Harassment, Discrimination and Title IX

Athletics programs are considered educational programs and activities. There are three basic parts of Title IX as it applies to athletics: 

1. Participation: Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;
2. Scholarships: Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation;
3. Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provisions of: (a) equipment and supplies; (b) scheduling of games and practice times; (c) travel and daily allowance/per diem; (d) access to tutoring; (e) coaching, (f) locker rooms, practice and competitive facilities; (g) medical and training facilities and services; (h) housing and dining facilities and services; (i) publicity and promotions; (j) support services and (k) recruitment of student-athletes.

Although it is the application of Title IX to athletics that has gained the greatest public visibility, the law applies to every aspect of education. Title IX benefits everyone. The law requires educational institutions to maintain policies, practices, and programs that do not discriminate against anyone on the basis of sex or gender (including policies that prohibit sexual harassment which is a form of discrimination on the basis of sex).

Elimination of discrimination against women and girls has received more attention because females have historically faced greater gender restrictions and barriers in education.

Yes, pregnancy is a legally protected status under Title IX and other federal and state laws. Title IX prohibits discrimination against students, faculty or staff due to pregnancy or related medical conditions. To learn more or request an accommodation, contact the Lead Title IX Coordinator.

The following are typically Title IX concerns:

• Sexual harassment
• Sex or gender-based harassment or discrimination
• Sexual violence
• Gender-based stalking
• Relationship violence
• Pregnancy discrimination
• Sexual orientation harassment or discrimination
• Gender identity harassment or discrimination

Sometimes individuals are reluctant to report a concern because they aren’t sure if what they experienced is “bad enough” or is really a violation of law or policy. Individuals are encouraged to report any concern they have to the Lead Title IX Coordinator. If a concern doesn’t rise to the level of disciplinary action or an investigation, the College still may offer support, assistance, resources, and options. Reporting concerns assists the College’s ability to take appropriate action both for the well-being of the individual and for the RCC community, and to address patterns of behavior that could become systemic issues.

The responsibilities of the Lead Title IX Coordinator include:

• Ensuring RCC's compliance with Title IX and other applicable federal and state mandates concerning sex discrimination, gender-based harassment and sexual misconduct, including sexual assault, dating or domestic violence and stalking
• Tracking and monitoring incidents of sex discrimination, gender-based harassment and sexual misconduct
• Overseeing the investigation and resolution of all reports involving students, faculty, staff, vendors, and visitors
• Coordinating comprehensive training, education and prevention efforts campus-wide
• Conducting periodic reviews of campus climate and culture concerning sexual assault, gender-based harassment, and other forms of sexual misconduct
• Communicating with all members of the College community by providing information about how individuals may access their rights

The Lead Title IX Coordinator often refers students to the Counseling Center so the student can also discuss available college and community resources and campus procedures on a confidential basis. Employees are also often referred to utilize their Employee Assistance Plan (EAP) (access code: OEBB) services to access confidential support such as counseling as well. You do not need insurance for this program. Open to all RCC staff and faculty (except student employees).

The following person at RCC is designated as the Lead Title IX Coordinator:
Lucia Bartscher
Lead Title IX Coordinator
[email protected]
541-956-7124
Redwood Campus, L-Building Room 1
Table Rock Campus, A-Building Room 131

Any student, employee, or participant in any RCC educational program or RCC-sponsored activity (on or off campus) who has concerns about sex discrimination or sexual misconduct is encouraged to seek the assistance of the Lead Title IX coordinator.

Contact the Lead Title IX coordinator to:

• Get information about resources (private and confidential), supportive measures, and options for investigation and resolution under College processes;
• Share a disclosure, submit an incident report, file a complaint or make a report of sex discrimination including: sexual harassment, sexual assault, gender-based stalking, domestic violence, and sexual violence;
• Seek assistance regarding how to respond appropriately to a disclosure of sex discrimination; and
• Ask questions about the College's policies and procedures related to sexual harassment, sexual assault, gender-based stalking, domestic violence, and sexual violence.

RCC encourages all individuals to report any alleged or suspected violation of its sexual harassment, gender discrimination, and sexual misconduct policy to the Title IX Coordinator, and there are several options:

• Complete the online reporting form
• Email the Title IX Coordinator at [email protected] 
• Text or call the Title IX Coordinator at (541) 956-7124 (¡Hablo Español!)
• Visit the Title IX Coordinator on campus at the following locations:
  • Redwood Campus, L Bldg, Room 1
  • Table Rock Campus, A Bldg, Room 131

Institutions are responsible for complying with federal laws. The Office for Civil Rights (OCR) of the U.S. Department of Education enforces Title IX. OCR has the authority to develop policy on the regulations it enforces. Anyone may file an OCR complaint, and the identity of the party who files the complaint will be kept confidential.

RCC’s Board Policies and Administrative Procedures typically include definitions and terms that are used to address administrative complaints. These terms are different from criminal or civil law because processes at RCC are non-criminal (administrative). The application of certain terms (such as Complainant or Respondent) are also required to be used at RCC due to Federal law. While criminal law terminology is not interchangeable with RCC terms, there are slight parallels and we recognize the general public has greater familiarity with criminal law terms. The chart created below is provided to assist readers in understanding how terms at RCC may be applied.

Your safety is the priority. If you are a victim of sexual assault, these steps may help ensure your safety:

• Find a safe environment — anywhere away from the perpetrator.
• If you are at immediate risk, we recommend contacting the nearest law enforcement agency or simply calling 911. You can give the police as much or as little information as you wish. 
• If there is serious physical injury, it is recommended you go immediately to a hospital emergency room to be examined. You may also call law enforcement to ask about local advocacy centers if you would like advice and support and to clarify your options.
• If there is no serious physical injury, you may want to go to a medical center as soon as possible to be examined for sexually transmitted infections or pregnancy. 

You are not alone:

• Sexual assault can occur at any time, in many places, and to anyone.
• Most victims know their perpetrators. Stranger rape accounts for only 14% of rapes and sexual assaults.
• Remember, what happened to you is not your fault.

You are not going crazy:

• Sexual abuse survivors often second guess themselves. This does not mean you are going crazy. It is important to get professional help to assist in understanding these feelings.

Healing is possible:

• It’s normal to feel alone and powerless. Guilt, shame, and fear are common feelings.
• Recovery takes time, but there are a number of things that can help.
• Seek professional and personal support.

In the context of Title IX, consent typically refers to a verbal agreement to participate in sexual activity. This should take into consideration each individual’s agency, autonomy, choice and the power dynamic in each encounter. It is important to consider the factors that impact consent in our sexual encounters including traditional gender roles and religious beliefs; societal norms and applicable laws; literature and pop culture; and alcohol or drugs. So what does healthy consent look like? One example to help understand the concept is the FRIES model:

• F stands for Freely Given. Consent is a choice made without pressure, manipulation or under the influence of alcohol or drugs.
• R stands for Reversible. Anyone can change their mind about what they want to do at any time. Even if they’ve done it before.
• I stands for Informed. You can only consent to something if you understand what you’re getting into. For example, if someone says they’ll use a condom and then they don’t, that’s not full consent.
• E stands for Enthusiastic. As in the earlier example about prom night, when it comes to sex, you should only do stuff you want to do, not things you feel you’re expected to do.
• S stands for Specific. Agreeing to one thing, for example, a kiss, doesn’t mean you agree to other things, for example, intercourse.

The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct that violates any Board Policies and Administrative Procedures at RCC. And remember, a person’s appearance or style of dress should never be used as justification that they deserve to be victimized and should never be mistaken for consent.

For evidence collection to be most effective, sexual assault should be reported within 72 hours, but can be collected up to 120 hours (approximately 5 days) after an assault. Jackson County Sexual Assault Response Team (SART) provides free acute sexual assault exams (within 7 days of an assault) at all Jackson County hospitals and at Three Rivers hospital in Grants Pass. The victim does not need to file a police report in order to seek medical treatment for the collection of sexual assault evidence. It is the victim who will decide if they wish to pursue criminal charges.

Visit RAINN to learn more about sexual assault forensic exams (sometimes referred to as rape kits).

Both the Complainant and the Respondent have the right to:

• A prompt and impartial investigation;
• Have a Process Advisor of choice;
• Present evidence or have witnesses speak on their behalf;
• Receive the final decision in writing at the same time;
• Have the right to appeal a final decision;
• Learn and work in a safe environment;
• Access campus counseling (if a student);
• Access Employee Assistance Plan benefits (if an employee not including student employees).

In addition, the Complainant has a right to:

• Notify law enforcement of incidents and receive assistance from RCC in doing so;
• Decline to report the incident to law enforcement;
• Have RCC investigate their allegations under applicable administrative processes;
• Seek help from RCC in enforcing protective orders or similar lawful orders issued by criminal, civil, or tribal courts;
• Request supportive measures from RCC without filing an administrative complaint;
• File a complaint without fear of retaliation.

Yes, students and employees may contact the Lead Title IX Coordinator to discuss supportive measures. More information regarding supportive measures can be found on the Harassment, Discrimination and Title IX webpage.

Depending on the circumstances, a protective order may be an option. In Oregon, the following protection orders are available:

• Family Abuse Prevention Act (FAPA) Restraining Order 
• Stalking Protection Order 
• Sexual Abuse Protective Order 
• Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order 

Visit our Title IX Advocacy and Resources page to learn more about local agencies that can help you understand your options.

Confidentiality is a legally mandated protection given to counselors, clergy, attorneys, victims’ advocates and doctors working within their field. When something is confidential it may not be shared without explicit permission.  Private information only is shared with individuals who need to know in order to provide resources, conduct College risk assessment, or track patterns.

While a conversation with any College employee will be kept private, only a conversation with a confidential resource can be kept confidential. Unless explicitly stated, all RCC employees - except licensed counselors - are not confidential and have an obligation to report disclosures of incidents that may fall under Title IX to the Lead Title IX Coordinator.

Title IX Investigators conduct administrative (non-criminal) investigations into allegations of sex discrimination, including all forms of sexual harassment and sexual violence that fall under Title IX by utilizing RCC’s Board Policies and Administrative Procedures. Additionally, the Title IX Investigator may consult with the Lead Title IX Coordinator so that parties can access institutional supportive measures or remedies and help parties understand complaint procedures and available resources. Title IX Advocacy and Resources page to learn more about local agencies that can help you understand your options.

The purpose of the meeting with a Title IX Investigator is for the Investigator to hear the individual’s perspective. Although individuals involved in an administrative process have an opportunity to bring a Process Advisor to conduct meetings (including hearings), the advisor’s role is to provide support and counsel. Examples of Process Advisors that may attend include: a parent, an attorney, a staff member, a faculty member, a friend, or a victim/witness advocate.  If a Complainant or Respondent does not have a Process Advisor, RCC will provide the individual a Process Advisor.

RCC is primarily concerned with the well-being of all community members. RCC does not typically create administrative reports against individuals who disclose alcohol violations during the course of reporting incidents of discrimination or harassment (including sexual harassment), or while serving as a witness in an investigation related to potential misconduct. No person should be dissuaded from reporting, or providing information related to reports disclosed to RCC for fear of disciplinary action related to alcohol consumption.

The annual Campus Safety and Security report is published to provide information including crime statistics and policies and procedures concerning alcohol, drugs, sexual assault and general safety on or around RCC campuses. The report can be accessed from Campus Security with Risk Management.

Often people do not intervene if another person is in need of help because they may assume the situation is not a problem, or feel it is none of their business. They may assume that someone else will do something, or believe that other people were not bothered by the problem. In some cases, a person might feel their personal safety would be at risk if they were to intervene. When people do intervene in a situation, they often say that it was the right thing to do, and that they would want someone to intervene if the roles were reversed.

Taking the time to safely intervene can make a significant difference in someone’s life. It also helps send a powerful message to the perpetrator and society about what social norms are acceptable and unacceptable. The goal is to safely stop bad behavior before it crosses the line.

Suggestions of ways to intervene:

• Call 911
• Indirectly by distracting the aggressor
• Speak to the aggressor directly
• Seek others to engage
• Suddenly turn on the lights at a party
• Turn off the music
• Text your friend to check in and see if they’re ok with the situation
• Have a conversation beforehand, agreeing upon secret “cues” that will let your friend know that it’s time to go
• Use humor. In some situations, humor can be a really useful tool to defuse a situation because it can be perceived by the aggressor as less threatening than direct confrontation

Take personal safety into consideration when intervening.

RCC will not sanction a Respondent unless it determines the Respondent was responsible for the alleged misconduct at the conclusion of the grievance process.

Possible disciplinary sanctions for student Respondents include written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion. This list is not exhaustive.