TITLE IX

San Juan College is in agreement with and dedicated to providing equal employment and educational opportunities without regard to 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.

Gender-based harassment or violence 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-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

Assistant Director of Human Resources/Equity, Diversity and Inclusion Officer

Educational Services Center Building, 2nd Floor
Human Resources, Room 4243
(505) 566-3515
allens@sanjuancollege.edu

 

The Title IX Coordinator oversees all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. The Title IX Coordinator is the central source of Title IX knowledge on the campus, and is responsible for the design and implementation of education around Title IX for San Juan College.

WHAT DOES TITLE IX COVER?

SEXUAL HARASSMENT

Unwelcome sexual advances, requests for sexual favors, and other non-verbal, verbal or physical conduct of a sexual or gender bias nature, constitutes a violation of policy when:

  • Hostile Environment
    • Such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or offensive environment in which to work or learn.
  • Quid Pro Quo is a person’s…
    • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;
    • Submission to or rejection of the conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity; or
  • Retaliation
    • Any adverse reaction taken against a person for alleging harassment, supporting a party bringing a complaint, or for assisting in providing information relevant to a claim of harassment. It includes, but is not limited to, intimidation, threats, coercion, or discriminatory actions. Retaliatory behavior will be investigated immediately and separately. It is a serious violation and may result removal from the College.

 

SEXUAL VIOLENCE/MISCONDUCT

Sexual violence or Sexual Misconduct may consist of any of the following acts:

  • Dating violence:

    someone with whom a person has a dating or intimate relationship is considered to be a household member (same definition as set forth above for Domestic Violence). Any of the felony and misdemeanor crimes enumerated as domestic violence in the Crimes Against Household Members Act are also crimes when committed against someone with whom the offender has a dating or intimate relationship.

  • Domestic abuse:

    is an incident of threatening or assaulting a household member resulting in a belief that they are in danger of battery or actual physical harm, whether great or temporary. The definition for Domestic Abuse of household member is the same as set forth above for Domestic violence.

  • Domestic violence:

    assault, aggravated assault, assault with intent to commit a violent felony, battery and aggravated battery. A “household member” is a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, a co-parent of a child or person with whom someone has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member. It is a state law violation of a court-issued order of protection granted to protect an individual who has experienced sexual violence or misconduct or domestic abuse is a misdemeanor crime.

  • Non-consensual oral sex:

    non-consensual contact between one person’s mouth and the genitals or anus of another person.

  • Rape/sexual assault:

    non-consensual sexual intercourse (either vaginal or anal) with a penis, vagina, tongue, finger or any object.

  • Sexual contact/battery:

    non-consensual intentional touching, kissing or fondling another person’s unclothed intimate parts (groin, buttocks, anus or breast); or forcing someone to touch another’s unclothed intimate parts (groin, buttocks, anus or breast).

  • Sexual exploitation:

    taking sexual advantage of another person without consent, including, without limitation, indecent exposure, voyeurism, non-consensual recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate parts of another person; and/or allowing third parties to observe private sexual acts.

  • Stalking:

    is defined as knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual or which causes a reasonable person to fear for their safety or the safety of a household member. “Aggravated stalking” consists of stalking perpetrated by a person who knowingly violates a permanent or temporary order of protection, or when the person possesses a deadly weapon or when the victim is under sixteen years of age.

HOW TO REPORT

Reporting Party/Responding Party

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

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@sanjuancollege.edu

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 Reporting Party’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. 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.

POLICY

San Juan College does not discriminate on the basis of race, color, religion, sex, national origin, disability, age, genetics, or veterans’ status, or on the basis of any other category protected under federal or state law, in regard to admissions, employment, programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policy of San Juan College:

Stacey Allen
Assistant Director of Human Resources and Title IX Coordinator
Education Services Center, Second Floor, Room 4236
San Juan College
4601 College Boulevard
Farmington, New Mexico 87402
Office: (505) 566-3515
Fax: (505) 566 3251
Email: allens@sanjuancollege.edu

 

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.

Title IX Notice and Policies:

  • 1. Title IX Notice:

    San Juan College does not discriminate on the basis of race, color, national origin, sex, gender identity, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.  The following person has been designated to handle inquiries regarding the non-discrimination policies:

    The Assistant Director of Human Resources has been designated as the Equal Employment and Opportunity Officer and Title IX Coordinator (“EEOO/Title IX Coordinator”) for San Juan College. The office is located on the Main Campus in the Educational Services Building, second floor, Room 4236. The EEOO/Title IX Coordinator can be reached directly at the following telephone number: (505) 566-3515 or allens@sanjuancollege.edu.

  • 2. Title IX prohibits all of the following actions at San Juan College:
    1. Sexual misconduct, including sexual violence, dating violence, domestic violence, and stalking;
    2. Discrimination based on sex, gender, or gender identity;
    3. Sexual harassment;
    4. Any retaliation for making or asserting a claim or complaint for discrimination or harassment based on sex or gender under Title IX, the Violence Against Women Act, or Title VII of the Civil Rights Act of 1964.
  • 3. Definitions of Sexual Violence and Sexual Misconduct:

    Sexual violence refers to physical sexual acts perpetrated with force or coercion against a person’s will, or where a person has not given consent as defined in this policy, or where a person is unable to consent due to his or her use of alcohol or drugs, or disability or age. Sexual violence is a crime.

    Sexual misconduct incorporates a range of behaviors, including sexual assault, sexual harassment, intimate partner violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual, or has the purpose or effect of threatening, intimidating, or coercing a person.

    Prohibited actions include, but are not limited to:

    • a. Rape/sexual assault:

      non-consensual sexual intercourse (either vaginal or anal) with a penis, vagina, tongue, finger or any object. See § 30‑9‑11 NMSA (1978).

    • b. Non-consensual oral sex:

      non-consensual contact between one person’s mouth and the genitals or anus of another person. See § 30‑9‑11 NMSA (1978).

    • c. Sexual contact/battery:

      non-consensual intentional touching, kissing or fondling another person’s unclothed intimate parts (groin, buttocks, anus or breast); or forcing someone to touch another’s unclothed intimate parts (groin, buttocks, anus or breast). See § 30‑9‑12 NMSA (1978).

    • d. Sexual exploitation:

      taking sexual advantage of another person without consent, including, without limitation, indecent exposure, voyeurism, non-consensual recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate parts of another person; and/or allowing third parties to observe private sexual acts. See §§ 30‑9‑14, 30‑9‑14.3, and 30‑9‑20 NMSA (1978).

    • e. Domestic violence:

      under New Mexico law, domestic violence can be a felony or a misdemeanor crime. Crimes included under the Act are assault, aggravated assault, assault with intent to commit a violent felony, battery and aggravated battery. A “household member” is a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, a co-parent of a child or person with whom someone has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member. In addition, under state law, violation of a court-issued order of protection granted to protect an individual who has experienced sexual violence or misconduct or domestic abuse is a misdemeanor crime. See § 30‑3‑10 et seq. NMSA (1978) (Crimes Against Household Members Act).

    • f. Domestic abuse:

      under New Mexico law, “domestic abuse” is an incident of threatening or assaulting a household member resulting in a belief that they are in danger of battery or actual physical harm, whether great or temporary. The definition for Domestic Abuse of household member is the same as set forth above for Domestic violence. Violation of any provision of an order of protection issued under the Family Violence Protection Act is a misdemeanor crime and constitutes contempt of court and may result in a fine or imprisonment or both. See § 30‑3‑10 et seq. NMSA (1978) (Crimes Against Household Members Act).

    • g. Dating Violence:

      Under New Mexico state law, someone with whom a person has a dating or intimate relationship is considered to be a household member (see definition in subpart “e” above). Any of the felony and misdemeanor crimes enumerated as domestic violence in the Crimes Against Household Members Act are also crimes when committed against someone with whom the offender has a dating or intimate relationship. See § 30‑3‑10 et seq. NMSA (1978) (Crimes Against Household Members Act).

    • h. Stalking:

      Under New Mexico law, “stalking” is defined as knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual or which causes a reasonable person to fear for their safety or the safety of a household member. “Aggravated stalking” consists of stalking perpetrated by a person who knowingly violates a permanent or temporary order of protection, or when the person possesses a deadly weapon or when the victim is under sixteen years of age. See § 30‑3A‑1 et seq. NMSA (1978) (Harassment and Stalking Act).

     

  • 4. Reporting Crimes Involving Sexual Violence or Misconduct:

    While San Juan College has a Public Safety Department, crimes that occur on campus are referred to the Farmington Police Department or the law enforcement agency where the College activity occurs. San Juan College will investigate and respond to claims under College policy, but the College does not have authority to enforce criminal statutes.

  • 5. Definition of Consent to Engage in Sexual Activity (Yes Means Yes):

    Consent is an affirmative, informed, and conscious decision to willingly engage in mutually acceptable sexual activity. Consent requires a clear affirmative act or statement by each participant to each sexual act in a sexual interaction. Consent demonstrates that the conduct in question is welcome or wanted. Relying solely on non-verbal communication can lead to miscommunication about one’s intent. Confusion or ambiguity may arise at any time during a sexual interaction. Therefore, it is essential that each participant makes clear his or her willingness to continue at each progression of the sexual interaction.

    Sexual activity will be considered “without consent” if no clear act or statement is given. Consent may not be inferred from silence, passivity or lack of active response alone. A person who is asleep, unconscious or otherwise unaware of what is happening is unable to give consent. Furthermore, a current or past dating or sexual relationship is not sufficient to constitute consent in every instance, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. It is the responsibility of the person initiating the sexual activity to obtain consent from his or her partner. Being intoxicated or under the influence of other drugs does not diminish one’s responsibility to obtain consent.

    The use of alcohol or drugs can limit or prevent a person’s ability to freely and clearly give consent. If a person is under the influence of alcohol or drugs to the extent that he or she is unable to give meaningful consent or does not understand the fact, nature or extent of the sexual situation, there can be no consent. Intoxication alone, however, does not mean a person is incapable of consenting to sexual activity. The EEO/Title IX Coordinator’s investigation will examine the record for other behavior like stumbling or otherwise exhibiting loss of equilibrium; slurred speech or word confusion; bloodshot, glassy or unfocused dyes; vomiting, especially repeatedly; being disoriented, or confused as to time, place, etc.; and/or loss of consciousness. Should the preponderance of the evidence in the record demonstrate that one or more such behaviors were objectively apparent at the time the alleged unconsented-to- or unwelcomed sexual activity occurred, then the evidence may demonstrate that the responding party knew or should have known that the reporting party was incapable of giving meaningful consent to sexual activity due to intoxication. If the person initiating the sexual activity is also under the influence of alcohol or other drugs, that does not diminish his or her responsibility to obtain consent, and is not a defense to charges of violation of this policy. Because it may be difficult to discern whether one’s sexual partner is incapacitated, students are strongly encouraged to err on the side of caution; e.g. when in doubt, if you and/or your partner have consumed alcohol and/or other drugs, assume that the other person is incapacitated and therefore unable to give consent to sexual activity.

    In addition to alcohol or other drugs, if a person’s mental, physical or psychological disability (temporary or permanent) or age impairs his or her ability to make an informed decision to willingly engage in sexual activity, there can be no consent. Examples include, but are not limited to, when an individual is incapacitated, scared, physically forced, intimidated, coerced, mentally or physically impaired, passed out, threatened, isolated or confined.

     

    Persons under the age of eighteen (18) are not legally able to consent to engage in any form of sexual activity in New Mexico and are considered to be minors.

  • 6. Title IX Reports:

    Title IX applies to and protects the men, women, boys, girls, staff, faculty, and students at San Juan College. Title IX requires reporting of Title IX violations from “responsible employees” for which purposes of Title IX are defined to include:

    1. Those with authority to address and remedy sex-based discrimination and harassment; and/or
    2. Those with responsibility to report sexual misconduct to a supervisor and the EEOO/Title IX Coordinator; and/or
    3. Those who a student would responsibly believe have such authority or obligation.

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

  • 7. Harassing Speech:

    In cases involving harassing speech, assessing Title IX applicability to off-campus behavior will require a two-prong test:

    1. Does San Juan College have control over the harasser (are they subject to our rules); and
    2. Does San Juan College have control over the context of the harassment (did the harassment occur on our property, in our programs, on land we lease or control, or at events we sponsor)?
  • 8. Off-Campus Jurisdiction:

    San Juan College reserves the option to take off-campus Title IX jurisdiction in cases involving sexual violence, sexual assault, or rape that involve students or employees.

  • 9. Questions or Inquiries:

    All inquiries concerning the application and operation of Title IX at San Juan College may be referred to the EEOO/Title IX Coordinator or the Office of Civil Rights of the United States Department of Education http://www2.ed.gov/about/offices/list/ocr/index.html. The EEOO/Title IX coordinator is located in the Educational Services Building on the second floor, room 4236 in the Human Resources Office. The phone number is (505) 566-3515. The email address is allens@sanjuancollege.edu.

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;
  • 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;
  • 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.

FAQ

  • Are gay and lesbian students protected from gender-based harassment?

    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.

  • As a student at San Juan College, am I protected from sex discrimination?

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

  • Do I have to name the alleged respondent?

    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).

  • If an incident of sexual violence occurs off campus, can the college investigate?

    Yes, if the incident has sufficient ties to SJC (if it occurs at an SJC event, if it involves a SJC student, staff member or faculty member, etc.) then SJC MUST investigate and provide resolution.

  • If I file a complaint does it remain confidential?

    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.

  • Is it possible to be sexually harassed or assaulted by someone of the same gender?

    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.

  • Isn’t Title IX just about athletics?

    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, whether they occur on campus or not, be viewed as discrimination and MUST be investigated.

  • What are some examples of gender-based discrimination, sexual harassment, and sexual assault?

    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.
  • What do I do if I am accused of gender-based discrimination?

    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.

  • What is sex discrimination? How is it defined?

    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 service, activity, benefit or opportunity provided by SJC. Sexual harassment is any unwelcome conduct of a sexual nature that denies or limits a student’s ability to participate in or benefit from a school’s education program when:

    • Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any College activity;
    • Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual;
    • Such conduct is sufficiently serious that it interferes with or limits an individual’s ability to participate in or benefit from the employment or educational environment.

    In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record as a whole and to the totality of circumstances, including the nature and frequency of the conduct and the context in which the alleged incidents occurred.

  • What is Title IX?

    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.

  • What should I do if I think I have been discriminated against?

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

  • Who is protected under Title IX?

    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.

  • Whom do I tell?

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

    Stacey Allen, Assistant Director of Human Resources, Title IX Coordinator, 505-566-3515, allens@sanjuancollege.edu

    Marti Kirchmer, Director San Juan College East Campus, Lead Title IX Investigator, 505 334 3831 x 201,kirchmerm@sanjuancollege.edu

    Kelly Anderson, Department of Public Saftey, andersonk@sanjuancollege.edu

  • Will my parents be told?

    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.

SEXUAL MISCONDUCT 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 Reporting Party requests confidentiality, the College will try to maintain, but cannot guarantee confidentiality. In addition, Confidential Resources that would need permission from Reporting Party 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
Behavior Intervention Team (BIT)
Call Report line at (505) 566-3020
Report Online at San Juan College Behavioral Intervention Team or BIT

 


Internal Confidential Resources:

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

Employee Assistance Program (EAP)
The Solutions Group
1-855-231-7737 (24/7/365 assistance)
Employee Assistance Program 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

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
(Responding Party Assistance)
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

TRAINING/AWARENESS AND PREVENTION ACTIVITIES

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.