Title IX

About Title IX

The Marin Community College District (“District”) is committed to fostering a safe environment for its students, faculty and staff. Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits discrimination on the basis of sex in educational programs and activities which receive Federal financial assistance. Discrimination on the basis of sex can include sexual harassment or sexual violence. Title IX protects all participants in the District’s educational programs and activities, including students and employees. 

In addition to Title IX, the California Education Code, other state and federal laws, and the District policies and procedures also prohibit discrimination and ensure equity in education.

Title IX information provided here applies to both the Kentfield and Indian Valley Campuses, and to all of the District’s programs and activities.

 

Know Your Rights

COM has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence.  If COM knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects.  COM must resolve complaints of sex discrimination promptly and equitably.

Learn more about your rights under Title IX:

Review related COM Board Policies and Administrative Procedures:

  • Board Policy 3410 Nondiscrimination
  • Administrative Procedure 3410 Nondiscrimination
  • Board Policy 3430 Prohibition of Harassment
  • Administrative Procedure 3430 Prohibition of Harassment
  • Administrative Procedure 3435 Discrimination and Harassment Complaint Procedures
  • Board Policy 3540 Sexual and Other Assaults on Campus
  • Administrative Procedure 3540 Sexual and Other Assaults on Campus
  • Board Policy 5500 Standards of Student Conduct

Board Policies and Administrative Procedures can be found at Policies & Procedures.

 

Title IX Coordinator

The District has a Title IX Coordinator who oversees the District’s compliance with Title IX requirements and promotes sex equity in the District’s programs.  Contact the District’s Title IX Coordinator if you have any questions or would like to file a complaint:

Nekoda Harris, Title IX Coordinator, Director of Human Resources
Building 11, 2nd Floor, Indian Valley Campus
Novato, CA 94949
(415) 485-9520
nharris@marin.edu

 

Filing a Complaint of Sex Discrimination

The District encourages any individual who believes he or she has been the victim of harassment, discrimination, or retaliation, or who believes that another has been the victim of harassment, discrimination, or retaliation, to file an Informal or Formal Complaint under the District’s Administrative Procedure 3435.

  • An Informal Complaint is: Any of the following: (1) An unwritten allegation of Harassment, Discrimination, or Retaliation; (2) a written allegation of Harassment, Discrimination, or Retaliation that falls outside the timelines for a Formal Complaint; or (3) a written complaint alleging Harassment, Discrimination, or Retaliation filed by an individual who expressly indicates that he or she does not want to file a Formal Complaint.
  • A Formal Complaint is: A written and signed statement filed with the District or the State Chancellor’s office that alleges Harassment, Discrimination, or Retaliation in violation of the nondiscrimination regulations adopted by the Board of Governors of the California Community Colleges, as set forth at title 5, sections 59300 et seq.

The timelines under which a Formal Complaint must be filed are set forth in Administrative Procedure 3435. Formal Complaints about employment matters must be filed within 180 days and complaints that are not employment matters must be filed within one year. After this time, a complaint may be processed as an Informal Complaint. To enable the District’s prompt and effective action in addressing concerns, the District strongly encourages the filing of Informal and Formal Complaints within 30 days of the alleged incident or as soon as possible within the timelines under Administrative Procedure 3435. While all Informal and Formal Complaints are taken seriously and will be investigated promptly, delay in filing impedes the District’s ability to investigate and take remediating action.

If you would like to file an Informal or Formal Complaint, please review Administrative Procedure 3435 carefully to ensure you follow the required steps. Administrative Procedure 3435 is available at Administrative Procedure 3435 Discrimination and Harassment Investigations and in the Human Resources Department. If you need assistance submitting a complaint, please contact the Title IX Coordinator.

 

Filing a Complaint with Other Agencies

You may also file a complaint/report with other agencies:

  1. Law enforcement (see below):
    • Students and employees who are victims of sexual violence are encouraged to report crimes to the College of Marin Police (415) 485-9696 or other law enforcement, but are not required to do so. Retaliation is strictly prohibited against anyone who reports a crime and if retaliation occurs it will be immediately addressed.
    • For more information on how to file a report with the College of Marin Police, as well as information on resources, please go to: Reporting Options and Assistance for Victims of Sexual Assaults, and Community ResourcesThe State Chancellor’s Office of the California Community Colleges.
  2. The State Chancellor’s Office of the California Community Colleges

  3. The United States Department of Education, Office for Civil Rights (“OCR”) if the complaint is not based on employment.

San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102

Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339

Email: ocr.sanfrancisco@ed.gov

4. The United States Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing if the complaint is based on employment.

What will the District do upon receiving a report of sex-based discrimination?

  • Upon receiving a report of sex-based discrimination, including sexual harassment or sexual violence, the District will take appropriate action to investigate and determine what occurred. If sex-based discrimination has occurred, the District will take prompt and effective steps to end it, prevent its recurrence, and address its effects.

 

Frequently Asked Questions

  1. What is sexual harassment?
    • A particular form of Harassment that is either sexual in nature (“sexual harassment”) or motivated by gender (“gender-based harassment”). Sexual harassment may include unwelcome sexual advances, requests for sexual favors, sexual favoritism, sexual violence, other verbal or physical conduct, or communications of a sexual nature. Gender-based harassment may include negative stereotyping, or other harassing conduct (such as name‐calling, graphic or written statements, physical threats, or humiliating conduct) based on sex or gender/gender identity made by someone from or in the workplace or educational setting.
       
  2. What is sexual violence?
    • Any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault, or stalking as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District facilities or at another location, or on an off‐campus site or facility maintained by the District or on grounds or facilities maintained by a student organization, is a violation of Board policies and administrative procedures and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures.
       
  3. What is stalking?
    • “Stalking” means engaging in a course of conduct or repeated conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.
       
  4. What is dating violence?
    • “Dating Violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a romantic or intimate relationship will be determined based on the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
       
  5. What is domestic violence?
    • “Domestic violence” includes felony or misdemeanor crimes of violence committed by:
      • a current or former spouse of the victim;
      •  a person with whom the victim shares a child in common;
      •  person who is cohabitating with or has cohabitated with the victim as a spouse;
      • a person similarly situated to a spouse of the victim under California law; or
      • any other person against an adult or youth victim who is protected from that person’s acts under California law.
         
  6. What is affirmative consent?
    • “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. If affirmative consent is withdrawn, the sexual activity must immediately stop.
       
  7. What school activities are covered?
    • Title IX covers any and all academic, educational, extracurricular, athletic, and other District programs, whether they are held on-campus or off-campus.
       
  8. What if law enforcement is involved?
    • District’s Title IX obligations are separate from any law enforcement obligation. A person could choose to file a police report, a complaint with the District, or both. Even if a person files a police report, the District must independently investigate allegations raised in a complaint filed with the District.
       
  9. What if the reporting party bringing a complaint request confidentiality or anonymity?
    • If the reporting party requests confidentiality or asks that a complaint not be pursued, District personnel will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. However, it is the obligation of the District to provide a safe and nondiscriminatory environment. The District cannot guarantee absolute confidentiality because release of some information on an “need-to-know basis” is essential to a thorough investigation and to protect the rights of respondent students and employees during the investigation and any ensuing discipline.
      • Center for Domestic Peace (C4DP)
        734 A Street
        San Rafael, CA 94901-3923

        24 Hour Hotline
        English
        (415) 924-6616

        Spanish
        Linea de apogo en espanol
        (415) 924-3456

  10. How do I get more information?
    • For more information regarding Title IX and sex equity in education or in District employment, please contact the Title IX Coordinator.

 

Educational/Outreach Resources

National Sexual Violence Resource Center
RAINN (Rape, Abuse & Incest National Network)
Love Is Respect
Green Dot
Coaching Boys Into Men
No More Violence
Safe Dates
One Love

Additional Resources

Senate Bill (SB) 967 (Amends California Education Code Section 67386)
Title IX, US Department of Education, Office of Civil Rights
Violence Against Women Act (VAWA)
California Department of Justice, Attorney General Civil Rights Enforcement Section
Campus SAVE Act
California Attorney General
Calcasa - California Coalition Against Sexual Assault
PreventConnect
Clery Center Policy Resources