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:

1. San Juan College does not discriminate on the basis of sex or gender in any educational programs and activities on campus. Title IX of the Education Amendment of 1972 to the Civil Rights Act of 1964 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.

2. Title IX prohibits all of the following actions at San Juan College:

a. Sexual misconduct, including sexual violence, dating violence, domestic violence, and stalking;

b. Discrimination based on sex or gender;

c. Sexual harassment;

d. 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.

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 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).

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 enforce criminal statutes.

4. 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 respondent knew or should have known that the complainant 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.

5. 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:

a. Those with authority to address and remedy sex-based discrimination and harassment; and/or

b. Those with responsibility to report sexual misconduct to a supervisor and the EEO/Title IX Coordinator; and/or

c. 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.

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

a. Does San Juan College have control over the harasser (are they subject to our rules); and

b. 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)?

7. 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.

Local Resources

EEO Officer/Title IX Coordinator
Educational Services Building, Second Floor, Room 4236
Phone: (505) 566-3515
allens@sanjuancollege.edu

Department of Public Safety
East Classroom Complex, First Floor, Room 1100
Phone: (505) 215-3091 SJC
On-Duty Security Officer or Emergency line (505) 566-3333
dps@sanjuancollege.edu

Advising and Counseling Center
Educational Services Building, First Floor, Room 4106
Phone: (505) 566-3403
advisingcenter@sanjuancollege.edu

Behavior Intervention Team (BIT)
Call Report line at (505) 566-3020
Report Online at www.sanjuancollege.edu/bit

Farmington Police Department
900 Municipal Drive
Farmington, New Mexico 87401
Phone: 911 or (505) 334-6622

Sexual Assault Services of Northwest New Mexico
622 W. Maple St.
Farmington, New Mexico 87401
Office: (505) 325-2805
24-Crisis Hotline: (866) 908-4700; (505) 326-4700
www.sasnwnm.org

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.

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.