FAQs for Title IX

Under Board Policies and Administrative Procedures,

Please see Board Policy and Administrative Procedures 3430;

Please see Board Policy and Administrative Procedures 3540;

Please see Board Policy and Administrative Procedures 3433;

Standards of Conduct; and

Please see Board Policy and Administrative Procedures 5500.

1. If the respondent is affiliated (for example, student, staff, or faculty) with Barstow Community College, you can pursue disciplinary measures through the institution.
    
2. Regardless of the respondent’s affiliation with Barstow Community College, you can always report incidents of sexual harassment or misconduct that might constitute a crime under California and/or federal law to law enforcement.
    
3. A reporting party can determine whether they want to report to either Barstow Community College, law enforcement, or both. Law enforcement and Barstow Community College proceedings can occur simultaneously.
    
4. Barstow Community College encourages all students, staff, and faculty members to use all reporting mechanisms and judicial avenues available.
    
5. Barstow Community College can assist a reporting party with making a report to law enforcement agencies and will cooperate with them as well.

1. The institution only has jurisdiction over individuals affiliated with Barstow Community College. We cannot take judicial action against someone not affiliated with our college.
    
2. The Title IX Office can support you by providing supportive measures and information about your rights, resources, and reporting options.
    
3. The Title IX Office can assist you with reporting to law enforcement and another college/university if the respondent is affiliated with another school.

1.  Information reported to the Title IX staff is “private.”  “Private” means that only individuals who need information about your report to support you and/or to investigate and adjudicate the situation will be informed.
    
2. Barstow Community College also has confidential resources for students and employees.  A confidential resource is someone who is not required to share information about your situation with the Title IX Coordinator. Confidential resources can provide counseling and support.
    
3. Students who are interested in speaking with confidential resources should contact:
   • The Mindful Space
      
4. Staff, administrators/management, and faculty interested in speaking with confidential resources should contact Human Resources to obtain further information about the Employee Assistance Program (EAP).

1. Under California law, confidentiality means that information shared with confidential individuals will not be shared with others or used in court. Confidential individuals cannot be subpoenaed to testify against a reporting party in a court proceeding.
    
2. Confidentiality is generally provided to individuals in psychological/counseling settings, victim advocates, attorneys/lawyers, and religious/spiritual advisors.
    
3. Barstow Community College is committed to creating an environment that encourages students, staff, faculty, and affiliates to come forward if they have experienced any form of misconduct. The College will safeguard the identities of individuals who seek assistance or report misconduct. Information will only be shared with individuals on a “need to know basis” as required to support the impacted individual and/or investigate and adjudicate the incident. This is considered privacy.
    
4. Barstow Community College employees cannot offer confidentially except for medical professionals, mental health providers, and the victim advocate while acting in those roles.

1. If you want to engage in the formal sexual harassment resolution process outlined in our Board Policies and Administrative Procedures, you must provide the name of the respondent. The process begins with the submission of a Title IX Grievance Form. The formal process is the only way to pursue judicial action.
    
2. If you are not interested in a formal resolution process and/or only want supportive measures, you do not need to provide the respondent’s identifying information.

1. If you file a Title IX Grievance Form, the Title IX Coordinator must assess the report for jurisdiction and either accept or dismiss the complaint. Upon either acceptance or dismissal of a formal complaint, both/all parties will be informed that a formal complaint was filed and the Title IX Coordinator’s rationale for acceptance or dismissal.
    
2. Respondents facing judicial ramifications have a right to know who reported misconduct and what the allegations were so they can meaningfully respond.
    
3. If you do not wish to provide the name of the Respondent, disciplinary action cannot be taken. However, you are still entitled to supportive measures.

1. It is a violation of the institution’s policy to retaliate in any way against an individual or a group because the individual or group reported an allegation of sexual or protected class misconduct.
    
2. Similarly, individuals who choose not to participate in an investigatory process or withdraw their participation, cannot be retaliated against.
    
3. The institution recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that the Respondent can also be the subject of retaliation by a Reporting Party or a third party. Barstow Community College will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate. An individual reporting sexual harassment or misconduct is entitled to protection from any form of retaliation following a report made in good faith, even if the report is later not proven.
    
4. All concerns regarding retaliation should be brought to the attention of the Title IX Coordinator immediately.

It is never acceptable to force, coerce, or threaten someone into engaging in sexual activity, even if they are in a relationship. Just because you have been intimate with someone in the past does not automatically mean you give consent for any and all future sexual activity.

1. BCC’s relationship is with you, the student. Per the Family Educational Rights and Privacy Act (FERPA), BCC cannot disclose any information about you or your student record to anyone, including a parent.
    
2. Students are encouraged to inform their parents/guardians/support network of major medical, disciplinary, or academic concerns.
    
3. Barstow Community College will only contact a parent at the written request of a student in instances where health or safety emergencies exist or if the College determines such communication is necessary.

1. The Title IX Coordinator provides supportive measures, including academic accommodations for all parties. If you need assistance, please contact the Title IX Coordinator.
    
2. Academic accommodations can include schedule modifications, switching courses, extensions on exams/assignments, etc. The Title IX Coordinator will meet with the party to determine what reasonable accommodation is given the situation.

The institution’s primary concern is the health and safety of our students. When investigating of an alleged sexual assault, the college’s focus will be on addressing the sexual assault and the policy violations that may be discovered or disclosed. However, Barstow Community College may provide counseling referrals or require other educational options.

1. Individuals can access a wide range of supportive measures when they report an incident of sexual or protected class misconduct.
    
2. Reasonable supportive measures are available to all parties.
    
3. Examples of supportive measures can include academic accommodations (for instance, an extension on an assignment), a no-contact directive, referrals, emergency housing, etc. The goal of supportive measures is to ensure that all parties are able to continue participating in educational programs and activities.

1. Individuals do not need to file a formal complaint or participate in a formal resolution process to receive supportive measures.
    
2. Supportive measures are available to all parties, free of charge.

Contact Barstow Community College’s Title IX Coordinator.