Wash. Admin. Code § 132I-300-010

Current through Register Vol. 24-23, December 1, 2024
Section 132I-300-010 - Statement of policy
(1) Highline College recognizes its responsibility to investigate, resolve, implement corrective measures, and monitor the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of sex, as required by Title IX of the Educational Amendments Act of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Reauthorization Act, and Washington state's law against discrimination, and their implementing regulations. To this end, High-line College has enacted and adopted the Title IX grievance procedure for receiving and investigating sexual harassment allegations arising during education programs and activities. Any individual found responsible for violating Highline College's Title IX policy is subject to disciplinary action up to and including dismissal from the Highline College educational programs and activities and/or termination of employment.
(2) Application of this Title IX grievance procedure WAC 132I-300-020 is restricted to allegations of "sexual harassment," as that term is defined in 34 C.F.R. Part 106.30 . Nothing in this procedure limits or otherwise restricts High-line College's ability to investigate and pursue discipline based on alleged violations of other federal, state, and local laws, their implementing regulations, and other college policies prohibiting gender discrimination through processes set forth in Highline College's code of student conduct, employment contracts, employee handbooks, and collective bargaining agreements.
(3) Any employee, student, applicant, or visitor who believes that they have been the subject of sexual harassment should report the incident or incidents to Highline College's Title IX coordinator identified below. If the complaint is against that Title IX coordinator, the complainant should report the matter to the president's office for referral to an alternate designee.
(4) Complaints may be submitted in writing or verbally. For complainants who wish to submit a written complaint, a formal complaint form is available online at incident reporting form.

TITLE IX/EEO Coordinator

Title: Title IX Coordinator

Office: Human Resources, Building 99, Room 200

Phone: 206-592-3812

(5) The responsibilities of the Title IX/EEO coordinator or designee include:
(a) Accepting and processing all Title IX reports, referrals, and formal complaints.
(b) Executing and submitting a formal complaint when appropriate and necessary.
(c) Handling requests for confidentiality.
(d) Determining during the grievance procedure:
(i) Whether a formal complaint should be dismissed either in whole or in part, and if so;
(ii) Providing notice to both parties about why dismissal was necessary or desirable; and
(iii) Referring the complaint to the appropriate disciplinary authority for proceedings outside the jurisdiction of Title IX.
(e) Maintaining accurate records of all complaints, reports, and referrals, and retaining investigation files, complaints, reports, and referrals in compliance with the applicable records retention schedules or federal or state law, whichever is longer.
(f) Assigning and overseeing investigations.
(g) Engaging in an interactive process with both parties to identify and provide supportive measures that ensure during the investigation and disciplinary processes that the parties have equitable access to education programs and activities and are protected from further discrimination or retaliation.
(h) Upon completion of an investigation, issuing or overseeing the issuance of a final investigation report to the parties and the appropriate disciplinary authority in compliance with this grievance procedure.
(i) Recommending nondisciplinary corrective measures to stop, remediate, and/or prevent recurrence of discriminatory conduct to disciplinary authorities and other college administrators.
(6) Individuals experiencing harassment or discrimination also have the right to file a formal grievance with government authorities:

Equal Employment Opportunity Commission

909 First Avenue, Suite 400

Seattle, WA 98104-1061

www.eeoc.gov

Washington State Human Rights Commission

1511 Third Avenue, Suite 921

Seattle, WA 98101

www.hum.wa.gov

Office for Civil Rights

U.S. Department of Education

915 Second Avenue

Seattle, WA 98171-1099

www.ed.gov

(7) In the event that an incident involves alleged misconduct by the Title IX/EEO coordinator, reports should be made directly to the vice president of human resources.

Wash. Admin. Code § 132I-300-010

Amended by WSR 21-13-154, Filed 6/22/2021, effective 7/23/2021

Statutory Authority: RCW 28B.50.140. 12-16-111, § 132I-300-010, filed 8/1/12, effective 9/1/12. Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-300-010, filed 7/21/92, effective 8/21/92.