassment or violence. Any retaliation should be reported immediately to the Title IX Coordinator.

Responding Party Rights: Responding Party are afforded the following rights in the College’s investigative and resolution process:

  • To be treated with respect, dignity and sensitivity throughout the process;
  • To seek and receive appropriate support services at the College;
  • To the presence of an advisor of their own choosing throughout the process; offers support but may not speak on behalf of the advisee to the investigators; During live hearing process, the College will provide an advisor to conduct interview/cross-examine, if one was not selected prior to this process;
  • To refuse to have an allegation resolved through conflict resolution process;
  • To request and receive disability related reasonable accommodations;
  • To confidentiality and protection under the Family Education Rights and Privacy Act (FERPA). The College will make all reasonable efforts to ensure preservation of privacy, restricting information to those with a legitimate need to know;
  • To be informed of the College’s Gender/Sex-Based Discrimination, Harassment, and Retaliation Policy;
  • To a prompt and thorough investigation of the allegations;
  • To challenge any individual taking part in an administrator review process if a conflict of interest is present;
  • To participate or decline to participate in the College’s investigation. However, the College will determine an outcome with the information available pursuant to applicable proceedings;
  • To be notified, in writing, of the case resolution – including the outcome of any sanctions/remedial action and appeal;
  • To understand that information collected in this process may be subpoenaed in criminal or civil proceedings;
  • To understand the College prohibits retaliation against any employee or student who reports, testifies, assists, or participates in an investigation or hearing relating to allegations of sexual or other discriminatory harassment or violence. Any retaliation should be reported immediately to the Title IX Coordinator.

Gender/Sex-Based Discrimination Resources

Reporting to “Responsible Employees: Certain employees at San Juan College are designated as “responsible employees” under Title IX who have an affirmative legal duty to inform the EEOO/Title IX Coordinator so that a formal investigation can commence. Faculty members, department heads, Deans, the Vice President of Student Services, and Public Safety Department officers are all designated as “responsible employees”. To the extent possible, information reported to a responsible employee will only be shared with persons in the EEOO/Title IX Coordinator’s office who are responsible to investigate and respond to the report. These individuals will not automatically report the incident on to law enforcement (except in the case of sexual abuse of a minor) without permission, unless there is an ongoing threat to the College community that requires police action. If a Complainant requests confidentiality, the College will try to maintain, but cannot guarantee confidentiality. In addition, Confidential Resources that would need permission from Complainant to share personal identifiable information are listed below. 

Other Internal Contacts:

Department of Public Safety:
East Classroom Complex, First Floor, Room 1100>
Phone: 3333 from campus phone or (505) 566-3263
Email Department of Public Safety

Internal Confidential Resources:

Students:
Advising and Counseling Center
Speak with Counselors Only
Educational Services Building, First Floor, Room 4106
Phone: (505) 566-3403
Advisingcenter@confianzacreativa.com

Employees:
Employee Assistance Program (EAP)
Well-Being Solutions
1-833-515-0771 (24/7/365 assistance)
TTY: 800-697-0353 (Telecommunication Device for the Deaf)
Well-Being Solutions EAP Website

 

External Confidential Resources:

Sexual Assault Services of Northwest New Mexico:
622 W. Maple Street
Farmington, New Mexico 87401
Phone: 1(866) 908-4700 *SAS Rape Crisis Hotline
(505) 326-4700; (505) 325-2805
Sexual Assault Services of Northwest New Mexico Website 

Family Crisis Center
(Respondent Assistance)
208 E. Apache
Farmington, New Mexico 87401
Phone: (505) 325-3549
Hotline (505) 564-9192; (888) 440-9192
Family Crisis Center Website 

Northern Navajo Medical Center
P.O. Box 160 Hwy 491 North
Shiprock, NM 87420
Phone: (505) 368-7301 Behavioral Health
IHS Behavioral Health Website

Desert View Counseling
6100 E. Main St
Farmington NM 87402
Phone: 505-326-7878; Crisis: 505-947-4471
Desert View Counseling Website 

Home for Women and Children
Post Office Box 1805
Shiprock, New Mexico 87420
Phone (505) 368-5124; (505) 368-5127
Home for Women and Children Website 

DNA Legal Services, Inc.
709 N. Butler Ave.
Farmington, New Mexico 87401
(505) 325-8886
DNA Legal Services Website 

New Mexico Children, Youth & Families Department
Phone: (505) 795-1645
New Mexico Children, Youth & Families Department Website

San Juan College is committed to providing a supportive learning and working environment and fostering safe, healthy relationships among our students, faculty and staff. As such, San Juan College and members of our community will not tolerate the offenses of dating violence, domestic violence, sexual assault, and stalking. This program is intended to help you learn more about these issues, as you play an important role in keeping our campus safe.

Online Training

The Title IX Office sends an email link to individuals to complete training.

Students

Completion of the Sexual Assault Prevention for Undergraduates is required for all incoming and transfer students.

Employees

Completion of the Harassment and Discrimination for Employees (Includes Title IX) is required for all employees on an annual basis.

Watch Video on YouTube 


Training Materials for Public Access based on 34 C.F.R. § 106.45(b)(10)(i)(D) to view only. Materials are not available to copy, share, or use.

ATIXA Civil Rights Investigator Training

Stacey Allen, Title IX Coordinator, Completed June 6 & 7, 2018

http://www.atixa.org/2020-regulations-requirement-posting-of-training-materials/


TrainED Solutions Training Provider

Click on the link below the training group to access the materials. In order to access the training materials, you will be asked to provide your name and email and to agree to an acknowledgement regarding the purpose of access to the materials. 

*Please note that the materials may not be viewable while using Internet Explorer. We recommend viewing with a different browser.

Title IX/VAWA Investigator Training  

Steven Carroll, Investigator, Completed July 28, 2020.

http://trainedsolutions.com/portfolio-item/072820-tix-invsttrng/


Title IX/VAWA Hearing Panel Training  

Arely Caro, Hearing Panel Member, Completed August 11, 2020

Byron Tsabetsaye, Hearing Panel Member, Completed August 11, 2020

Jennifer Hargrove, Hearing Panel Member, Completed August 11, 2020

Karen Krob, Hearing Panel Member, Completed August 11, 2020

Michael Zschach, Hearing Panel Member, Completed August 11, 2020

QinQin Schoser, Hearing Panel Member, Completed August 11, 2020

Tanisha Sam, Hearing Panel Member, Completed August 11, 2020

http://trainedsolutions.com/portfolio-item/august-11-title-ix-vawa-hearing-panel-training/

Title IX FAQs

Yes. Title IX prohibits harassing conduct that is of a sexual nature if it is unwelcome and denies or limits a student’s ability to participate in or benefit from a school’s program, regardless of whether the harassment is aimed at gay or lesbian students or is perpetrated by individuals of the same or opposite sex. Title IX does not permit discrimination or other issues related to sexual orientation.

Yes, it is unlawful to discriminate against SJC students because of their gender.

Yes, if you want formal action to be taken against the alleged respondent. No, if you choose to respond informally and do not file a formal complaint (but you should consult the complete confidentiality policy to better understand the college’s legal obligations depending on what information you share with different college officials).

The privacy of all parties to a complaint of misconduct must be strictly observed, except insofar as it interferes with the college’s obligation to fully investigate allegations of misconduct. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. Certain college administrators are informed on a confidential basis (e.g., the President of the College, Director of Public Safety, VP of Student Services). If the report is one of alleged sexual misconduct local police will be notified. This does not mean charges will be automatically filed or that a complainant must speak with the police, but the College is legally required to notify law enforcement authorities. Dissemination of any information to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the complainant or the alleged student may lead to conduct action by the College. In all complaints of sexual misconduct, the complainant will be informed of the outcome. The College also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.

Depending on the particular circumstances, discrimination, harassment or assault may include, but is not limited to, the following:

  • Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature.
  • Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or sexual conduct.
  • Retaliation for refusing sexual conduct such as: taking a negative employment action like termination, demotion, denial of an employee benefit or privilege, or change in working conditions, or negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual’s job or academic work more difficult.
  • The use or display in the classroom or workplace of electronic or hard copy pornographic or sexually harassing materials like posters, photos, cartoons or graffiti without pedagogical justification.
  • Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person’s sexuality or sexual experience. Such conduct creates a hostile and/or abusive educational or working environment.

Do not contact the complainant. You may immediately want to contact someone in the campus community who can act as an advisor. You may also contact the Title IX Coordinator, who can explain the college’s procedures for dealing with sexual misconduct complaints. You may also want to talk to a confidential counselor at the College counseling center.

Yes, if the incident has sufficient ties to SJC (locations, events, or circumstances where San Juan College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by the San Juan College), then SJC will investigate a formal complaint filed and provide resolution.

Sex discrimination includes not only sexual harassment and sexual assault, but any unequal treatment of a person based on that person’s gender. This prohibition covers any term or condition of employment, academic program, student activity or benefit provided by SJC. Conduct on the basis of sex or that is sexual that satisfies one or more of the following: 

  • Quid Pro Quo: An employee of the College, conditions the provision of an aid, benefit, or service of the College, on an individual’s participation in unwelcome sexual conduct. 
  • Sexual Harassment: Unwelcome conduct, determined by a reasonable person, to be so severe, and pervasive, and, objectively offensive, that it effectively denies a person equal access to the College’s education program or activity. 
  • Sexual assault, defined as: a) Sex Offenses, Forcible: Any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. b) Sex Offenses, Non-forcible sexual intercourse, including incest and statutory rape prohibited by New Mexico law. 

In determining whether the alleged conduct constitutes sexual harassment, consideration is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

No. Title IX addresses any discrimination based on gender. This includes sexual harassment, sexual assault and pregnancy discrimination as forms of sex/gender discrimination. This requires that all of these sorts of incidents, in programs, activities and employment at SJC, be viewed as discrimination and will be investigated.

Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964 was the first comprehensive federal law to prohibit gender-based discrimination against students and employees of educational institutions. It is one of several federal and state antidiscrimination laws that define and ensure equality in education. The regulations implementing Title IX, published in 1975, prohibit discrimination, exclusion, denial, limitation, or separation based on gender. Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

There are other laws that also protect students and employees from sex discrimination, including Title VII of the Civil Rights Act of 1964.

You should speak up. The best way to stop any kind of discrimination is to speak up. You can contact the Title IX Coordinator.

Title IX protects men and women, boys and girls, staff and students in any educational institution receiving federal funding. These include local school districts, colleges and universities, for-profit schools, libraries, and museums. Vocational rehabilitation agencies and education agencies of all 50 states, the District of Columbia, and U.S. territories and possessions are also included. Title IX covers private educational institutions that receive federal financial assistance.

There are several staff, faculty members and administrators at SJC trained to address complaints of sex discrimination. SJC’s Title IX Coordinator oversees compliance with all Title IX related matters, including the handling of complaints.

Whether you are the complainant or the alleged respondent, the College’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. College officials will directly inform parents when requested to do so by a student, in certain instances when health or safety emergencies exist, or if the college determines such communication is necessary. For those students under the age of 18 the College is required to contact their parents in the event their health, safety or well-being has been jeopardized while on College property.

Contact

allens@confianzacreativa.com
Phone: (505) 566-3515

Education Services Center, 2nd Floor,
Room 4236

Assistant Director of Human Resources