C2=m0 m4>4mm a: an: ES nz . 5. L. Pt, . UNITED STATES DEPARTMENT OF -. gut . 1 . REGION - . . . . . OFFICE FOR CIVIL mom 5 2 .3 PH 1 . 1/1wa LOLORADO I I 12+; SPEER BLVD, SUITE 310 DENVER. CO 8(12tH-3582 ?"0?le October 28. 2013 Dr. Nancy Barcelo. President Northern New Mexico College 921 N. Paseo de Oi?iate Espafiola. New Mexico 87532 RE: Northern New Mexico College Case Number 08-1 1-2125 Dear Dr. Barcelo: This letter updates the monitoring requirements for Northern New Mexico College for the referenced case. The College. pursuant to its request. entered into a January 31. 2012 Resolution Agreement that resolved the allegations of the complaint. OCR accepted for investigation the Complainant?s allegations that 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. 3. The College retaliated against the Complainant by: instructing her to attend a face-to- face meeting with the student alleged to have sexually assaulted her and two other students; by intimidating and coercing her so she would not ?le a sexual harassment complaint: by accusing her of cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint: and by coercing her not to enroll in CHEM 4. The College failed to designate a Title IX coordinator.I The College failed to adopt and publish adequate Title IX grievance procedures. 2. The Agreement required that the College submit reports demonstrating that the terms ol?thc Agreement were fully implemented. We received the College?s most recent monitoring report on August 30. 2013. OCR is responsible for enforcing Title IX of the Education Amendments oi" 1972 and its implementing regulation at 34 Part 106. which prohibit discrimination on the basis ol'sex in education programs and activities that receive Federal linancial assistance from the United States Department of Education. Individuals ?ling a complaint. participating in an investigation. or asserting a right under Title are protected from intimidation or retaliation by 34 .F .R. 106.71. which incorporates 34 C.F.R. As a recipient of Federal ?nancial assistance We investigated this allegation and found there was no violation and that the College had designated a Title IX Coordinator. The Department of Education's mission is to promoti- student .n?hieveim-nt and preparation [or global competitiveness by fostering educational excellence and ensuring equal access. 901G lid AUNEIUZ Page 2 of 4 from the Department the College is subject to this law and regulation. Additional information about the laws OCR enforces is available on our website at A discussion of the College?s reports and our monitoring of its compliance with the Agreement is outlined in the following discussion. 'l'erms ofthe Agreement are quoted in italics followed by our comments regarding our evaluation of the College?s reports. We previously determined that the College had satis?ed several of the terms ofthe Agreement; those terms are summarized in what follows. As discussed in the following. the monitoring is complete and the case is closed. Title IX Grievance Procedures Action Steps I - #2 The College completed Action Steps I and #2 in accordance with the Agreement. The several elements of Step focused on developing compliant and effective Title IX grievance procedures. providing for the prompt and equitable resolution ofcomplaints alleging violations of the Title IX regulation (see, 34 CPR. Step #2 addressed the adoption and implementation of the grievance procedures once approved by OCR. OCR con?rmed the completion of both Steps. On January 3. 2013, OCR approved the College?s Title IX grievance procedures for students and employees to address complaints of sex discrimination (including sexual harassment. sexual assault. and sexual violence), as required by Title IX's implementing regulation at 34 C.F.R. On March 18, 2013, OCR con?rmed that the College had adOpted and implemented the new Title IX grievance procedures. OCR has determined that Steps #1 and #2 have been completed. Notice of Nondiscrimination/Title IX Coordinator Action Steps #3 - #5 Action Steps #3 and #4 called for the College to revise and publish its notice of nondiscrimination required by 34 CPR. 106.9. OCR reviewed and approved the revisions on January 13. 2013. and confirmed the publication on the College's website on September 24. 2013. The College documented that the notice, including identification ofthe title or name. office address. and telephone number for the College?s Title IX coordinator was properly published after approval. Action Step #5 required the revision ofthe job description and training requirements for the Title IX Coordinator and others involved in processing grievances under the procedures revised pursuant to Action Step OCR confirmed completion of Step #5 on March 18. 2013. This information was also communicated by letter/e?mail to all students. staiT. and faculty by the College President on July l6. 2013. OCR earlier determined Steps #3 - are complete (with the exception ol'the matter discussed in the following paragraph). In our monitoring response of Jun 18. 2013. we asked the College to report on the completion of Action Step #3 (last sentence). Action Step #4 (documentation of electronic and printed publication of information). The relevant portions ofthese Steps provide 3. . . . The (.'ollege will which publish this notice [the notice oft/1e name and contact information/0r the Title IX coordinator] consistent with the requirements 0/34 CPRPage 3 0M 4. . . . The College will ensure that. . . electronic and printedpublications ol'general distribution that provide information to employees and students about (..'ollege services contain the notice ofnondiscrimination. . . . The College sent by e-mail to faculty. staff. and students a letter from the President providing information on where the Title IX policy. the notice of nondiscrimination. and infomiation about the Title IX Coordinator can be found and where copies can be obtained along with the name and contact information for the Title IX Coordinator on August 22. 2013. Additionally. copies of the notice and policy were provided during Title IX training (during student orientation and at the April 2012 and August 2013 faculty and stafftrainings) and are available on the College's website. These Steps and are now complete. Training for Title IX Coordinator and College Personnel - Action Steps #6 - #8 OCR found on June 18. 2013. that the Title IX training for the Title IX Coordinator required by Step #6 had been completed. and OCR confirmed on March 18. 2013. the training for all administrators. professors, instructors, coaches. and other staff who interact with students on a regular basis required by Step #7 was completed. OCR earlier determined that Steps #6 and #7 are complete. In our monitoring response ofJun 18, 2013. we asked the College to report on the completion of Action Step #8 that provides 8. . . . the College will develop an annual Title IX training program to ensure that staff andfaculty receive adequate training. which program could consist of one or more in- depth training sessions or a refresher. The College provided its ?Title IX Training Plan. August 1. 2013.? The plan calls for training for faculty and staff. as well as for students. concerning the College?s policy prohibiting sex discrimination, its Title IX grievance process. and the prohibition against retaliating against those who make complaints or cooperate in the investigation of complaints. We confirmed that the Title IX Coordinator is designated as the individual responsible for the training and the plan calls for providing copies ofthe College?s Title IX policy to students. faculty. and staff as part ofthe training or student orientation. With the College?s most recent submission. Step too, is complete. Individual Remedies Action Steps #9 - #14 Action Steps #9 through #14 provided individual remedies for the Complainant and two other students and the general student population. By letter on March 18. 2013. OCR found that Step requiring an informational session regarding Title IX. and been provided as part of the annual student orientation for new and returning students. By letter on unc 12. 2012. we found the College had completed the requirements of Steps #10-13. covering individual remedies for the Complainant and two other students. including tuition refunds required by Step #13. OCR has determined that Steps #9 - #13 are complete. Page -l of -l Step #14 requires that H. . . {he ('o/lege trill tin/{ft [he 'ump/umanl in writing of file revised new jmliet' um/procedures um/pmriu?e her cup/tax: 'l?he College provided OCR a copy ol?tlte letter sent to the (?omplainant on July 30. 2013. ith prool'ol? delivery. 'l?he letter contained inlormation about the (?ollege?s revised polic?}. information on how to locate the policy on College's and included a copy oi the revised policy. With the College?s recent submission, Step #14 is complete. Based on our review ol'the College?s current and pt?et'iotts reports. we have determined that the College has met all .??\greemcnt 'l'erms and that t?arther monitoring is not required. This case is closed effective the date of this letter. We sincerely appreciate the College?s el?l?orts in meeting the terms ol' its Agreement. are particularly grateful for the efforts that the new ?l?itle Coordinator. Mr. Bernie Padilla. expended to ensure completion ol? the agreement. We are closing this case el?l?ectiye the date at this letter. Please do not hesitate to contact Mr. Jim Long at or at (303) 844- 4821 it?y?ou have any questions or concerns. Sincerely. J. Aaron Rpmine Regional Director I CC: Complainant UNITED STATES DEPARTMENT OF EDUCATION Vi" ATHENA OFFICE FOR CIVIL RIGHTS NEW MEXICO 12-14 SPEER BLVD, SUITE 310 UTAH DENVER, CO 8020443582 WYOMING January 31,2012 Dr. Nancy Barcelo, President Northern New Mexico College COPY 921 N. Paseo de O?ate OFFICE SURNAME Espafiola, NM 87532 Re: Northern New Mexico College OCR Case Number: 08-1 1-2125 Dear President Barcel?: This letter advises you of the resolution of the complaint ?led with our of?ce against the College, alleging that the College discriminated against a student based on sex. Speci?cally, the Complainant alleged that: 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. 3. The College retaliated against the Complainant by: instructing her to attend a face-to-face 1 meeting with the student alleged to have sexually assaulted her and two other students (November 17, 2010); by intimidating and coercing her so she would not ?le a sexual .1. harassment complaint (November 18, 2010); by accusing her of cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint. . (December 6, 2010); and by coercing her not to enroll in CHEM (January 7, 2011). .l 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. Jurisdiction Title IX of the Education Amendments of 1972 and its implementing regulation at 34 .F.R. Part 106, prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title are protected from intimidation or retaliation by 34 C.F.R. 106.71, which incorporates 34 CPR. The College is a recipient of Department funds. lt is. therefore, subject to the legal requirements of this statute}! and regulation. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. UNITED STATES DEPARTMENT OF EDUCATION ?5010? ARIZONA OFFICE FOR CIVIL RIGHTS comm?) NEW 0 1244 SPEER BLVD. some 310 UTAH DENVER, co 80204-3582 wvommc January 31. 2012 Dr. Nancy Barcelo, President Nonhem New Mexico College 921 N. Paseo de Oftate Esparola. NM 87532 Re: Northern New Mexico College OCR Case Number: 08-1 1-2125 Dear President Barcelo: This letter advises you of the resolution of the complaint ?led with our of?ce against the College, alleging that the College discriminated against a student based on sex. Speci?cally. the Complainant alleged that: 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. 3. The College retaliated against the Complainant by: instructing her to attend a face-to-face meeting with the student alleged to have sexually assaulted her and two other students (November 17, 2010); by intimidating and coercing her so she would not ?le a sexual harassment complaint (November 18, 2010); by accusing her of cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint. (December 6, 2010); and by coercing her not to enroll in CHEM (January 7, 201 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. Jurisdiction Title IX of the Education Amendments of 1972 and its implementing regulation at 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint, participating in an investigation. or asserting a right under Title IX are protected from intimidation or retaliation by 34 C.F.R. 106.71. which incorporates 34 C.F.R. The College is a recipient of Department funds. It is. therefore. subject to the legal requirements of this statute and regulation. The Department of Education?s mission is to promote student achievement and preparation tor global competitiveness by fostering educational excellence and ensuring equal access. gov Page 3 of2 Background Prior to the conclusion of OCR's investigation. during discussions with OCR. the College requested to resolve allegations l. 2. 3. and ofthe complaint and signed an Agreement which. when fully implemented. will address those issues raised by the complaint. In accordance with Section 302 of Case Processing Manual. the provisions ofthe Agreement are aligned with the complaint allegations in this case and the information obtained during investigation and consistent with the applicable regulations. With respect to allegation 4. we investigated whether the College failed to designate a Title IX coordinator in violation of34 C.F.R. We completed our investigation and that the College did designate a Title IX coordinator and is in compliance with this requirement. Analysis and Findings Allegation 4--Designali0n ofa Title IX Coordinator In its response to the complaint allegations. the College provided a page from its 2010-201 1 Catalog demonstrating the designation of its Director of Human Resources as the College?s Title IX Coordinator. The designation includes the information required by 34 C..F.R. ?106.8( Therefore. we conclude the College is in compliance with respect to the designation of a Title IX Coordinator. OCR is closing our investigation of this case effective the date of this letter. OCR will. however. monitor the College?s implementation of the Agreement. A copy of the Agreement is enclosed. OCR has provided written notification to the Complainant that the College has entered into this Agreement, and we provided the Complainant a copy of the Agreement. Please note that the Complainant may have the right to ?le a private suit in federal court whether or not OCR ?nds a violation. We are committed to prompt and effective service. lfyou have any questions. please contact Mr. Jim Long at (303) 844-6299 or at Sincerely. Aaron Romine Regional Director Enclosure Resolution Agreement Resolution Agreement Northern New Mexico College OCR Case Number 08-11-2125 The US. Department of Education, Of?ce for Civil Rights (OCR), initiated the above-referenced complaint against Northern New Mexico College (the College). pursuant to Title IX of the Education Amendments of 1972 (Title IX). 20 U.S.C. I681 c! seq. and its implementing regulation. 34 C.F.R. Part 106. Prior to the completion of investigation, the College asked to resolve the issues of this complaint pursuant to Section 302 of Case Processing Manual (CPM). The College re-af?rms its commitment to comply fully with Title and its implementing regulation. The College's participation in this agreement is voluntary and solely for the purposes of resolving allegations in the complaint. The College's agreement to address improvements in its reporting practices, its Title IX policies and grievance procedures. and to provide remedies to three students is not an admission of fault or legal wrong-doing. Accordingly, to ensure compliance with Title IX and its implementing regulation and to resolve the issues of this case, the College voluntarily agrees to take the following actions: ACT ION STEPS - Title IX Grievance Procedures 1. By March 1, 2012, the College will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title lX?s implementing regulation at 34 C.F.R. The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: a. a notice that the procedures apply to complaints of sex discrimination (including sexual harassment. sexual assault. and sexual violence) by employees, students, or third parties; b. an explanation of how to ?le a complaint pursuant to the procedure; c. the name or title. office address. and telephone number of the individual with whom to ?le a complaint; (1. de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence); e. provide for the adequate, reliable. and impartial investigation ofall complaints. including equitable treatment of the parties and the opportunity for the parties to present witnesses and other evidence: Page 2 Northern New Mexico College - OCR Docket #08-1 1-2125 3'5 timeframes for the major stages of the investigation; written noti?cation to the parties of the outcome of the investigation; h. an assurance that the College will keep the complaint and investigation con?dential to the extent possible; i. notice of the opportunity for the parties to appeal the ?ndings: j. an assurance that the appeal will be conducted in an impartial manner by an impartial decision-maker; k. a statement that the College will take reasonable steps to deter future discrimination. and to remedy the discriminatory effects on the vietim(s) and others; and l. a statement that Title IX prohibits retaliation against any individual who ?les a complaint under Title IX or participates in a complaint investigation. 2. Within 45 calendar days of written noti?cation from OCR, the College will adopt and implement the procedures and will provide all students and employees with notice regarding the new grievance procedures through print and electronic means designed to ensure broad dissemination. The College will include in its revised Title IX procedures provision for conducting a biennial review of its procedures for implementing the requirements of Title IX to ensure the College is acting to prevent sex discrimination (including harassment), to stop it when it occurs, and remedy it when it is found to have occurred. 0 Notice of Nondiscrimination/Title IX Coordinator 3. By March 1, 2012, the College will draft and submit to OCR for review a revised notice of nondiscrimination pursuant to 34 C.F.R. 106.9, which will notify students. employees, and other relevant persons that it does not discriminate on the basis of sex in the education programs or activities that it operates, in employment, and admissions. The policy shall include the title, of?ce address. and telephone number for the College?s Title IX Coordinator along with language that directs those with concerns to the Coordinator. The College will widely publish this notice consistent with the requirements of Title IX at 34 106.9. 4. Within 45 calendar days of written noti?cation from that the College?s notice of nondiscrimination complies with Title IX. the College will ensure that, to the extent required by Title lX at 34 C.F.R. 106.9. electronic and printed publications oi?general distribution that provide information to employees and students about College services contain the notice of nondiscrimination. lnserts may be used pending reprinting of these publications. Page 3 - Northern New Mexico College - OCR Docket 5. By May 15, 2012, the College will revise the job description and corresponding training requirements for its Title IX Coordinator and. as appropriate, any deputy coordinators. to address the proper handling of Title IX complaints as outlined in the College?s Title IX policies and procedures. 0 Training for Title IX Coordinator and College Personnel 6. By May 15, 2012, the College will schedule Title IX training for its Title IX Coordinator and any other college coordinators, officials. and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination (including sexual harassment, sexual assault, or sexual violence) and retaliation or who will otherwise coordinate the College?s compliance with Title IX. This training will cover the College?s new grievance procedures for Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title IX, as well as how the College?s responsibilities under Title IX and the Clery Act, 20 U.S.C. 1092(t), differ. By May 15, 2012, the College will schedule Title IX training for all administrators, professors, instructors, coaches, and other staff who interact with students on a regular basis regarding sex discrimination and harassment, the College's responsibilities under Title IX, and the College?s new grievance procedure. As part of this training, staff will receive written guidance regarding proper reporting and the impermissibiliry of retaliation. By June 30, 2012, the College will develop an annual Title IX training program to ensure . that staff and faculty receive adequate training, which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and faculty are aware of any changes to the law. College policy, and College practices in this area. 0 Individual Remedies 9. 10. By June 4, 2012, the College will offer an informational session to students during orientation (as part of the annual student orientation for new and returning students) to infomt them about the College?s prohibition against sex discrimination, how and to whom to report any incidents of sex discrimination (including sexual harassment, sexual assault, and sexual violence). and the Title IX grievance procedures. By February 15, 2012, the College?s Title IX Coordinator or other similarly quali?ed of?cial will offer to meet individually with the Complainant and other two victims of sexual harassment/assault identified in her complaints and provide them with the opportunity to discuss any concerns they have about incidents of sexual harassment/assault they alleged. During the meeting. the College will emphasize its commitment to having a college environment free from all harassment, remind the students of the College?s commitment to ending sexual harassment/assault, and inform them of the steps being taken to that end. Page 4 Northern New Mexico College - OCR Docket #08-11-2125 11. By February 15, 2012, the College will provide the Complainant a written statement acknowledging that her complaint was not handled as as it should have been and that she was not given prompt notiCe of the outcome. The statement will express the College?s commitment to remedy those procedural shortcomings. As part of its statement to the Complainant, the College will commit to notifying the Complainant and other two students referred to above il'the two males accused of harassment attempt to re-enroll and assure her that the two males will not be permitted to register for courses in which she and the other two female students are registered. 12. By February 15, 2012, the College will offer the Complainant up to four counseling sessions with an appropriate College or civilian counselor to address the experiences raised in her complaint. 13. By February 17, 2012, the College will refund the Complainant the tuition and fees she paid to the College (or that was paid on her behalf) for the semester in which she was enrolled with the alleged harassers. Additionally, the College will refund the tuition and fees associated with the chemistry class identi?ed in this complaint. for the other two female students referenced above in item #10. 14. Within 14 days of the adoption of the College?s revised/new sexual harassment policy and Title IX grievance procedures, the College will individually notify the Complainant in writing of the revised/new policy and procedures and provide her copies. REPORTING REQUIREMENTS 0 Title IX Grievance Procedures a. By March 1, 2012, the College will submit to OCR for its review and comment its Title IX grievance procedures referenced in item #1 above. b. Within 45 calendar days after approval oi'tlie Title IX procedures referenced in item #1 above, the College will provide OCR with documentation that it has implemented item #2 above, including copies of the written notices issued to students and employees regarding the new Title IX procedures and a description of how the netices were distributed; copies of its revised student and employee handbooks: and a link to its wcbpagets) where the revised Title IX procedures are located. c. By December 31, 2012, the College will submit to OCR copies oi?all Title IX grievances filed under the OCR approved grievance procedure by students alleging sexual discrimination or harassment. including allegations ol'scxual assault and sexual violence, and retaliation. during the 201 1-2012 school year. The College will make available to OCR documentation related to the investigation of each complaint, such as witness interviews, investigator notes. evidence submitted by the parties, investigative reports and summaries, any ?nal disposition letters, disciplinary records. and documentation regarding any appeals. Page 5 Northern New Mexico College - OCR Docket #08-1 1-2125 0 Notice of Nondiscrimination/Title IX Coordinator d. By March 1, 2012, the College will provide OCR with a copy of the College?s Title IX notice of nondiscrimination referenced in item #3 above. e. Within 90 calendar days of approval of the College?s notice of nondiscrimination, the College will provide OCR with documentation that it has implemented item #4 above, including copies of any printed publications. and web links to any electronic publications containing the notice. f. By June 30, 2012, the College will provide OCR with documentation that it has implemented item #5 above, including the name and title of the Title IX Coordinator(s), and a copy of the job description(s) and training requirement(s) for the position(s). 0 Training for Title IX Coordinator and College Personnel g. By June 30, 2012, the College will provide OCR with documentation that it has completed item The College will document that the required training has been completed, including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. The report will include a copy of the memorandum distributed to faculty and administrators pursuant to item it. By June 30, 2012, the College will provide OCR with documentation that it has completed item including the dates of the training. the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training. and copies of any materials used or distributed during the training. i. By September 1, 2012, the College will provide OCR a copy of the training program (including copies oftraining materials used) required by item #8 along with a schedule for the ?rst annual training session and refresher. 0 Individual Remedies j. By June 30, 2012, the College will provide OCR with documentation that it has implemented item including a descriptions of the infomiational sessions, and copies of any written materials to be distributed during the sessions. it. By February 29, 2012. the College will provide OCR (l documentation con?rming it made the otl'er described in item #10. (2) con?rmation that it conducted the meeting(S) if the offer was accepted. (3) a copy of the statement referred to in item #1 with evidence that it has been delivered to the Complainant, and (4 documentation that it made the offer addressed in item #12 along with the Complainant's response. il'any. Page 6 Northern New Mexico College - OCR Docket #08-1 1-2125 1. By February 29, 2012, the College will provide documentation that it has completed the refunds required by item #13 and reimbursed the Complainant for any expenses described in item #13. 111. By June 30, 2012, the College will provide documentation demonstrating that it provided a copy of the College?s revised/new sexual harassment policy and Title IX grievance procedures to the Complainant and two other students required by item #14. l/fb/?D/ President or designee Northern New Mexico College Date UNITED STATES DEPARTMENT OF EDUCATION REGION ARIZONA OFFICE FOR CIVIL RIGHTS comm? NEW MFXICO 1244 SPEER BLVD, SUITE 310 um" DENVER, co 80204-3582 wvommc January 31. 2012 OFFICE COPY OFFICE SURNAME Re: Northern New Mexico Collegg Case Number 08-] 1-2125 Dear Ms. 7 C. This letter advises you of the resolution of the complaint you ?led with our office against the College. alleging that the College discriminated against you on the basis of sex. Speci?cally, you alleged that: 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. 3. The College retaliated against tbe-tomplainant by: instructing list to attend a face-to-face meeting with the student alleged to have sexually assaulted $31 and two other students (November 17, 2010); by intimidating and coercing so 51?: would not ?le a sexual harassment complaint (November 18, 2010); by accusing of cheating and failing in an organic chemistry course when s?adid ?le a sexual harassment complaint. (December 6. 2010); and by coercing not to enroll in CHEM (January 7, 2011). 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. Jurisdiction Title IX of the Education Amendments of 1972 and its implementing regulation at 34 CPR. Part 106. prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title IX are protected from intimidation or retaliation by 34 CPR. 106.7], which incorporates 34 CPR. The College is a recipient of Department funds. It is, therefore, subject to the legal requirements of this statuth and regulation. The Department of Education?s mission is to promote student achievement and preparation for global Competitiveness by fostering educational excellence and ensuring equal access. UNITED STATES DEPARTMENT OF EDUCATION . ARIZONA OFFICE FOR CIVIL RIGHTS comm?, NEW MEXICO 12-1-1 SPEER BLVD, SUITE 310 UTAH DENVER, CO 80204-3582 WYOMING January 31. 2012 Re: Northern New Mexico College Case Number 08-11-2125 Dear Ms. Lovato: This letter advises you of the resolution of the complaint you ?led with our of?ce against the College, alleging that the College discriminated against you on the basis of sex. Speci?cally, you alleged that: 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. The College retaliated against you by: instructing you to attend a face?to?face meeting with the student alleged to have sexually assaulted you and two other students (November 17, 2010); by intimidating and coercing you so you would not ?le a sexual harassment complaint (November 18. 2010); by accusing you of cheating and failing you in an organic chemistry course when you did ?le a sexual harassment complaint. (December 6, 2010); and by coercing you not to enroll in CHEM (January 7. 201 1). 4. The College failed to designate a Title IX coordinator. The College failed to adopt and publish adequate Title IX grievance procedures. U) Jurisdiction Title IX of the Education Amendments of 1972 and its implementing regulation at 34 .F .R. Part 106. prohibit discrimination on the basis ol?sex in education programs and activities that receive Federal ?nancial assistance from the Department. individuals ?ling a complaint, participating in an investigation, or asserting a right under Title are protected from intimidation or retaliation by 34 .F .R. 106.7]. which incorporates 34 CPR. The College is a recipient of Department funds. It is, therefore. subject to the legal requirements of this statute and regulation. he Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. .ed . gov Page 2 of 2 Background Prior to the conclusion of investigation. during discussions with OCR. the College requested to resolve allegations 1. 2. 3. and 5 of the complaint and signed an Agreement which. when fully implemented. will address those issues raised by the complaint. In accordance with Section 302 of Case Processing Manual. the provisions of the Agreement are aligned with the complaint allegations in this case and the information obtained during investigation and consistent with the applicable regulations. With respect to allegation 4. we investigated whether the College failed to designate a Title IX coordinator in violation of 34 C.F.R. We completed our investigation and find that the College did designate a Title IX coordinator and is in compliance with this requirement. Analysis and Findings - Allegation 4--Designatian of a Title IX (.?oora?inator In its response to the complaint allegations. the College provided a page from its 2010-201 1 Catalog demonstrating the designation of its Director of Human Resources as the College?s Title IX Coordinator. The designation includes the information required by 34 CPR. Therefore, we conclude the College is in compliance with respect to the designation of a Title IX Coordinator. If you have any questions or concerns about the closure of this allegation, you may call Mr. Jim Long at (303) 844-6299. If you still have concerns, you may send an appeal to the Office of the Deputy Assistant Secretary for Enforcement. U.S. Department of Education, Of?ce for Civil Rights, 400 Maryland Avenue, S.W., Washington. DC. 20202-1100, or toOCRAppeals@ed.gov, within 60 days of the date of this letter. Contacting Mr. Long neither extends the 60-day timeline for ?ling an appeal. nor is a prerequisite to ?ling an appeal with the Deputy Assistant Secretary for Enforcement. In any appeal, please explain specifically why you believe the factual information was incomplete. the analysis of the facts was incorrect. and/or the appropriate legal standard was not applied. and how this would change the determination in the case. Failure to do so may result in the closure of your appeal, as general dissatisfaction with the decision will not be suf?cient. OCR is closing our investigation of this case effective the date of this letter. OCR will. however. monitor the ollege?s implementation of the Agreement. Please note that the complainant may have the right to file a private suit in federal court whether or not OCR finds a violation. We are committed to prompt and effective service. If you have any questions. please contact Mr. Jim Long at (303) 844-6299 or at jim.long@ed.gov. . Aaron omine ?Regional Enclosure Resolution Agreement Resolution Agreement Northern New Mexico College OCR Case Number 08-11-2125 The U.S. Department of Education, Of?ce for Civil Rights (OCR), initiated the above-referenced complaint against Northern New Mexico College (the College), pursuant to Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. I681 e! seq., and its implementing regulation, 34 C.F.R. Part l06. Prior to the completion of investigation, the College asked to resolve the issues of this complaint pursuant to Section 302 of Case Processing Manual (CPM). The College re-af?rms its commitment to comply fully with Title IX and its implementing regulation. The College?s participation in this agreement is voluntary and solely for the purposes of resolving allegations in the complaint. The College?s agreement to address improvements in its reporting practices, its Title IX policies and grievance procedures, and to provide remedies to three students is not an admission of fault or legal wrong-doing. Accordingly, to ensure compliance with Title IX and its implementing regulation and to resolve the issues of this case, the College voluntarily agrees to take the following actions: ACT ION STEPS 0 Title IX Grievance Procedures 1. By March 1, 2012, the College will submit to OCR for its review and approval dra? Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title lX?s implementing regulation at 34 C.F.R. The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: a. a notice that the procedures apply to complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) by employees, students, or third parties; b. an explanation of how to file a complaint pursuant to the procedure; c. the name or title, office address, and telephone number of the individual with whom to ?le a complaint; (1. de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence); e. provide for the adequate, reliable, and impartial investigation of all complaints, including equitable treatment of the parties and the opportunity for the parties to present witnesses and other evidence; Page 2 Northern New Mexico College - OCR Docket #08-1 1-2125 f. timefrarnes for the major stages of the investigation; g. written noti?cation to the parties of the outcome of the investigation; h. an assurance that the College will keep the complaint and investigation con?dential to the extent possible; i. notice of the opportunity for the parties to appeal the findings; an assurance that the appeal will be conducted in an impartial manner by an impartial decision-maker; k. a statement that the College will take reasonable steps to deter future discrimination, and to remedy the discriminatory elTects on the victim(s) and others; and l. a statement that Title IX prohibits retaliation against any individual who files a complaint under Title IX or participates in a complaint investigation. 2. Within 45 calendar days of written noti?cation from OCR, the College will adopt and implement the procedures and will provide all students and employees with notice regarding the new grievance procedures through print and electronic means designed to ensure broad dissemination. The College will include in its revised Title IX procedures provision for conducting a biennial review of its procedures for implementing the requirements of Title IX to ensure the College is acting to prevent sex discrimination (including harassment), to stop it when it occurs, and remedy it when it is found to have occurred. 0 Notice of Nondiscrimination/Title IX Coordinator 3. By March 1, 2012, the College will draft and submit to OCR for review a revised notice of nondiscrimination pursuant to 34 CPR. [06.9, which will notify students, employees, and other relevant persons that it does not discriminate on the basis of sex in the education programs or activities that it operates, in employment, and admissions. The policy shall include the title, of?ce address, and telephone number for the College?s Title IX Coordinator along with language that directs those with concerns to the Coordinator. The College will widely publish this notice consistent with the requirements of Title IX at 34 CPR. 106.9. 4. Within 45 calendar days of written noti?cation from OCR that the College?s notice of nondiscrimination complies with Title IX. the College will ensure that, to the extent required by Title IX at 34 C.F.R. l06.9, electronic and printed publications of general distribution that provide information to employees and students about College services contain the notice of nondiscrimination. Inserts may be used pending reprinting of these publications. Page 3 - Northem New Mexico College - OCR Docket #08-1 1-2125 5. By May 15, 2012, the College will revise the job description and corresponding training requirements for its Title IX Coordinator and. as appropriate, any deputy coordinators, to address the proper handling of Title IX complaints as outlined in the College?s Title IX policies and procedures. 0 Training for Title IX Coordinator and College Personnel 6. By May 15, 2012, the College will schedule Title IX training for its Title IX Coordinator and any other college coordinators, officials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination (including sexual harassment, sexual assault, or sexual violence) and retaliation or who will otherwise coordinate the College?s compliance with Title IX. This training will cover the College?s new grievance procedures for Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title IX, as well as how the College?s responsibilities under Title IX and the Clery Act, 20 U.S.C. 1092(1), differ. By May 15, 2012, the College will schedule Title IX training for all administrators, professors, instructors, coaches, and other staff who interact with students on a regular basis regarding sex discrimination and harassment, the College's responsibilities under Title IX, and the College?s new grievance procedure. As part of this training, staff will receive written guidance regarding proper reporting and the impermissibility of retaliation. By June 30, 2012, the College will deveIOp an annual Title IX training program to ensure that staff and faculty receive adequate training, which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and faculty are aware of any changes to the law, College policy, and College practices in this area. 0 Individual Remedies 9. 10. By June 4, 2012, the College will offer an informational session to students during orientation (as part of the annual student orientation for new and returning students) to inform them about the College?s prohibition against sex discrimination, how and to whom to report any incidents of sex discrimination (including sexual harassment, sexual assault, and sexual violence), and the Title IX grievance procedures. By February 15, 2012, the College?s Title IX Coordinator or other similarly qualified official will offer to meet individually with the Complainant and other two victims of sexual harassment/assault identified in her complaints and provide them with the opportunity to discuss any concerns they have about incidents of sexual harassment/assault they alleged. During the meeting, the College will emphasize its commitment to having a college environment free from all harassment, remind the students of the College?s commitment to ending sexual harassment/assault, and inform them of the steps being taken to that end. Page 4 Northern New Mexico College - OCR Docket #08-1 1-2125 By February 15, 2012, the College will provide the Complainant a written statement acknowledging that her complaint was not handled as as it should have been and that she was not given prompt notice of the outcome. The statement will express the College?s commitment to remedy those procedural shortcomings. As part of its statement to the Complainant, the College will commit to notifying the Complainant and other two students referred to above if the two males accused of harassment attempt to re-enroll and assure her that the two males will not be permitted to register for courses in which she and the other two female students are registered. 12. By February 15, 2012, the College will offer the Complainant up to four counseling sessions with an appropriate College or civilian counselor to address the experiences raised in her complaint. 13. By February 17, 2012, the College will refund the Complainant the tuition and fees she paid to the College (or that was paid on her behalf) for the semester in which she was enrolled with the alleged harassers. Additionally, the College will refund the tuition and fees associated with the chemistry class identi?ed in this complaint, for the other two female students referenced above in item 14. Within 14 days of the adoption of the College?s revised/new sexual harassment policy and Title IX grievance procedures, the College will individually notify the Complainant in writing of the revised/new policy and procedures and provide her copies. REPORTINQ EQUIREMENTS 0 Title IX Grievance Procedures a. By March 1, 2012, the College will submit to OCR for its review and comment its Title IX grievance procedures referenced in item #1 above. b. Within 45 calendar days after approval of the Title IX procedures referenced in item #l above, the College will provide OCR with documentation that it has implemented item #2 above, including copies of the written notices issued to students and employees regarding the new Title IX procedures and a description of how the notices were distributed; copies of its revised student and employee handbooks; and a link to its webpage(s) where the revised Title IX procedures are located. c. By December 31, 2012, the College will submit to OCR copies of all Title IX grievances ?led under the OCR approved grievance procedure by students alleging sexual discrimination or harassment, including allegations of sexual assault and sexual violence, and retaliation, during the 2011-2012 school year. The College will make available to OCR documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any ?nal disposition letters, disciplinary records, and documentation regarding any appeals. Page 5 Northern New Mexico College - OCR Docket #08-1 1-2125 0 Notice of Nondiscrimination/1? itle 1X Coordinator d. By March 1, 2012, the College will provide OCR with a copy of the College?s Title IX notice of nondiscrimination referenced in item #3 above. e. Within 90 calendar days of approval of the College?s notice of nondiscrimination, the College will provide OCR with documentation that it has implemented item #4 above, including copies of any printed publications, and web links to any electronic publications containing the notice. f. By June 30, 2012, the College will provide OCR with documentation that it has implemented item #5 above, including the name and title of the Title IX Coordinator(s), and a copy of the job deseription(s) and training requirement(s) for the position(s). 0 Training for Title IX Coordinator and College Personnel g. By June 30, 2012, the College will provide OCR with documentation that it has completed item The College will document that the required training has been completed, including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. The report will include a copy of the memorandum distributed to faculty and administrators pursuant to item h. By June 30, 2012, the College will provide OCR with documentation that it has completed item including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. i. By September 1, 2012, the College will provide OCR a copy of the training program (including copies of training materials used) required by item #8 along with a schedule for the ?rst annual training session and refresher. 0 Individual Remedies j. By June 30, 2012, the College will provide OCR with documentation that it has implemented item including a descriptions of the informational sessions, and copies of any written materials to be distributed during the sessions. k. By February 29, 2012, the College will provide OCR documentation con?rming it made the offer described in item #10. (2) con?rmation that it conducted the meeting(s) if the offer was accepted, (3) a copy of the statement referred to in item #11 with evidence that it has been delivered to the Complainant, and (4) documentation that it made the offer addressed in item #12 along with the Complainant?s response. if any. Page 6 Northern New Mexico College - OCR Docket #08-1 1-2125 1. By February 29, 2012, the College will provide documentation that it has completed the refunds required by item #13 and reimbursed the Complainant for any expenses described in item #13. m. By June 30, 2012, the College will provide documentation demonstrating that it provided a copy of the College?s revised/new sexual harassment policy and Title IX grievance procedures to the Complainant and two other students required by item #14. 3 Mt I I President or desngnee Northern New Mexico College Date Resolution Agreement Northern New Mexico College OCR Case Number 08-11-2125 The US. Department of Education, Of?ce for Civil Rights (OCR), initiated the above-referenced complaint against Northern New Mexico College (the College), pursuant to Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. e1seq., and its implementing regulation, 34 CPR. Part 106. Prior to the completion of investigation. the College asked to resolve the issues of this complaint pursuant to Section 302 of Case Processing Manual (CPM). The College re-af?rms its commitment to comply fully with Title IX and its implementing regulation. The College's participation in this agreement is voluntary and solely for the purposes of resolving allegations in the complaint. The College's agreement to address improvements in its reporting practices, its Title IX policies and grievance procedures, and to provide remedies to three students is not an admission of fault or legal wrong-doing. Accordingly, to ensure compliance with Title IX and its implementing regulation and to resolve the issues of this case, the College voluntarily agrees to take the following actions: ACT ION STEPS 0 Title IX Grievance Procedures 1. By March 1, 2012, the College will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title implementing regulation at 34 C.F.R. The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: a. a notice that the procedures apply to complaints of sex discrimination (including sexual harassment, sexual assault. and sexual violence) by employees, students, or third parties; b. an explanation of how to file a complaint pursuant to the procedure; c. the name or title, of?ce address, and telephone number of the individual with whom to ?le a complaint; d. de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence); e. provide for the adequate, reliable, and impartial investigation of all complaints. including equitable treatment of the parties and the opportunity for the parties to present witnesses and other evidence; Page 2 Northern New Mexico College - OCR Docket #08-1 1-2125 f. timeframes for the major stages of the investigation; g. written noti?cation to the parties of the outcome of the investigation; h. an assurance that the College will keep the complaint and investigation con?dential to the extent possible; i. notice of the opportunity for the parties to appeal the ?ndings; j. an assurance that the appeal will be conducted in an impartial manner by an impartial decision-maker; k. a statement that the College will take reasonable steps to deter future discrimination. and to remedy the discriminatory effects on the victim(s) and others; and l. a statement that Title IX prohibits retaliation against any individual who ?les a complaint under Title IX or participates in a complaint investigation. 2. Within 45 calendar days of written noti?cation from OCR, the College will adopt and implement the procedures and will provide all students and employees with notice regarding the new grievance procedures through print and electronic means designed to ensure broad dissemination. The College will include in its revised Title IX procedures provision for conducting a biennial review of its procedures for implementing the requirements of Title IX to ensure the College is acting to prevent sex discrimination (including harassment), to stop it when it occurs, and remedy it when it is found to have occurred. 0 Notice of Nondiscrimination/Title IX Coordinator 3. By March 1, 2012, the College will draft and submit to OCR for review a revised notice of nondiscrimination pursuant to 34 C.F.R. [06.9, which will notify students, employees. and other relevant persons that it does not discriminate on the basis of sex in the education programs or activities that it operates, in employment, and admissions. The policy shall include the title. of?ce address. and telephone number for the College?s Title IX Coordinator along with language that directs those with concerns to the Coordinator. The College will widely publish this notice consistent with the requirements of Title at 34 106.9. 4. Within 45 calendar days of written noti?cation from OCR that the College?s notice of nondiscrimination complies with Title IX. the College will ensure that, to the extent required by Title IX at 34 CPR. l06.9, electronic and printed publications of general distribution that provide information to employees and students about College services contain the notice of nondiscrimination. Inserts may be used pending reprinting of these publications. Page 3 Northern New Mexico College - OCR Docket #08-1 1-2125 5. By May 15, 2012, the College will revise the job description and corresponding training requirements for its Title IX Coordinator and. as appropriate, any deputy coordinators. to address the proper handling of Title IX complaints as outlined in the College?s Title IX policies and procedures. 0 Training for Title IX Coordinator and College Personnel 6. By May 15, 2012, the College will schedule Title IX training for its Title IX Coordinator and any other college coordinators, officials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination (including sexual harassment, sexual assault, or sexual violence.) and retaliation or who will otherwise coordinate the College?s compliance with Title IX. This training will cover the College?s new grievance procedures for Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title IX, as well as how the College?s responsibilities under Title IX and the Clery Act, 20 U.S.C. 1092(0, differ. By May 15, 2012, the College will schedule Title IX training for all administrators, professors, instructors, coaches, and other staff who interact with students on a regular basis regarding sex discrimination and harassment, the College's responsibilities under Title IX, and the College?s new grievance procedure. As part of this training, staff will receive written guidance regarding proper reporting and the impermissibility of retaliation. By June 30, 2012, the College will develop an annual Title IX training program to ensure that staff and faculty receive adequate training, which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and faculty are aware of any changes to the law, College policy. and College practices in this area. 0 Individual Remedies 9. 10. By June 4, 2012, the College will offer an informational session to students during orientation (as part of the annual student orientation for new and returning students) to infomi them about the College?s prohibition against sex discrimination, how and to whom to report any incidents of sex discrimination (including sexual harassment, sexual assault, and sexual violence), and the Title IX grievance procedures. By February 15, 2012, the College?s Title IX Coordinator or other similarly quali?ed of?cial will offer to meet individually with the Complainant and other two victims of sexual harassment/assault identi?ed in her complaints and provide them with the opportunity to discuss any concerns they have about incidents of sexual harassment/assault they alleged. During the meeting, the College will emphasize its commitment to having a college environment free from all harassment, remind the students of the College?s commitment to ending sexual harassment/assault, and inform them of the steps being taken to that end. Page 4 Northern New Mexico College - OCR Docket #08-11-2125 11. By February 15, 2012, the College will provide the Complainant a written statement acknowledging that her complaint was not handled as as it should have been and that she was not given prompt notice of the outcome. The statement will express the College?s commitment to remedy those procedural shortcomings. As part of its statement to the Complainant, the College will commit to notifying the Complainant and other two students referred to above if the two males accused of harassment attempt to re-enroll and assure her that the two males will not be permitted to register for courses in which she and the other two female students are registered. 12. By February 15, 2012, the College will offer the Complainant up to four counseling sessions with an appropriate College or civilian counselor to address the experiences raised in her complaint. 13 By February 17, 2012, the College will refund the Complainant the tuition and fees she paid to the College (or that was paid on her behalf) for the semester in which she was enrolled with the alleged harassers. Additionally, the College will refund the tuition and fees associated with the chemistry class identified in this complaint. for the other two female students referenced above in item #10. 14. Within 14 days of the adoption of the College?s revised/new sexual harassment policy and Title IX grievance procedures, the College will individually notify the Complainant in writing of the revised/new policy and procedures and provide her copies. REPORTING UIREMENTS 0 Title IX Grievance Procedures a. By March 1, 2012, the College will submit to OCR for its review and comment its Title IX grievance procedures referenced in item #1 above. b. Within 45 calendar days after approval ofthe Title IX procedures referenced in item #l above, the College will provide OCR with documentation that it has implemented item #2 above, including copies of the written notices issued to students and employees regarding the new Title IX procedures and a description of how the notices were distributed; copies of its revised student and employee handbooks; and a link to its webpage(s) where the revised Title IX procedures are located. c. By December 31, 2012, the College will submit to OCR copies of all Title IX grievances filed under the OCR approved grievance procedure by students alleging sexual discrimination or harassment, including allegations of sexual assault and sexual violence. and retaliation, during the 201 1-2012 school year. The College will make available to OCR documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any ?nal disposition letters, disciplinary records, and documentation regarding any appeals. Page 5 Northern New Mexico College - OCR Docket #08-1 1-2125 0 Notice of Nondiscrimination/'1? itle IX Coordinator d. By March 1, 2012, the College will provide OCR with a copy of the College?s Title IX notice of nondiscrimination referenced in item #3 above. e. Within 90 calendar days of approval of the College?s notice of nondiscrimination, the College will provide OCR with documentation that it has implemented item #4 above, including copies of any printed publications, and web links to any electronic publications containing the notice. f. By June 30, 2012, the College will provide OCR with documentation that it has implemented item #5 above, including the name and title of the Title IX Coordinator(s), and a copy of the job description(s) and training requirement(s) for the position(s). 0 Training for Title IX Coordinator and College Personnel g. By June 30, 2012, the College will provide OCR with documentation that it has completed item The College will document that the required training has been completed, including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. The report will include a copy of the memorandum distributed to faculty and administrators pursuant to item h. By June 30, 2012, the College will provide OCR with documentation that it has completed item including the dates of the training. the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. i. By September 1, 2012, the College will provide OCR a copy of the training program (including copies of training materials used) required by item #8 along with a schedule for the ?rst annual training session and refresher. 0 Individual Remedies j. By June 30, 2012, the College will provide OCR with documentation that it has implemented item including a descriptions of the informational sessions, and copies of any written materials to be distributed during the sessions. it. By February 29, 2012, the College will provide OCR (1) documentation confirming it made the otler described in item 0, (2) con?rmation that it conducted the meeting(s) if the offer was accepted, (3) a copy of the statement referred to in item #1 1 with evidence that it has been delivered to the Complainant, and (4) documentation that it made the offer addressed in item #12 along with the Complainant?s response. if any. Page 6 - Northem New Mexico College - OCR Docket #08-1 1-2125 1. By February 29, 2012, the College will provide documentation that it has completed the refunds required by item #13 and reimbursed the Complainant for any expenses described in item #13. m. By June 30, 2012, the College will provide documentation demonstrating that it provided a copy of the College?s revised/new sexual harassment policy and Title IX grievance procedures to the Complainant and two other students required by item #14. g; l/Da/O/ President or designee Northern New Mexico College Date US. DEPARTMENT OF EDUCATION 1244 SPEER BLVD., SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695: Facsimile (303) 844-4303: TDD 1-877-521-2172 c-mail: OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona, Colorado. New Mexico. Utah. lij'oming June 28. 2011 Mr. Tony F. Ortiz Scheuer. Yost Patterson 125 Lincoln. Avenue. Suite 223 Santa Fe. New Mexico 87501 RE: Northern New Mexico College Case Number: 08-11-2125 Dear Mr. Ortiz: Thank you for providing the College?s data response. I have completed my review of the response in Case Number 08-1 1-2125 (Northern New Mexico College). As an initial follow-up before we decide about interviews, please provide responses to the following: 1. Please explain (with su . pcumentzl?j: fyailable) the basis for :. ge?s decision to overturn MW and Ms. failing grades in Dr. fall 2010 chemistry co 2. Please explain Ms . tement. "She [the Chief of Staff] informed Ms 52353,); that matters regarding ll - tinuing to be investigated.? Speci?cally. a. What matters regarding are being investigated? If based on a t. please provie copy 0 complaint. the investigation revealed to date? 'ns to be investigated? 'gation is complete. is disciplinary action anticipated? known, the reason(s) (stated or otherwise) for Dr. indicate whether Dr. resigned in lieu of investigative or on? ?After the interviews. I began my investi ,ation and dete 6 dence that would justify expelling either Mr. or I evidence that I believe demonstrated a clear v10 atlon of po icy at warranted other discipline.? In this regard. please explain: a. What evidentiary standard Dean Orona applied to determine what constitutes a ?clear violation." b. Whether Dean Orona interviewed the two female students leged were also harassed in Dr. fall 2010 chemistry class. c. Whether Dean Orona gathered evidence of good character of the complainant or offered her the opportunity to provide it. Also, please explain why such evidence The Department of Education ?5 Mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. US. DEPARTMENT OF EDUCATION 1244 SPEER BLVD.. SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695: Facsimile (303) 844-4303: TDD 1-877-521-2172 e?mail: OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona. Colorado. New Mexico. Utah. Rimming June 28. 2011 Mr. Tony F. Ortiz Scheuer. Yost Patterson 125 Lincoln. Avenue. Suite 223 Santa Fe. New Mexico 87501 RE: Northern New Mexico College Case Number: 08-11-2125 Dear Mr. Ortiz: Thank you for providing the College?s data response. I have completed my review of the response in Case Number 08-11-2125 (Northern New Mexico College). As an initial follow-up before we decide about interviews, please provide responses to the following: 1. Please explain (with sup ortin documentj?' :ailable) the basis for the College's decision to overturn and Ms. .failing grades in Dr. fall 2010 chemistry co . . Please explain Ms. . statement, ?She [the Chief of Staff] informed Msi(b)(6); that matters regarding Dr. were continuing to be investigated.? Speci?eal . . a. What matters regarding Dr. are being investigated? If based on a complaint. please provide copy of the complaint. b. What has the investigation revealed to date? c. What remains to be investigated? d. If the investigation is complete. is disciplinary action anticipated? 3. Please explain, if known, the reason(s) (stated or otherwise) for Dr. resignation. Please indicate whether Dr. resigned in lieu of investigative or disciplinary action? 4. Dean Orona states. ?After the interviews. I began my investi and detemm . 1 did not have evidence that would justify expelling either or Mr. (bxs); also did not have evidence that I believe demonstrated a Clea of policy that warranted other discipline.? In this regard. please explain: a. What cvidentiary standard Dean Orona applied to determine what constitutes a ?clear violation.? b. Whether Dean Orona interviewed the two female students illeged were also harassed in Dr. fall 2010 chemistry class. c. Whether Dean Orona gathered evidence of good character of the complainant or offered her the opportunity to provide it. Also. please explain why such evidence Ex) The Department of Education ?5 Mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 Mr. Ortiz (concerning Mr. investigated. (1. Whether Dean Orona or Dean Montoya considered Dr. statements that Mr.dmitted touching the complainant?s thigh on at least one occasion in t1 chemistry cl ss 2) a student in her class witnessed Mr. improperly touching Ms."Mr. was not too far from touching her in a very inappropriate location . . . Mr. began laughing . . and (3) she witnessed Mr. attempting coat breast pocket (?Ms Lovato quickly realized what Mr. CM was about to [do] and reached her hand out to grab the pen . . . The look on Ms. ace told me that she was extremely uncomfortable and bothered by what Mr. almost managed to do. Ms. id not need to tell me about this incident as it took place right before my ox *v - . The College's data response explains. ?That decision [Dean Orona?s to take no action on the complaint] was reviewed by the President?s Of?ce as per policy." The ?Procedure for Complaints? indicates "the Dean of Students and .Af?rmative Action Of?cer will conduct a thorough investigation and submit the investigation report and their recommendation to the President for action. The decision of the President is ?nal." Please provide a copy of the "investigation report? submitted ?as per policy" for this case. a copy of the Dean of Students (and. if applicable, the Af?rmative Action Of?cer's) recommendation. and the President?s ?nal decision. Please provide the same with respect to Dean Montoya?s investigation. Please indicate which. if any of these. was provided to the complainant? Please provide a copy of the results of any police investigation of Ms. allegations and any other evidence the College received from the police as part of its collaboration with law enforcement over her comlaint. Please provide a copy of Mr. and Mr. - iseiplinary records, if any. Also. please explain the basis of Ms statement that ?Mr. and Mr. was considered relevant to the allegations being would no longer be allowed on campus" (emphasis added). Thank you for your continued cooperation with our e??orts to resolve this complaint. Please provide the requested information no later than July 13, 201 1. In addition to the information requested above. we may need to request additional information and interview pertinent personnel. If an on-site visit is detemiined to be necessary. you will be contacted to schedule a mutually convenient time for the visit. If you have any questions, please contact me at (303) 844- 6299 or by email at jim.longtiuedgov. Sincerely. James D. Long. Jr. Senior Attorney U.S. DEPARTMENT OF EDUCATION 1244 SPEER BLVD., SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695; Facsimile (303) 844-4303; TDD 1-877-521-2172 email: OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona, Colorado, New Mexico, Utah. Wyoming May 12, 2011 Dr. Nancy Barcelo, President Northern New Mexico College 921 N. Paseo de O?ate Espa?ola, NM 87532 Re: Northern New Mexico College OCR Case Number: 08-11-2125 Dear President Barcelo: On May 4, 2011, we received a complaint alleging the College discrimi a the basis of sex. We have determined that we have the authority to investi this com consistent with our complaint procedures and applicable law. Speci?cally, the complainant alleges 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009 (continuing violation). 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010 (continuing violation). 3. The College retaliated against the complainant by: instructing her to attend a face-to- face meeting with the student alleged to have sexually assaulted her and two other students (November 17, 2010); by intimidating and coercing her so she would not ?le a sexual harassment complaint (November 18, 2010); by accusing her of cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint (December 6, 2010); and by coercing her not to enroll in CHEM (January 7, 201.). 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. We are responsible for enforcing Title IX of the Education Amendments of 1972 and its implementing regulation at 34 Code of Federal Regulations Part 106, which prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title IX are protected from intimidation or retaliation by 34 CPR. 106.71, which incorporates 34 CPR. The Department of Educa?on's Mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. US. DEPARTMENT OF EDUCATION 1244 SPEER BLVD., SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695; Facsimile (303) 844-4303; TDD 1-877-521-2172 email: OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona, Colorado, New Mexico, Utah, Wyoming May 12, 2011 Dr. Nancy Barcel?, President Northern New Mexico College 92] N. Paseo de O?ate Espa?ola, NM 87532 Re: Northern New Mexico College OCR Case Number: 08?1 l-2125 Dear President Barceloreceived a complaint alleging the College discriminated against a student on the basis of sex. We have determined that we have the authority to investigate this complaint consistent with our complaint procedures and applicable law. Speci?cally, the complainant alleges 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009 (continuing violation). 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010 (continuing violation). . The College retaliated against the complainant by: instructing her to attend a face-to- face meeting with the student alleged to have sexually assaulted her and two other students (November 17, 2010); by intimidating and coercing her so she would not ?le a sexual harassment complaint (November 18, 2010); by accusing her of cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint (December 6, 2010); and by coercing her not to enroll in CI (January 7, 201 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. D) We are responsible for enforcing Title of the Education Amendments of 1972 and its implementing regulation at 34 Code of Federal Regulations Part 106, which prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title lX are protected from intimidation or retaliation by 34 CPR. 106.7]. which incorporates 34 C.F.R. The Department of Education ?5 Mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 President Barcelo As a recipient of Federal ?nancial assistance from the Department, the College is subject to these laws and regulations. Additional information about the laws OCR enforces is available on our website at Because we have jurisdiction and the complaint was filed timely, we are opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that we have made a determination with regard to their merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. Please read the enclosed document entitled Complaint Processing Procedures? which includes information about 0 complaint evaluation and resolution procedures; 0 Regulatory prohibitions against retaliation, intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. We intend to conduct a prompt investigation of this complaint. The regulation implementing Title VI, at 34 C.F.R. 100.6(b) and requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. In order to reach an ef?cient and timely resolution to this matter, we are providing you an opportunity to present the College?s response to these allegations and to submit supporting documentation. We have also determined that the information itemized in the enclosed ?Data Request? is necessary to initiate resolution. We request that this information reach our of?ce as soon as possible but no later than May 27, 201]. If any of the required items are available to the public on the lntemet, you may provide the website address. You may also send documents to us by email to jim.long@ed.gov or by fax to (303) 844-4303. Because email is not reliably secure, please do not email any document that contains personally identifiable or private information. If our investigation establishes that there has been a violation of law, we will attempt to negotiate a remedy. If we are unable to secure appropriate remedial action, we must initiate formal enforcement action by commencing administrative proceedings seeking the termination of Federal funds to the College or a referral to the Department of Justice. These enforcement Page 3 President Barcelo procedures will be initiated only ifa violation is found and then only if we are unable to negotiate voluntary remedial action. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title are protected from intimidation or retaliation by 34 CPR. 106.71, which incorporates 34 C.F.R. Thank you for your cooperation in this matter. In addition to the information requested above, we may need to request additional information and interview pertinent personnel. If an on-site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. Please notify us of the name, address, and telephone number of the person who will serve as College?s contact person during the resolution ofthis complaint. We would like to talk with this person as soon as possible regarding this matter. We will continue to address letters to your attention with a courtesy copy to the College's designated contact. We are committed to prompt and effective service. If you have any questions, please contact me at (303) 844-6299 or by email atjim.long gyedgov. James D. Long, Jr. Senior Attorney Enclosures Data Request and Complaint Processing Procedures" Data Reguest Of?ce for Civil Rights case number: 08-11-2125 Recipient: Northern New Mexico College Complainant: We request that this information reach our of?ce as soon as possible but no later than May 26, 2011. If any of the required items are available to the public on the Internet, you may provide the website address. You may also send documents to us by email to jim.long@ed.gov or by fax to (303) 844-4303. Because email is not reliably secure, please do not email any document that contains personally identi?able or private information. Please ensure that your response items are keyed to the following numbers. I. 2. A copy of the College?s designation of a Title IX coordinator. 34 CPR. Please explain where this information is published for students, employees, and third parties. A copy of the College?s Title IX grievance procedures. 34 CPR. Please include copies any complaint forms or other forms used for the ?ling and processing of sexual discrimination (including sexual assault and harassment) grievances/complaints. Please explain where the procedures and forms are published for students, employees, and third parties. A copy of the College?s Title IX notice of non-discrimination policy, with explanation of the locations where it is published. 34 C.F.R. 106.9(a) and A copy of all correspondence with the complainant concerning her complaints of sexual harassment or assault and retaliation. A copy of all documentation or corre ndence related the complainant?s sexual harassment complaint to Dr. lame); ?90(0) concerning a Mr. Please include documentation of any investigation or resolution of this comp amt. A copy of all documentation or correspondence related to the com lainant?s fall 2010 and continuing sexual harassment/assault complaints to Dr. and others Dean Montoya, Dean Or Schm' I President Barcelo, et cetera) concerning a land a (W7 Please include documentation of any investigation or resolution of these comp .u u. I -rs made against the same two individuals by other students. An explanation of the actions taken by the College?s Title IX coordinator in response to the complainant?s sexual harassment/assault and retaliation complaints. The names and contact information for any witnesses who can provide relevant information . -- allegations, speci?cally the personnel named i - . Ms. the College?s Human Resources Director, Dr. (W7 and Mr. A discussion of appropriate policies and procedures can be found in the attached ?Dear Colleague" letter. issued by the Assistant Secretary for Civil Rights. Your attention is directed in particular to the discussion beginning on page 8. 2 You can ?nd a copy of the Department?s Revised Sexual Harassment Guidance: Harassment of Students by School Employees. Other Students, or Third Parties at: U.S. DEPARTMENT OF EDUCATION 1244 SPEER BLVD., SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695; Facsimile (303) 844-4303: TDD 1-877-521-2172 e-mail: OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona, Colorado. New Mexico. Utah, Wyoming May 12, 201 Dr. Nancy Barcelo, President Northern New Mexico College 921 N. Paseo de O?ate Espa?ola, NM 87532 Re: Northern New Mexico College OCR Case Number: 08-11-2125 Dear President Barcelo: On May 4, 2011, we received a complaint alleging the College discriminated against a student on the basis of sex. We have determined that we have the authority to investigate this complaint consistent with our complaint procedures and applicable law. Speci?cally, the complainant alleges l. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009 (continuing violation). 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010 (continuing violation). 3. The College retaliated against the complainant by: instructing her to attend a face-to- face meeting with the student alleged to have sexually assaulted her and two other students (November 17, 2010); by intimidating and coercing her so she would not ?le a sexual harassment complaint (November 18, 2010); by accusing her of cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint (December 6, 2010); and by coercing her not to enroll in CHEM (January 7, 2010). 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. We are responsible for enforcing Title IX of the Education Amendments of 1972 and its implementing regulation at 34 Code of Federal Regulations Part 106, which prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint, participating in an investigation. or asserting a right under Title IX are protected from intimidation or retaliation by 34 C.F.R. 106.71, which incorporates 34 CPR. The Department of Education ?5 Mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 President Barcelo As a recipient of Federal ?nancial assistance from the Department, the College is subject to these laws and regulations. Additional information about the laws OCR enforces is available on our website at Because we have jurisdiction and the complaint was ?led timely, we are Opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that we have made a determination with regard to their merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. Please read the enclosed document entitled Complaint Processing Procedures? which includes information about 0 complaint evaluation and resolution procedures; 0 Regulatory prohibitions against retaliation, intimidation and harassment of persons who ?le complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. We intend to conduct a prompt investigation of this complaint. The regulation implementing Title VI, at 34 C.F.R. 100.6(b) and requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 106.71. Pursuant to 34 C.F.R. 100.6(0) and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. In order to reach an ef?cient and timely resolution to this matter, we are providing you an opportunity to present the College?s response to these allegations and to submit supporting documentation. We have also determined that the information itemized in the enclosed ?Data Request? is necessary to initiate resolution. We request that this information reach our office as soon as possible but no later than May 27, 2011. If any of the required items are available to the public on the Internet, you may provide the website address. You may also send documents to us by email to jim.long@ed.gov or by fax to (303) 844-4303. Because email is not reliably secure, please do not email any document that contains personally identi?able or private information. If our investigation establishes that there has been a violation of law, we will attempt to negotiate a remedy. If we are unable to secure appropriate remedial action. we must initiate formal enforcement action by commencing administrative proceedings seeking the termination of Federal funds to the College or a referral to the Department of Justice. These enforcement Page 3 President Barcelo procedures will be initiated only ifa violation is found and then only if we are unable to negotiate voluntary remedial action. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title are protected from intimidation or retaliation by 34 CPR. 106.71, which incorporates 34 C.F.R. Thank you for your cooperation in this matter. In addition to the information requested above, we may need to request additional infomtation and interview pertinent personnel. If an on-site visit is determined to be necessary. you will be contacted to schedule a mutually convenient time for the visit. Please notify us of the name, address. and telephone number ol?the person who will serve as College?s contact person during the resolution ofthis complaint. We would like to talk with this person as soon as possible regarding this matter. We will continue to address letters to your attention with a courtesy copy to the College?s designated contact. We are committed to prompt and effective service. If you have any questions, please contact me at (303) 844-6299 or by email at jim.long@ed.gov. James D. Long, Jr. Senior Attorney Enclosures Data Request and Complaint Processing Procedures" U.S. DEPARTMENT OF EDUCATION 1244 SPEER BLVD., SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695; Facsimile (303) 844-4303; TDD 1-877-521-2172 e-mail: OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona, Colorado, New Mexico, Utah, Wyoming May 12, 201 Re: Northern New Mexico College OCR Case Number: 08-1 1-2125 Dear Ms. On May 4, 2011, we received your complaint alleging the College discrim' the basis of sex. We have determined that we have the authority to investi consistent with our complaint procedures and applicable law. Speci?cally, you allege that 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009 (continuing violation). 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010 (continuing violation). 3. The College retaliated against you by: instructing you to attend a face-to-face meeting with the student alleged to have sexually assaulted you and two other students (November 17, 2010); by intimidating and coercing you so you would not ?le a sexual harassment complaint (November 18, 2010); by accusing you of cheating and failing you in an organic chemistry course when you did ?le a sexual harassment complaint (December 6, 2010); and by coercing you not to enroll in CHEM (January 7, 2010). 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. We are responsible for enforcing Title IX of the Education Amendments of 1972 and its implementing regulation at 34 Code of Federal Regulations Part 106, which prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title IX are protected from intimidation or retaliation by 34 CPR. 106.71, which incorporates 34 CPR. The Department of Education ?s Mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. US. DEPARTMENT OF EDUCATION 1244 SPEER BLVD., SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695; Facsimile (303) 844-4303; TDD 1-877-521-2172 e-mail: OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona, Colorado, New Mexico. Utah, Wyoming May 12, 201 (bxe); (bx?c) Re: Northern New Mexico College OCR Case Number: 08-11-2125 Dear MS. IEblc On May 4, 2011, we received your complaint alleging the College discriminated against you on the basis of sex. We have determined that we have the authority to investigate this complaint consistent with our complaint procedures and applicable law. Speci?cally, you allege that 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009 (continuing violation). 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010 (continuing violation). 3. The College retaliated against you by: instructing you to attend a face-to-face meeting with the student alleged to have sexually assaulted you and two other students (November 17, 2010); by intimidating and coercing you so you would not ?le a sexual harassment complaint (November 18, 2010); by accusing you of cheating and failing you in an organic chemistry course when you did ?le a sexual harassment complaint (December 6, 2010); and by coercing you not to enroll in CHEM (January 7. 2010). 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. We are responsible for enforcing Title IX of the Education Amendments of 1972 and its implementing regulation at 34 Code of Federal Regulations Part 106. which prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling a complaint. participating in an investigation. or asserting a right under Title IX are protected from intimidation or retaliation by 34 CPR. 106.7], which incorporates 34 CPR. The Department of Education?s Mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. ?mm: Page 2 MS. As a recipient of Federal ?nancial assistance from the Department, the College is subject to these laws and regulations. Additional information about the laws OCR enforces is available on our website at Because we have jurisdiction and the complaint was ?led timely, we are opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that we have made a determination with regard to their merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant. the recipient. and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositivc of the allegations, in accordance with the provisions of Article of the Case Processing Manual. We intend to conduct a prompt investigation of this complaint. The regulation implementing Title VI, at 34 C.F.R. 100.6(b) and requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 106.71. Pursuant to 34 CPR. 100.6(c) and 34 CPR. 99.3 of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identifiable records without regard to considerations of privacy or con?dentiality. If our investigation establishes that there has been a violation of law, we will attempt to negotiate a remedy. If we are unable to secure appropriate remedial action, we must initiate formal enforcement action by commencing administrative proceedings seeking the termination of Federal funds to the College or a referral to the Department of Justice. These enforcement procedures will be initiated only if a violation is found and then only if we are unable to negotiate voluntary remedial action. We are committed to prompt and effective service. If you have any questions, please contact me at 303-844-6299 or by email at jim.long@ed.gov. Sincerely, es D. Long, Jr. Senior Attorney U.S. DEPARTMENT OF EDUCATION 1244 SPEER BLVD., SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695; Facsimile (303) 844-4303; TDD 1-877-521-2172 DEPAWEWQN OFFICE FOR CIVIL RIGHTS DENVER OFFICE WESTERN DIVISION Arizona, Colorado, New Mexico. Utah, Wyoming May 5, 2011 Re: Northern New Mexico College Case Number: 08-11-2125 Dear MS We received your complaint on May 4, 201 1. We are doing an initial evaluation of your complaint to determine if we have suf?cient information and legal authority to allow us to take action on your concerns. If we need additional information to enable us to proceed with your complaint, we' will notify you. We anticipate completing our initial evaluation of your complaint within 30 days of receipt. As soon as we complete our evaluation, we will inform you either: that we are proceeding with the complaint allegations, or 2) that we are closing your complaint, and the reason, or 3) that we need additional information before we can proceed. If we need additional information, we will notify you of the information needed. You will have 20 calendar days from the date of the letter to respond. We have enclosed information about our complaint resolution procedures. This document provides more detail about OCR's initial complaint evaluation process, as well as the options for resolving your complaint if we determine it is appropriate to proceed. Also enclosed is one copy of the "Notice About lnvestigatory Uses of Personal Information." and two copies of our consent form. The form, which concerns the Privacy Act of 1974, protects you against unauthorized use and disclosure of personally identifiable information by any Federal agency and gives you the right to obtain this information from this agency. In the event we accept your complaint for further processing, we may need to give your name to the institution and to persons who may have information about your complaint. Please complete, sign, and date one copy of the consent form and return it to us. A self-addressed envelope has been provided for your convenience. You do not need to provide two copies of the consent form, especially if you have already mailed one into our of?ce. It is necessary that our of?ce receives your consent form within 20 calendar days from the date of this letter or your complaint may be administratively closed. . a I I 0 war. A - umame Date When contacting our of?ce, it would be helpful if you would please refer to the case number mentioned above. We want you to feel very comfortable working with our of?ce, so if you have any questions or concerns about any of our procedures, please contact our Customer Service Team, at (303) 844-5695. Sincerely, Linda McMichael Administrative Assistant Enclosures ATT: JAME LONG United States Department of Education Of?ce for Civil Rights l244 Specr Blvd. Suite #300 '1 I - .- Denver.Colorado 80204-358- i I I 2? CONSENT FORM- FOR USE OF PERSONAL INFORMATION Complainant?s Name (print or type): Institution Against Which Complaintll Please sign and date Section A, section or section and return to the above address: have read the section, "lnvestigatory Uses of Personal information" in the OCR document "lnfonnutiunczi?hnut )ttll's Complaint Processing Procedures." which explains OCR's use of personal information. understand tit-cs. the l?tiV'atC) Azt of 1974, U.S.C. 5528, and the Freedom of information ACI (FOIA), U.S.C. 552, govern the use of personal information submitted to all Federal agencies and their individual components, including OCR. I will cooperate with investigation and complaint resolution activities undertaken on my behalf. 1 understand that my failure to cOOperate with investigation may result in the closure of my complaint. A. I give OCR my consent to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led) to the institution alleged to have discriminated, as well as other persons and entities outside if OCR. in the WWmforcemem activities, ?nds it necessary not give OCR my consent to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led). i understand that OCR may have to close this complaint if OCR is unable to proceed with an investigation without releasing my identity (and/or that of my minor child/ward on whose behalf the complaint is tiled). Signature Date C. Alternatively, if you are not ?ling this complaint on your own behalf or on behalf ol'your own minor child! word. you are responsible for obtaining written consent from the person on whose behalf the complaint is ?led orminor, that person?s parent] guardian. have read this document. and I agree with the person who filed this complaint. wish you it? pruecuc with investigation and resolution process. I give my consent for OCR to reveal my identit} (and/or that of my minor child/ward on whose alf the complaint is ?led) to other perSOns to the extent ft): lil'.? punt-331' of re: or investigation of thi ninth)? United States Department of Education Of?ce for Civil Rights 1244 Spec: Blvd. bun:- #300 Denver. t?olorado 80204-3582 CONSENT FORM- FOR USE or PERSONAL INFORMATION Complainant's Name (print or type): Institution Against Which Complaint Please sign and date section A, seetio I have read the section, "lnvestigatory Uses of Personal Information" in the OCR doeux out "information about UCR's Complaint Processing Procedures." which explains OCR's use of personal information. 1 understand tltat the Privacy Act of'1974. 5 U.S.C. 55221. and the Freedom of information (FOIA). 5 U.S.C. 552. govern the use of personal information submitted to all Federal agencies and their individual components. including OCR. I will cooperate with investigation and complaint resolution activities undertaken on my behalf. I understand that in} failure to cooperate with investigation may result in the closure of my complaintconsent to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led) to the institution alleged to have discriminated, as well as other persons and entities outside if OCR. in the ircement activities, finds it necessary to do so. (who) 3a? UK B. I do not give OCR my consent to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led). i understand that OCR may have to close this complaint if OCR is unable to proceed with an investigation without releasing my identity (and/or that ofmy minor child/ward on whose behalfti complaint is filed). Signature Date Alternatively. ifyou are not filing this complaint on your own behalf or on behalf ol'your own minor child.? ward. you are responsible for obtaining written consent from the person on whose behalf the complaint is ?led orminor. that person?s parent/ guardian. have read this document. and I agree with the person who filed this complaint. i wish you lt- proceed With (Mill's investigation and resolution process i give my consent to: OCR to reveal identit) (and/or that of my minor child/ward on whose - or investigation oftiti. persons. to the extent necessar} for the purpose of resolution l)ate McMichaeI, Linda I 1 I 9/ From: Sent: 9 AM To: lame); (WHO) OCR Denver Subject: ec ronic omp ain mission PLEASE DO NOT REPLY TO THIS E-MAIL. THIS E-MAIL ADDRESS IS USED BY DEPARTMENT OF EDUCATION AUTOMATED SYSTEMS AND IS NOT MONITORED. Your complaint with the Office for Civil Rights, a copy of which is reproduced below, has been automatically forwarded to the following of?ce for review: Office for Civil Rights/ED Denver Office 1244 Speer Boulevard, Suite 310 Denver, CO, 80204-3582 So that we can best assist you, we call your attention to the following: 1. If you need to communicate with OCR regarding your complaint before you are contacted directly, please do not reply to this message, which would result in your reply going to a send-only server address. Instead, please direct your correspondence to the above of?ce at OCR.Denver@ed.gov. 2. If you need to modify or supplement your complaint, please do not use the complaint form to submit another complaint with the new information. Instead, you may simply send an email to the of?ce that has your complaint. Filing duplicative complaints may impede our ability to review your concerns in a timely manner. (If you have a separate complaint involving other matters, you may of course use this form to submit it.) 3. Remember that before OCR can process your complaint it must receive at the above address a signed copy of the Office for Civil Rights Consent Form, which you can obtain at 4. It is recommended that you print a copy of this message and retain it for your records. The following information has been sent to the specified of?ce: OCR COMPLAINT FORM 1. Enter information about you. Your First Name: (bxe); Your Last Name: Egg): Your Address: (bxs); (W7 - - City. - State. Code. (bxnc) Best Time to Call You: DAY Primary Phone No: (bxe); (WHO) Alternative Phone (bx?c) Your Email Address: (bxe); (who) 2. Who else can we call if we cannot reach you? Contact's Name: Daytime Phone (mam) Relationship to you: uncle 3. Who was discriminated against? 4. What institution discriminated? Institution Name: Northern New Mexico College Address: 921 Paseo de Onate City: Espanola State: NM Zip Code: 87532 School or department involved: Biology, Dean of Student Servi 5. Have you tried to resolve the complaint through the institution's grievance process, due process hearing, or with another agency? Yes Agency Name: Dean of Student Services-NNMC Date Filed: 12/03/2010 Status: The Dean of Student Services has not taken action against the discrimination and retaliation of The instructor did react when and two other female students reported sexual assault that a male stu en had done in an Organic Chemistry class (CHEM 301 CHEM 301L) of this instructor. 6. Describe the discrimination OCR enforces regulations that prohibit discrimination on the basis of race, color, national origin; sex; disability; and/or age. All that apply: retaliation you ?led a complaint or asserted your rights Why you believe the discrimination was because of race, sex, disability, or whatever basis you indicated above or why you believe the action was retaliatory. Friday, January 7, 2011, Dr. Mellis Schmidt, Dean of the College Arts and Sciences, sent an email to me asking that I drop the Organic Chemistry II (CHEM 302 CHEM 302L) I was registered for this Spring 2011 semester. Dr. Schmidt contacted me due to an email the instructor, Dr. Brenda A. Kuiper, had sent to her regarding my enrollment for the class. Wednesday, December 15, 2010, Ifailed me and another student, Ms. 'om the Organic Chemistry I (CHEM 301 CHEM 301L) class in which we were enrolled In. She stated that our thirc exams were identical and it was proof that we had cheated. She also said that there was only one option, "If one of you confesses, the other goes free. But the one who confesses pays the penalty." She was very harsh and did not even consider listening to our defense. Witnesses present were Mr. nd Mr. ?3an Thursday, November 18, 2010, I met with Dr. I to inform her that and two other female students, nd [(9163 Organic Chemistry I HEM 301L) needed to report sexual assault that another male student, (mam) ad done while in class. She strongly indicated that she did not want us to report the incidents to the dean and if we felt it necessary, we would have to send her an email first so she could warn Mr. After this incident with Drhe was indifferent towards me. I feel that the discrimination of forcing me to drop the CHEM 302 class and the retaliation of failing Ms and I from CHEM 301, were because of reporting Mr. ctions to the Dean of Student Services and the Espanola Police Department. Dr is now the Interim Director of the Biology Dept. and I strongly feel that she will continue to discriminate towards me based on her recent actions. I have spoken with President lWice-President 7 fStudent Services-Frank Orona, Director of Human Resources and Chief of Staff Et Northern New Mexico College about the issues with I have not heard a response from the college regarding how they will address these issues. In regards to the perpetrators of the sexual harassment, Mr. who affected Ms. Ms. and and Mr. who only affected me and which I did report as well, Dean Frank Orona did state that he would expel em on We nesda December 8, 2010. Now this Spring 2011 semester, they have been allowed back onto to campus. MsI(b)(6); I, Msl(b)(6)i land I did witness this action of expulsion to the individuals by the Dean Orona, including an Es anola Police Department Officer, Mr. Jeremy Apodaca. I have even had to obtain a restraining order against Mr. 5 well. In a recent case of sexual assault involving two other female students, the college has taken action on the perpetrators, all of which has been directed by Dean Orona. The staff of Northern New Mexico College is very inconsistent and has lied about the actions taken against these individuals. I have desperately tried in my best efforts to resolve these issues and nothing has been done. 7. Your complaint must be ?led within 180 days of the discriminatory action When did the last act of discrimination occur? Enter the date: 01/07/2011 Are you requesting a waiver of the 180-day ?ling time limit for discrimination that occurred more than 180 days before the ?ling of this complaint? No. 8. What would you like the institution to do as a result of your complaint - what remedy are you seeking? I want Northen New Mexico College to reprimand Dr. by termination or at the very least demote her from Director of Biology. They need to follow through with the expulsion of Mr. and Mr. . 5 stated by Dean of Student Serives-Frank Orona on 12/08/2010. Do you have written information that you think will help us understand your complaint? Yes Long, Jim From: I Sent: Thursday. July 21, 2011 2:13 PM To: Long, Jim Subject: Re: Follow-Up on College?s Data Response Attachments: Restraining Order App pg1.jpg; Restraining Order App p92.jpg; Restaining Order App p93.ij; Restraining Order App pg4.jpg; TRO pg1.jpg; TRO ng.jpg; TRO Return of Service.jpg; Restraining Order pg1.jpg; Restraining Order p92.jpg Mr. Long, Please excuse the delayed response. currently I am ?nishing the summer semester. Attached are copies of the Restraining Order af?davit, Temporary Restraining Order (TRO), TRO Return of Service and Permanent Injunction and Restraining Order. If there is any other information required, please inform me. My responses are as follows: 1. Dr. ndicated that Ms. and I had been through enough in dealing with the sexual assault. After speaking with Dr. Anthon Sena, rovosr nd Vice-President. she decided to overturn Dr. failing grades. Dr. Schmidt assured Ms. land 1 that we would be appropriately graded. 2. At this time I do not know if Mr. is currently a student at Northern New Mexico College (NNMC). Although due to his recent arrest for drug distribution and possession of ?rearms, he may not be present in the following school semester pending federal charges. The last 0 niacLLrecemed from NNMC regarding the status of Mr. Wand Mr. was on Monday, Ma 2, 2011, when Ms. responded to an email I sent to President Barcelo. Ms. (b stated that Mr. Iwas not allowed on campus and he would be asked to leave or escorted if found on campus. he said that Mr. was not enrolled for classes and if found campus and if he posed a threat to myself or any other students, he would be asked to leave or escorted off campus. 3. The assertion by NNMC indicating that Mr. and were friends and engaged in "horseplay" is absurd. This information is inaccurate and completely false. We have never had any kind of friendship. I have never engaged in any form of "horseplay," jesting or physical contact with Mr. The only physical contact I have ever encountered by Mr. was on Tuesday, October 26, 2010 when he grabbed and squeezed the inner thigh of my left le in the chemistry lab. This contact was unwanted and was sexual assault. not "horseplay" as stated by NNMC and Mr. I strongly indicated that it was unwelcome by stating, ?Don't Touch Me!" As for witnesses, the assault occurred during class time in front of my classmates and Dr. did observe my reaction. There are other classes I have attended with Mr. in which the instructor obser (bx? immoral behavior. Speci?c names of instructors would include the following: Dr. (WHO) lame) (W .- students at 0 have - - - -- teractions with Mr. gb2g62 are as follows: Ms i Ms. mail Ms. and Mr. W6), (W0 4. In the meeting with President Barcelo on April 20, 2010, she appeared to be concerned and listened intently to the information of events that occurred in reference to the sexual assault harassment, discrimination and retaliation. President Barcelo indicated several times that Mr. Wand Mr. had both been expelled and the issues were addressed. She was in fact surprised that Mr. was present on campus at the time, even after the incident in Spring of 2008 when he ?red a firearm at another student while on NNMC campus. President Barcelo was adamant to inform eve one re atedly that Mr. and Mr. were both expelled. She even con?rmed the information with Ms. Chief of Staff, and Ms. Director of Human Res nd they all agreed that both individuals were expelled. President Barcelo assure us at she would have Ms start an evaluation of the investigation that Dean Frank Orona had supposedly conducted. She also stated that the college would appropriately address the issues and reprimand the individuals in violation of school policy accordingly. President Barcelo did state that the investigation process would take time and said they would have an answer by the end of the Spring 2011 semester. On Thursday, April 28, 2011, I met in her of?ce to inquire the status of the investigation. after not receiving a response from NNMC. Ms (b was un 'endly and defensive as i uestioned the results of her evaluation. She was also unfamiliar with the information of my complaint. According to Ms. Mr. and Mr. would not be expelled until she contacted the Espanola Police Department and in ervnewed the other female students. The information was inconsistent with the information President Barcelo relayed to everyone present in the meeting on Wednesda April 20, 2011, including Ms. leho had agreed with the president. did roceed to interrogate by asking me questions about my relations to Mr. and Mr. what Mr. physical appearances and if I knew of their personal relationship statuses. She accused that Ms. sand I did not inform Mr. that the sexual assault was unwanted. informed Ms. Wthat vi - inica - he physical contact was unwelcome. I later sent an email to President Barcelo on Thursday, April 29, 2011 to ma his). iicting information I had received from Ms. On Monday, May 2. 2011, I received a response from Ms (hvwh in reference to my inquiry to President Barcelo, (previously I have forwarded this correspondence to OC . -- - - witnesses present in the meeting on Wednesday. April 20, 2011 with President Barcelo, Ms. Wand Ms. re as follows: VA 6; 7(0) . Student Mr. father Mr. (bx? -my uncle I Mr. (C) Pharmacist and work supervisor. (also present on Wednesday, December 15, 2010 when Dr. fa" nd (bun Ms student and President student 5. The contact information for Officer Apodaca is as follows: Of?cer Jeremy Apodaca - City of Espanola Police Department Address: 13160 Calle Adelante Espanola. NM 87532 Email: Phone: 505-747-6004 Supervisor: Lieutenant Christian D. Lopez Email: Phone: 505-747-6005 6. Witnesses to Interview: Name Phone Email address Lt. Christia_n D. Lopez 505-747-6005 Thank you. (bxe); (bx?c) On Thu, Jul 14. 2011 at 10:10 AM, Long, Jim wrote: Msloxe); I have received the College's supplemental data response and need to give you the opportunity to respond to a few items. Please provide any comments you wish to the following (if you don?t have a response, that?s 1. When Dr. Schmidt overturned your and Ms (W7 hemistry grades, did she give any reason she was doing that? 2. I have re flicting information regarding current status?do you know whether he is currently a student at 3. lege asserts that md Ms. had a history of being men s, and there were several instances where they both engaged in physical ?horseplay? with each other that had not previously generated complai . the investigation indicated did not know of [Ms. objections to any contact] and was comp etely surprised by the characterization ofhis actions as improper or unwanted. He also insisted that the contact was not inherently improper and had been consistent with their past interactions." Do you have any comment?any speci?c facts or witnesses who could address this assertion would be helpful. 4. The following is a description of a meeting you report you had with President Barcelo. Is this an accurate description of the meeting as you remember it? Is there anyone else I could interview who could tell me their recollection of the meeting? 5. Do you have Of?cer Jeremy Apodaca?s contact information? Ms (bxe); I recognize that the past year has en very dif?cult for you on many levels and for many reasons. We sincerely appreciate your continued cooperation with our investigation. Jim Long James D. Long, Jr. Of?ce for Civil Rights U.S. Department of Education 1244 Speer Blvd., Ste 300 Denver, CO 80204 303-844-6299 (of?ce) 303-844-4303 (fax) iim.long@cd.gov This message and any attachments are for the designated recipient only and may contain con?dential, privileged or proprietary information. If you have received it in error, please notify the sender immediately and delete the original and any copy or printout. Unintended recipients are prohibited from making any other use of this message. ED First Hm r31 - IRST JUDICIAL DISTRICT COURT Court TATE OF NEW MEXICO FEB 0 212011 a, IOUNTY OF Santa Fe, Los Alamo@ Sam Wm magi-,1 L05 Names Counties (bxe); Fm No. \mllq ?00 I TEMPORARY RESTRAINING ORDER THIS MATTER came before the Court on Application and the Court, being 'ully advised, FINDS: 1. Immediate and irreparable injury will result to the Plaintiff if a restraining )rder is not issued immediately as requested by Plainti??. 2. No notice need be given to Defendant as required by the Rules of Civil ?rocedure. 3. There are good grounds to show a preliminary injunction may be needed this case. 4. This order shall be effective for a period of ten days unless extended or nodi?ed. IT IS THEREFORE ORDERED that: Defendant not threaten, harm, alarm or annoy Plainti??. Defendant not threaten, harm, alarm or annoy Plaintiff or Plaintiff 5 family and household as named here: Defendant stay at least <10 yards away ?'om Plaintiff and ?om Plaintiff?s residence, workplace and childrens? school. ?age Zfl?cmporary Restraining Order Defendant not telephone Plaintiff or contact Plaintiff in a either directly or through others; Defendant not block Plaintiff in public places or roads; Further, Defendant is ordered not to do the following: IS FURTHER ORDERED that Defendant appear and show cause before Temporary Restraining Order should not be extended or a preliminary i1 577mm . Plating ram ts by appearing before the Court at the W5 use, ew Mexico as follows: Date: i Time: A 1 the Courtroom of the Honorable Judge District Jud Date Issued: Ll?fll Time Issued: FIRST JUDICIAL DISTRICT COURT COUNTY OF RIO ARRIBA Sam I ?k STATE OF NEW MEXICO 5 . CASE NO. D-0117-CV-201100046 00(6); Plaintiff, VS. Defendant. PERMANENT INJUNCTION AND RESTRAINING ORDER THIS MATTER having come before the Court on February 16, 201 1, upon the Plaintiffs Temporary Restraining Order and the Plaintiff and Defendant having appeared in person and pro se. The Court FINDS: 1. 5. That the Defendant shall not threaten, harass, yell at, harm. alarm or annoy Plaintiff either directly or through others. That the Defendant shall stay at least 10 feet away from Plaintiff while at school. That the Defendant shall?stay at least 100 yards away from Plaintiff and from Plaintiff?s residence and workplace. That the Defendant shall not telephone. email. text message or communicate electronically in any way with Plaintiff or contact Plaintiff in any way. That the Defendant shall not block Plaintiffin public places or roads. IT IS THEREFORE ORDERED THAT: 1. That the Defendant shall not threaten. harass. Vell at. harm. alarm or annov Page 060 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 061 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page ZITRO PLAINTIFF SPECIFICALLY REQUESTS THAT THE COURT ORDER THAT: Defendant not threaten harm- alarm or annoy me or my family and household member: ,5 Defendant stay at least yards away from me, my residence, my workplace and m' childrens? school. )4 Defendant not telephone me or contact me any way; 3; Defendant not block me in public places or roads; I PLAINTIFF ALSO REQUESTS the Wendant pay me back for the costs and expens I incurred in bringing this case and for any other relief that the Court deems proper. (who) {Julia 1 i lye} tiff, being ?rst duly sworn upon my oath, depose and state that I am the a -ve-entitled cause. I have read the Application for Restraining Order.. I state the e?or'ngr?ns reof are true and correct to the best of my information and belieffixer-1"? I '1 . . 'IuSignatureas. we.) EDANDSWORN TO before me this 5? ?3 5? Expires: ind-ii?? 4 NOT PUB I FIRST JUDICIAL DISTRICT COURT STATE OF NEW MEXICO 2 RIO ALAMOS 1 A -VS.- Case 7 (J RETURN OF SERVICE STATE OF NEW MEXICO COUNTY or 12:0 Ma.? I, being duly sworn, on oath, say that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served a copy of the Application for a Restraining Order and a copy of the Temporary Restraining ORDER in said County on this date: [Signdture of I?erson Making Service a 1 0" - by delivering a c0py thereof to [check one] Respondent in person. OR I was unable to locate and serve the party. ?7 Tltle [if any] AND SWORN to before me this 4 day of :1 Boa/M"! . Judge, Notaryvor Other Of?ce: authorized to Administer Oaths ?w O?icial Title ?If service is made by the sheri? or a deputy sheri?? of a New Mexico County, the signature of the sheriff or deputy sheri?? need not be nomrized. That the Defendant shall stay at least 10 feet away from Plaintiff while at 5 That the Defendant shall stay at least 100 yards away from Plaintiff and Plaintiff?s residence and workplace. "1 nat the Defendant shall not telephone, email, text message or communica electronically in any way with Plaintiff or contact Plaintiff in any way. That the Defendant shall not block Plaintiff in public places or roads. That this order is a permanent order unless otherwise directed by the Court. DISTRICT JUDGE - a? fl', IV, 5? L. NITW MEXICO 921 North Paseo de O?ate, Espa?ola. NM 87532 (505) 747?2100 FAX: (505) 747-2180 We are an equal opportunity and affirmative action employer Long, Jim From; Sent: WNW PM To: Long. Jim Subject: RE: Of?ce of Civil Rights Investigation -- Case No. 08-11-2125 1. Before the incident that happened to me, I hadn't talked to any administration because nothing had happened to me. I have no idea what they could have been arguing about. It wasn't my business and I didn't really care. . 2. Ms.was ?rst off harassed by (W7 ot (WHO) She told about it in lab the same day tha ad grabbed my butt. thin? she said if inf . She just said that he had come around her and cupped/grabbed her breasts. 3. I honestly can't remember if I told Mr. Montoya thahad Texted me. The text said "sorry for being an ass yesterday I diagnosed with cancer." I res o'o ed, "sorry". 4. I did hear abouia?xs); past with a shooting at the school. He had shot at another student. I wasn't at northern wher that appened so I don't know too much except hearsay and what I have read on it. I had never seen john nor (b) efore that semester at northern. So I don't really know of any other incid a 5. Of?cer Apodaca was the one we talked to about ?ling criminal complaints aboutnd didn't have that much contact. He was kinda hard to get hold of. Let me know if this helps or you have more questions. Connected by on Verizon Wireless message-m- From: "Lon Jim" To: (bxnc) Sent: Wed, Jul 20. 2011 20:35:09 Subject: RE: Of?ce of Civil Rights Investigation -- Case No. 08?11-2125 have a couple of follow-up questions before I plan my interviews at the College. If you could answer the following as completely as possible, it would be most helpful. 1. Did you tell Dean Montoya that Mr. (bxe); nd Mr (bxe); ad been fighting at a time before Mr. grabbed you? If so, do you know what they were fighting about? 2. You said that Ihad told you that Mr. had touched her inappropriately, can you remember more or less exact at she said? What were Circumstances in which she told you (and others?) about this incident?where, how, who was there, etc.? 3. Did you tell Dean Montoya that Mr. Itexted you the day after you reported his touching you? If so, what did the text from Mr. say? 4. Do you know wh Fliva or Mr. (bxe); have been disciplined at the school for any offenses unrelated ll..\l7l (bxs). 'n the police department ever contact you to ask you about the incidents involving Thank you very much for your continued cooperation in our investigation. Jim Lang James D. Long, Jr. Office for Civil Rights US. Department of Education 1244 Speer Blvd., Ste 300 Denver, CO 80204 303-844-6299 (of?ce) 303-844-4303 (fax) iim.long@ed.gov This message and any attachments are for the designated recipient only and may contain con?dential. privileged or proprietary information. [fyou have received it in error. please notify the sender immediately and delete the original and any copy or printout. Unintended recipients are prohibited from making any other use of this message. Long, Jim mm: (bxe); (bxnc) Sent: Tuesday, May 10. 2011 10:47 PM To: Long, Jim Subject: FW: Grade Appeal for CHEM 301 From: Mellis Schmidt (bmc) 2011 3:30 PM Subject: RE: Grade Appeal for CHEM 301 Hello I have an email from Dr. that you are still registered for Chem 302/ for the spring semester. I thought we discussed the fact that it would not be a good idea to take the class. but substitute it for another class for your graduate requirements. I still think it would be dif?cult for all concerned for you to be in that class. I hope you will consider taking another class. Thank you Mellis Schmidt. Dean. College of Arts and Sciences Northern New Mexico College 921 Paseo de Onate Espanola. NM 87532 Ph. 505-747-2213 Fax 505-747-5421 6 - me]( Sent: Monday, December 20, 2010 3:42 PM To: Mellis Schmi Cc: Frank Orona; Subject: Grade ppea 301 Dr. Schmidt, Attached is a detailed statement for the grade appeal for CHEM 301. If you have any questions regarding the information, please let me know. I appreciate your help with this matter. Thank you, (bx?c) Thank you. (bxe); On Thu. Jul 14, 201 at 10:10 AM. Long, Jim wrote: I have received the ollege?s supplemental data response and need to give you the opportunity to respond to a few items. Please provide any comments you wish to the following (if you don?t have a response, that?s 1. . - Schmidt overturned your and Ms chemistry grades, did she give any reason she was doing that? 2. Ihave rec flicting information regarding Mr. current status?do you know whet er is currently a student at 3. lege asserts that and MS. ere 1ad a history of being friends. and were several instances where they both engaged in physical 'horseplay? with each other that had not previously generated compla' the investigation indicated uni? did not know of [Ms. objections to any contact] and was comp ete surprised by the characterization of his actions as improper or unwanted. He also insisted that the contact was not inherently improper and had been consistent with their past interactions.? Do you have any comment?any speci?c facts or witnesses who could address this assertion would be helpful. 4. The following is a description of a meeting you report you had with President Barcelo. Is this an accurate description of the meeting as you remember it? Is there anyone else I could interview who could tell me their recollection of the meeting? 5. Do you have Of?cer Jeremy Apodaca?s contact information? Ms. recognize that the past year has been very dif?cult for you on many levels and for many reasons. We sincerely appreciate your continued cooperation with our investigation. Jim Long James D. Long, Jr. Of?ce for Civil Rights US. Department of Education 1244 Speer Blvd., Ste 300 Denver, CO 80204 303-844-6299 (of?ce) 303-844-4303 (fax) jim.l0ng@ed.gov This message and any attachments are for the designated recipient only and may contain confidential, privileged or proprietary information. If you have received it in error. please notify the sender immediately and delete the original and any copy or printout. Unintended recipients are prohibited from making any other use of this message. Lon From: (We) Sent: ednesa ay1 2011 1137 AM To: Long, Jim Subiecl: Re ornce for CNH Complaint No 05112125 Mr. Long, I appreciate your consideration. Tomorrow 1 will lie available first thing in the morning at 3 AM till 12 PM, my last Finals are at 2 PM and a PM. Thank on a n5, Jim wrote: Let's put this off until tomorrow, I would rather you be able to Focus on your calculus test right now Let me know a good time for tomorrwt Jim Long pram; Sent: enesay, ay - To: Long, Jim Subject: Re: Office for Civil Rights Complaint No. 08111125 Mr. Long, I have an exam for :alculus at 4 PM todayi Otherwise, I am available before 1 pm, as '11 be preparing for my exam. You can reach me on no can Thank you. (W5) On s/(bxfi) (W7 g, Jim wrote: 5 Thank you for your prompt and complete response. 1 would like to speak with you today, if at all possiblel I would like to move Forward quickly with your complaint for a number or reascnsi IF there is a convenient time, please let me know, otherwise I will try to ream yuu a little later this warning. Jim Long Sent From my mbile device Sent from my mobile device Long, Jim mm, Sent: Thursday, July 21, 2011 2:13 PM To: Long. Jim Subject: Re: Follow-Up on College's Data Response Attachments: Restraining Order App pg1.jpg; Restraining Order App ng.jpg; Restaining Order App pg3.jpg; Restraining Order App pg4.jpg; TRO pg1.jpg; TRO p92.jpg; TRO Return of Servicejpg; Restraining Order pg1.jpg; Restraining Order ng.jpg Mr. Long, Please excuse the delayed response, currently I am ?nishing the summer semester. Attached are copies of the Restraining Order af?davit, Temporary Restraining Order (TRO), TRO Return of Service and Permanent Injunction and Restraining Order. If there is any other information required. please inform me. My responses are as follows: 1. Dr. Schmidt ind speaking with Dr. Schmidt assured Ms. ii; 2. At this time I do not know if Mr. is currently a student at Northern New Mexico College (NNMC). Although due to his recent arrest for drug distributi possession of ?rearms, he may not be present in he followi wg scho - - ter pending federal charges. The last cc ntactl received ?rom NNMC regarding the status Monday, 11, when Ms. esponded to an email I sent to President Barce 0. Ms. was not allowed on campus and he would be asked to leave or escorted if found on campus. She was not enrolled for classes and if found campus and if he posed a threat to myself or any other asked to leave or escorted off campus. - nd I had been through enough in dealing with - - . . assault. After and Vice-President, she decided to overturn Dr. ailing grades. Dr. and I that we would be appropriately graded. students, he wou 3. The assertion by NNMC indicating that Mr. nd were friends and engaged in "horseplay" is absurd. This information is inaccurate and completely false. av - - - ad any kind of friendship. I have never engaged in any - -- - "horseplay," jesting or physical contact with Mr. The only physical contact I have ever encountered by Mr. as on Tuesday, October 26, 2010 when he gra co and squeezed the inner thigh of my left le in the chemistry lab. This contact was unwanted and was sexual assault, not ?horseplay? as stated by NNMC and Mr. I strongly indicated that it was unwelcome by stating, "Don't Touch Me!" . As for witnesses, the assault occurred during class time in front of my classmates and Dr. did observe my reaction. There are other classes I have attended with Mr. which the instructor - - - - Ie observed his immoral behavior. Speci?c names of instructors wou include the followi and Dr. Names of studen .teractions with re as owshave 0 Ms. and Mr. 4. In the meeting with President Barcelo on April 20. 2010. she appeared to be concerned and listened intently to the information of events that occurred in reference to al assault harassment, discrimination and retaliation. President Barcelo indicated several times thatC and Mr. ad both been expelled and the issues were addressed. She was in fact surprised that Mr 0 6 resent on campus at the time, even after the incident in Spring of 2008 when he ?red a ?rearm at another student while on NNMC campu President Barcelo was adamant to inform - - - - - - or - - ly that Mr. an re both expelled. She even con?rmed the information with Ms hief of St . Director of Human Resources. and they all agreed that both in lVlua were expelled. President Barcelo assured us that she would have Mszb?EZej; an evaluation of the investigation that Dean Frank Orona had supposedly conducted. She also stated tha?: co ege would appropriately address the issues and reprimand the individuals in violation of school policy accordingly. President Barcelo did state that the investigation process would take time and said they would have an answer by the end of the Spring 2011 semest On Thursday, April 28, 2011. I met with Msl??gg?)? her of?ce to inquire the status of the investigation, after not receiving a response from NNMC. Ms. was umr ndly and defensive as I questioned the results of he: ion. She was also unfamiliar with the infor anon or complaint. According to Ms. Mr. and would not be expelled until she contacted the Espanola Police Department and mtervnewed 0 er ?emale students. The information was inconsistent with the informati President Barcelo relayed to everyone present in the meeting on Wed pril 20. 2011, including Ms. had agreed with the president. Ms. did roceed to interrogate Ly asmng questions about my relations to Mr. {?6225 and Mr. what a uses. thou l't of hysical appearan - - ?f I knew of their personal relationship She amused at Ms. Ms. nd did not inform Mr. hat the sexual assault was unwanted. I informed Ms. hat we all had indicated lhe physical contact wa - ome. I later sent an email to President Barcelo on Thursday, April 29, 2011 to clari the conflicting information I had received from Ms. On Monday, May 2. 2011, received a response from Ms.in reference to my inquiry to President 0. (previously I have forwarded this correspondence to OCR). - witnesses present in the meeting on Wednesday, April 20. 2011 with President Barcelo, and Ms. are as follows: Ms.( MZlQ?lmacLStudent Mr. 6 3 70' ther Mr. -my uncle Mr. Pharmacist and work supervisor. (also present on Wednesday. December 15, 2010 when Dr. fail and I). MS student and President Mr student 5. con ac in 'ormation for Officer Apodaca is as follows: Of?cer Jeremy Apodaca - City of Espanola Police Department Address: 1316C Calle Adelante Espanola. NM 87532 Email: Phone: 505-747-6004 Supervisor: Lieutenant Christian D. Lopez Email: Phone: 505-747?6005 6. Witnesses to Interview: Name Phone Email address Lt. Christian D. Lopez 505-747-6005 cdlopez@coepdonm.us (b)(7lc) November 8, 2010 Mr. Alfredo Montoya NNMC Dean of Student Services 921 Paseo de Onate Espanola, NM 87533 Dear Mr. Montoya, Subject: Harassment Issues I am writing you because scent and past situations I have encountered with another student. This student?s name is Mrl(b)(6)? He is and has been my classmate in four different classes, which include the following list with semesters: General Chemistry 121?Fall 2009, General Chemistry II 122?Spring 2010, Organic Chemis 301?Fall 2010 and Biochemistry?Fall 2010. Since the very ?rst class I attended with Mr. I have experienced several encounters in which he has violated my personal space, made vulgar comments, touched me inappropriately and harassed me by phone as well. In this letter I wish voice my complaints formally, giving speci?c details regarding the individual situations of harassment that have faced. I am requesting your assistance with this matter, as I can no longer continue dealing with these circumstances. ?rst started attending Northern New Mexico College (NNMC) during the summer of 2009. In the Fall of 2009, I took General Chemis (CHEM 121), and Dr. KC Chidambaram was the instructor. The initial contact I had with Mr. was in this class where he was my lab partner. He always arrived to the lab smelling like liquor. Even though he was my lab partner, he never helped me with the lab reports. After the second lab, he asked me to go out with him to the NNMC Scholarship Awards banquet I told him that was not interested and I had a boyfriend. As the semester progressed, it became time for ?nals, and he did not have his lab book completed. Dr. Chidambaram asked me to help Mr. since he was my lab partner. I agreed to help him with the data he did not asked me to. We had arranged to meet that Thursday afternoon at Dr. ce. r. never showed. Prior to our scheduled meeting time, I was in the Students Success Center, and in front of other students, Mr. told me, "When I become a gynecologist. I am going to give your daughter a pap smear she is never going to forget.? Besides the vulgar comment he made, the sick part of it all is that I don't have any kids. much less a daughter. He somehow obtained my cell phone number and called me Friday evening, Saturday morning. Saturday evening, and Sunday a?emoon. When he called me, he was drunk and insisted on meeting. I told him that I could not meet him outside of class. Alter callincl me repeatedly, I told him to leave me alone, and he later left a voicemail. In the message Mr. ,spoke in a slurred voice and said on quote, ?between me and you and chemistry, that is all I want.? To this day I still have the voicemail. which is proof of the way he harassed me. The ve next week I spoke with Dr. mm and noti?ed him that I did not want to help or work with Mum anymoreoffensive, disturbing things and how he harassed me on the phone. I also told Dr. . at when Mr. [Ml attended lab he was always intoxicated. The professor reassured me that he would talk to him and separate us if i wanted. I was relieved that I no longer had to interact with Mr. Now, a year later, the problem still persists. This fall semester I am currently enrolled in Organic Chemis CHEM 301) and much to my dismay I have come across more similar situations involving Mr. he is in this class as well. The ?rst situation that occurred was a week and half ago, Tuesday, October 26, 2010. Mr. WI approached me and tried to poke by breast with a pen. Page 2 May 10, 2011 r. When he ?rst tried. I stepped backwards avoiding his contact He then attempted to .- Pen again was furious and grabbed the pen out of his hand. Our professor Dr_ mam? ed the whole scene and saw the disgusted, angry look on my face, After Mr. old me, ?Good job avoiding that." The second incident occurred a week later Tuesday, November 2, 2010. I arrived to the chemistry lab delayed because of another class 1- - - - ed late. Everyone had formed into groups of two individuals, and I did not. rtner. Mr. en walked in late as well, and therefore, he needed a partner. I E?please let me work with another group," because I did not want to work with him. Dr. granted me permission to join another group. After Mr had settled in, he went around the room asking various students if he could join their gr faced the other direction towards the scales where was weighing a chemical product. Mri(b)(6)? Iwent behind me and poked the inner part of my arm hard with his ?nger. The area he poked was closer to my arm pit, an inch nearer and he would have touched the side of my breast I um@ and moved my elbow back to push him away. I yelled at him and said, ?Don't touch me!? Mr. aughed and asked me, ?Do you have a partner?" I said, ?Yes, I do!" There was another student, Mr. who observed what happened. Mr. Mboked at me and shook his ham. what Mr.id and he said, 'sked him if he could bear witness to .n - o. . urred and he agreed. As I soon as I caught Dr. attention, I told her about what Mr. had done to me. Dr. id that she was gorng "lave a meeting and assured me take she would take care of it After these different incidents, I strongly feel that something must be done. A year ago I dealt with the same harassmenthand. I cannot continue to endure this unwarranted treatment from another student This is sexual harassment, and it needs to stop. I request your immediate attention for this situation and entreat your intervention in this matter. I appreciate all the assistance y0u can give regarding this issue. Sincerely, December 16, 2010 (bxe); (bxnc) Dr. Mellis Schmidt Dean of College of Arts and Sciences 921 pasco de Onate Espanola, NM 87532 Dear Dr. Schmidt, I am fulltime student at Northern New Mexico College (NNMC). When I first attended NNMC in the Summer 2009 semester, as a first generation college student, this was the first opportunity I had to pursue higher education. I decided to attend college in order to accomplish the prerequisites for medical school and obtain a Bachelor of Science degree in biology. I originally intended to enroll at UNM, but due to financial circumstances I decided to enroll at NNMC. The cost was much less than UNM and attending NNMC allowed me to continue to work at my job, which provided more opportunity. Prior to this semester, Fall 2010, I have had the most wonderful experience at NNMC. From the administrative staff to the faculty, they all have provided the most welcoming, encouraging environment any student could ever experience. At NNMC the instructors are very supportive of your goals as a student and take the time to help you succeed. When I completed the placement exams upon entering the college, I placed into basic algebra and English composition 1. I was very disappointed with my difficulties in math, but I was determined to work very hard in order to excel to meet the required level for my degree. I was able to receive help froml(b)(6); the math tutor. As a result of hard work and much guidance, I just passed calculus I this semester with an This is one of the many examples I could give to demonstrate the care and interest the faculty of NNMC has for their students. Now in the Fall 2010 semester, I have been unfairly treated by an instructor, Dr. (ma who is also the Interim Director of the Biology and Chemistry Department at NNMC. The reason for this letter is to explain the situations I have encountered with this instructor. I wish to appeal my grade due to the accusations and unfair decisions this instructor has made. This semester has been very eventful. Despite the busy schedule of classes, I have also had to endure other circumstances at school as well. It all started in the organic chemistry 1 (CHEM 301) class in which I am enrolled with Dr. as the instructor. In the classroom and laboratory, I was physically, sexually harassed by two male students, Mr.nd Ire two other female students who has harassed as well. The actual accounts and details of the harassment have been recorded by the Dean of Student Services. The dates of the harassment are as follows: 9/13/10, 9/14/10, 10/26/10 and 11/2/10. I do not wish to repeat the details in this letter. When the situations first occurred, the other women and I were somewhat hesitant to report these acts to our instructor for fear of retaliation from the harassers. On October 26, 2010 we decided to report the harassment to Dr. Wand she said she was going to deal with it. I also mentioned to Dr (bxe); (mam) then Director of Biology and Chemistry, the situations that had occurred. He encouraged Msthe Dean immediately. We had attempted to go, but at our next class meeting time, Dr. approached me and asked why I had notified Dr.bout the situations. She informed me that there was no need to tell the director or go to the Dean. She strongly indicated that she was going to "handle the situation? herself. On November 8, 20101 sent a formal complaint to Mr. Alfredo Montoya, Dean of dent Services, regarding the sexual harassment involving the student, Mr. This ter resulted from Dr. who strongly urged me to do so. Finally on November 17, 2010, .conducted a meeting with Ms. Ms. Mr. and 1. She indicated at the meeting was pertaining to unacceptable behavior which had occurred in her classroom. behavior was never defined, but she demanded it must stop and announced a resolution to situation. She stated that isolation was her solution to the problem. Mr. was not to me into to contact with us in any way including communication. We could not contact him by any means including emails, text messages, calls or verbally. Dr. also noted that she was only responsible for what happened in her classroom and if anything occurred at ?our house, Wal-Mart, the coffee shop, in the halls at school, etc.,? she would not be liable. She strongly stated that she did not want this to go to the Dean. But if any of us broke her "rules", she would be forced go to the Dean. During the meeting Mr. stated that his lawyer was going to meet with the Dean Montoya and he was going to sue us for defamation of character. Because, as he put it, what we considered sexual harassment was not sexual harassment to him. I then told Mr. that I did not appreciate what he had done to me and how he had assaulted the girls. He asked me what he had done and I told him, "You grabbed my thigh in lab." He said, "It was only because you were wearing pants, you never wear pants. I thought you looked nice.? I said, "That doesn?t make it right." He got upset and said, don't need to hear all this,? and stormed out of the classroom. After the meeting the girls and I decided we needed to go to the Dean to report the harassment involving Mr. The resolution of isolation Dr. had enforced was only to prevent future occurrences, the situation had not been dealt with. We were all supposed to meet the next morning to notify Dr. that we felt it necessary to report the harassment. The girls were unable to go, so they asked me to meet with Dr. and express to her all of our concerns. I agreed to go and meet with her. I met with Dr. on November 18, 2010 and expressed to her how we all felt unsafe and threatened by Mr. I explained to her the urgency we felt to report the harassment. The meeting did not go very well. Dr. strongly indicated that she did not want us to go to the Dean. She said, "My job is to get people out of here and graduated with degrees.? I told her that I had recently learned that in situations involving harassment, the student handbook clearly states that the Dean of Student Services was to be notified immediately. She told me, "No one here is following protocol. Your go-getter do-things-b -the- book attitude is not welcomed here.? I persistently urged her that Ms. lib; go to the Dean. She told me, "You are not to go to the Dean, unless, you send me an email so that I can warn John." and I felt it necessary to I left her office upset about the ne ative attitude she had towards my concern for our safety. I spoke (bxe); (mam) (bx? I, officers of the Student Senate, and I, an advisor, about the interaction I had with the instructor. They all advised me to go to the Dean regardless of Dr. (b objection. Later that evening, my sister arrived to my house to find it broken into and everything trashed. I immediately went home and spoke with a state police officer who arrived at the scene. He asked me if there was anyone bothering or harassing me. I told him what had happened at school with Mr. and Mr. He strongly suggested that I file complaints to the Dean and with the police. I was then reassured that this was what I needed to do. The next morning, November 19, 2010, I went with Ms. (bxs); to report the sexual harassment to Mr. Montoya, Dean of Student Services. We explained to Dean Montoya that we feared Dr. would retaliate towards us, because we reported the harassment. We asked that he would see to it that our grades would not be affected. He said he would speak to Dr. I rovost, to monitor Dr. We later attempted to file a complaint with the po ice epartment. After reporting the harassment, I noticed that Dr. was indifferent towards me in class. On December 2010 we had our third exam for CHEM 30] and it was interrupted by a bomb threat. As a result we had to leave and Dr. notified the class that the exam was to continue at the Red Door coffee shop. I arrived at the coffee shop and it was busy and packed with faculty and staff from NNMC. I tried to continue taking my exam, but found it difficult to concentrate with all of the distractions in the coffee shop. The harder I tried, the worse it got and I knew I was doing terribly on the exam. 1 gave my exam to Dr. and explained to her how I couldn?t concentrate and that I was having a difficult time. She told me, "It?s not my problem; there is nothing control and it is not my fault." Dean Montoya stepped down from his position as Dean of Student Services; Mr. Frank Orona accepted the position. I decided that I needed to inform him about the report I had given Mr. Montoya. I met with Dean Orona on December 3, 2010 and he notified me he was aware of the situations and wanted to clarify everything. I repeated all of the information I had told Mr. Montoya to Dean Orona. Dean Orona sincerely expressed his concern and apologized on the behalf of the institution for how they had poorly handled the situations. He assured me that he was going to do something, because President Barcelo and the college practice? idlerance when it came to sexual harassment. I indicated my fears of retaliation from Dr bxs); and asked if there was anything he could do. He reassured me that he would do everything to help me and he would speak to Dr. Sena, the Provost. The next class period on December 6, 2010, Dr. nnounced to the class that she would allow us to correct the exams we tried to complete at the Red Door and turn them in to her on December 8, 2010. On my exam I had note which read, "See I went to see her later that afternoon and asked if she had time to meet, perhaps after my calculus class. She said it wouldn?t take that long and she would meet with me right then and there. She told me that the reason she needed to meet with me was because she noticed that my homework was perfect and that it must have been copied out of a solutions manual. I told her that I did not copy the homework, but I had worked on it with other classmates. She was very harsh and told me that my poor showing on the exam was proof that I didn't know the material and that all I knew was how to "copy things out of a book." I told her that the reason I had not done well on my exam was due to bomb threat and the environment of the coffee shop. She indicated that the class had voted on taking exams at the Red Door coffee shop in the event of a bomb threat. I realized I was not present at the time when the class vote occurred. became more direct and insistent to tell me that I had cheated on the homework. I explained that I had not copied my homework out of a solutions manual. I told her that I felt as if she was trying to intimidate me and that I did not feel comfortable with the way she was handling the situation. Then a phone call came in and Dr. told me, am expecting this call and I don?t want to talk about this anymore!? I left her office and went to calculus class. When I sat down, I broke down into tears because I was so upset that Dr. had accused me of cheating. Most of all I did not like that she had been harsh and intimidating. After class I went Chairman of Math and Science, and I told him about the interaction I had with Dr (bgazb) I was still very upset that I broke down into tears again. Dr said that he would speak to Dr. 'Iln\ . also went to Dean Orona and explained ever thing :0 him. He adv1$ed me to go to Later that evening after class, I spoke to Dr. nd told him about the situation with I expressed to him that I did not feel comfortable meeting with her because of how she treated me. He said he would talk to her. On December 14 2010, I received an email from indicating that she wanted to meet with Ms and myself. She wanted to meet on December 15, 2010 at 4:00 pm. I responded and notified her that I had a calculus exam during that time and I could only meet after 5:00 pm. I also sent another email to inquire what the purpose of the meeting was and to notify her that I was very much occupied with finishing finals. She replied that it was directly related to CHEM 301 and that we would meet at 4:50 pm. I asked Dean Orona if he could be present at the meeting. He said he was unavailable, but would send his assistant, Mr. I work supervisor, Pharmacist also said he would he atti?ii?o? meeting as well. I attended the meeting on December 15, 2010 at 5:00 pm, with Mr 53(6); (ma Ms. Kb; Dr. Dr.nd Mr. efore the meeting I turned in the take-home final to Dr. which she had assigned and was due December 15, 2010 by 5:00 pm. Dr. maotified Ms - nd I that we were both going to fail CHEM 301, because the corrections we submitted for exam were identical and that was cheating. She said that since we had worked together it was cheating and results in expulsion, but she was going to be lenient and just fail us for the class with an Dr - id not even consider grading our final exams. Dr. said that he agreed with Dr. because the exams did look the same. Dr. indicated that she had other instructors look at the exams to determine if it was cheating and she said they all agreed. I told her that I had not worked with Ms. that I had used my notes and the book to make the corrections. Ms.greed that she had not worked with me, but with a friend from work. I asked Dr. if the answers were correct or if there was something wrong with them. She answered and said that the issue was that they looked identical. She then handed the exam corrections for us to examine, including four exams from other students. We all observed the exams. I could see similarities in some of the chemical mechanisms, but the corrections were not identical. I to] that I did not agree with her accusations and repeated that I did not work with Ms. Dr. said there was only one option, "If one of you confesses, the other goes free. But the one who confesses pays the enalty.? I told her that I was not going to confess to something I did not do and agreed. I did try to explain that I felt that this was a form of retaliation since Dr. had accused me of cheating before this meeting. She immediately stated that this had nothing to do with the harassment issues. Dr. said she was not going to keep arguing "for another three hours.? I decided that I would appeal the grade. stated that she would do the same. After the meeting, I looked at the answer key Dr. had given in class for our corrected exams. All of the answers I had submitted, except one page, matched what she had given as a key. Because of the interactions I have had with Dr. I do not feel comfortable with th way she has treated me. I strongly feel that the accusations are connected with retaliation for reporting the sexual harassment. I do not understand why I am being punished for good work; I never thought I would be accused of cheating because I have the correct answers. As a biology major, I don't feel comfortable with Dr. as Director of Biology and Chemistry. The way she dealt with the harassment issues and how she tried to deter us from reporting Mr. the Dean is very disturbing. I have worked too hard for my grades to be destroyed by instructor who has impaired judgment. I wish to appeal this undeserving grade. I want to be fairly graded for the work I have completed. My academic transcript speaks for itself, I have excellent grades. I intend to finish my degree, at another university if necessary. I appreciate your consideration and request your assistance in resolving this matter. Sincerely, cc: Dr. (WW3) ean Frank Orona Tuesday, January 25, 2011 Subject: Detailed Statement Of?cer Jeremy Apodaca 4/0 City of Espanola Police Department 0/ 1316 Calle Adelante Espanola, NM 87532 My RE: Case 10-12-004?Detailed Statement On Tuesday, imately 3:40 pm, I was physically harassed by an older, male student. His name is In the Chemistry Laboratory at the Northern New Mexico College during Organic Chemistry I class (CHEM 301), I was sitting next then he inappropriately grabbed my inner thigh and squeezed it with his hand. I immedia 0 Im, "Don't touch me!? He just smiled and laughed at me. Our instructor, Dr. observed my reaction and scolded me in front of the class and said, "Pay attention, The da before, Monday, Sept 2010, a female student in our CHEM 301 class, Ms. informed me that Mr roached her from behind and rabbed her breasts in 7 0 pp 8 the classroom. She was very upset and a ran to report the assault for fear of retaliation from Mr. Since the Spring semester of 2010, Mr.has always made inappropriate comments of sexual nature to me. In the previous chemistry course I was enrolled in Spring 2010, General Chemistry II (CHEM 122), he was aggressive to other female students. He would attempt to harass the girls verbally ?7 and by phone, to go out with him. He even went as far sending pictures of his genitals to Ms. which I observed unfortunately. meesday, October 2010 at approximately 5:30 pm, another older, male student, Mr. gb) in the same CHEM 301 class, approached me in the chemistry lab and attempted to po wrote: Thank you for writing. I am a little confused. My understanding was that neither of the students involved in Case No. 8- 11-2125 was at the campus any longer, and that?in any event?neither was found to have committed any wrongdoing. I would have concluded from that that there would be nothing to appeal and nothing to have a hearing about. If that is not the case and I?ve misunderstood something, please let me know. If, on the other hand, the student is the male student involved in Case I will forward your question to Gini Martin, the attorney assigned to advise on that case. Jim From; Sent: 17, Luv r'l'l To: Long, Jim Cc: Frank Orona Subject: question on student hearing in OCR case 08-11-2125 Mr. Long, On Friday the 16th the Dean of Student service received a request from the male student involved in OCR case 08-1 1-2125 for a hearing per our Student Handbook policies. I would like to talk to you about appropriate response to this request. The policy says, notice of the student?s right to a hearing shall be given to the student(s) and should the student wish to exercise his/her right to a hearing, he/she must submit to the Dean of Student Services a signed written request within ?ve (5) working days from the time the notice or right of hearing is given to him/her." There are no other time limits expressed in the current policy. The policy in the Student Handbook further states, "lfa penalized student questions the fairness of the disciplinary action the student shall be granted, upon request, the right to a formal hearing before the Judicial Appeals Committee." It appears that we failed to provide him with notice of the right to hearing in the letter sent to him last April regarding his expulsion. We would like to know the appropriate response to his request for a hearing if we failed to give appropriate notice and whether, given OCR's involvement with this case. we must grant this hearing. Are there any other statutory limits that we need to be aware of or are there limits outside those de?ned by our Student Handbook that might apply in a case like this? Please give me a call at your convenience at 505.747.2139. Thank you. li?xe); Chlet ot Statt Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 Long, Jim From: I Sent: on ay, arc To: Long, Jim Cc: Frank Orona Subject: Re: question on student hearing in OCR case 08-11-2125 Jim, You are correct. Neither is on campus at this time. This is one of the two male students in the OCR case which we now have the Resolution Agreement in place. Frank did expel the student in question on the grounds of his admission to grabbing the Complainant on the thigh. The decision to expel the student in question was also greatly in?uenced by his past history on campus and in the community and was made with consideration for the safety and security of the campus community, students and staff alike. The student in question has a history of violence on and off campus. Ile shot at another student on campus in January of 2008 and pled guilty to the charge and was sentenced to 3 years of probation in June of 2008. He was re?admitted in 2009 after he wrote a letter of appeal to the then serving Dean of Student Services Mr. Alfredo Montoya. This same student was arrested in Espanola in June of last year during a raid upon his residence where drugs and firearms were found. I do not know if he has any current criminal charges pending against him. It is our opinion that the student in question poses a potential threat to other students, staff, and faculty members and should not be allowed back on campus. The student has not asked to be readmitted to the College since he left the campus in April of last year. The text of his letter follows. respectfully request a formal judicial appeals hearing be held regarding the sanction of expulsion place upon me on April 25, 2011 as pursuant to page 13 paragraph 3 in the Northern New Mexico College 2010-2011 Handbook. 1 request this hearing take place because I believe there was a misinterpretation of both policy and circumstantial evidence." Your thoughts are appreciated, . I On Mon. Mar 19. 2012 at 1:53 PM, Long, Jim wrote: Thank you for writing. I am a little confused. My understanding was that neither of the students involved in Case No. 8- 11-2125 was at the campus any longer, and that?in any event?neither was found to have committed any wrongdoing. I would have concluded from that that there would be nothing to appeal and nothing to have a hearing about. lfthat is not the case and I've misunderstood something, please let me know. If, on the other hand, the student is the male student involved in Case No.08-11-2104, I will forward your question to Gini Martin, the attorney assigned to advise on that case. Jim From; Sent: Vlonaay, March 19, 2012 1:37 PM To: Long, Jim Cc: Frank Orona Subject: question on student hearing in OCR case 08-11-2125 Mr. Long, On Friday the 16th the Dean of Student service received a request from the male student involved in OCR case 08-1 1-2125 for a hearing per our Student Handbook policies. I would like to talk to you about appropriate response to this request. The policy says, notice of the student's right to a hearing shall be given to the student(s) and should the student wish to exercise his/her right to a hearing, he/she must submit to the Dean of Student Services a signed written request within ?ve (5) working days from the time the notice or right of hearing is given to him/her." There are no other time limits expressed in the current policy. The policy in the Student Handbook further states, "If a penalized student questions the fairness of the disciplinary action the student shall be granted. upon request, the right to a formal hearing before the Judicial Appeals Committee." It appears that we failed to provide him with notice of the right to hearing in the letter sent to him last April regarding his expulsion. We would like to know the appropriate response to his request for a hearing if we failed to give appropriate notice and whether, given OCR's involvement with this case. we must grant this hearing. Are there any other statutory limits that we need to be aware ofor are there limits outside those de?ned by our Student Handbook that might apply in a case like this? Please give me a call at your convenience at 505.747.2139. Thank you. 7 0 [603(6): Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 Long, Jim From: Long, Jim Sent: Wednesday, March 28, 2012 11:38 AM To: Subject: RE: NNMC Attachments: NNMC Title IX Policy Rev 21Mar12 Susan, Thanks for sending the attachment for another informal look. I've made a very few minor suggestions (my copy accepts all the changes previously tracked in the version you sent me). With respect to monitoring reports to comply with the resolution agreement, let me ask that you (if you are going to be coordinating the reports) do the following. 0 Send monitoring reports as letters on College letterhead. This helps us separate monitoring reports submitted in compliance with the resolution agreement from other, less formal correspondence with the College. 0 Address explicitly in monitoring reports the portions of the agreement to which the report refers action steps, reporting requirements, etc.). in the body of the letter refer to any attachments and explain what they are intended to document attendance of faculty at a required training, reimbursement of tuition costs to complainant, etc.). If you need additional time to submit a response (beyond the requirements ofthe resolution agreement), just let me know and generally we can accommodate such requests. In the first monitoring report, for example, you'll want to explain that you are submitting for "review and approval? your Title IX grievance procedures (including non-discrimination policy and designation of Title IX coordinator) to address Action Steps the addressing Reporting Requirements a, d, k, and l. Suceeding paragraphs can address each of those action steps and reference any attachments/documentation you have included. This process enables us to easily follow the College?s efforts and track which items have been completed and to include confirmation of completion in our monitoring responses which will also be sent to you in letter format (I typically will e- mail you a copy of the letter when it is signed and mailed). I hope this information will be helpful in keeping track of the tremendous efforts I know the College is expending to comply with the resolution agreement. Please don't hesitate to contact me with any questions you may have. Jim mm: (bx7(c) Sent:? ay, 8 . To: Lon Jim Cc: Sub] Jim, Attached is the ?nal edited version of of our Title IX grievance procedures for your review. Thank you for your feedback on this document. I have incorporated the changes you proposed. For the moment I have left in a 1 footnote on page 4 that states that we are not required to have an appeal process. I will keep that in until the document if approved in its ?nal form by our executive team. In the mean time I want them to be aware that it is not required but is encouraged. I have also requested of our web master that the information on non-discrimination at: be edited to include information about the Title IX Coordinator. Rebecea Cabildo, listed on the web site, is our ADA Compliance coordinator. Our Publications department has receiving information regarding the requirements for noti?cation in college publications and will make sure that our catalogs. class schedules, application forms, recruitment materials does include the mandatory notice. Thanks. mom); lib-X6); (were) U1 Oldll Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 32.2180 Date I 1/25/09 1 1/27-29/09 9/13/10 9/14/10 10/26/10 10/26/10 11/2/10 11/4/10 11/8/10 ll/l7/10 11/18/10 11/18/10 ll/l9/10 12/1/10 LE akes inappropriate remarks to Ms. 5 in class Mrnpeatedl calls Ma Murabs Mshreast in CHEM 301 class Mrurabbed and squeezed Mathigh Mmbbed MEbutt Mrgried to poke Ms! breast with a pen MEoked Msanner breast/armpit are: Drgasked M512 to meet in Dras office to discuss incident involving Mn! Ms?es formal complaint with Dean of St A. Services (cy to 01% I?Eonducts meeting with Ms.@ Ms. and Mg MSE met again with DEC explain how uncomfortable she felt 1! tries to dissuade from reporting to the Dean of Student Services house broken into Ms. Ms. A report the sexual harassment to Dean Montoya CHEM 301 exam interrupted by bomb threat Rental t?ks Ms? has one of the voicemails he left Did she tell anyone that day or soon therea?er? She told him not to touch her Did she tell anyone that day or soon thereafter? Reported two incidents to Drgho said she would have a meeting with all involved Witnessed by ?good job avoiding that?? Witnessed by Mr? advised Msg. to ?le a formal complaint with Dean of Student Services?said she would handle situation with Materself ?why? Addressed to Dean Montoya Why not include Why never a. - ne the behavior the meeting was about? Why did a state she didn?t want the matter to go to the Dean?s of?ce? Migaid what was sexual harassment to them wasn't to him! Mraadmitted grabbing Mg thigh The?xplain they?re concerned about retaliation from Dr. lZ/l/ l0 report sexual assault(s) They reported allegedly because there had been no action involving IQ and ME to Espanola from Dean Montoya Police Department 12/3/l 0 Dean Orona noti?ed Mghe wanted to What?s his version? "clarify" everything 12/6/ I 0 Dr. gmeets with in her of?ce to Possible additional witnesses: mmProvost) and express concerns over the quality of her DMChairman of Math and Sciences) homework (felt it was copied out of the book Ms -xoresses her concerns about to Dr can OronaDean 0 resorts to Ms! Ms! Why would he report this when it was patently not true. that Mr?nd lg have been expelleo l2/ 15/ IO Meeting arran;ed I ith Dr. Possible additional witnesses: Mm??ormer ms. employee) Possible complainant witness: (pharmacist, supervisor) At meeting Minforms Muhat she and Mawill fail the exam M?ad just turned in (for cheating) How had been able to grade both exams so quickly? What was the purpose of this meeting? 12/16/1 1 ME submits grade appeal along with allegations of sexual harassment and retaliation to Dean Schmidt 12/17/10 Mind Mgmeet with Dean Schmidt Dean overturns grade about the grade appeal l/7/l I Dr. Schmidt suggests to Ms a hat she not Why? take the CHEM 302 and 30 classes for which she registered. 1/ 12/] Ms 5 scusses Dr. Schmidt?s e-mail with ways he will override Ma's choices? Dr. discussed with Dean Orona 9/ I (?rst day of classes?spring semester) Did she report this to anyone? Wontinues veiled harassment of Ms. .0 VA l/20/ Msgneets w' Dean 0 about why Dean Orona explainglre present until ?legal individuals Mr :9 nd Mrgare still on investigations" and states "individuals need to be charged cam .us in order for him to take action? 1/25/ I submits detailed statement to Es - I .Ia Police Department 2/4/ I pplies for and (eve gets a restraining order against a 2/ 16/ I Coun hearing for restraining order 5/10/ I MEubmits complaints to President RALPH II. HELLYOST JOHN N. PATTERSON Scheuer, Yost Patterson A PROFESSIONAL CORPORATION ATTORN EYS AT LAW . . STREET ADDRESS: 125 LINCOLN AVENUE. SUTII 223 SANTA FE. NEW MEXICO .7501 II. CHRISTOPHER M. (HUMMER KRISTIN I- DAVIDSON BYRON I. ALEXIA CONST ANT ARAS KRISTOFER C. KNUTSON RACI IFJ. WINSTON DEBORA E. RAMIREZ. STEPHEN ll. DOMAS OF COUNSEL- TONY F. MELVIN T. 19H -200I 1200 TRINTTY DR. IDS ALANOS. NEWMEXICO 87544 MAILING ADDRESS: POST OFFICE BOX 9570 SANTA FE. NEW MEXICO 51505-9510 (505) 952-9911 (505) 959.7500 FACSIMILE: (505) 952-1521 nos mam: (515)155-5353 ms ALAuos DIRECT: (505) 552-3555 ?Also Admitted in Texas July 13, 2011 james Senior Attorney US. Department of Education 1244 Speer Blvd., Suite 310 Denver, CO 80204?3582 Re: Case 08-11-2125 Response to Additional Data Request Dear Mr. Long: Please ?nd below Northern New Mexico College?s response to Second Data Request. 2. Dr. Mellis Schmidt, the Dean of the College of Arts and Sciences, reviewed the allegations of cheating. She reversed the instructor?s decision regardin cheating, notin that it was ?impossible beyond a doubt? to know whether cheated. Dr. Schmidt also showed leniency because she knew of the sex harassment allegations, and she was concerned that the cheating allegation might impose additional stress on the students. A letter from Dr. Schmidt is attached as Ex/zibil 1 to this Response. There was no investigation of Dr. Ms. atement refers to the investigation of Dr. that the Complainant was en a ed in academic dishonesty, and (2) continuing review of the steps that Dr. had taken in the classroom to separate the students and elimim issues. As outlined in the answer to inquiry #1 above, even though Dr (D) that the Complainant was cheating, that determination was overru the Dean. Nothing remains to be determined on that matter, and no disciplinary action was taken regarding the students or instructor. Scheuer, Yost Patterson ATTORNEYS AT LAW james D. Long, jr. july13, 2011 Page ?2 Dr. was offered a new contract with NNMC for the 201 1-2012 academic year. However, Dr. made clear in a letter on May 16, 201 1, that although she had some complaints about the College?s lack of organization and planning, ultimately she had to leave because her husband?s job was being transferred out of state. In short, there was no investigation or discipline pending regarding Dr. 5 letter is attached and her decision to leave was based on her ow? reasons, and not because ofany denial ofemployment by the College. Dr. as Exhibit 2 to the Response. a. Mr. Orona relied on a ?more probable than not? standard for assessment of the claim, but determined that it did not reach that threshold. Mr. Orona?s investigation consistently met with ?she said, he said? allegations that he concluded could not be corroborated with any level of certainty. As such, the investigation was inconclusive. Nevertheless, Mr. Orona still instituted prophylactic measures to ensure that the concerns were addressed going forward. For example, as outlined in the Response, Mr. Orona worked with instructors to ensure that the students involved were separated, that any contact was minimized, and that the alleged harassers were sternly warned that any actions perceived as harassment in the future (or that interfered with the College?s on-going review) would meet with immediate expulsion. Dean Montoya interviewed a student named I who was one of the two women mentioned in the file. Dean Montoya?s notes re?ect that this student reported that Mr. ?grabbed her butt.? See Exhibit 3, Dean Montoya notes. While this report created its own set of concerns,1 the witness did not have any information pertaining to Mr. 93(6); nteractions with the Complainant. Mr. Orona also attempted to interview I who also was mentioned in the notes, but she refused to be interviewed, stating that she did not want to be involved. The evidence submitted by Mr. was not ?character? evidence, but instead, he provided letters from classmates stating that they had not witnessed any inappropriate behavior toward Ms.or anybody else. 1 The College also looked into this matter but found no corroborating evidence. Scheuer, Yost Patterson ATTORNEYS AT LAW james D. july 13, 201 Page 3 These letters were relevant only because these people would have been in a position to observe any improper contact. To the degree that the letters discussed Mr. haracter, such information was afforded no weight. Certainly, the Complainant could have offered any evidence she wanted, including character related letters, but the College?s review was focused on evidence of impropriety and harassment. 'I?hus, character evidence from the Complainant would not have been helpful. d. It is important to reconize that two separate student issues were being discussed in Dr tatement. (we) De): (W as the whim of most of Dr. 532551?) statement. Dean Orona interviewed Mr. and Mr. 52(6); (W7 vehemently denied any wrongdoing and rovided an account of the incident that differed significantly from Dr. Faced with strongly con?icting investigative data, Dean Orona delivered a artinez to inform him of the ?on-going" investio tion and that Mr. mm? was not to have any contact with Ms. nor 'as he to interfere with the investigation. This issue and investigation occurred near the end of the semester, and Mr. . id not attempt to enroll for the Spring 201 1 semester. In that regard, any remedies that mi ht have been ultimately handed down were rendered moot by Mr. absence and the school?s lack ofjurisdiction over him. (W6), (WHO) Dr. 53253.); statement about Mr. 03) physical contact With the Complainant was not determinative. Subsequent investigation showed that Mr. (3)96 and Ms. had a history of being friends, and there were sev r. ..tances where they both engaged in physical ?horseplay? with each other that had not previously generated complaints. The Complainant certainly had the right to change her mind and object to any contact by Mr However, the investigation indicated that Mr. ll.\l7lf\\ . did not know 0! the and was completely surprised by the characterization of his actions as improper or unwanted. He also insisted that the contact was not inherently improper and had been consistent with their past interactions. For these reasons as well, it did not appear that the facts supported a conclusion that was ?more probable than not? that these actions rose to the level of harassment. It is also noteworthy that Dr goes on to state that she noticed ?the distinct behavioral changes in Mr. but was pleased to see that he was following directions? to keep away Scheuer, Yost Patterson ATTORNEYS AT LAW James D. Long,]r. july 13, 2011 Page 4 from Ms. In this regard as well, it appeared that Mr. as being responsive to the measures that were immediately sought by the College to ensure that no further confusion or miscommunication occurred. 5. President Barcel? and ChiefofStaleet with Ms. and her various family members and student supporters on April 20, 201 l, to discuss with the President the series of events that had taker nlace 'n this case and to express Msdispleasure that Mr. and tad not been immediately expelled and the instructors disciplined. During the meeting Dr. Barcelo informed Ms. that she and the College tr he very seriously any accusation of harassment. Dr. Barcelt?) also informed Ms. that these sorts of investigations do take time and that her office was still considering the ?no finding? determination by Mr. Orona. In addition, the President told Ms (bxs); that while the College would address her concerns internally she might not get detailed information on the disciplinary actions taken since ersonnel and student disciplinary actions are considered confidential. Ms.eturned to the of?ce of the Director of Human Resources on April 28, 201 l, to inquire about the progress of the investigation and was not happy with the fact that the HR Director told her the investigation was still 1y 2, 201 1 Susan Pacheco, Chief of Staff, sent an email, see Exhibit 4, to Ms reiterating the President?s concern and advising Ms. lame); hat the investigation was still ongoing. :i?pllege was still in the process of ?nalizing the President?s response to Ms. when it. learned that Ms. had filed a complaint with the Office of Civil Rights. In short, Dean Orona had made his determination that the matter was inconclusive, but the issue was still under consideration by the President?s Office when the OCR claim was initiated. 6. The College received from the police a copy of Ms. original incident report taken by Officer jeremy Apodaca. Dean Orona phoned and asked for updates from Officer Apodaca regarding this case with no response from him to this point. The College also contacted the District Attorney?s and was told that the matter would not be prosecuted ?due to insufficient evidence?. In summary, very little data was collected by the police that was helpful in the College?s review. 7. As part of the investigation, the College learned that Mr. . no longer enrolled as a student at the College. The College informed Ms that should Scheuer, Yost Patterson ATTORNEYS AT LAW james D. Long, ?Ir. july 13, 2011 Page 5 he be found on campus posing a threat to her or other students, the College would ask him to leave the campus. could attend class without fear of r. rona, Mr. instructor set that would minimize or eliminate any contact with Msla?: . Even though Mr. was insistent that he did not do the acts alleged, he agreed to this arrangement so that he could finish his courses. This minimized his time on campus. With regard to Mrl?gg Mr. 523g); instructor agreed to work with him on an independent study asns so that Ms. confrontation. With ag ntfroml The College informed Ms. that, as in the case of Mr. if Mr. ever harassed or threatened her; he would be asked to leave 1e premises. (WHO) 13m steps were taken because Ms. had ?led a restrainin order against Mr. not because of any particular actions by Mr. It is the un rstanding of the College that Mr. did adhere to the conditions of the restraining order placed on him by Ms. and that he did not subsequently approach her while on campus. oes not have a disciplinary record with the College. Mr. lad been expe from Northern New Mexico College by Dean Alfredo Montoya for a matter unrelated to this complaint on February 6, 2008, for having a ?rearm on campus and assaulting another student with that ?rearm. Mr. appealed his expulsion on August I l, 2009, and Mr. Montoya approved the appeal. Mr. returned as a student to Northern New Mexico College Fall 2009. A copy of the correspondence regarding that record is attached as Exhibit 5. Please do not hesitate to call ifyou have any questions or need anything further. orney for Northern New Mexico College Enclosures From: Mellis Schmidt Sent: Friday, December 17, 2010 2:3] PM To: - (m I cc; Snuff: (bxe); nsights): I met with the L?lwxe); (bxim) and I Friday morning, December 17. After listening to their appeal and considering the entire situation, I have decided to honor their appeal. This is a difficult choice but I decided this on several measures. 1. it is impossible beyond a doubt to know that they cheated. 2. The sexual harassment incident and the late report to the Dean of Student Services regarding the harrassment caused distress to both students. 3. Both student?s careers have been highly successful to this point. For these reasons I request their grade change. There are three options in which this can happen. 1. ?Von can re-grade their third test M?fey both did their own work and grade their ?nal and submit their grades. 2. You can throw out the third test and grade their ?nal and average the three tests. 3. I can give them their grades based on the material they gave me. The grades need to be submitted by 5:00 on Monday, December 20. Please let me know how you would like to proceed. I know that the decision is not satisfying to you and it dif?cult not to support a faculty member?s decision, but I believe this is the best solution to a dif?cult situation. Thank you. Mellis Mellis Schmidt. Dean. Collch of Arts and Sciences New Mexico College 92] Pasco de ()natc EXHIBIT \iorthem New Mexico College Mail - Fwd: De~__lmsheet Concerns of2 q""3 Fwd: DS Timesheet Concerns 1 message May 16. 2011 at 4:41 From; Date: 2011 at 3:42 PM Sub' DS Timeshee Mellis Schmidt I Mellis. and I have received a long trail of emails from Mr. bout his timesheetlast timesheet to account for the time that he has actually put in for the past 2 weeks. Mr. 5 present on Monday. May 2 for 8 hours as all lights in the labs were off when I left campus at . see him again until last Tuesday, May 10 when he demanded that I sign his timesheel. I stated on that day that I wodd not sign an inaccurate timesheet. and I strongly hold to that decision I gave him 30 minutes of work for the day as I know he was around campus looking for a signature from someone. Even though I did not personally see h?m on Thursday, May 12. I approved 8 work hours. There has been no evidence of his presence on campus, and most people have commented on not seeing him. NNMC is a small campus. so missilg staff and facilty are easy to spot. On a personal level, Mr. Iis a nice. young man with great potential. but his performance as an employee has been far below average. Please refer to the staff evaluation submitted on March 31, 2011. As an employee of NNMC, Mr. m5 been abusing the system at NC and man'pulating others into performing his prescribed duties. Mr. requently stated to me and others that he had very important meetings with superiors in order to avoid working, neglected to put in the contracted 40 hour work week. did a poor job as a chemistry lab technician, was often mavailable when needed, and decided that the best way to cover up for his inadequacies as a technician was to place all the blame on me. I ask that you please honor my decision as his supervisor. Mr. hould not get paid for not actually cwork. This sets a poor standard for all employees. email that have Mr. he asked for approval to have mun his timesheets. It is very mfortmate that Mri(b)(6)? believes he can manipulate his mentor to gain approval for inappropriate deeds and get away with aiming an honest effort at work. In the absence of the program director, signature approvals go to the department chair. in this case. David Torres. On a final note, I truly appreciate the effort by the College to convert the CCRAA grant funded chemistry faculty position to Institutional monies. I am thankfu for the decision of the College and Board in offering me re-errployment for my faculty position for the 2011~2012 school year. The past year was an educational, excit'ng. and eventful year for me. I am extremely sad to leave behind several fantastic colleagues and many wonderful students with whom I have made some incredible connections in my short time at NNMC. Unfortmately, the offer for reemployment at NWO was extended to me much later than the date given in the faculty handbook and required a repiy much sooner than the deadline of July stated in the faculty handbook. I was only given 1.5 hours to consider the offer as I had received an email requesting a response before leaving the office on Thursday. The practical concerns of my decision making aside. I believe that this EXHIBIT 5/3l/20lI 9:36 AM .w Mexico Colleg Mail - Fwd: imesheet Concerns 3 lack of organization, foresight. and courtesy by NNMC administration as well as the blatant disregard for the rules given in the f- It dbook is not conducive to retaining quality faculty. in response to rumors propagated by several others about my contract for next year, it should be noted that it was 011. i.e. my husband's and my. decision for me to leave NWO and for us to move to Wisconsin. As I mentioned in an email to arlier today. I will be back in Los Alamos from Jme 26 - August 1 to be teach science at a summer camp In Truchas. have offered my assistance while the effort is made to ?nd replacements for my courses in the Fall 2011 semester. I am more than willing to assist in the process of ?nding a new chemistry professor to fill my shoes and screen candidates. If you would like my assistance, please let me know. Thanks to each of you for your help this past year. Eof2 5/3I/20119z36 AM Page 286 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Northern New Mexico College Mail - Status on I :1 Assault/Harassmem. NNMC . (bxe); Apps c- Status on Sexual Assault/Harassment, Discrimination and Retaliation Issues at NNMC Mon, May 2, 2011 at 3:37 AM 9934(1))(6); Dr. Barcelo asked me to follow up with you on her behalf regarding our meeting on April 20th and the status of the investigation we are performing. As Dr Barcelo mentioned in that meeting, matters such as these do take time to investigate. We are in the process of doing the promised investigation and consulting with our legal counsel. I apologize on her behalf that when we were discussing the student in question she confused him with another student whose case had been heard earlier this term and was indeed expelled. Frank Orona was correct in stating that our legal counsel has advised us - - you had already taken the matter to the police, we should consider disciplinary action against Mr (bxe); nly after any police investigation was complete. It is my understanding the either the police or the DA's office have decided not to hear charges on this case due to lack of evidence. Since we are concerned about the safety and security of all students on campus both individuals are no lo 11- . on the NNMC campus. is no longer enrolled in any classes at NNMC. If he is found on campus and - oses a threat to yo any 0 er student he will be either asked to leave or escorted off the campus. Mr (150(6); II also not be allowed on campus and will be asked to leave or escorted off campus if he return We are also looking into the matters related to faculty members. These are being investigated internally and wil be addressed through the Human Relations office. On behalf of the College and President Barcelo I apologize for the distress you have experienced as a result of this situation. Please feel free to contact me if you have any further questions. Thank ou, Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: Fax: 525441.21- -0. 1031(6); On Fri, Apr 29, 2011 at 10:28 PM, [0 uoted text maiden} EXHIBIT igl? 7/7/2011 9:54 AM Office Of Student Services Alfredo Montoya Dean of Student Services NEW MEXICO COLLEGE February 6. 2008 Dear On January 22, 2008, I wrote to you to inform you that Northern New Mexico College is considering disciplinary action against you as a result of an incident that took place on January 5, 2008. Speci?cally, I told you that the college was charging you with bringing a ?rearm onto campus and assaulting another student with that weapon. I provided you an opportunity to meet with me to respond to the charges on January 29. 2008. You did not attend this meeting and your mother telephoned me to tell me that. on advice of counsel. you would not respond to my January letter. This letter is to inform you that the College plans to sanction you by expelling you From the College based on the College?s findings that you brought a ?rearm on campus and assaulted another student with that weapon. Pursuant to the Student Code, I am attaching a sanction noti?cation form on which you may state whether you agree or do not agree with the sanction. You must return this form to me no later than February 13, 2008 at Northern New Mexico College, 921 Paseo de Onate, ESpanola, NM 87532. Should you disagree with your expulsion from the College, you have an opportunity for a hearing before the Judicial Appeals Committee to appeal this sanction. If you wish to have a hearing, you must make such a requesx to the Judicial Appeals Committee, in writing, no later than ten (10) working days from Febraury l3, 2008, or February 27, 2008. Jan Dawson is the Chair of the Judicial Appeals Committee. Please submit your written request to her at Northern New Mexico College, 92l Paseo do Onate, Espanola, NM 87532. If you do not request a hearing by February 27, 2008 your expulsion shall take effect on February 28, 2008. Please let me know if you have any questions about this matter. Respectfully, EXHIBIT Alfredo Montoya 5" Dean of Students 921 Paseo de Onate, Espa?ola. NM 87532 (505) 747-2122 - FAX: (505) 7472121 We are an equal opportunity and af?rmative action employer Scheuer, Yost Patterson A PROFESSIONAL CORPORATION -. .. 1 u. sensual! MEI. r. yosr JOIIN N. ?Tn-:an (:mnun'n. H. Iua'uummon CHRISTOPHER M. (ausmut Kms'rm x. DAVIDSON BYRON 1- mas-ma consrAN'rMus e. mum. t- WINSTON meson r. tumm- s'rumm u. nouns OF COUNSEL TONY ORTIZ MELVIN T. l9? - 200] ?Also Admitted in Texas June VIA FEDERAL EXPRESS _]ames D. Long, in, Senior Attorney Of?ce of Civil Rights Department of Education 1244 Speer Blvd. Ste 300 Denver, Colorado 80204 Re: Dear Mr. Long: STREET ADDRESS: 125 LINCOLN AVENUE. SUITE 223 SANTA FE. NEW MEXICO 87501 1200 TRINITY DR. LOS AMMOS, NHWMILXICO 875? MAILING ADDRESS: POST BOX .570 SANTA FE. NEW MEXICO O7m?570 (506)002-9911 (506) 909.7500 nesmxu: (506) 082-1621 nos DIRECT: (575) 758-6363 ms AIAMOS mum: (606) WEB?TEzummoneom 2,2011 Northern New Mexico College; OCR Case Number 08-11-2125 Emplosetl is Northern New Mexico (Jollege?s Response to Charge of Discrimination and Retaliation and Data Request in the above-referenced case. Enclosure Dr. Nancy Barcelo. President Northern New Mexico College CC w/enr: "Iv. Legal BEFORE THE DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS WESTERN DIVISION Charging Party, vs. OCR CASE NO. 08-11-2125 NORTHERN NEW MEXICO COLLEGE, Respondent. RESPONSE TO CHARGE DISCRIMINATION AND RETALIATION AND OCR DATA REQUEST JUNE 2,2011 Submitted by: SCHEUER, PATTERSON, P.C. TONY F. ORTIZ PO Box 9570 Santa Fe, NM 87504 (505) 982-9911 Attorney for Respondent Northern New Mexico College II. TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NATURE OF CHARGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 STATEMENT OF POSITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Introduction and Preliminary Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. The College fairly and properly handled the allegations of sexual harassment from Ms. Lovato . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. No evidence supports that the College in any way retaliated against Ms. Lovato . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. The College gave proper notice of its Title IX Coordinator and applicable policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 RESPONSE TO OCR DATA REQUEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll I. INTRODUCTION a student at Northern New Mexico College in Espanola, New Mexico. Recently, she ?led a complaint with OCR against the College arising out of alleged sexual harassment. Exhibit 12. The College received a letter from James D. Long, of OCR, dated May 12, 2011, regarding the claim. Id. OCR requested that the College respond to the Complaint by May 27, 2011. Id. However, after clarifying and gathering further information on the Complaint, the College requested and received a deadline extension until June 3, 2011. The College's position statement and the appended documentation clearly establish the Complaint is not supported by any evidence, and therefore, OCR should ?nd no cause. NATURE OF CHARGE The Complainant alleges that the College (1) did not respond and effectively to . I 6 sexual harassment allegations, (2) retaliated against Ms. Ebgg7) (3) failed to designate a Title Coordinator, and (4) failed to adopt and publish adequate Title IX grievance procedures. Exhibit 12. STATEMENT OF POSITION A. Introduction and Preliminary Issues The College denies that it failed to respond to concerns, that it retaliated against her, or that it did not have proper supports in place under Title IX. The College received 6 . a written complaint from 1 November 2010, regarding her concerns about alleged sex harassment. Exhibit 6, Letter ?om Complainant to Al?edo Montoya.l 1Please note that exhibits l-9 of this Response coincide with the OCR Data Request. Therefore, a reference, for example to ?Exhibit 6" may include multiple documents, in addition to the document speci?cally cited. 1 Upon receipt of that information, College of?cials conducted a large scale and thorough investigation, reviewing the matter with the Complainant, the accused students (163(6); cl (bx? other possible witnesses, and the instructors who conducted the classes where the alleged harassment occurred. Furthermore, the College ensured that actions were taken to minimize contact between the students involved and to address the problems in the classroom. In all of these instances, Ms. l(b; was treated fairly and according to College policy, with consideration for the due process of the accused. There is no evidence that Ms. claims were ignored, and certainly, the evidence squarely rejects any notion that the College retaliated against Therefore, OCR should make a ?no cause? determination regarding these claims. B. The College fairly and properly handled the allegations of sexual harassment from Ms-- The College?s response to was reasonable, timely, and in accordance with law and policy. As an initial matter, it is important to note that the College?s ability to respond to this matter was limited somewhat by Ms. decision not to ?le her complaint sooner. Speci?cally, Ms. ?rst ?led a written complaint with the College Dean of Students, Dr. Alfredo Montoya, in November of 2010. Exhibit 6; Exhibit 9, A?idavit of Alfredo Montoya. Therefore, College administration did not know about the concerns until somewhat late in the process, and OCR needs to ensure that its review of this matter properly considers the timing of the Complaint. Furthermore, it appears that many of Ms. initial concerns were addressed to her satisfaction by her instructors. For example, Ms. November 2010 letter to Dean 6 Montoya outlines the problems that she had with I dating back to Fall of 2009 in her General Chemistry class, taught by Dr. Exhibit 6. Ms. states that she took those concerns to the instructor, asked to be separated from Mr. and that those requests were honored. Id. On this topic, Ms. stated, ?The professor reassured me that he would talk to him and separate us if I wanted. I was relieved that I no longer had to interact with Mr. Id. Thus, even without a formal complaint, it appears that Ms. initial complaints were addressed to her satisfaction. When Ms. actually ?led a complaint with the College?s administration through the Dean of Student Services, the College immediately responded with a thorough investigation. At the time, the Dean of Student Services, Alfredo Montoya, began interviewing witnesses. Exhibit 10, A?idavit of Al?edo Montoya; see also, Exhibits 5A and 6D, investigatory notes from Al?-edo Montoya. Speci?cally, he interviewed the Complainant, and he also interviewed other females who may have either seen the alleged acts or that had problems with Mr. Id. He also reviewed the Complainant?s other allegations against another male student named (Eng); 6 5.257%. Id- Soon a?er Dean Montoya began his review, the matter was turned over for investigation to the new Interim Dean of Students, Mr. Frank Orona, who took over as dean on December 1, 2010. Exhibit 11, A?idavit of Frank Orona; Exhibit 10. Dean Orona obtained Dean Montoya?s investigatory file that included the statement from the Complainant and other possible witnesses. 1d. On December 2, 2010, a police officer came to campus pursuant to a criminal complaint that Ms. had ?led. Ultimately, no criminal charges or convictions resulted from any of the allegations made by Ms. The College worked collaboratively with the police to ensure that they had all information needed to conduct their criminal inquiry, but the College did not rely on the police investigation as the sole source of its investigatory data. The College conducted its own review, pursuant to its anti-discrimination and harassment policies. Exhibits I -I I. On December 3, 2010, Dean Orona met with Ms. for the ?rst time. Exhibit 1 I . During that meeting, Ms. outlined the history of problems dating back to 2009. Id. She also alleged that she had been having more recent problems with Mr. including a time right before Thanksgiving 2010 where he allegedly grabbed her thigh. lmportantly, she was encouraged by her instructor at the time to ?le an immediate complaint with the Dean of Student Services, which apparently she did. Exhibit 6, 10, I 1. In that regard, again, the College had acted, even at the instructor level, to point Ms. in the right direction. The remainder of the meeting with Ms. created concern for Dean Orona because Ms. appeared to be making some very strange accusations against Mr. and Mr. Id. For example, she accused Mr. of breaking into her home, stalking her, and also of calling in bomb threats to the school. Id. She did not offer any evidence in support of these claims other than her speculation. Id. This raised some concern about her veracity and whether her complaints might be of questionable reliability. Nevertheless, the College wanted to ensure that the matters were fully assessed and treated seriously, so the investigation continued. On that same day, December 3, 2010, Dean Orona contacted the accused students, advising them that he needed to meet with them Mr. et with Dean Orona few days later, vehemently denying the charges. Exhibit 5,6, I 1. Nevertheless, Dean Orona that he was not to interfere with the College's investigation and that any retaliatory acts against the Complainant could result in suspension or expulsion. Exhibit 4. Letter to mm mm Dean Orunu. Similarly, a few days later. Dean 0mm met with Mr, 1 regarding the allegations. Aceordingto Mr. the relationship between the students had degraded once Mr. heard that the Complainant was accusing him of making bomb threats. Id. In addition to his denials, Mr provided letters of support from the classroom instructor and three of the Complainant's classmates, Id; see Exhibit 6. Again. Dean Orona provided Mr. a stern letter wanting him of the seriousness of the allegation and warning him that interference or retaliation against the Complaith could lead to suspension 01' expulsion. Exhibit 4. Letter lam Dean 0mm. Thus, not only was the investigation thorough but also, the College conveyed to the accused the seriousness of the allegations Afier some additional investigatory efi'ons, Dean Orona concluded on December 2010, that the evidence regarding the allegations was inconclusive In that regard. Dean Orona concluded that he did not have justification for discipline against Mr. or Mn much less a basis to expel them. That decision was reviewed by the President's Otfice, as per policy. Exhibit: Dean Omna then alerted the accused students of his conclusion and that they would be permitted to take their final exams. While the investigation had been concluded, in December 2010. the College was infon-ned in January 2011 that Ms. had filed for and obtained a temporary restraining order against Mr. (W5): who was enrolled in one of her classes Exhibit 6. 1. To ensure that this did not cieate any problems for Ms. or Mr. the College met with the instructor, Dr. I to address the issue. Exhibit Pursuant to his concerns, Dean Orona also inquired whether there had been any noticeable con?icts or problems between Ms. and Mr. Id. Dr, stated that he had not observed any and that he would make arrangements to ensure that both students were able to meet their obligations for the class without violating the TRO. Id. Thus, multiple attempts were made by the College, even a?er conclusion of the investigation to ensure that Ms. was accommodated and comfortable. In subsequent meetings with Ms. it appears that she was upset that Mr. and Mr. were not immediately suspended. However, while she may not agree with the outcome, the College clearly followed all investigatory leads, gave her concerns the full bene?t of the doubt, reviewed ways of accommodating her concerns, met with her and all parties multiple times, and spent tremendous time and effort in trying to thoroughly assess the matter. In that regard, the College was true not only to the letter of its obligations, but also, to the spirit of ensuring that all student concerns receive a fair and thorough review. In that regard, the Complaint is without support, and OCR should ?nd no cause. C. No evidence supports that the College in any way retaliated against Ms. The College?s review of Ms. allegations was thorough, and from her claims against the College, she appears either to mistake the College?s investigatory efforts as retaliation or she simply alleges retaliation where no facts support such a conclusion. For example, part of the Complaint alleges that the College ?instructed her to attend a face-to-face meeting with the student who allegedly harassed her.? Exhibit 12. However, this allegation asks OCR to completely ignore the context. Speci?cally, a?er Ms. complained to one of her instructors, Dr. (bxe); about Mr. (bxs); (b alleged harassment, Dr. took many steps to attempt to address the concerns at the classroom level. Exhibit 6, Letterfrom Dr. to Frank Orana, January 7, 2011. Even though Dr. had no evidence that the allegations were true, she took several preventative steps to avoid further problems. 1d. For example, she met with Mr. privately, counseled him on the issues, forced him to move to a new seat in the middle of the lab with a male lab partner. 1d. Dr. also advised Mr. that he was not allowed under any circumstances to privately communicate with the female accuser by email, phone, text or talking in class. Id. In addition, because Mr. offered to apologize for ?whatever had offended? Ms. Ialso attempted to bring the students together so that Mr. could apologize. While Ms. characterizes that effort as ?forcing her? to meet face to face with Mr. it appears that Dr. was simply attempting to respond reasonably to concerns of a student. OCR should not permit Ms. to paint these good faith efforts as some form of alleged retaliation by the College. If anything, Ms. attempt to characterize her professor?s efforts as retaliatory demonstrates that Ms. is being very cavalier in her characterization of the facts. Similarly, Ms. also grossly mischaracterizes her professor?s efforts at low level resolution as a form of retaliation. As demonstrated by Dr. letter, before Ms. brought her concerns to the Dean of Students, Dr. attempted to resolve the issue between the students herself. Exhibit 6. In 2009 when Ms. advised another instructor, Dr. regarding alleged problems with Mr those issues were addressed by Dr. to Ms. satisfaction. Exhibit 6. Letter from Complainant to Dean Orona. Therefore, it appears that the College?s faculty took an active role in trying to resolve disputes at the lowest possible level. Here, Ms. eventually brought her concerns to the Dean in November of 2010, but that does not mean that faculty efforts at resolution before that time constituted attempts to ?coerce? Ms. not to ?le a complaint with the Dean. OCR should give credit to the College for its staff recognizing the seriousness of these issues and trying to assist students in the resolution. Furthermore, when Ms. eventually ?led a complaint with the Dean of Students in late 2010, there is no evidence that her instructors attempted to bury the complaint or retaliate against her. In fact, when the matter was investigated by the Dean, Dr. advised Dean Alfredo Montoya of an incident where Dr. had witnessed Mr. attempt to put a pen in Ms. shirt pocket. Exhibit 6, Letter to Dean Montoya ?om Dr. Brenda November 3, 2010. While there was no contact during the incident, Dr. encouraged the Dean to review the matter closely. Id As discussed earlier, the new Dean, Frank Orona, eventually determined on December 17, 2010, that the allegations of harassment could not be con?rmed. Exhibit 11. Nevertheless, it is worth noting that, if anything, the faculty was actively engaged in and assisting in the investigation. This conduct is completely contrary to Ms. contention that the faculty was retaliating against her for raising her concerns. The College vehemently denies that any allegations against Ms. for cheating or her decision not to enroll in courses was in any way impacted by her claims of sex harassment. With regard to the allegations of cheating, Dr. did allege that Ms. and another student had improperly colluded on a test, giving both students a zero on the exam. Exhibit 11. That ruling eventually was overruled on appeal by one of the College deans. Id. However, it is important to note that Brim who Complainant accuses of retaliation, is the same professor who wrote a letter to the Dean of Students encouraging that the sex harassment claims by Ms. be treated seriously. Exhibit 6. Furthermore, the faculty, at every turn, demonstrated willingness to address these problems, to give the bene?t of the doubt to Ms. and to take precautionary steps to separate the students. 1d. "lhis conduct does not suggest that faculty was retaliating against Ms. in any way. Instead, faculty reactions to these issues demonstrated yet another way in which the College?s response was reasonable, timely, and thorough. Ultimately, Ms. offers no facts to support her claim that faculty engaged in any reprisal against her, and as such, OCR should not give the claim any credence. D. The College gave proper notice of its Title IX Coordinator and applicable policies. Exhibits 1, 2, and 3 in response to Data Request includes multiple publications for the College designed to clearly advise students of their rights under Title IX and what the available options are for ?ling concerns about sex harassment. Those publications include, but are not limited to the student catalogue, human resources policy, student handbook policies, and the student handbook. Exhibits 1-3. Furthermore Exhibit 1 clearly lists the College?s Title IX Coordinator as Nancy O?Rourke in the Human Resources Department. Exhibit 1. In addition, speci?c to complaints by students about sex harassment, Exhibit 2 directs students, both through HR policy and student policy, to bring any concerns of regarding sexual harassment to the Dean of Students. Exhibit 2. In this case, it does not appear that Ms. suffered from any lack of knowledge regarding her options for reporting her concerns. Her complaint indicates that she initially raised concerns with an instructor in 2009, but that those concerns were handled to her satisfaction at that point. Ultimately, when she again alleged problems in 2010, one of her professors actually directed her to the Dean of Students, and Ms. sought review through that process. Thus, there is no indication that lack of posting, notice or process in any way impaired Ms. rights. For this reason as well, OCR should ?nd no cause for the complaint. IV. RESPONSE TO OCR DATA REQUEST l. A copy of the College's designation of a Title IX coordinator, 34 CPR. Please explain where this information is published for students, employees, and third parties. RESPONSE: Please see Exhibit 1. 2. A copy of the College's Title IX grievance procedures. 34 C.F.R. Please include copies of any complaint forms or other forms used for the ?ling and processing of sexual discrimination (including sexual assault and harassment) grievances/complaints. Please explain where the procedures and forms are published for students, employees, and third parties. RESPONSE: Please see Exhibit 2. 3. A copy of the College's Title IX notice of non-discrimination policy, with explanation of the locations where it is published. 34 CPR. and RESPONSE: Please see Exhibit 3. 4. A copy of all correspondence with the complainant concerning her complaints of sexual harassment or assault and retaliation. RESPONSE: Please see Exhibits 4, 5, 6, 10, 11. (And subparts) 5. A copy of all documentation or correspondence related to the complaint's fall 2009 sexual harassment complaint to lame); nceming a Mr. Please include documentation of any investigation or resolution of this complaint. 10 RESPONSE: Please see Exhibits 5, 6, 10, 11. (And subparts) 6. A copy of all documentation or correspondence related to the complaint's fall 2010 and 6 7 continuing sexual harassment/assault complaints to Dr. (ox and others Dean Montoya, Dean Orona, Dean Schmidt, Dr (bxs); (WHO) President Barcelo, et cetera) concerning a Mr. and a Mr. Please include documentation of any investigation or resolution of these complaints or others made against the same two individuals by other students. RESPONSE: Please see Exhibits 5, 6, 10, 11. (And subparts) 7. An explanation of the actions taken by the College's Title IX coordinator in response to the complainant's sexual harassment/assault and retaliation complaints. RESPONSE: Please see Sections [-111 of this Response, along with Exhibits 4-6, 10, 11. 8. The names and contact information for any witnesses who can provide relevant information about the allegations, speci?cally the personnel named in this request and Ms. Eb; the College's Human Resources Director, Dr. (WW and Mr. 09(6); (W7 I RESPONSE: Please see Exhibit 8. 9. The College's response to the complaint allegations. RESPONSE: Please see Sections 1- of this Response to Complaint. V. CONCLUSION Northern New Mexico College and its staff acted reasonably in all situations involving Ms. allegations of sex harassment. All indications are that both faculty members acted and decisively to resolve the concerns of Ms. and when Ms. brought the issue to the Dean of Students, it was thoroughly investigated. It may be that Ms. did not 11 agree with the College?s determination in the end. However, the College clearly responded according to policy and in a way that demonstrated good faith and the seriousness of the allegations. Most disturbing are the completely unfounded claims that the College retaliated against Ms. All evidence demonstrates that instructors gave her the benefit of the doubt, took some very strict steps to ensure that she was protected in class, and even contributed to the investigation of Ms. omplaints. In this regard, Ms. accusations of retaliation against these professors simply do not make sense. Thus, there is no harassment or hostility, only a college faculty and administration reviewing and fairly handling the issues as reported by Msm, while trying to balance the needs of all students. Finally, the College?s Title IX and sex harassment policies are distributed broadly and are readily available to all students. Clearly, Ms. knew how and where to assert her rights in this instance, and College staff responded accordingly when the complaint was received. In the end, there is no cause for the claims against the College, and OCR therefore should reject the Complaint. YOST i RSON, PC . Bo 95 Santa Fe, (505) 982-9911 Attorney for Respondent I - 7504 12 A - - mm was ?fe? (KR it? Ligi?, (L it ., i; gtNEW MEXICO 16 19 23 . 23 COLLEGE =1-14 .8-19 '3 i8 2010-2011 Catalog id 25 . 321? This catalog describes the curriculum, programs. and academic regulations of Northern. The provi- g: :3 sions of this catalog are not to be regarded as an irrevocable contract between .the student and the 25-28 college. While every effort is made to insure the accuracy of the information available at the time this 31% catalog is prepared, Northern reserves the right to make changes. at any time, without prior notice. iec 17 EC 20 Northern is a state institution. All facilities, equipment, and materials are for of?cial use only and may not be used for private business or bene?CAMPUS LOCATIONS Jan 13 3232 El Rita Campus Espanola Campus 2? El Rita, NM 87530 921. Paseo de Onate Jan 48 . . 3'32 33 Espanola, NM 87532 7, Feb 6 505 581-4100 505 74742100 tar 7-11 - . . Mar 15 FAX (505) 581-4130 FAX (505) 747-2180 Mar Hearing impaired applicants should contact the Telecommunications Relay Service, available 7 days a week. 24 gagp?i hours a day at 1-800?659?8331. May 12 May ?3 Northern is accredited by the Higher Learning Commission of the North Central Association of Colleges and May 13 Imay Schools. Their web site address is phone number (312) 263-0456. . 3y . . ?{Northem does not discriminate on the basis of age. race. color. sex. sexual preference. religion, handicap. national May 13 origin. ancestry. or medical condition in its educational programs, activities, employment. or admission policies. ay. Jun 2 X?nle IX Coordinator: Nancy O'Rourke - Director of Human Resources. Northern New Mexico College. 921 Paseo lay. Jun 6 de Onate. Espanola. NM 87532. (505) 747-2160. lay. Jun 8 iy, Jun 10 av. Jun Section 504 ADA Coordinator: Re'becca Cabildo, Special Needs Director, Northern New Mexico College. 921 jg: 17 Paseo de Onate. Espanola, NM 87532. (505) 747-2152. ay. Jun 19 2237 Questions concerning any portion of this publication should be addressed to the editor. the Registrar (505-747- ulul 23-28 2115. damni@nnmg,edu. jay. Jul 29 day, Aug 1 Copies of this catalog are available online at You may also purchase a copy through Northem's Bookstore at a cost of $3100 each. NORTHERN NEW MEXICO COLLEGE 2010-2011 Catalog This catalog describes the curriculum, programs, and academic regulations of Northern. The provi- sions of this catalog are not to be regarded as an irrevocable contract between the student and the college. While every effort is made to insure the accuracy of the information available at the time this catalog is prepared, Northern reserves the right to make changes, at any time, without prior notice. Northern is a state institution. All facilities, equipment, and materials are for of?cial use only and may not be used for private business or bene?t. 1 - - CAMPUS LOCATIONS - El Rito- Car'hpusv? 4. 3 Espanola Campus-M - El Rita, NM 87530 921 Paseo de Onate Espanola, NM 87532 (505)581-4100 (505) 747-2100 FAX (505) 581-4130 FAX (505) 747-2180 Hearing impaired applicants should contact the Telecommunications Relay Service, available 7 days a week. 24 hours a day at 1-800-659-8331. Northern is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools. Their web site address is phone number (312) 263-0456. Northern does not discriminate on the basis of age, race. color, sex, sexual preference, religion, handicap. national origin. ancestry, or medical condition in its educational programs. activities. employment, or admission policies. Title IX Coordinator: Nancy O'Rourke - Director of Human Resources. Northern New Mexico College. 921 Paseo de Onate. Espanola, NM 87532. (505) 747-2150. Section 504 ADA Coordinator: Rebecca Cabildo. Special Needs Director. Northern New Mexico College. 921 Paseo de Onate. Espanola, NM 87532. (505) 747-2152. Questions concerning any portion of. this publication should be addressed to the editor, the Registrar (SOS-747- 2115. W. Copies of this catalog are available online at Monmgegu. You may also purchase a copy through Northem?s Bookstore at a cost of 33? (I Northern New Mexico College HUMAN RESOURCES POLICY Subject: Arrimiative Action Policy File ReferenceDate Approved November 21, 2008 by Board of Regents: I Replaces Policy October 14. 2003 Approved 0n: Purpose: Policy: Northern New Mexico College is committed to equal employment opportunity and will strictly adhere to nondiscriminatory practices in employment of personnel. Decisions regarding recruitment, hiring, training and promotion will be made without regard to race, age, religion. color, national origin, ancestry, sex, handicap, medical condition, disabilities, sexual preference. political af?liation, military involvement or spousal af?liation, except when one of these criteria is a bona ?de quali?cation for the position involved. The President of NodhemNewMexicoCollege has overall responsibility for af?rmative action. Responsibility and authority to direct the Af?nnative Action Program is delegated to the Equal Employment Opportunity (EEO) Of?cer (Director of Human Resources), who will report directly to the President on all Af?n'native Action matters. The EEO Of?cer is assured full support in ful?lling his/her duties. it is the responsibility of all supervisors to ensure compliance with the Af?nnative Action Program. and to ensure that personnel under their department are thoroughly familiar with the intent and the provisions of the Af?nnative Action Program. Additionally, it is every supervisor's responsibility to take action to prevent any form of harassment of employees, for any reason,'whether race, age, religion, color, national origin. ancestry, sex, handicap. medical condition. disabilities, sexual preference, political af?liation, military involvement or spousal affiliation. Procedures: CrossReference:? misc in Cciic?it. 0591?? ?ii. b??q?kLt?f ea Lk~?v I . Northern New Mexico College HUMAN RESOURCES POUCY Subject: . Sexual- Harassment . "L?dr . . 3' I'Da??n?rovod'Board 9' Regents: ReplacesrakyPurpose: To provide guidelines to prevent sexual harassment in the work place and to provide procedures for investigating incidents of alleged sexual harassment. Policy: Northern New Mexico Community College is committed to providing a work environment and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of its employees or students. This also applies to individuals conducting business within the college. Procedures: Conduct of Sexual Nature Conduct of sexual nature may include, but is not ?mited to, verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, patting. or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually~oriented 'kidding,? ?teasing,? 'double-entendres, and jokes,? and any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Unchome Conduct of a Sexual Nature 1. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedy harassed employee or student has indicated. by his or her conduct, that it is unwelcome. 2. An employee or student who has initidly welcomed such conduct by active participation must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. ?exg?1 Prohibited For the purposes of this policy. unwelcomed sexual advances or requests for sexual favors. and other unwelcomed conduct of a sexual nature constitute prohibited sexual harassment if: 1. Submission to the conduct is made either as an explicit or implicit condition of employment; 2. Submission to or rejection of the conduct is used as a basis for an employment decision affecting the harassed employee; or the conduct substantially interferes with an employee's work performance. or creates an intimidating, hostile. or offensive work environment. EXHIBIT i 2. G) 2/ Cross Reference: Procedure for Complaints if an employee believes that helshe had been sexually harassed, that employee should report the alleged incident to his/her supervisor within the time frame as speci?ed in the grievance procedure. and follow the progress as outlined in the internal grievance. If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor. the employee may directly contact the Af?rmative Action Of?cer and proceed through the steps as outlined in the internal grievance procedure. If any student believes that he/she has been sexually harassed, that student should report the alleged incident to the Dean of Student Services. The Dean of Student Services and the Af?rrnative Action Of?cer will conduct a thorough investigation and submit the investigation report and their recommendation to the President for action. The decision of the President is ?nal. The college is committed to thoroughly investigate complaints of alleged sexual harassment and take whatever action is deemed appropriate. Any investigation related to a complaint mder this policy will be conducted with con?dentiality and respect for the rights of at individuals involved. lnforrnation related to the investigation will be released only on a need to know basis or to any external investigative agency who is investigating a complaint under their jurisdiction. The President will be the ?nal authority on releasing any information or documents as they pertain to a speci?c case. The investigative ?le will be maintained and controlled by the Affirmative Action Of?cer. Both Federal and state law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint. testi?ed or participated in any proceedings under Federal or state law. i - - . Tat}! hi- C. flu/1pm Northern New Mexico College STUDENT POLICY subjectt' Student" 575.1" i -r 5 File Reference.35tRIi-L?i-zi?s?t??tia?? By .-.iarof.g :1 . .lub3~F~vanhil7h 4 Purpose: Policy: Dear Student. Welcome to Northern! We are part of the higher education system of New Mexico. but as a small college we offer personal attention to your education and career needs. As a college student. you assume a great amount of freedom regarc?ng your educational and social choices. but with those freedoms come personal responsibility. This handbook has been prepared by our Student Services personnel to assist you with the transition to college life and its responsibilities. Planning your time is an important aspect of college life. Trying to juggle classes, study time. famiiy obligations. employment, and friends cm be a hassle. To assist you in managing your time and activities, this handbook contains a lendar so that you can keep track of the many activities that will occupy your time. In addition to the calendar, this handbook contains valuable information and policies that can make your college experience more successful. We encourage you to become faniliar with the contents of your Student Handbook and wish you the greatest success in your education and career. Sincerely, Jose Griego. President Northern New Mexico College . - .. .. . . schedu'. m5_zoos. .. . Fall 2005 - Summer 2006 Academic Schedule 2005-2006 Fall 2005 - Summer 2006 FALL 2005 August Registration .. Sat. Aug. 13 Wed.~Thurs Aug. 17-18 Faculty/Staff Convtion .. Mon.. Aug. 15 - Classes Begin .. Mon.. Aug. 22 Late Registration/Change Schedule .. Mom-Fri. Aug. 22-26 art 2 in?; a During the day. regular campus security personnel are augmented by our facilities staff. .while security personnel provide evening and weekend coverage at both campuses. monitoring all buildings and parking areas. At the El Rito campus dormitory. monitoring is accomplished by the Student Life Coordinator. supplemented by campus security and dorm proctors. Report any crime. emergency or suspicious situation immediately to campus security. [See the section in this Handbook on Telephone numbers] If you cannot reach campus security, call whichever of the following is appropriate: Emergencies .. 911 Espanola City Police ..753?5555 NM State Police ..753-2277 Rio Arriba County Sheriff ..753-3320 If the emergency is of a medical nature. call one of these: Espanola Fire Department .. 753-2244 Ambulance .. 753-3114 El Rito Volunteer Fire Dept. ..581-4567 El Rito, Las Clinicas del Norte ..581-4728 Although Northern has no organized security escort program, if at any time you would like an escort on campus. for any reason, ask any staff or faculty member for assistance. They will be pleased to provide this service. Sexual Harassment Sexual Harassment is defined as unwelcome conduct of a sexual nature which may include, but is not limited to, verbal or physical sexual advances. including subtle pressure for sexual activity; touching. pinching, patting. or brushing against, comments regarding physical or personal characteristics of a sexual nature; sexually-oriented "kidding," "teasing.? ?double jokes. and any harassing conduct to which a student wouldinot be subjected but for the individual's sex. Unwelcome conduct may constitute sexual harassment when the allegedly harassed students have indicated. by their conduct. that it is unwelcome. A student who has initially welcomed such conduct by active participation or by not letting the other person know it's not acceptable. must give specific notice to the alleged harasser that such conduct is no longer welcome in order for such subsequent conduct to be deemed unwelcome. If, as a student. you believe that you have been sexually harassed. you should report the incident to the Dean of Student Services. Smoking Restrictions Smoking is prohibited in all buildings belonging to Northern. You may smoke outside the building and. if you do so. please use the receptacles provided for ?disposal of cigarette butts. Sound Amplification Personal sound amplification equipment. including radios. cassette records. and 'boom boxes", which are used outside the College ?buildings' may e'played .at an audible level which does not acoustically interfere with classes and/or campus activities. Any personal sound equipment played inside College facilities. requires earphonesuff?r?.? ?53 x) If the emergency is of a medical nature, call one of the following: Espanola Fire Department 753-2244 Ambulance 753-5555 El Rite Volunteer Fire Department 581-4730 El Rito Las Clinicas del Norte 581-4728 Security Escort Service Northern has no organized security escort program; however, if at any time or for any reason you would like an escort on campus, ask any staff or faculty member for assistance. The will be pleased to provide this service. 4 Sexual Harassment Sexual harassment is de?ned as unwelcome conduct of a sexual nature which may include, but is not limited to, verbal or physical sexual advances, including subtle pressure for sexual activity, such as touching, pinching, patting, or brushing against another person, or comments regarding physical or personal characteristics of a sexual nature, sexually-oriented ?kidding,? ?teasing,? or ?double entendres,? and jokes, and any harassing conduct of which a student would not be subjected but for the individual?s sex. dule of Classes Class schedules are published three time annually: Summer, Fall and Spring. These publications contain details about the courses to be made available for the appropriate term. You need to realize that changes may need to be made at any time, sometimes based on faculty availability, sometimes based on other factors. These schedules will also re?ect any recent Catalog changes made such as administrative policies, such as an increase in tuition and/or other fees associated with all or specific coursesUnwelcome conduct may constitute sexual harassment when the allegedly harassed student(s) have indicated by their conduct that it is unwelcome. A student, who has initially welcomed such conduct by active participation or by not letting the other person know It?s not acceptable, must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for such subsequent conduct to be deemed unwelcome. f, as a student, you believe that you have been sexually harassed by anyone, you should report the incident immediately to the can of Student Services. Security .1 At the Espanola campus, the Campus Security Of?ce is located in the Facilities area in the Metal Trades Building. At the El Rito i campus, their office is located in the Student Center. At either ii. campus, during the day, regular campus security personnel are augmented by our facilities staff, while security personnel provide 9w- evening and weekend coverage. monitoring all buildings and parking areas. At the El Rito campus dormitory, monitoring is i accomplished by the Student Life Coordinator, supplemented by campus security and the Resident Assistant. We encourage you to immediately report any crime, emergency, or suspicious situation to campus security in Espanola at 747-2158, or - 581-4112 in El Rito. If you cannot reach campus security, call whichever of the following is appropriate: m- Emcrgencies 91 m, Espanola City Police 753-5555 NM State Police 753-2277 .. 45; Rio Arriba County Sheriff 753-3329 ?3f kin Restrictions Smoking is prohibited in all buildings and vehicles belonging to Northern. You may smoke outside the building and, if you do so, please use the receptacles provided for disposal of cigarette butts Sound ll?cation Personal sound amplification equipment, including radios, cassette recorders, CD players, and ?boom boxes? which are used outside the College buildings may be played at an audible level which does not acoustically interfere with classes and/or campus 153 30:: 152 Policy: Procedures: - ll"- I'l' l?ar?I? l?a-wi - . - it?? k?e {fl oz: yaw?s tn . Northern New Mexico College STUDENTS - POLICY Shbj?ct: ts 5:331:3- (-1 - 73." 413': 4? N?s? A . . File Reference: -- es I: . Date Approvede June'15l20063 . if3'53 331331" . 3?3'd of ?33 -. trues 3: mt ?i . . ReplacesPolicy .. NIA -. 5.3: ApprovedOn:' . - Purpose: To communicate adherence to the College's policies and procedures as they relate to Student Complaints. and to encourage students to come forward in good faith with complaints or concerns about any issues - without fear of reprisal or retaliation. The College provides various mechanisms to assist and encourage students to come forward in good faith with complaints or concerns about any issues. Students may report complaints or concerns without fear of reprisal or retaliation. 1. 2. 1?0. 11. 12. A Student should follow all College policies and procedures in carrying out his/her responsibilities as a student at the College. A Student. whorhasacomplaint-onconcemnis encouraged to report said complaint to the Dean of Students. If a Student has Questions about the propriety of any practice under College policies and procedures. he or she should seek guidance from any of his or her instructors, or the College of?cial who has responsibility for overseeing compliance with the particular policy or procedure. or from the Dean of Students. A Student. who becomes aware of a potential or actual material violation of College policies or procedures, is encouraged to report such potential or actual conduct. regardless of whether the student is personally involved in the matter. A Student may request that any complaint. concern or report of impropriety. be handled as con?dentially as possible under the circumstances. and the College will endeavor to handle all such reports with discretion'and with due regard for the privacy of the reporting student. A Student may make anonymous reports. with the understanding that any investigation may be hampered due to the inability to identify the reporting student in order to obtain a full and complete account of relevant and necessary facts from the student or to ask additional questions or seek clari?cation as any investigation proceeds. All complaints shall be reported to the Dean of Student Services. whether linked to a particular student's identify or whether submitted anonymously. For purposes of this policy. the term student includes any prospective student an applicant for admission). a registered student. a former student. or even a member of the public-at-Iarge. .- Students are ableto-report-a complaint or concern via telephone. in writing. via email. or by ?lling out an on-line feedback form available on NNMC's web?site. All complaints or concerns will be received and investigated by the Dean of Student Services or, should the complaint be about the Dean of Student Services, to the Executive Vice President The Dean of Student Services will investigate every complaint and provide the complainant with a response and/or resolution within seven work days. In no way. however. will this process interfere with the student?s rights to follow the existing appellate process. In those cases in which the complaint most properly ?ts within the appellate process. the Dean will so inform the student in order to protect the student's right to teething.-. .. . .. . .. . . All faculty and staff. regardless of status. are directed to cooperate with the Dean of Student Services in the investigation of any complaint made by any student. A copy of this policy is available on-line at: and will appear in each published catalog and schedule of classes and will. in addition. be available to students at strategic places on each campus and through local coordinators at off-site locations. The Dean of Students is responsible for tracking all complaints and to report their frequency and topics annually at the Strategic Planning Forum with recommendations for improvement. berm-"gsProcess Flow Chart - "Kn-43rer . . C?art . Dean of Students . Involved pgp'artmonta Strategic Plantian Northern New Mexico College HUMAN RESOURCES POLICY Subject: Affirmative Action Policy File Reference: 3.5 Date Approved By Board of Regents: October 14, 2003 Replaces Policy Approved On: Purpose: Policy: Northern New Mexico College is committed to equal employment opportunity and will strictly adhere to nondiscriminatory practices in employment of personnel. Decisions regarding recruitment, hiring. training and promotion will be made without regard to race. color, religion, national origin, medical condition, age. sex. ancestry, medical condition. or military involvement except when one of these criteria is a bona ?de qualification for the position involved. The President of Northern New Mexico Community College has overall responsibility for affirmative action. Responsibility and authority to direct the Af?rmative Action Program is delegated to the Equal Employment Opportunity (EEO) Officer, who will report directly to the President on all Af?rmative Action matters. The EEO Officer is assured full support in ful?lling his/her duties. It is the responsibility of all supervisors to ensure compliance with the Af?rmative Action Program, and to ensure that personnel under their department are thoroughly familiar with the intent and the provisions of the Af?rmative Action Program. Additionally, it is every supervisor?s responsibility to take action to prevent any form of harassment of employees, for any reason, whether race, color, religion. national origin, physical or mental handicap. age, sex, ancestry, medical condition, or military involvement. (Reference is made in paragraph two to an EEO Of?cer, which position Staff Handbook B. Equal Employment Opportunity/Af?rmative Action The College is committed to equal employment opportunity and will strictly adhere to nondiscriminatory practices in employment of personnel. Decisions regarding recruitment, hiring, training, promotions, and conditions of employment will be made without regard to race, color, religion, national origin, physical or mental disability, age, sex, ancestry, serious medical condition, spousal af?liation, sexual preference, political af?liation, or military involvement except when one of these criteria is a bona?de occupational quali?cation for the position involved. The President of the College has overall responsibility for af?rmative action. The responsibility and authority to direct the Af?rmative Action Program is delegated to the Equal Employment Opportunity (EEO) Officer, who will report directly to the President on all Af?rmative Action matters. The EEO Of?cer is assured full support in ful?lling his/her duties. It is the responsibility of all supervisors to ensure compliance with the Affirmative Action Program and that personnel under their department are thoroughly familiar with the intent and the?provisions of the Af?rmative Action Program. Additionally, it is every supervisor's responsibility to take action to prevent any form of discrimination or harassment of employees, for any reason, regardless of race, color, religion, national origin, physical or mental disabilities, age. sex, ancestry, medical condition, sexual preference, political af?liation, militaryinvo?lvement, or,spousal af?liation. EXHIBIT 3 NORTHERN NEW MEXICO COLLEGE 2010-2011 Catalog This catalog describes the curriculum. programs, and academic regulations of Northern. The provi- sions of this catalog are not to be regarded as an irrevocable contract between the student and the college. While every effort is made to insure the accuracy of the information available at the time this catalog is prepared. Northern reserves the right to make changes. at any time. without prior notice. Northern is a state institution. All facilities, equipment, and materials are for of?cial use only and may not be used for private business or bene?t. CAMPUS LOCATIONS El Rito Campus Espanola Campus El Rito, NM 87530 921 Paseo de Onate Espanola, NM 87532 (505) 581-4100 . (505) 747-2100 FAX (505) 581-4130 FAX (505) 747-2180 Hearing impaired applicants should contact the Telecommunications Relay Service. available 7 days a week. 24 hours a day at 1-800-659-8331. N0rthern is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools. Their web Site address is phone number (312) 263-0456. rthern does not discriminate on the basis of age. race. color. sex. sexual preference. religion. handicap. national origin, ancestry or medical condition in its educational programs. activities. employment. or admission policies. Title IX C00rdinator: Nancy O'Rourke - Director of Human Resources. Northern New Mexico College. 921 Paseo de Onate. Espanola, NM 87532. (505) 747-2160. Section 504 ADA Coordinator: Rebecca Cabildo. SpeCIal Needs Director, Northern New Mexico College. 921 Paseo de Onate. Espanola. NM 87532. (505) 747-2152. Questions concerning any portion of this publication should be addressed to the editor, the Registrar (505-747- 2115. gawsoni@nnmg.egu. Copies of this catalog are available online at You may also purchase a copy through Northem's Bookstore at a cost of $3.00 each. Northern New Mexico College HUMAN RESOURCES POLICY Subject: Af?rmative Action'Policy File Reference: 3.5 Date Approved By Board of Regents: October 14, 2003 Replaces Policy Approved On: Purpose: Policy: Northern New Mexico College is committed to equal employment opportunity and will strictly adhere to nondiscriminatory practices in employment of personnel. Decisions regarding recruitment, hiring. training and promotion will be made without regard to race, color, religion, national origin, medical condition. age. sex. ancestry, medical condition, or military involvement except when one of these criteria is a bona ?de quali?cation for the position involved. The President of Northern New Mexico Community College has overall responsibility for af?rrnative action. Responsibility and authority to direct the Af?rmative Action Program is delegated to the Equal Employment Opportunity (EEO) Of?cer, who will report directly to the President on all Af?rmative Action matters. The EEO Of?cer is assured full support in ful?lling his/her duties. It is the responsibility of all supervisors to ensure compliance with the Af?rmative Action Program. and to ensure that personnel under their department are thoroughly familiar with the intent and the provisions of the Af?rmative Action Program. Additionally, it is every supervisor's responsibility to take action to prevent any form of harassment of employees, for any reason, whether race, color, religion, national origin, physical or mental handicap, age, sex, ancestry, medical condition. or military involvement (Reference is made in paragraph two to an EEO Of?cer, which position Staff Handbook 8. Equal Employment Opportunity/Af?rmative Action The College is committed to equal employment Opportunity and will strictly adhere to nondiscriminatory practices in employment of personnel. Decisions regarding recruitment, hiring, training, promotions, and conditions of employment will be made without regard to national origin, physical or mental disability, age, sex, ancestry, serious medical condition, spousal af?liation, sexual preference, political af?liation, or military involvement except when one of these criteria is a bona?de occupational quali?cation for the position involved. The President of the College has overall responsibility for af?rmative action. The responsibility and authority to direct the Af?rmative Action Program is delegated to the Equal Employment Opportunity (EEO) Of?cer, who will report directly to the President on all Af?rmative Action matters. The EEO Of?cer is assured full support in ful?lling his/her duties. It is the responsibility of all supervisors to ensure compliance with the Af?rmative Action Program and that personnel under their department are thoroughly familiar with the intentand the?provisionsof, the Af?rmative Action Program. Additionally. it is every supervisor's responsibility to take action to prevent any form of discrimination or harassment of employees, for any reason, regardless of race, color, religion, national origin, physical or mental disabilities, age. sex, ancestry, medical condition, sexual preference, political involven??e?ntA pr,spousal af?liation. Ixf".lol NORTHERN NEW MEXICO COLLEGE 2010-2011 Catalog This catalog describes the Curriculum. programs. and academic regulations of Northern. The provi- sions of this catalog are not to be regarded as an irrevocable contract between the student and the college. While every effort is made to insure the accuracy of the information available at the time this catalog is prepared. Northern reserves the right to make changes. at any time. without prior notice. Northern is a state institution. All facilities. equipment, and materials are for official use only and may not be used for private business or bene?t. CAMPUS LOCATIONS El Rito Campus Espanola Campus El Rita, NM 87530 921 Paseo de'Onate Espanola, NM 87532 (505) 581-4100 . (505') 747-2100 FAX (505) 581-4130 FAX (505) 747-2180 Hearing impaired applicants should contact the Telecommunications Relay Service. available 7 days a week. 24 hours a day at 1?800-659-8331. Northern is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools. Their web site address is phone number (312) 263-0456. rthern does not discriminate on the basis of age. race. coIOr. sex. sexual preference. religion. handicap. national origin. ancestry. or medical condition in its educational programs. activities. employment. or admission policies. i'Ter IX Coordinator: Nancy O'Rourke - Director of Human Resources. Northern New Mexico College. 921 Paseo de Onate. Espanola. NM 87532. (505) 747-2160. Section 504 ADA Coerdinator: Rebecca Cabildo. Special Needs Director. Northern New Mexico College. 921 Paseo de Onate. Espanola. NM 87532. (505) 747-2152. Questions concerning any portion of this publication should be addressed to the editor. the Registrar (505-747- 2115. Copies of this catalog are available online at You may also purchase a copy through Northem's Bookstore at a cost of $3.00 each. (Li) 1 Frank Orona a ?7/0 To: I Meeting with Dean of Student Servnces . a? 6\ Mr- Please contact me in order to schedule a meeting as soon as possible. I assumed the role of Dean of Student Services December 1, 2010. This Matter is of utmost importance. Sincerely, Frank Orona Dean of Student Services Northern New Mexico College 921 Paseo de Onate Espanola. NM 87532 (505) 747.2161 Fax: (505) 747.5449 forona@nnmc.edu EXHIBIT Office Of Student Services NOKll?l December 6, 2010 Dear Mr As you know, the College is reviewing allegations of serious misconduct made against you by staff and students. I have been conducting an investigation into the allegations and am interviewing students, faculty, and other witnesses. Thank you for taking the time with me on (December 6, 2010) to discuss your concerns regarding these allegations and to provide me with any information that you believe would be helpful in my investigatory efforts. While I conclude the investigation, I am speci?cally instructing you not to question any students or staff regarding the allegations. I will treat any such actions as attempts to interfere with this investigation, and you will be suspended or expelled. in addition, I am advising you that you are not to engage in any conduct, on or off campus that intimidates, harasses or in any way threatens students or staff of the College. Again, I will treat any such actions as attempts by you to interfere with this investigation and you will be suspended or expelled. Furthermore, it is my understanding that some students may have reported your actions to local law enforcement. Therefore, any actions by you against other students or staff members at this time may lead to criminal prosecution. Several attempts to contact you have yielded no response therefore if I do not hear from you by 3 pm Wednesday, December 8, 2010 consider yourself expelled from Northern New Mexico College at that time. Respectfully, . ?x r4 ?14,940 Frank Orona x? Dean of Student Services 921 Paseo de O?ate, Espa?ola, NM 87532 (505) 747-2122 - FAX: (505) 747-2121 We are an equal opportunity and affirmative action employer Frank Orona To: Subject: Mr. (bx?c) 5 E94 A903: (U 31? ?4-1 Please contact me in order to schedule a meeting as soon as possible. I assumed the role of Dean of Student Services December 1, 2010. This matter is of utmost importance. Sincerely, Frank Drona Director of Admissions/Recruitmenthareer Services Northern New Mexico College 921 Paseo de Onate Espanola. NM 87532 (505) 747.2161 Fax: (505) 747.5449 forona@nnmc.edu Office Of Student Services NEW MEXICO COLLEGE December 6, 2010 Dear Mr. Martinez: As you know, the College is reviewing allegations of serious misconduct made against you by staff and students. I have been conducting an investigation into the allegations and am interviewing students, faculty, and other witnesses. Thank you for taking the time with me on (December 6, 2010) to discuss your concerns regarding these allegations and to provide me with any information that you believe would be helpful in my investigatory efforts. While I conclude the investigation, I am speci?cally instructing you not to question any students or staff regarding the allegations. I will treat any such actions as attempts to interfere with this investigation, and you will be suspended or expelled. In addition, I am advising you that you are not to engage in any conduct, on or off campus that intimidates, harasses or in any way threatens students or staff of the College. Again, I will treat any such actions as attempts by you to interfere with this investigation and you will be suspended or expelled. Furthermore, it is my understanding that some students may have reported your actions to local law enforcement. Therefore, any actions by you against other students or staff members at this time may lead to criminal prosecution. I will be contacting you in the near future to advise you regarding any action that the College may be taking in this matter. In the meantime, I expect that you will fully abide by the limitations that have outlined above. Respectfully, Frank Orona Dean of Student Services i (F, kn?. 1 1/36/61: 5! 3 ?m 921 Paseo de O?ate, Espanola, NM 87532 (505) 747-2122 FAX: (505) 747-2121 We are an equal opportunity and af?rmative action employer Alfredo Montoya Fm: I Sent: . . PM To: Alfredo Montoya Cc: Ebg?6g; gbg?cg I Subject: ar a Inez nc: en Dear Mr. Montoya, In fall of 2009 Ms. 6 7 nd Mr. (130(6); had some verbal conflicts happened outside the campus. We are resonsible for incidents happen on campus and especially in our classrooms. I remember having a talk with Mr. that time and it was resolved at that point. Please let me know if could be of assistance. Sincerely, Irhvm- (hi?im I Program Director-Biology and Chemistry Northern New Mexico College 921 Paseo de 'Onate E5ponola, New Mexico 87532 Office: 115 SE Building Phone: (505) 747-2253 Fax: (505) 747-5427 .- -.. . . . Fromz?mb lIlI-b 7 0 Sent: Thursday, November 04, 2010 12:04 PM To: Alfredo Montoya @5750; Sub] - Incidents Dear Mr. Montoya, have attached the documentation of the incidents involving Mr. Please let me lmow how we can work together to quickly resolve this issue. Thank you in advance. Sincerely, (bxe); EXHIBIT 110165501pr 'stry Northern New Mexico College 921 Paseo de O?ate Page 323 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 324 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 825 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 326 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 327 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 328 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 829 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Alfredo Mann: 3 to From: (mow) 59m: 77_ - . n.45 AM To: Cc: manna-I an on ya Suhjacl: Classroom 'nmdenl mu Halked Ali'sda Monmya, dean ofstudenz services mommg. Haas: go to his office Manual and) and talk to about (he mcidems invoh/Ing _Please be assured max any of mus mbrmaxion win no! leave am of Mr Manlcya's office get me uthav swdenl (mm whom I did run talk to) as well Mr Monmya in Iaday and rnday Comm him soon, Thanks Northern N1. Mom>> can"; u) Pam a. 'om: Exponoh, Moan: 37532 on" us as mung Pharw. (505) 74772253 Fax (505)105421 EXHIBIT First Judie OBSED FIRST JUDI District COW COUNTY OF RIO ARRIBA FEB 1 STATE OF NEW MEXICO 6? 20!! mszo. RIO Aruba CASE NO. We. @1352? VS. Plaintiff, Defendant. PERMANENT INJUNCT ION AND ORDER THIS MATTER having come before the Court on February 16, 2011, upon the Plaintiff?s Temporary Restraining Order and the Plaintiff and Defendant having appeared in person and pro se. The Court FINDS: l. 5. That the Defendant shall not threaten, harass, yell at, harm, alarm or annoy Plaintiff either directly or through others. That the Defendant shall istahylat-leia?st lb feet away from Plainti??while at school. That the Defendant shall stay at least 100 yards away ?om Plaintiff and from Plainti??s residence and workplace. That the Defendant shall not telephone, email, text message or communicate electronically in any way with Plainti ff or contact Plaintiff in any way. That the Defendant shall not block Plaintiff in public places or roads. THEREFORE ORDERED THAT: 1. That the Defendant shall not threaten, harass, yell at, harm, alarm or annoy Plaintiff either directly or through others. to That the Defendant shall stay at least 10 feet away from Plainti? while at school. That the Defendant shall stay at least 100 yards away from Plaintiff and from Plaintiff?s residence and workplace. That the Defendant shall not telephone, email, text message or communicate electronically in any way with Plaintiff or contact Plaintiff in any way. That the Defendant shall not block Plaintiff in public places or roads. That this order is a permanent order unless otherwise directed by the Court. J. VIGIL DISTRICT JUDGE 00(5): [anuary11.2011 Re (bxs); Dear Mr. Frank Drona, tanding that--is blamed for sexual harassment by 03(5)? A (W and have attended some classes together at Northern since 2007. a always displayed a strong personality and is, without a doubt, extremely extroverted. He enjoys joking about everything and anything in class, he has mentioned several times that he wants to marry me). However, has never been disrespecttul towards me in any regards and certainly not sexua y. During shared classes, I have witness the same behavior from -towards other students, Regarding the relationship between and together with several students and Dr. have wi ness the following: - During one of the man bombst rea while the stud ts were evacuating the GE buildingpuhlically and loudly blam for being the investigator oft ese re i told her immediately not to spread such a base-less rumor, and tha was in (lass during the bomb threat announcement. She was it ous and told me that this was the truth and that she had the right of free speech. I responded by saying mat free speech was not the same as spreading rumors. We were ubliged to evacuate the parking lot and the conversation ended there. The next day, Dr for having made Lhat remark in front ofall the classmates. Once again, I would like to reiterate that I never Witnes (bus); to he disrespectful or sexually harass other students. 1 will gladly he an support this investigation in order to resolve this conflict. lfyou have any questions or need additional information, please feel free to contact me. Respectfully, To Whom It May Concern. i am writing this letter out at wnoem tor a lellow student. I. under normal circumstances not write this. however I feel it necessary to shed some light on how others view a undergraduate degree lrom another institution and taking classes at Northem Ior some prerequisites classes as preparation tor a Master's Degree I take my classes very seriously and have lound that Northern is an excellent oppo for many dmerent students. Having said this, I find it a little surprising that ould be this situation. I have had a law classes together and Deco 9 friends i a very enthus: I dent and can always be relied upon with a good attitude. He IS attentive in classes and eager to help other students. He is one at the lriendliest students I have worked with and always tries to make Iriends with even the quietest at students. When nu walk down the hall with him you will Iind many dillerent people saying hello to I would be very disappointed to Iind that his person is in question. it would be a great disservice to me and many at the other students, if tor any reason, -was not in our classes. Heel that I speak for not onl sell but lor others that may not have had the opponunity to speak to you abouthfi) Thank you for your time and my opinion on this matter ou take this with serious consideration as to the quality ol student I have Iound (we Please feel Iree to contact me on this matter it necessary. To Whom It May Concern, have knownr almost a year and have shared classes with him for the last two semesters. Over this pas year good friends. ave had the pleasure of getting to know him quite well and becoming I am aware of the accusations made against him and while not present at any of the alleged (hi! las a person that the claims made are extremely events, I can say from my personal experience out of character for him. I have never experienced to be an aggressive individual situation and have seen him to be consistently respectful towar 5 women. Overall I have found EDT. 0 be a considerate and caring person who highly values the educational environment and opportunity to learn. . January 7, 20l Frank Orona Dean of Students 9221 Paseo de Oitate Espa?ola, NM 87532 Dear Mr. Orona. I am writing this letter with respect to Mr Mr. (bxs); was a student within my Organic Chemistry lecture and laboratory courses (CHEM 30l - 20l and CHEM 301L 201). I am an Assistant Professor of Chemistry and was also responsible for teaching the Introduction to Chemistry (CHEM 10 and CHEM 10L) and General Chemistry I (CHEM l21 and CHEM lZlL) courses during the Fall 2010 semester. It is my intention to provide you with information regarding incidents that occurred in my course in addition to nty observations regarding Mr 03(6); behavior and character. My ?rst interactions with all students enrolled in CHEM 30l/L occurred via email and phone conversations during the week of August l6 August 20, 2010. was challenged with coordinating the schedules of l4 students for CHEM 301 in the Fall 2010 semester. as both lecture and lab were listed as 1 had pleasant conversations with all students and was informed that they were all looking forward to taking my course. 1 ultimately was able to accommodate every student schedule by having the lectures on Monday and Wednesday mornings from 8:00 - 9: 5 am, and the laboratory portion on Tuesday aftemoons from 3: l5 - 5:45 pm. It was through these phone calls that I ?rst spoke a it who seemed as eager as any other student to take my course. The day 1 ?rst met Mr in person was on August 23. 2010 the first day of classes for the Fall 2010 semester. Mr. was excited and ready to begin another semester much like all his fellow classmates. The members of (Biology Interest Group) and NACE (National Association of Corrosion En ineers) hosted a welcoming party for the new Science Faculty. i.e. Dr. Drl(b)(6)? and myself, on September 20 0 between 4:30 5:30 pm. This provided an opportunity for us (the new faculty) to interact with our students in an out-of-lhevclassroom setting in hepes of learning more about them. their future - lans, and the department. I had the opportunity to speak with several students including Mr during this event. Mrl(b)(6); was friendly, very open, and honest with me. On Tuesday. October 20l 0, two female students in CHEM 301 approached me to inform me that they felt uncomfortable around was surprised by the information as i had not observed any inappropriate contact or behavior between Mr. (bxs); and his classmates. Mr. iypically sat at the front left comer of the classroom next to a male student during lectures and wor wt 11 various groups during lab exercises up to this point. I informed them that I would speak with Mr.about the behaviors and assured them that these behaviors would cease as I do not tolerate them. asled ln srop by my 01310: at me conclusion oileeiure on Wednesday, 0cluher27", 20m. \1r, illingiy agreed Io some asiing why I made my Inquest. A series ofevenss occurred on Oclobern" lha! can he dialogued or discussed in person. bul physically did l'lDl see in my omce afrer elass Respoering noie leh on my ofiiee door, 1 phoned Mr. larer in lhf: aficmoon on 0erober in our ennversarion. I leaned dial Mr. had already been informed by a difierenr faculry member as lo the reason for my requesring his presence. Mr. surprised by ihe aceusarions al hand and was very apologeric for any misunderslandings. requested Mr lo slop by my omee so lhal i could discuss rhe siluarions in person. and Mr. willingly agreed. During my rneoring Mr. on November l, me, we openly diseussed the aceusarions al hand. was upsel by rhe allegalions from his fellow elassrnales, who have been his friends. Mr, expressed concern, offered apologize lo die sludenls in person. and willingly offered lo do wharcuer was required lo solve rhe problem. Iold Mr. we would anange a meeling wirh all ihe siudenls involved for an apolog). i also lold Mr, lhai he was absolulely under no circumslances permilled lo communicale Mill Lhe female sludenls, i,e. no emails, phone calls, lexl messages. or railing in rnyelass. evzn informed him has his sear would be moued rhe eenrerol'ihe elassroorn nexr lo his friend. anorher male sludenr, Clearly, Mr, was llol panicularly happy abour my deeisions. bur he undersrood ural ii was probably die besl way so avoid any more eonfronraiions or aecusaiions agreed lo obey my mlcs, Laser in rlre neek ofNovember. il was broughl [0 ailenlion llral Ms. fell uncornlonable around Mr. is informed me aha: Mr iouched her during a lab in ihe Very beginning oflhe sernesier. i did nor personally \vi'ncss this eveni. However. i informed Mr abonr ihese accusmions. was upsel by are accusalions coming from-- sludern whom he considered a good end However, Mr. 'd acknowledge louehing Ms as he was inling our lhal she was wearing a pair of jeans, which was a very rare oeenr-rence for Ms . iforrned me (he Iwo onhern have been In several classes rogerher and Ms never wears Jeans, Mr. ofl'cmd l0 apologize and follow lhe same rules. ean honesrly slare ilrese evenrs and rules. which I laid our, drasiieally rmpacied his behavior in my class. in die beginning of ihe sernesier, was cxciled In come [0 class and happily greelod me upon enlering an xam lemure. Mr as plusmL happy. and lo be presenl l0 learn no mailer lhe maaerial. Mr. oas friends wilh many ofhis elassmaies and was panieularly ourgorng. \'ncnl. humorous, srudious, and freely offered answers In nueslions These elrarasrerisiies are not panicularly surprising ro me as he is a friendly, well--morivared sxudem eager lo learn As an insrrucior, ir was in have a sludcnl willing to answer quesrions and bmak rhe silence esen .r rneanr uffcrillg up an ineorrecr soluiion, PM a srudenr's slandpouu, i can imagine reeling irrilaled by Mr ourgoing narure and willingness la parlimpare as il may inhibn responses from quiet sludenls. Aher lhese evenls were brougbi lo lighx and meelings occurred, Mr. became ry subdued in eiass. Upon enier-ing the classroom, Mr. would greer me in a quiei voice, lake is seal in [he oflhe classroom. and only spoke lo the male srudeni sirring near In him, i noliced mat Mr appeared nn--cdgc and was hesiiani when responding to queslions, which i have amihured Iu Ihc fact that I laid out strict rules. I have to imagine from a student's standpoint that the more subdued Mr. was preferred in class to the outgoing and sociable Mr. However, as an instructor, I noticed the distinct behavioral changes and was pleased to see Mr. was following directions, but I was particularly sad to have less participation from Mr. I also closely observed Mr. interactions with his fellow classmates during my lectures and labs particularly alter accusations were made. While in lecture, Mr. did not interact with other students except the male student mentioned above. Mr. was well-behaved and came to class respectfully. With regards to working with other students in lab. Mr. was partnered with the same male student he sat next to in class at my request. The two students worked in one corner of the laboratory away from the other students. The potential for interactions is particularly large in a laboratory setting. Mr. was well-behaved. jovial. and respectful in lab. During the Fall 20l0 semester. I have had many interactions with Mr. as my Organic Chemistry student. I have never personally witnessed Mr. behaving inappropriately with female students even though it was brought to my attention. I also have not observed Mr. acting in a physically threatening manner. Mr. appeared to be good friends with his fellow organic chemistry classmates. Mr. is a good student, eager to leam and willing to participate. I never left a class wondering if Mr. was present because Mr. was friendly. jovial, and outgoing. Additionally, Mr. always asked questions and offered solutions during class an ideal student for an instructor. Mr. toned down his personality after the accusations, yet he has still remained to be an Open, honest, and kind person throughout the entire process. I am more than willing to discuss any of the events that occurred in CHEM 30l/L with reSpect to Mr. I am also available to discuss more about his character. personality, and behavior if need be. ma me via email or phone (505,747.22 6 of?ce, (mam) if you have absolutely any questions or concerns. Sincerely, Assistant Professor ofChemistry Northern New Mexico College 92l Paseo de O?ate Espar?iola, NM 87532 Phone: (505)747-2216 E-mail: bkuipgr?) nnmc.edu Page 339 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 340 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy To Whom It May Concern: My name is I graduated From Northern New Mexico College May 2010 with a Bachelors Degree in Biology. On December 6. 2010 was informed by Frank Orona, Dean of Students that a female student in my Organic Chemistry class has filed charges against me of Sexual Har .1. These allegations are unfounded and completely baseless. Mis?Wand have been classmates in Chemistry I and ll of the previous academic year. We were lab partners at the be inn'ng ol'the 2009 fall semester after midterrns I asked our Chemistry Instructor Dr. 03) if I could have another lab partner instead of 6 7 . My reason for this happened to be an Unhealthy Mental Fixation Miss ad towards me. She wanted to have study sessions with me here at the college library on the weekends. Her supposed boyfriend became aware of her attemted rendezvous with me and called me threatening to? kick my ass and sta away fromr else?. must the name of her ?Alter Ego?. I called Miss and told her to talk to her boy tend about his threats which she recorded and played back for her amusement and other classmates in Chemistry. Since that time I have never spoken to Missl have never called Miss and have never touched her. I know Mis works at the Wal-Mart Pharmacy here in Espan my Prescriptions ?lled at Walgreens at N. Riverside and Fairview. If I see Miss the Library even acknowledge her presence. These allegations of Sexual Harassment and Battery are false. Missl(b)(6); should think about the consequences of filing false charges. Sincerely Page 342 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 343 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy November 8. 2010 Mr. I, . :22. 3" NNMC Dean of Student Services if} l. \?17 It; 921 Paseo de Onate Espanola, NM 87533 I -l L. Dear Mr. Montoya, it?M: SERVICE-S Subject: Harassment Issues I am writing you because - m- nun . no past situations I have encountered with another student, This student?s name is Mr [5163 He is and has been my classmate in four different classes. which include the following list with semesters General Chemistry I 121?Fall 2009, General Chemistry II 122?Spring 2010, Organic Chemis I 301?Fall 2010 and Biochemistry?Fall 2010. Since the very ?rst class I attended with Mr. I have experienced several encounters in which he has violated my personal space, made vulgar comments, touched me inappropriately and harassed me by phone as well. In this letter wish voice my complaints formally, giving speci?c detaits regarding the individual situations of harassment that have faced. I am requesting your assistance with this matter, as I can no longer continue dealing with these circumstances. I ?rst started attending Northern New Mexico College (NNMC) during the summer of 2009. In the Fall of 2009, I took General Chemis (CHEM 121), and Dr. KC Chidambaram was the instructor. The initial contact I had with Mr. was in this class where he was my lab partner. He always arrived to the lab smelling like liquor. Even though he was my lab partner, he never helped me with the lab reports. After the second lab, he asked me to go out with him to the NNMC Scholarship Awards banquet. I told him that was not interested and I had a boyfriend. As i - .- - ressed, it became time for ?nals. and he did not have his lab book Completed Dr. sked me to help Mr. since he was my lab partner. I agreed to help him with the data he did not have because ml; 356}; ?b2?7? asked me to. We had arranged to meet that Thursday afternoon at Dr. but Mr. never showed. Prior to our scheduled meeting time, I was in the Students Success Center, and in front of other students, Mr. told me, ?When I become a gynecologist, I am going to give your daughter a pap smear she is never going to forget" Besides the vulgar comment he made, the sick part of it all is that I don't have any kids. much less a daughter. He somehow obtained my cell phone number and called me Friday evening, Saturday morning, Saturday evening, and Sunday afternoon When he ralled me, he was drunk and insisted on meeting. I told him that I could not meet him outside of class. After callin me repeatedly, I told him to leave me alone. and he later left a voicemail In the message Mr. spoke in a slurred voice and said on quote. ?between me and you and chemistry, that is all I want? To this day I still have the voicemail, which is proof of the way he harassed me. The next week I spoke with Dr. and noti?ed him that I did not want to help or work with Mm anymore. I explained how he told me offensive disturbing things and how he harassed me on the phone. I also told Dr that when Mr. Wanended lab he was always intoxicated. The professor reassu - me i a - would talk to him and separate us if I wanted. I was relieved that I no longer had to interact with Mr Now, a year later, the problem still persists. This fall semester I am currently enrolled in Organic Chemis CHEM 301) and much to my dismay I have come across more similar situations involving Mr. he is in this class as well. The ?rst situation that occurred was a week and half ago, Tuesday, October 26, 2010. Mr. Mappmached me and tried to poke by breast with a pen. Page 2 December 3, 2010 When he first tried. I stepped backwards avoiding his contact He then attempted to po - me I - pen again. I was furious and grabbed the pen out of his hand. Our professor Dr. witnessed the whole scene and saw the disgusted, angry look on my face. After Mr. . told me, ?Good job avoiding that." The second incident occurred a week later Tuesday. November 2. 2010. I arrived to the chemistry lab delayed because of another class which ended late. Everyone had formed into groups of two individuals, and I did not have a partner. Mr. Wmen walked in late as well. and therefore, he needed a partner. I asked Dr. to ?please let me work with another group.? because I did not want to work with him. Dr. granted me permission to join another group. After Mr. had settled in, he went around the room asking various students if he could jcin their grou . was faced the other direction towards the scales where I was weighing a chemical product Mr. went behind me and poked the inner part of my arm hard with his ?nger. The area he poked was closer to my arm pit, an inch nearer and he would have touched the side of my breast ?um and moved my elbow back to push him away. I yelled at him and said, ?Don't touch me!? Mr. laughed and asked me, ?Do you have a partner?" I said. ?Yes, I do!? There was another student. Mr. who observed what happened Mr. lm _looked at me and shook his hea. as saw what Mr. did and he said. ?Yes' I asked him if he could bear witness to what occurred and he agreed. As I soon as I caught Dr. attention, I told her about what Mr. had done to me. Dr. said that she was going to have a meeting and assured me take she would take care of It. After these different incidents. I strongly feel that something must be done. A year ago I dealt with the same harassmenthand. I cannot continue to endure this unwarranted treatment from another student. This is sexual harassment, and it needs to stop. I request your immediate attention for this situation and entneat your intervention in this matter. I appreCiate all the assistance you can give regarding this issue. Sincerely. Page 346 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 347 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 348 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Frank Orona From: Sent ursay, ecember 02, 2010 8:13 AM To: Frank Orona Cc: Alfredo Montoya; ?mm: Police lnvestigati Subject: Good morning, Frank, When I arrived this morning there was a police officer, Jeremy Apodaca, here to speak with you about alleged student-to student sexual harassment issues brought to Alfredo?s attention earlier in the semester. The student or students have now involved the Espanola police because they feel their concerns were not adequately addressed by the college. Officer Apodaca would like you to call him at your earliest convenience at 753-5555. I am copying Alfredo so that he can, perhaps, bring you up to speed. Officer Apodaca says he will need to speak to both of you. The situation has been occurring in 3 Biology class and other places on campus as recently as about two weeks ago but, according to the student(s), has now escalated to battery off-campus and possibly also breaking and entering the students? homes. Please let me know if there is anything I can do to help prepare you to deal with this situation. (bxe); Registrar interim Assistant Provost for Academic Support Northern New Mexico College 921 Paseo de Onate Espanola, NM 87532 phone: 505-747-2115 fax: 505-747-5449 (bxe); (bxe); (who) Alfredo Montoya Dean of Students 921 Paseo de Ofiate Espar'iola, NM 87532 Dear Mr. Montoya, I am writing to document and disclose information pertaining to incidents occurring with Mr. I?b2?62; ?b is a student in my organic chemistry lecture and laboratory courses (CHEM 301 201 and CHEM 301L 201). In order to understand the time frame, 1 must inform you that the lectures are on Monday and Wednesday mornings from 8:00 am to 9:15 am and the laboratory portion takes place on Tuesday afternoons from 3:15 pm until 5:45 pm. During the organic laboratory session on October 26", 2010, Ms- was standing in front of me askin 1 a uestion. Mr. approached Ms. to return a pen, which he had borrowed from Ms It is imperative for you to know that all students enrolled in chemistry laboratory courses to purchase and wear laboratory coats. Ms. laboratory coat is a ?tted coat and has a set of breast coat pockets along with waist line pockets. Mr. Wwas attempting to place Ms. pen in her breast coat pocket of her laboratory coat. Ms- quickly realized what Mr. about to and reached her hand out to grab the pen before Mr. Wcould get close enough to'place the pen where he desired. The look on Ms. face told me that she was extremely uncomfortable and bothered by what Mr. Wahnost managed to do. Ms. did not need to tell me about this incident as it took place right before my own eyes. I do not accept this type of behavior and do not to have any students in my courses feel uncomfortable and vulnerable. . -. On October 2010, I asked Mr. to stop by my office at the conclusion of our lecture course at 9:15 am. Wentered my office around 1 1 am. I shut the office door to discuss the sensitive issues at ifonned Mr. Was to why I had asked him to come speak with me in private. 1 told Mr. that his behavior was inappropriate and unacceptable. 1 also stated that every individual has - - sonal space and that he (Mr. needed to stay out of Ms. Wpersonal space. Mr. inc that this would never happen again. I must report that Mr. Wdid not uphold his end and his assurances as another incident occurred bn November 2010 during our organic laboratory session. My students work with partners. me aside to ask for assistance as she and Mr. Wwere the only students without Ms. Masked me not to pair them together especially a?er last week I obliged and told her to join a group. I stated that if Mr. Mom to me to about ?nding a partner, I would put him in a group. I thought that potential troubles would best be avoided in this manner. Neverthel?ss, iirifin'cident occurred that Ms. Mbmught this situation to my attention. 1 did not personallyevent as I was kneeling at the counter below Ms. going through kits in the . "1 .. A o. is cabinet to help another student. After I had told Ms. Wm join a group, she was working at the analytical balances. Mr. witnessed this event. Mr. walked up behind Ms. and - ked her between her tricep and side, keeping in mind that her arm was resting against her side. Mr. was not too far from touching her in a very inappropriate location. Ms. speci?cally told Mr. not to touch her. Mr. mugan laughing and then asked if she [Ms. had a partner. Ms. informed Mr. Wmat she in fact already had a partner. Mr. Weventually walked away and approached me. Mr. informed me that he [Mr. was not feeling well, that he had a flu shot earlier in the morning, and that he would have to leave the lab. I told Mr. What was ?ne and that I would come up with a make?up Opportunity. After Mr. kat the laboratory, Ms. told me about the situation. Inappropriate behavior is not acceptable in my class, especially since my students work with partners to perform laboratory experiments. I need to resolve this matter quickly as we still have several weeks left in the semester. I am seeking your assistance in dealing with these matters as I have been informed by Ms. that identical issues have been brought to my director, attention prior to my arrival here in mid-late August 20l0, yet the problem still exists today. Please help me to rectify this issue and enable me to make . um 99 -. . .- and comfortable place for all of my students. Feel free to contact me via email or via phone (505.747.2216 of?ce, Thank you in advance for your willingness to assist my students and me. 0.x Sincerely, (b)i7'tc'f (bxe); (Midi) Assistant of Chemistry Northern Netti/"Mexico College 921 Paseo Chat: Espa?ola, NM 87532 Phone: (505)747-2216 E-mail: bkuiM?nmcedu Page 353 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 354 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 355 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy - P1 MEMORANDUM . TO: OCR FROM: DIRECTOR OF HUMAN RESOURCES AND TITLE IX COORDINATOR, NORTHERN NEW MEXICO COLLEGE SUBJECT: CASE 08?11-2125 DATE: 5/25/2011 CC: FILE .. . .. .. -. .. .. .. .. called into a meeting Ms. had with Dr. Nancy Barcelo, President of Northern New Mexico I became aware of the (W6). complaint by Ms. Wednesday, April 20, 2011. was College. At the conclusion of the meeting, I read the complaint letter Ms. submitted to the President outlining her complaint(s). The following day (April 21, 2011) I interviewed Dr. Mellis Schmidt, Dean of the Math Science Department and Danirector of the Math Science De artment at the request of the Provost, Dr. This meeting was to investiate Ms. request for a grade change for her Fall ?10 Organic Chemistry class with Dr Following the meeting with Dr. Schmidt and Dr. I interviewed the new Dean of Student Services Mr. Frank Orona Aril 22, 2011) to further understand Ms. complaint(s) regarding Mr. . The complaint(s) were complicated due to the time that had passed (fall. 2009 until late spring 2010) and that there were two alleged harassers and one alleged retaliatory faculty member. After interviewing the Dean of Student Services, I left a message for the former Dean of Student Services to call me regarding an interview. collected with regard to Ms. complaint(s). Documents included Ms. summary of events to the President. an ear Colleague letter provided by Msm. an ers from Ms. to President Barcelo. Dr. Schmidt and Alfredo Montoya, an e-mail to Dr. Schmidt and all of Dean Orona's notes. Over the week-end of Aril 23 2011 and April 24, 2011, I read all additional materials I had On Monday, April 25, 2011, I made a list of additional individuals I wanted to interview for the investigation. This list included: Jerry Apodaca City State law enforcement Anthon Jaramillo Dr College faculty Dr - Provost Alfredo Montoya Former Dean of Student Services EXHIBIT 5 College students (bl(7(C) Accused students On Tuesday, April 26, 2011 I started to create a time line of events regarding Ms. COW olaintls Ms. so I could understand the sequence of events. I was still working on this timeline when appeared at my of?ce wanting an update on my investigation. I told her the individuals I has spoke our Couns to and the individuals I still needed to speak to. I asked her if she would contact Ms. Ms. nd Ms and ask them to call me and she readily agreed. I told her that a recommended that the College wait for the results of the involved to co also asked Ms. aw enforceme - nclusion prior to making our ?nal decision and number of questions to clarify a number of questions I ha regard to the circumstances she had related in her written complaints. I told Ms. frustrated that I would not just conclude the incidents sh She complained that campus. recommen that there were a lot of individuals to interview and she seemed somewhat -o were true and expel the students. sident had said the student was expelled and should not be on When Ms. I left, I met with the Chief of Staff and related Ms. visit and dad that we do everythini we could to expedite the investigation. I did not receive calls from Ms Ms. or Ms. (b On Friday night, April 29, 2011 at 10:28 pm. Ms. self, the Chief of Staff, Msl(b)(6); regarding her feelings about this situation. sent an e-mail to President Barcelo I libxe); (mate) I and On Monday momin . May 2, 2011the Chief of Staff e-mailed Ms notifying her that Mr. nd Mr. lbw); would no longer be allowed on campus. She also informed Ms. that matters regarding Dr. were continuing to be investigated. Dr. has given the College her notice of resignation. IJ NAMES AND CONTACT INFORMATION . - - (bxe); Of?cer Jerry Apodaca, Espanola PD (phone) 505-753-5555 Dr. Nancy Barcel?, President (work) 505-747-2140 nbarwlOanmC?dU .. Dr. Mellis Schmidt, Dean of, Professor (work) 505-747-2213 Of?cer Anthony Jaramillo, NM State Police (phone) 505753-1000 Alfredo Montoya, Director of Financial Aid (work) 505-747-2122 alfredannmcedu Frank Orona, Dean of Student Services Director of Recruitment (work) 505-747-2161 foronaanmcedu EXHIBIT 8 86/81/2811 14:43 1585?472121 FINANCIAL ASSISTANCE 82 BEFORE THE DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS WESTERN DIV ISION (who) Charging Party, OCR CASE NO. 08-11-2125 NORTHERN NEW MEXICO COLLEGE Respondent. WW I have personal knowledge of the facts outlined in this a?davit, and I am competent to testify to themcurrently the Director of Financial Aid for Northem New Mexico College. I have been mp1 . -. Colle for approximately 24 years. When Ms Harm ?rst ?led a complaint in November of 2010 with the College regarlng aeged sex by other students, I was sewing in the capacity ofDean of Students. November of 2010 also marked the time when I Was back to the Financial Aid Deparlmant from the Dean of Students sition. Therefore, I was only present for the initial stages of the investigation of Ms. claims. I know that such charges are Very Serious, and the College requires that sta??trcats them as such. Therefore, when I ?rst heard from Ms. about her claims, I immediately began an investigation. speci?cally, I met in person with Ms. MI and we visited at length about the matte of her claims. the facts surrounding the claims, and about other corroborating data. In addition to Ms. claims about sex harassment, she also alleged that the students that she was accusing had also broken into her apartment and that they were responsible for bomb threats made against the school. When asked, she did not have any evidence to support these allegations. Many of my notes from the initial stages of this investigation are included in the response to data request. Speci?cally, many of my handwritten notes are marked as part of exhibits 5A and 6D. As you can see, I was able to gather substantial notes before my departure Earn the position. I believe that the College?s response was reasonable and prompt and in keeping with policy. 10) was not able to make any determination regarding the accuracy of the claims before leaving the Dean of Students position, but I did work with the new dean, Frank Orona, to ensure that he understood the work that I had done and was ready to complete the investigation. 11) I understand that ultimately Dean Orona did not ?nd a basis to conclude that sex harassment had occurred. During my portion of the review,1 had not come across supporting evidence either. 12) If you have any questions, you may contact me at (505) 747 2100. an?-ls I Alfre?i Montoya EXHIBIT /0 86/811?2811 14:43 15857472121 FINANCIAL ASSISTANCE PAGE 83 Subscribed and sworn before me this day of June, 2011, by Al?'cdo Montoya. ires 20.3, I ?fq?isqission Exp .. . ?.'I'n'asiatxzall 12:49 5857472188 NNMC PAGE 61 BEFORE THE DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS WESTERN DIVISION EXHIBIT i Charging Party, vs. OCR CASE NO. 0841-2125 NORTHERN NEW MEXICO COLLEGE, Respondent. Af?davit of Frank Qrona have personal knowledge of the facts outlined in this af?davit, and I am competent to testify to them. 1) i am the Interim Dean of Student Services for Northern New Mexico College. I started in that position approximately in December of 2010. 2) I became aware of Ms. complaint the day that] assumed the role of Dean of Student Services. 3) I visited with the former Dean, Alfredo Montoya, to inquire about the docmnentation that he had regarding this case and his investigatory efforts to date. Mr. Montoya gave me a folder With two handwritten documents that contained statements by Ms. and another student, meerl Chavez. 4) Dean Montoya?s ?le also included notes from a conversation with one of Ms. professors, Dr. Chidarnbaram. Also in the ?le is a copy of an email to Ms. dated 11/02/2010 that encouraged Ms. Wm report her concerns to the Dean of Students. 5) On December 2. 2010, I received word that Ms. Mind reported her concerns to the local police. In addition to complaining of the alleged improper physical contact, Ms. Waldo alleged to the police that the accused students had also broken into her apartment. i did make attempts to reach the police, but ultimately, we were not able to connect. My understanding is that the police never charged the accused students with any crimes. 6) On December 3, 2010, I met Ms. Mfor the ?rst time. She detailed her complaint verbally going badk as far as Fall semester 2009. She claimed that Mr. as assigned as her lab partner in Dr. {Em class and shortl thereafter the harassment began, includin vul ar comments and harassing phone calls. Ms. also allc ;ed that another student, Mr. Es 6 7 grabbed licr thigh in a lab class. According to Ms. she reported this behavior to Dr. He urgedlher at that time to send a letter to the Dean of Student Services. 7. Ms. Mnever filed a claim with the Dean of Student Services during the 2009 school year, and ms underlstanding from her correspondence is that Dr. addressed the alleged problems to Ms. satisfaction in class at the time. 8. During my meeting with Ms. she also complained that the incidents of alleged harassment began to reoceur during thol year. She complained about the alleged lae'.< of response from herilab instructor, Dr. 9. Ms. 130 made some unrelated allegations that i could not corroborate. For example, she stated Dr. ay have failed to respond because she mi ht be in an improper relationship with one of this accused students. She also expressed concern thatas retaliating against her aeademidally i? or making the complaints. Furthermore, Ms. - also stated that she suspected that the accused students may have been phoning in bomb threats to Northern New Mexico College as they were both alwilys absent-when bomb threats were called in to the College. Ms. also shared that her home had been! broken into (suggesting that the accused students had done it) and that she felt that Mr. 66/61/7811 12:49 5857472186 PAGE 82 was stalking her at her place of employment. As indicated, Ms. mhad no supporting evidence for these far reaching allegations, and the extreme nature of the allegations gave me concern about her overall veracity and the reliability of the information that she was providing concerning sex harassment allegations. 10) After this meeting Ms. provided me with a copy of the letter of complaint that she had submitted to Dean Monto a. It was dated November 8, 2010. informed Ms. Mthat I would be interviewing both Mr. and Mr. Wand getting statements from them regarding these allegations. 1 also informed her that 1 would hand deliver a letter to them to let them know that 1 would be conducting an investigation into this matter. 1 1) On that same day, 1 sent messages to both Mr. and Mr. stating that I needed to meet with them. 12) On December 6, 2010, 1 met with vehemently denied allegations made by Ms. WI provided him a letter that 1 have written advising him of ?allegations of serious misconduct", which is included in the Response to the OCR Data Request. In that letter, 1 instructed Mr. mm not interfere with the investigation in any we and if there is interference he could face suspension or expulsion. By the end of the day Mr. submited to my office his own letter detailing his version of the alleged incident. 13) Also on December 6, 2010, Ms. Mreorted to me that Dr. has accused her of cheating on an exam. 1 instructed her to meet with Provos I egarding that issue. My understanding is that Ms. turned in material that substantially matche another student?s materials, and the instructor gave them both zeros on the project. That grade was eventually reversed by the Dean. 14) On Decem?acr 8 2010, 1 met He denied the allegations of sexual harassment and or battery. Mr. stated that he believed there to be tension with Ms. because she had been falsely accusing him of makin bomb threats to the College. 15) in addition to taking Mr. statemen 1 also received letters of support on Mr. behalf from Dr. and three of his and Ms. fellow students, all of which are included in the Response to the OCR Data Request. 16) A?er the interviews, I be an investigation and determined that I did not have evidence that would justify expelling either Mrile?tlor Mr. 1 also did not have evidence that 1 believe demonstrated a clear violation of policy that warranted other discipline. I related to them that they would be allowed to take their final exams and complete the Fall 2010 semester which ended 12/17/10. At that point, I considered the matter completed. 17) Mr. graduated and did not retum to Northern after December of 20 1 o. 18) However in January 201 1, Ms. informed me that she was seeking a protective order against Mr. who was enrolled in a class with Ms. 19) On February 18, 2011, Ms. provided my of?ce with a copy of the restraining order against Mr. 1 20) At that point, my concern was how the College would be able to meet the educational needs of both students since they were enrolled in at least one class together. in an e?'ort to resolve. the matter. 1 meet with the instructor, Dr to inform him of the restraining order. The rofessor offered to work with Mr. Iso that he cou - complete the class. 1 also questioned Dr and asked if he had noticed any animosity between the 2 students or had any problems in his class and he replied in the negative. 21) While 1 have found no evidence to support the charges made by Ms. involving sex harassment, 1 continue to monitor the situation closely. 22) I recognize that Ms. may not agree with the outcome of the investigation of these matters. However, 1 ?rmly believe that the College?s efforts in its review of this matter were thorough and fair. Furthermore, I believe that the process of reporting such claims to the Dean worked in this instance to obtain the type of investigation that needed to be done. 23) In the end, the College acted reasonably and in good faith in response to these very serious allegations, and OCR should reject any claim that suggests otherwise. 24) if you have any questions, you may contact me at (505) 747 2100. rank Orona 66/61/1611 12: 49 5657472186 PAGE 63 Subscribed and sworn before me this ?ay ofJune, 201 I, by Frank Orona. Notary Public My Commission US. DEPARTMENT OF EDUCATION 1244 SPEER SUITE #310 DENVER, CO 80204-3582 Telephone (303) 844-5695: Facsimile (303) 844-4303; TDD 1-877-521-2172 email: OFFICE FOR CIVIL RIGHTS DENVER OFFICE Arizona, Color-do, New Mexico. um. May 12, 2011 Dr. Nancy Barcelo, President Northern New Mexico College 921 N. Paseo de O?ate Espanola, NM 87532 Re: Ng?hgg New Mexico College OCR Case Number: 08-! 1-2125 Dear President Bareelreceived a complaint alleging the College discriminated against a student on the basis of sex. We have determined that we have the authority to investigate this complaint consistent with our complaint procedures and applicable law. Speci?cally, the complainant alleges l. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009 (continuing violation); 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010 (continuing violation). 3. The College retaliated against the complainant by: instructing her to attend a faoe~to- face meeting with the student alleged to have sexually assaulted her and two other students (November 17, 2010); by intimidating and coercing her so she would not ?le a sexual harassment complaint (November 18, 2010); by accusing her of cheating and failing her in an organic chemistry course when she did ?le 'a sexual harassment complaint (December 6, 2010); and by coercing her not to enroll in CHEM (January 7, 2011). 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. We are responsible for enforcing Title IX of the Education Amendments of 1972 and its plementing regulation at 34 Code of Federal Regulations Part l06, which prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance ?om the Department Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title are protected from intimidation or retaliation by 34 C.F.R. 106.71, which incorporates 34 C.F.R. forward EXHIBIT i 15L Page 2 President Barcelo As a recipient of Federal ?nancial assistance from the Department, the College is subject to these laws and regulations. Additional information about the laws OCR enforces is available on ma website at Because we have jurisdiction and the complaint was ?led timely, we are opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that we have made a determination with regard to their merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. Please read the enclosed document entitled Complaint Processing Procedures? which includes information about 0 complaint evaluation and resolution procedures; 0 Regulatory prohibitions against retaliation, intimidation and harassment of persons who ?le complaints with OCR or paru'cipate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. We intend to conduct a prompt investigation of this complaint. The regulation implementing Title VI, at 34 100.6(b) and requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 106.71. Pursuant to 34 CPR. 100.6(0) and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. In order to reach an ef?cient and timely resolution to this matter, we are providing you an opportunity to present the College?s response to these allegations and to submit supporting documentation. We have also determined that the information itemized in the enclosed ?Data Request? is necessary to initiate resolution. We request that this information reach our of?ce as soon as possible but no later than May 27, 2011. Ifany of the required items are available to the public on the Internet, you may provide the website address. You may also send documents to us by email to jim.long@ed.gov or by fax to (303) 844-4303. Because email is not reliably secure, please do not email any document that contains personally identi?able or private information. If our investigation establishes that there has been a violation of law, we will attempt to negotiate a remedy. If we are unable to secure appropriate remedial action, we must initiate formal enforcement action by commencing administrative proceedings seeking the termination of Federal ?mds to the College or a referral to the Department of Justice. These enforcement Page 3 President Barcel? procedures will be initiated only if a violation is found and then only if we are unable to negotiate voluntary remedial action. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title IX are protected from intimidation or retaliation by 34 C.F.R. 106.71, which incorporates 34 C.F.R. Thank you for your cooperation in this matter. In addition to the information requested above, we may need to request additional information and interview pertinent personnel. If an on-site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. Please notify us of the name, address, and telephone number of the person who will serve as College?s contact person during the resolution of this complaint. We would like to talk with this person as soon as possible regarding this matter. We will continue to address letters to your attention with a courtesy copy to the College?s designated contact. We are committed to prompt and effective service. If you have any questions, please contact me . at (303) 844-6299 or by email at jim.long@ed.gov. James D. Long, Jr. Senior Attorney Enclosures Data Request and Complaint Processing Procedures? UN ITFD STATES DEPARTMENT OF EDUCATION ?Clo-V - . or no; r011 IL RIGHTS u.wa MEXICO 12-1-1 SPEER BLVD, SUITE 310 Lil All DENVER, CO 80204-3582 WYOMIXG October 28. 2013 Dr. Nancy Ba?celo. President Northern Ne? Mexico College 921 N. Paseo 1e Ohate Espa?ola. New Mexico 87532 RE: Northern New Mexico College Case Number 08-11-2125 Dear Dr. Barcelo: This letter updates the monitoring requirements for Northern New Mexico College for the referenced case. The College. pursuant to its request. entered into a January 31. 2012 Resolution Agreement that resolved the allegations of the complaint. OCR acceptet. for investigation the Complainant's allegations that 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. 3. The College retaliated against the Complainant by: instructing her to attend a face-to- face meeting with the student alleged to have sexually assaulted her and two other students: by intimidating and coercing her so she would not file a sexual harassment complaint: by accusing her of cheating and failing her in an organic chemistry course wl en she did ?le a sexual harassment complaint: and by coercing her not to enroll in CHEM 4. The College failed to designate a Title IX coordinator.I 5. The College failed to adopt and publish adequate Title IX grievance procedures. The Agreeme ?11 required that the College submit reports demonstrating that the terms of the Agreement were fully implemented. We received the College's most recent monitoring report on August 30. 2013. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 and its implementing regulation at 34 .F.R. Part 106. which prohibit discrimination on the basis of sex in education programs and activities that receive Federal financial assistance from the United States Department of Education. Individuals tiling a complaint, participating in an investigation. or asserting a right under Title IX are protected from intimidation or retaliation by 34 .F.R. 106.71. which incorporates 34 C.F.R. As a recipient of Federal ?nancial assistance We investigated this allegation and found there was no violation and that the College had designated a Title IX Coordinator. 1110 Departure 11 of Education's mission is to promote student achievement and preparation tor global curntx?titivem-ss by fostering educational excellence and ensuring equal access. Page 2 of4 from the Department the College is subject to this law and regulation. Additional information about the laws OCR enforces is available on our website at A discussion of the College?s reports and our monitoring of its compliance with the Agreement is outlined in the following discussion. Terms ofthe Agreement are quoted in italics followed by our comments regarding our evaluation of the College?s reports. We previously determined that the College had satisfied several of the terms of the Agreement: those terms are summarized in what follows. As discussed in the following, the monitoring is complete and the case is closed. Title IX Grie\ ance Procedures - Action Steps #2 The College completed Action Steps #1 and #2 in accordance with the Agreement. The several elements of Step #1 focused on developing compliant and effective Title IX grievance procedures. providing for the prompt and equitable resolution of complaints alleging violations of the Title IX regulation (see. 34 Step #2 addressed the adoption and implementaticn of the grievance procedures once approved by OCR. OCR confirmed the completion of both Steps. On January 3. 2013. OCR approved the College?s Title IX grievance procedures for students and employees to address complaints of sex discrimination (including sexual harassment. sexual assault. and sexual violence). as required by Title [X?s implementing regulation at 34 On March 18, 2013. OCR con?rmed that the College had adopted and implemented the new Title .X grievance procedures. OCR has determined that Steps #1 and #2 have been completed. Notice of Nondiscrimination/Title IX Coordinator Action Steps #3 - Action Steps #3 and #4 called for the College to revise and publish its notice of nondiscrimination required by 34 .F.R. 106.9. OCR reviewed and approved the revisions on January 13. 2013. and con?rmed the publication on the ollege?s website on September 24. 2013. The College documented that the notice. including identification of the title or name. office address and telephone number for the ollege?s Title IX coordinator was properly published after approval. Action Step #5 required the revision of the job description and training requirements for the Title IX Coordinator and others involved in processing grievances under the procedures revised pursuant to Action Step OCR con?rmed completion of Step #5 on March 18. 2013. This information was also communicated by letter/e-mail to all students. staff. and faculty by the College President on July 16. 2013. OCR earlier determined Steps #3 - #5 are complete with the exception of the matter discussed in the following paragraph). In our monitoring response of Jun 18. 2013. we asked the College to report on the completion of Action Step #3 (last sentence). Action Step #4 (documentation of electronic and printed publication of information). The relevant portions of these Steps provide 3. . . . The College will widely publish this notice [the notice of the name and contact information for the Title IX coordinator] consistent with the requirements of34 106. 2. i?x? . {he 'u/fugu will individum?b muff} .v'izu um;n?uinum in wrinng Hf (he remix-mi new ?ne/.111 I'Ie?i' Lize College a\ ided OCR a copy ofthe lelier sent 10 the C?mnpluinum on July SH. 2013. \xi.h pie-03' (Jikleiixe The Zeiier contained information about in: Chile; ?5 ised gmiie}. informative. or ho? 1e locale the poiiey or. the College?s \xebpug and included :1 cup} with: YIWiSt?xi policy With the (?oiiege?s recent submission. Step #14 is complete. Based 01?. iexx ui'lhe College's current and pm inus reports. hm delertnined 1313'. Elie College 219.; mm Agreement I'erms and that further ntoniim'itze is not required. This case is closed effectix the date of this letter. :smreezute me ullege 5 elmrb meemtg me terms o! 115 Agreemeni{em in? the eilom Em Hue wtunmzm. Jennie - x. 1 J: vyn\\ . Iv- ?lv - n? 4'9) L. hLuL edm?ldlm. 01 11?. meng ihls ulbc.01q.? 1.115 9:61.36 do 4:01 (0 wnmu Lung or 34-- 4831 ?5301; 3121.0 any questions or concerns. e-n 4 Resolution Agreement Northern New Mexico College OCR Case Number 08-11-2125 The US. Department of Education, Of?ce for Civil Rights (OCR). initiated the above-referenced complaint against Northern New Mexico College (the College). pursuant to Title IX of the Education Amendments of I972 (Title IX). 20 U.S.C. 168] ct seq.. and its implementing regulation, 34 CPR. Part 106. Prior to the completion of investigation. the College asked to resolve the issues of this complaint pursuant to Section 302 of Case Processing Manual (CPM). The College re-af?mts its commitment to comply fully with Title and its implementing regulation The College's participation in this agreement is voluntary and solely for the pinposes of resolving allegations in the complaint. The College's agreement to address improvements in its reporting practices, its Title IX policies and grievance procedures. and to provide remedies to three students is not an admission of fault or legal wrongdoing. Accordingly, to ensure compliance with Title IX and its implementing regulation and to resolve the issues of this case, the College voluntarily agrees to take the following actions: Title IX Grievance Procedures 1. By March 1, 2012, the College will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title [X?s implementing regulation at 34 CPR. The College will ensure that these procedmes provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: a. a notice that the procedures apply to complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) by employees, students, or thirdparties; b. an explanation of how to frle a complaint pursuant to the procedure; c. the name or title, office address. and telephone number of the individual with whom to file a complaint; d. de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence); e. provide for the adequate, reliable, and impartial investigation of all complaints, including equitable treatment of the parties and the opportunity for the parties to pment witnesses and other evidence; (Ct/tr. (492?, Page 2 - Northern New Mexico College - OCR Docket 308-1 1-2125 f. timeframes for the major stages of the investigation; written noti?cation to the parties of the outcome of the investigation; h. an assurance that the College will keep the complaint and investigation con?dential to the extent possible; i. notice of the opportunity for the parties to appeal the ?ndings; j. decision-maker; k. a statement that the College will take reasonable steps to deter future discrimination. and to remedy the discriminatory effects on the vietirn(s) and others; and l. a statement that Title prohibits retaliation against any individual who ?les a complaint under Title or participates in a complaint investigation. 2. Within 45 calendar days of written noti?cation from OCR, the College will adopt and implement the procedures and will provide all students and employees with notice f? ensure broad dissemination. The College will include in its revised Title IX procedures provision for conducting a biennial review of its procedures for implementing the ,3 requirements of Title to ensure the College is acting to prevent sex discrimination j? bf (2 (including harassment), to stop it when it occurs, and remedy it when it is found to have occurred. 92/ u, .1 Jo Notice or Nondiscrimination/Title IX Coordinator . I 3. By March 1, 2012, the College will draft and submit to OCR for review a revised notice of nondiscrimination pursuant to 34 C.F.R. 106.9, which will notify students, Uji employees, and other relevant persons that it does not discriminate on the basis of sex in the education programs or activities that it operates, in employment, and The i 7 policy shall include the title. of?ce address, and telephone number for the College's Title ?la/U The College will widely publish this notice consistent with the requirements of Title at V. 7. 34 C.F.R. 106.9. 4. Within 45 calendar days of written noti?cation from OCR that the College?s notice of nondiscrimination complies with Title IX. the College will ensure that. to the extent required by Title IX at 34 CLR. l06.9. electronic and printed publications of general [mt distribution that provide information to employees and students about College services contain the notice of nondiscrimination. Inserts may be used pending reprinting of time Q, publications. Page 3 - Northern New Mexico College - OCR Docket #08-l 1-2125 5. By Mny 15, 2012, the College will revise the job description and corresponding training . requirements for its Title IX Coordinator and, as appropriate, any deputy coordinators, to I I the proper handling of Title IX complaints as outlined in the College?s Title policies and procedures. 0 Training for Title IX Coordinator and College Personnel 6. By May 15, 2012, the College will schedule Title IX training for its Title IX Coordinator and any other college coordinators, officials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination 1, (including sexual harassment, sexual assault, or sexual violence) and retaliation or who a will otherwise coordinate the College?s compliance with Title IX. This training will I I cover the College's new grievance procedures for Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title lX, as well as how the College?s responsibilities under Title IX and the Clery Act, 20 U.S.C. 1092(0, differ. 7. By May 15, 2012, the College will schedule Title lX training for all administrators, professors, instructors, coaches, and other staff who interact with students on a regular i basis regarding sex discrimination and harassment, the College?s responsibilities. under v3.3? 13 Title IX, and the College?s new grievance procedure. As part of this training, sta?? will (i 3 ?16. receive written guidance regarding proper reporting and the irnpermissibility of retaliation. 8. By June 30. 2012, the College will deveIOp an annual Title IX training program to ensure ?l that sta?? and faculty receive adequate training. which program could consist of one or Mr j, more in-depth training sessions or a refresher. The goal of the training will be to ensure (hr ?55} 7 that College staff and faculty are aware of any changes to the law. College policy, and College practices in this area. 0 Individual Remedies 9. By June 4, 2012, the College will offer an informational session to students during orientation (as part of the annual student orientation for new and returning students) to 0 inform them about the College's prohibition against sex discrimination, how and to I I whom to report any incidents of sex discrimimtion (including sexual harassment. sexual I 3 assault, and sexual violence), and the Title IX grievancc procedures. 0 a 10. By February 15, 2012, the College?s Title 1X Coordinator or other similarly qualified official will offer to meet individually with the Complainant and other two victims of sexual harassment/assault identi?ed in her complaints and provide them with the I opportunity to discuss any concerns they have about incidents of sexual \?nmment/asseult they alleged. During the meeting the College will emphasize its . 3. commitment to having a college environment free from all harassment, remind the students of the College?s commitment to ending sexual harassment/assault, and inform them of the steps being taken to that end. Page 4 - Northern New Mexico College - OCR Docket #08-1 l-2125 11. By February 15, 2012, the College will provide the Complainant a written statement acknowledging that her complaint was not handled as as it should have been .3. 'l?hestatementwillexpressthe College?s commitment to remedy those procedural shortcomings. As part of its statement MW to the Complainant. the College will commit to notifying the Complainant and other two students referred to above if the two males accused of harassment attempt to re-enroll and assure her that the two males will not be permitted to register for courses in which she and the other two female students are registered. 12. By February 15, 2012, the College will offer the Complainant up to four counseling sessions with an appropriate College or civilian counselor to address the experiences Adv/6 e. I a; raised in her complaint. 13. By February 17, 2012, the College will refund the Complainant the tuition and fees she paid to the College (or that was paid on her behalf) for the semester in which she was enrolled with the alleged harassers. Additionally, the College will refund the tuition and :3 fees associated with the chemistry class identified in this complaint. for the other two female students referenced above in item #10. 14. Within 14 days of the adoption of the College?s revised/new sexual harassment policy and Title IX grievance procedures, the College will individually notify the Complainant fl Dr; in writing of the revised/new policy and procedures and provide her copiesTitle Ix Grievance Procedures a By March 1, 2012, the College will submit to OCR for its review and comment its Title IX grievance procedures referenced in item #1 above. b. Within 45 calendar days after approval of the Title IX procedures referenced in item it! above, the College will provide OCR with documentation that it has implemented item #2 above, including copies of the written notices issued to students and employees regarding the new Title 1X procedures and a description of how the notices were distributed; copies of its revised student and employee handbooks; and a link to its webpage(s) where the revised Title IX procedures are located. c. By December 31, 2012, the College will submit to OCR copies of all Title IX grievances ?led under the OCR approved grievance procedure by students alleging sexual discrimination or harassment, including allegations of sexual assault and sexual violence, and retaliation, during the 20] 1-2012 school year. The College will make available to OCR documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any ?nal disposition letters, disciplinary records, and documentation regarding any appeals. Page 5 - Northern New Mexico College - OCR Docket #084 1-2125 0 Notice of Nondiscrimination/1? itle IX Coordinator d. By March 1, 2012, the College will provide OCR with a copy of the College's Title IX notice of nondiscrimination referenced in item #3 above. e. Within 90 calendar days of approval of the College's notice of nondiscrimination, the College will provide OCR with documentation that it has implemented item #4 above, including copies of any printed publications, and web links to any electronic publications containing the notice. I. By June 30, 2012, the College will provide OCR with documentation that it has implemented item #5 above. including the name and title of the Title lX Coordinatods), and a copy of the job descriptions) and training requirement(s) for the position(s). 0 Training for Title IX Coordinator and College Personnel g. By Jane 30, 2012, the College will provide OCR with documentation that it has completed item The College will document that the required training has been completed, including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individmls who attended the training. and copies of any materials used or distributed during the training. The report will include a copy of the memorandum distributed to faculty and administrators pursuant to item h. BanneSO,2liiZ,theCollegewill provide OCRwithdocumentation that it hascompleted item including the dates of the training. the names. titles and quali?cations of the individuals who provided the training. a sign-in sheet showing the names and titles of the individuals who attended the training. and copies of any materials used or distributed during i. By September 1, 2012, the College will provide OCR a copy of the training program (including copies of training materials used) required by item #8 along with a schedule for the ?rst annual training session and refresher. 0 Individual Remedies j. By June 3., 2012. the College will provide OCR with documentation that it has implemented item including a descriptions of the informational sessions. and copies of any written materials to be distributed during the sessions. it. By February 29, 2012, the College will provide OCR documentation con?rming it made the o?'er described in item #10. (2) con?rmation that it conducted the meeting(s) if the offer was accepted, (3) a copy of the statement referred to in item #1 with evidence that it has been delivered to the Complainant, and (4) documentation that it made the offer addressed in item #12 along with the Complainant?s response. if any. Page 6 Northern New Mexico College - OCR Docket #084 1-2125 I. By February 29, 2012, the College will provide documentation that it has completed the refunds required by item #13 and reimbursed the Complainant for any expenses described in item #13. or. By June 30, 2012. the College will provide documentation demonstrating that it provided a copy of the College's revised/new sexual harassment policy and Title IX grievance pocedmes to the Complainant and two other students required by item #14. Date/ 1 President or deiignee Ir Northern New Mexico College . i1 3 . .lw 1. By March 1, 2012, the College will submit to OCR for its review and approval draft is. t. Resolution Agreement Northern New Mexico College OCR Case Number 08-11-2125 The U.S. Department of Education, Office for Civil Rights (OCR), initiated the above-referenced complaint against Northern New Mexico College (the College), pursuant to Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. I681 cl seq. and its implementing regulation, 34 CPR. Part 106. Prior to the completion of investigation, the College asked to resolve the issues of this complaint pursuant to Section 302 of Case Processing Manual (CPM). The College re-af?rms its commitment to comply fully with Title and its implementing regulation. The College's participation in this agreement is voluntary and solely for the purposes of resolving allegations in the complaint. The College's agreement to address improvements in its reporting practices, its Title IX policies and grievance procedures, and to provide remedies to three students is not an admission of fault or legal wrong-doing. ACcordingly, to ensure compliance with Title IX and its implementing regulation and to resolve the issues of this case, the College voluntarily agrees to take the following actions: ION STEPS - Title IX Grievance Procedures l?r Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title implementing regulation at 34 C.F.R. The College will ensure that these procedures provide for the prompt andequitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: a. a notice that the procedures apply to complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) by employees, students, or third parties; b. an explanation of how to file a complaint pursuant to the procedure; e. the name or title, of?ce address, and telephone number of the individual with whom to tile a complaint; d. de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence); e. provide for the adequate, reliable, and impartial investigation of all complaints, including equitable treatment of the parties and the opportunity for the parties to present witnesses and other evidence; Page 2 Northern New Mexico College OCR Docket #08-1 1-2125 f. timeframcs for the major stages of the investigation; g. written noti?cation to the parties of the outcome of the investigation; h. an assurance that the College will keep the complaint and investigation con?dential to the extent possible; i. notice of the opportunity for the parties to appeal the ?ndings; j. an assurance that the appeal will be conducted in an impartial manner by an impartial decision-maker; k. a statement that the College will take reasonable steps to deter future discrimination. and to remedy the discriminatory effects on the victim(s) and others; and l. a statement that Title IX prohibits retaliation against any individual who ?les a complaint under Title IX or participates in a complaint investigation. 2. Within 45 calendar days of written noti?cation from OCR, the College will adopt and implement the procedures and will provide all students and employees with notice regarding the new grievance procedures through print and electronic means designed to ensure broad dissemination. The College will include in its revised Title lX procedures provision for conducting a biennial review of its procedures for implementing the requirements of Title IX to ensure the College is acting to prevent sex discrimination (including harassment), to stop it when it occurs, and remedy it when it is found to have occurred. 0 Notice of Nondiscrimination/Title IX Coordinator 3. By March 1, 2012, the College will draft and submit to OCR for review a revised notice of nondiscrimination pursuant to 34 CPR. [06.9, which will notify students, employees, and other relevant persons that it does not discriminate on the basis of sex in the education programs or activities that it operates, in employment, and admissions. The policy shall include the title, of?ce address, and telephone number for the College?s Title IX Coordinator along with language that directs those with concerns to the Coordinator. The College will widely publish this notice consistent with the requirements of Title IX at 34 CPR. 106.9. 4. Within 45 calendar days of written noti?cation from OCR that the College?s notice of nondiscrimination complies with Title IX, the College will ensure that, to the extent required by Title IX at 34 C.F.R. 106.9, electronic and printed publications of general distribution that provide information to employees and students about College services contain the notice of nondiscrimination. lnsens may be used pending reprinting of these publications. Page 4 - Northern New Mexico College - OCR Docket #08-1 l~2125 11. By February 15, 2012, the College will provide the Complainant a written statement acknowledging that her complaint was not handled as as it should have been and that she was not given prompt notice of the outcome. The statement will express the College's commitment to remedy those procedural shortcomings. As part of its statement to the Complainant, the College will commit to notifying the Complainant and other two students referred to above if the two males accused of harassment attempt to re-enroll and assure her that the two males will not be permitted to register for courses in which she and the other two female students are registered. 12. By February 15, 2012, the College will offer the Complainant up to four counseling? sessions with an appropriate College or civilian counselor to address the experiences raised in her complaint. 13. By February 17, 2012, the College will refund the Complainant the tuition and fees she paid to the College (or that was paid on her behalf) for the semester in which she was enrolled with the alleged harassers. Additionally, the College will refund the tuition and fees associated with the chemistry class identi?ed in this complaint. for the other two female students referenced above in item #10. 14. Within 14 days of the adoption of the College?s revised/new sexual harassment policy and Title IX grievance procedures, the College will individually notify the Complainant in writing of the revised/new policy and procedures and provide her copies. REPORTING REQUIREMENTS 0 Title IX Grievance Procedures ft}. By March 1, 2012, the College will submit to OCR for its review and comment its Title IX grievance procedures referenced in item #1 above. b. Within 45 calendar days after approval of the Title IX procedures referenced in item #1 above, the College will provide OCR with documentation that it has implemented item #2 above, including e0pies of the written notices issued to students and employees regarding the new Title IX procedures and a description of how the notices were distributed; copies of its revised student and employee handbooks; and a link to its webpage(s) where the revised Title IX procedures are located. c. By December 31, 2012, the College will submit to OCR copies of all Title IX grievances ?led under the OCR approved grievance procedure by students alleging sexual discrimination or harassment, including allegations of sexual assault and sexual violence, and retaliation, during the 201 l-2012 school year. The College will make available to OCR documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any ?nal disposition letters. disciplinary records, and documentation regarding any appeals. Page 5 - Northern New Mexico College - OCR Docket #08-1 1-2125 0 Notice of Nondiscrimination/'1? itle 1X Coordinator (1, By March 1, 2012, the College will provide OCR with a copy of the College's Title IX notice of nondiscrimination referenced in item #3 above. c. Within 90 calendar days of approval of the College?s notice of nondiscrimination, the College will provide OCR with documentation that it has implemented item #4 above, including copies of any printed publications, and web links to any electronic publications containing the notice. r. By June 30, 2012, the College will provide oca with documentation that it has implemented item #5 above, including the name and title of the Title IX Coordinator(s), and a copy of the job description(s) and training requirement(s) for the position(s). 0 Training for Title IX Coordinator and College Personnel g. By June 30, 2012, the College will provide OCR with documentation that it has completed item The College will document that the required training has been completed, including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. The report will include a copy of the memorandum distributed to faculty and administrators pursuant to item h. By June 30, 2012, the College will provide OCR with documentation that it has completed item including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. i. By September 1, 2012, the College will provide OCR a copy of the training program (including copies of training materials used) required by item #8 along with a schedule for the ?rst annual training session and refresher. 0 Individual Remedies j. By June 30, 2012, the College will provide OCR with documentation that it has implemented item including a descriptions of the informational sessions. and copies of any written materials to be distributed during the sessions. k. By February 29, 2012, the College will provide OCR (1) documentation con?mting it made the offer described in item #10. (2) confirmation that it conducted the meeting(s) if the offer was accepted, (3) a copy of the statement referred to in item #11 with evidence that it has been delivered to the Complainant, and (4) documentation that it made the offer addressed in item #12 along with the Complainant?s response. if any. Page 6 Northern New Mexico College - OCR Docket #08-1 1-2125 1. By February 29, 2012, the College will provide documentation that it has completed the refunds required by item #13 and reimbursed the Complainant for any expenses described in item #13. m. By June 30, 2012, the College will provide documentation demonstrating that it provided a I copy of the College?s revised/new sexual harassment policy and Title IX grievance procedures to the Complainant and two other students required by item #14. )Gdzfi I I President or desxgnee Northern New Mexico College Date 1, I. UNITED OFFICE FOR CIVIL frag-335.; .. NFW .?yli?\ll L- 1 81121 1-5-5582 \th mum. .lune 18. 2012 Dr. Nancy Barcelo. President Northern New Mexico College 921 1?aseo dc ()nate lispanola. Ne? Mexico 87532 R11: Northern New Mexico College (?asc Number 08-1 1-2125 Dear Dr. Barcelo: As you may recall. the College?s former Chief of an agreement resolving the subject complaint on January 31. 2012. The Resolution Agreement (copy enclosed) included a number of reporting provisions (items a-m. pp. 4-6). On March 28. 2012. we wrote the then (?hiefofStale Susan Pacheco. to provide more detail concerning our expectations for monitoring reports (copy enclosed). The lirst monitoring report (item a) was due February 2012. We received an e-mail on February 15. 2012. explaining that some ofthe requirements (see items #10-13) have been completed and a full report would be forthcoming shortly. We exchanged at number of e-mails with the Chiefof Staff and the Director of luman Resources over the intervening months discussing elements of the Agreement (the revised Title 1X grievance procedures. training for staff and faculty. and training for new students). However. we have not received any monitoring reports from the College. Most recently?. on June 4. 2012. we requested from the Director of luman Resources 21 date by which we could expect the first monitoring report. We have not received a response or a report. Currently. reports required by items a. d. k. and are outstanding. 'l?he reports required by items f. g. h. j. and will be due on .1 une 30. 2012. We were told the Susan Pacheco is no longer with the College. so it would be helpful if you would designate the oflicial who will be responsible for coordinating and providing monitoring reports pursuant to the agreement. consistent with our March 28. 2012 e-mail. so that we can rc-establish reasonable reporting dates and proceed with execution of the Agreement. 1 forward to hearing from you or your designee to expedite the College's compliance and reporting effort. Please do not hesitate to call me il'you have any questions or concerns. My number is 303-844-4821. Sincerely. lirica R. Austin (?hiel? Attorney '1 he Department ol by fostering educational eu?elleln?e and ensuring, equal access. UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS THE ASSISTANT SECRETARY April 4, 2011 Dear Colleague: Education has long been recognized as the great equalizer in America. The U.S. Department of Education and its Of?ce for Civil Rights (OCR) believe that providing all students with an educational environment free from discrimination is extremely important. The sexual harassment of students, including sexual violence, interferes with students? right to receive an education free from discrimination and, in the case of sexual violence, is a crime. Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal ?nancial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. In order to assist recipients, which include school districts, colleges, and universities (hereinafter ?schools? or ?recipients?) in meeting these obligations, this letter1 explains that the requirements of Title IX pertaining to sexual harassment also cover sexual violence, and lays out the speci?c Title IX requirements applicable to sexual violence.2 Sexual violence, as that term is used in this letter, refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim?s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, 1 The Department has determined that this Dear Colleague Letter is a ?signi?cant guidance document? under the Of?ce of Management and Budget?s Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007), available at: OCR issues this and other policy guidance to provide recipients with information to assist them in meeting their obligations, and to provide members of the public with information about their rights, under the civil rights laws and implementing regulations that we enforce. OCR's legal authority is based on those laws and regulations. This letter does not add requirements to applicable law, but provides information and examples to inform recipients about how OCR evaluates whether covered entities are complying with their legal obligations. If you are interested in commenting on this guidance, please send an e-mail with your comments to OCR@ed.gov, or write to us at the following address: Of?ce for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202. 2 Use of the term ?sexual harassment" throughout this document includes sexual violence unless otherwise noted. Sexual harassment also may violate Title of the Civil Rights Act of 1964 (42 U.S.C. 2000c), which prohibits public school districts and colleges from discriminating against students on the basis of sex, among other bases. The U.S. Department of Justice enforces Title W. 400 MARYIAND AVE., S.W., WASHINGTON. DC 20202-1100 The Department of Education?s mission is to promote student achievement and preparation [or global competitiveness by fostering educational excellence and ensuring equal access. Page 2 - Dear Colleague Letter: Sexual Violence sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX. The statistics on sexual violence are both deeply troubling and a call to action for the nation. A report prepared for the National Institute of Justice found that about 1 in 5 women are victims of completed or attempted sexual assault while in college.3 The report also found that approximately 6.1 percent of males were victims of completed or attempted sexual assault during college.? According to data collected under the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act (Clery Act), 20 U.S.C. 1092(f), in 2009, college campuses reported nearly 3,300 forcible sex offenses as de?ned by the Clery Act.S This problem is not limited to college. During the 2007-2008 school year, there were 800 reported incidents of rape and attempted rape and 3,800 reported incidents of other sexual batteries at public high schools.?5 Additionally, the likelihood that a woman with intellectual disabilities will be sexually assaulted is estimated to be significantly higher than the general population.7 The Department is deeply concerned about this problem and is committed to ensuring that all students feel safe in their school, so that they have the opportunity to benefit fully from the school?s programs and activities. This letter begins with a discussion of Title lX?s requirements related to student-on-student sexual harassment, including sexual violence, and explains schools' responsibility to take immediate and effective steps to end sexual harassment and sexual violence. These requirements are discussed in detail in Revised Sexual Harassment Guidance issued in 2001 (2001 Guidance).8 This letter supplements the 2001 Guidance by providing additional guidance and practical examples regarding the Title IX requirements as they relate to sexual violence. This letter concludes by discussing the proactive efforts schools can take to prevent sexual harassment and violence, and by providing examples of remedies that schools and OCR may use to end such conduct, prevent its recurrence, and address its effects. Although some examples contained in this letter are applicable only in the postsecondary context, sexual 3 CHRISTOPHER P. KREBS ET AL., THE CAMPUS SEXUAL ASSAULT Sruov: FINAL REPORT (Nat?l Criminal Justice Reference Serv., Oct. 2007), available at This study also found that the majority of campus sexual assaults occur when women are incapacitated, primarily by alcohol. Id. at ?Id. at 5-5. 5 US. Department of Education, Office of Postsecondary Education, Summary Crime Statistics (data compiled from reports submitted in compliance with the Clery Act), available at Under the Clery Act, forcible sex offenses are de?ned as any sexual act directed against another person, forcibly and/or against that person?s will, or not forcibly or against the person's will where the victim is incapable of giving consent. Forcible sex offenses include forcible rape. forcible sodomy, sexual assault with an object, and forcible fondling. 34 CPR. Part 668, Subpt. D, App. A. 6 SIMONE Rooms ET AL., INDICATORS OF SCHOOL AND SAFETY: 2010 at 104 (US. Dep't of Educ. U.S. Dep?t of Justice, Nov. 2010), available at 7 ERIKA HARRELL MICHAEL R. CRIME AGAINST PEOPLE WITH 2008 (Bureau of Justice Statistics, US. Dep't of Justice, Dec. 2010), available at The 2001 Guidance is available on the Department?s Web site at This letter focuses on peer sexual harassment and violence. Schools? obligations and the appropriate response to sexual harassment and violence committed by employees may be different from those described in this letter. Recipients should refer to the 2001 Guidance for further information about employee harassment of students. Page 3 - Dear Colleague Letter: Sexual Violence harassment and violence also are concerns for school districts. The Title IX obligations discussed in this letter apply equally to school districts unless otherwise noted. Title IX Related to Sexual Harassment and Sexual Violean Schools? Obligations to Respond to Sexual Harassment and Sexual Violence Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment prohibited by Title IX.9 As explained in 2001'Guidance, when a student sexually harasses another student, the harassing conduct creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits a student?s ability to participate in or benefit from the school?s program. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical. Indeed, a single or isolated incident of sexual harassment may create a hostile environment if the incident is suf?ciently severe. For instance, a single instance of rape is suf?ciently severe to create a hostile environment.10 Title IX protects students from sexual harassment in a school?s education programs and activities. This means that Title IX protects students in connection with all the academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school?s facilities, on a school bus, at a class or training program 9 Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. The Title IX obligations discussed in this letter also apply to gender-based harassment. Gender- based harassment is discussed in more detail in the 2001 Guidance, and in the 2010 Dear Colleague letter on Harassment and Bullying, which is available at 201010.pdf. 1? See, Jennings v. Univ. of N. C., 444 F.3d 255, 268, 274 n.12 (4th Cir. 2006) (acknowledging that while not an issue in this case, a single incident of sexual assault or rape could be suf?cient to raise a jury question about whether a hostile environment exists, and noting that courts look to Title Vii cases for guidance in analyzing Title Ix sexual harassment claims); Vance v. Spencer Cnty. Pub. Sch. Dist., 231 F.3d 253, 259 n.4 (6th Cir. 2000) the context of Title IX, a student's claim of hostile environment can arise from a single incident?? (quoting Doe v. Sch. Admin. Dist. Na. 19, 66 F. Supp. 2d 57, 62 (0. Me. 1999?); Soper v. Hoben, 195 F.3d 845, 855 (6th Cir. 1999) (explaining that rape and sexual abuse "obviously qualifly] pervasive, and objectively offensive sexual harassment"); see also Berry v. Chi. Transit Auth., 618 F.3d 688, 692 (7th Cir. 2010) (in the Title VII context, ?a single act can create a hostile environment if it is severe enough, and instances of uninvited physical contact with intimate parts of the body are among the most severe types of sexual harassment?); Turner v. Saloon, Ltd., 595 F.3d 679, 686 (7th Cir. 2010) (noting that ??[olne instance of conduct that is suf?ciently severe may be enough,? which is ?especially true when the touching is of an intimate body part" (quoting Jackson v. Cnty. of Racine, 474 F.3d 493, 499 (7th Cir. McKinnis v. Crescent Guardian, Inc., 189 F. App?x 307, 310 (5th Cir. 2006) (holding that "'the deliberate and unwanted touching of [a plaintiffs] intimate body parts can constitute severe sexual harassment? in ??tle VII cases (quoting Harw?ll v. Westward Commc?ns, L.L.C., 433 F.3d 428, 436 (5th Cir. Page 4 - Dear Colleague Letter: Sexual Violence sponsored by the school at another location, or elsewhere. For example, Title IX protects a student who is sexually assaulted by a fellow student during a school-sponsored field trip.11 If a school knows or reasonably should know about student-on-student harassment that creates a hostile environment, Title lX requires the school to take immediate action to eliminate the harassment, prevent its recurrence, and address its effects.12 Schools also are required to publish a notice of nondiscrimination and to adopt and publish grievance procedures. Because of these requirements, which are discussed in greater detail in the following section, schools need to ensure that their employees are trained so that they know to report harassment to appropriate school of?cials, and so that employees with the authority to address harassment know how to respond properly. Training for employees should include practical information about how to identify and report sexual harassment and violence. OCR recommends that this training be provided to any employees likely to witness or receive reports of sexual harassment and violence, including teachers, school law enforcement unit employees, school administrators, school counselors, general counsels, health personnel, and resident advisors. Schools may have an obligation to respond to student-on-student sexual harassment that initially occurred off school grounds, outside a school's education program or activity. If a student ?les a complaint with the school, regardless of where the conduct occurred, the school must process the complaint in accordance with its established procedures. Because students often experience the continuing effects of off-campus sexual harassment in the educational setting, schools should consider the effects of the off-campus conduct when evaluating whether there is a hostile environment on campus. For example, if a student alleges that he or she was sexually assaulted by another student off school grounds, and that upon returning to school he or she was taunted and harassed by other students who are the alleged perpetrator? 5 friends, the school should take the earlier sexual assault into account in determining whether there is a sexually hostile environment. The school also should take steps to protect a student who was assaulted off campus from further sexual harassment or retaliation from the perpetrator and his or her associates. Regardless of whether a harassed student, his or her parent, or a third party files a complaint under the school's grievance procedures or otherwise requests action on the student?s behalf, 3 school that knows, or reasonably should know, about possible harassment must investigate to determine what occurred and then take appropriate steps to resolve the situation. As discussed later in this letter, the school?s Title lX investigation is different from any law enforcement investigation, and a law enforcement investigation does not relieve the school of its independent Title IX obligation to investigate the conduct. The speci?c steps in a school?s Title Ix also protects third parties from sexual harassment or violence in a school?s education programs and activities. For example, Title IX protects a high school student participating in a college's recruitment program, a visiting student athlete, and a visitor in a school?s on-campus residence hall. Title IX also protects employees of a recipient from sexual harassment. For further information about harassment of employees, see 2001 Guidance at n.1. ?2 This is the standard for administrative enforcement of Title Ix and in court cases where plaintiffs are seeking injunctive relief. See 2001 Guidance at ii-v, 12-13. The standard in private lawsuits for monetary damages is actual knowledge and deliberate indifference. See Dow?s v. Monroe Cnty. 8d. of Ed., 526 US. 629, 643, 648 (1999). Page 5 - Dear Colleague Letter: Sexual Violence investigation will vary depending upon the nature of the allegations, the age of the student or students involved (particularly in elementary and secondary schools), the size and administrative structure of the school, and other factors. Yet as discussed in more detail below, the school?s inquiry must in all cases be prompt, thorough, and impartial. In cases involving potential criminal conduct, school personnel must determine, consistent with State and local law, whether appropriate law enforcement or other authorities should be notified.13 Schools also should inform and obtain consent from the complainant (or the complainant?s parents if the complainant is under 18 and does not attend a postsecondary institution) before beginning an investigation. If the complainant requests con?dentiality or asks that the complaint not be pursued, the school should take all reasonable steps to investigate and respond to the complaint consistent with the request for con?dentiality or request not to pursue an investigation. If a complainant insists that his or her name or other identi?able information not be disclosed to the alleged perpetrator, the school should inform the complainant that its ability to respond may be limited.14 The school also should tell the complainant that Title IX prohibits retaliation, and that school of?cials will not only take steps to prevent retaliation but also take strong responsive action if it occurs. As discussed in the 2001 Guidance, if the complainant continues to ask that his or her name or other identifiable information not be revealed, the school should evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. Thus, the school may weigh the request for con?dentiality against the following factors: the seriousness of the alleged harassment; the complainant?s age; whether there have been other harassment complaints about the same individual; and the alleged harasser?s rights to receive information about the allegations if the information is maintained by the school as an "education record? under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; 34 C.F.R. Part 99.15 The school should inform the complainant if it cannot ensure confidentiality. Even if the school cannot take disciplinary action against the alleged harasser because the complainant insists on con?dentiality, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence. Examples of such steps are discussed later in this letter. Compliance with Title IX, such as publishing a notice of nondiscrimination, designating an employee to coordinate Title IX compliance, and adopting and publishing grievance procedures, can serve as preventive measures against harassment. Combined with education and training programs, these measures can help ensure that all students and employees recognize the ?3 In states with mandatory reporting laws, schools may be required to report certain incidents to local law enforcement or child protection agencies. Schools should refer to the 2001 Guidance for additional information on con?dentiality and the alleged perpetrator?s due process rights. ?5 For example, the alleged harasser may have a right under FERPA to inspect and review portions of the complaint that directly relate to him or her. In that case, the school must redact the complainant?s name and other identifying information before allowing the alleged harasser to inspect and review the sections of the complaint that relate to him or her. In some cases, Such as those where the school is required to report the incident to local law enforcement or other of?cials, the school may not be able to maintain the complainant?s confidentiality. Page 6 - Dear Colleague Letter: Sexual Violence nature of sexual harassment and violence, and understand that the school will not tolerate such conduct. Indeed, these measures may bring potentially problematic conduct to the school?s attention before it becomes serious enough to create a hostile environment. Training for administrators, teachers, staff, and students also can help ensure that they understand what types of conduct constitute sexual harassment or violence, can identify warning signals that may need attention, and know how to respond. More detailed information and examples of education and other preventive measures are provided later in this letter. Procedural Requirements Pertaining to Sexual Harassment and Sexual Violence Recipients of Federal ?nancial assistance must comply with the procedural requirements outlined in the Title IX implementing regulations. Speci?cally, a recipient must: (A) Disseminate a notice of nondiscrimination;16 (B) Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title and (C) Adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee sex discrimination complaints.18 These requirements apply to all forms of sexual harassment, including sexual violence, and are important for preventing and effectively responding to sex discrimination. They are discussed in greater detail below. OCR advises recipients to examine their current policies and procedures on sexual harassment and sexual violence to determine whether those policies comply with the requirements articulated in this letter and the 2001 Guidance. Recipients should then implement changes as needed. (A) Notice of Nondiscrimination The Title IX regulations require that each recipient publish a notice of nondiscrimination stating that the recipient does not discriminate on the basis of sex in its education programs and activities, and that Title IX requires it not to discriminate in such a manner.19 The notice must state that inquiries concerning the application of Title IX may be referred to the recipient?s Title ix coordinator or to OCR. It should include the name or title, of?ce address, telephone number, and e-mail address for the recipient?s designated Title IX coordinator. The notice must be widely distributed to all students, parents of elementary and secondary students, employees, applicants for admission and employment, and other relevant persons. OCR recommends that the notice be prominently posted on school Web sites and at various 1? 34 can. 106.9. ?7 Id. 1? Id. 1? Id. .6, Page 7 - Dear Colleague Letter: Sexual Violence locations throughout the school or campus and published in electronic and printed publications of general distribution that provide information to students and employees about the school's services and policies. The notice should be available and easily accessible on an ongoing basis. Title IX does not require a recipient to adopt a policy speci?cally prohibiting sexual harassment or sexual violence. As noted in the 2001 Guidance, however, a recipient's general policy prohibiting sex discrimination will not be considered effective and would violate Title IX if, because of the lack of a speci?c policy, students are unaware of what kind of conduct constitutes sexual harassment, including sexual violence, or that such conduct is prohibited sex discrimination. OCR therefore recommends that a recipient?s nondiscrimination policy state that prohibited sex discrimination covers sexual harassment, including sexual violence, and that the policy include examples of the types of conduct that it covers. (B) Title IX Coordinator The Title IX regulations require a recipient to notify all students and employees of the name or title and contact information of the person designated to coordinate the recipient?s compliance with, Title IX.20 The coordinator?s responsibilities include overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. The Title IX coordinator or designee should be available to meet with students as needed. If a recipient designates more than one Title IX coordinator, the notice should describe each coordinator? 5 responsibilities who will handle complaints by students, faculty, and other employees). The recipient should designate one coordinator as having ultimate oversight responsibility, and the other coordinators should have titles clearly showing that they are in a deputy or supporting role to the senior coordinator. The Title IX coordinators should not have other job reSponsibilities that may create a con?ict of interest. For example, serving as the Title IX coordinator and a disciplinary hearing board member or general counsel may create a con?ict of interest. Recipients must ensure that employees designated to serve as Title IX coordinators have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the recipient?s grievance procedures operate. Because sexual violence complaints often are ?led with the school?s law enforcement unit, all school law enforcement unit employees should receive training on the school?s Title IX grievance procedures and any other procedures used for investigating reports of sexual violence. In addition, these employees should receive copies of the school?s Title IX policies. Schools should instruct law enforcement unit employees both to notify complainants of their right to ?le a Title IX sex discrimination complaint with the school in addition to ?ling a criminal complaint, and to report incidents of sexual violence to the Title IX coordinator if the complainant consents. The school?s Title IX coordinator or designee should be available to provide assistance to school law enforcement unit employees regarding how to respond appropriately to reports of sexual violence. The Title IX coordinator also should be given access to school law enforcement unit investigation notes 2? Id. Page 8 - Dear Colleague Letter: Sexual Violence and ?ndings as necessary for the Title IX investigation, so long as it does not compromise the criminal investigation. (C) Grievance Procedures The Title IX regulations require all recipients to adopt and publish grievance procedures providing for the prompt and equitable resolution of sex discrimination complaints.21 The grievance procedures must apply to sex discrimination complaints ?led by students against school employees, other students, or third parties. Title IX does not require a recipient to provide separate grievance procedures for sexual harassment and sexual violence complaints. Therefore, a recipient may use student disciplinary procedures or other separate procedures to resolve such complaints. Any procedures used to adjudicate complaints of sexual harassment or sexual violence, including disciplinary procedures, however, must meet the Title IX requirement of affording a complainant a prompt and equitable resolution.22 These requirements are discussed in greater detail below. If the recipient relies on disciplinary procedures for Title IX compliance, the Title IX coordinator should review the recipient's disciplinary procedures to ensure that the procedures comply with the prompt and equitable requirements of Title IX.23 Grievance procedures generally may include voluntary informal mechanisms mediation) for resolving some types of sexual harassment complaints. OCR has frequently advised recipients, however, that it is improper for a student who complains of harassment to be required to work out the problem directly with the alleged perpetrator, and certainly not without appropriate involvement by the school participation by a trained counselor, a trained mediator, or, if appropriate, 3 teacher or administrator). In addition, as stated in the 2001 Guidance, the complainant must be noti?ed of the right to end the informal process at any time and begin the formal stage of the complaint process. Moreover, in cases involving allegations of sexual assault, mediation is not appropriate even on a voluntary basis. OCR recommends that recipients clarify in their grievance procedures that mediation will not be used to resolve sexual assault complaints. Id. Title IX also requires recipients to adopt and publish grievance procedures for employee complaints of sex discrimination. 2? These procedures must apply to all students, including athletes. If a complaint of sexual violence Involves a student athlete, the school must follow Its standard procedures for resolving sexual violence complaints. Such complaints must not be addressed solely by athletics department procedures. Additionally, if an alleged perpetrator is an elementary or secondary student with a disability, schools must follow the procedural safeguards in the Individuals with Disabilities Education Act (at 20 U.S.C. 1415 and 34 C.F.R. 300.500-300.519, 300.530- 300.537) as well as the requirements of Section 504 of the Rehabilitation Act of 1973 (at 34 C.F.R. 104.35- 104.36) when conducting the investigation and hearing. ?3 A school may not absolve itself of its Title IX obligations to investigate and resolve complaints of sexual harassment or violence by delegating, whether through express contractual agreement or other less formal arrangement, the responsibility to administer school discipline to school resource officers or "contract" law enforcement officers. See 34 C.F.R. 106.4. Page 9 Dear Colleague Letter: Sexual Violence Prompt and Equitable Requirements As stated in the 2001 Guidance, OCR has identi?ed a number of elements in evaluating whether a school?s grievance procedures provide for prompt and equitable resolution of sexual harassment complaints. These elements also apply to sexual violence complaints because, as explained above, sexual violence is a form of sexual harassment. OCR will review all aspects of a school?s grievance procedures, including the following elements that are critical to achieve compliance with Title IX: 0 Notice to students, parents of elementary and secondary students, and employees of the grievance procedures, including where complaints may be filed; 0 Application of the procedures to complaints alleging harassment carried out by employees, other students, or third parties; 0 Adequate, reliable, and impartial investigation of complaints, including the opportunity for both parties to present witnesses and other evidence; 0 Designated and reasonably prompt time frames for the major stages of the complaint process; 0 Notice to parties of the outcome of the complaint" and 0 An assurance that the school will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. As noted in the 2001 Guidance, procedures adopted by schools will vary in detail, speci?city, and components, re?ecting differences in the age of students, school sizes and administrative structures, State or local legal requirements, and past experiences. Although OCR examines whether all applicable elements are addressed when investigating sexual harassment complaints, this letter focuses on those elements where our work indicates that more clari?cation and explanation are needed, including: (A) Notice of the grievance grocedures The procedures for resolving complaints of sex discrimination, including sexual harassment, should be written in language appropriate to the age of the school?s students, easily understood, easily located, and widely distributed. OCR recommends that the grievance procedures be prominently posted on school Web sites; sent electronically to all members of the school community; available at various locations throughout the school or campus; and summarized in or attached to major publications issued by the school, such as handbooks, codes of conduct, and catalogs for students, parents of elementary and secondary students, faculty, and staff. (3) AdeguateI Reliable, and lmQartiaI Investigation of Comglaints work indicates that a number of issues related to an adequate, reliable, and impartial investigation arise in sexual harassment and violence complaints. In some cases, the conduct 2? ?Outcome? does not refer to information about disciplinary sanctions unless otherwise noted. Notice of the outcome is discussed in greater detail in Section below. Page 10 - Dear Colleague Letter: Sexual Violence may constitute both sexual harassment under Title IX and criminal activity. Police investigations may be useful for fact-gathering; but because the standards for criminal investigations are different, police investigations or reports are not determinative of whether sexual harassment or violence violates Title IX. Conduct may constitute unlawful sexual harassment under Title IX even if the police do not have suf?cient evidence of a criminal violation. In addition, a criminal investigation into allegations of sexual violence does not relieve the school of its duty under Title IX to resolve complaints and equitably. A school should notify a complainant of the right to ?le a criminal complaint, and should not dissuade a victim from doing so either during or after the school?s internal Title IX investigation. For instance, if a complainant wants to file a police report, the school should not tell the complainant that it is working toward a solution and instruct, or ask, the complainant to wait to file the report. Schools should not wait for the conclusion of a criminal investigation or criminal proceeding to begin their own Title IX investigation and, if needed, must take immediate steps to protect the student in the educational setting. For example, a school should not delay conducting its own investigation or taking steps to protect the complainant because it wants to see whether the alleged perpetrator will be found guilty of a crime. Any agreement or Memorandum of Understanding (MOU) with a local police department must allow the school to meet its Title IX obligation to resolve complaints and equitably. Although a school may need to delay temporarily the fact-finding portion of a Title IX investigation while the police are gathering evidence, once noti?ed that the police department has completed its gathering of evidence (not the ultimate outcome of the investigation or the ?ling of any charges), the school must resume and complete its fact-?nding for the Title IX investigation.25 Moreover, nothing in an MOU or the criminal investigation itself should prevent a school from notifying complainants of their Title IX rights and the school?s grievance procedures, or from taking interim steps to ensure the safety and well-being of the complainant and the school community while the law enforcement agency/s fact-gathering is in progress. OCR also recommends that a school?s MOU include clear policies on when a school will refer a matter to local law enforcement. As noted above, the Title IX regulation requires schools to provide equitable grievance procedures. As part of these procedures, schools generally conduct investigations and hearings to determine whether sexual harassment or violence occurred. In addressing complaints filed with OCR under Title IX, OCR reviews a school?s procedures to determine whether the school is using a preponderance of the evidence standard to evaluate complaints. The Supreme Court has applied a preponderance of the evidence standard in civil litigation involving discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. 2000e et seq. Like Title IX, 2? In one recent OCR sexual violence case, the prosecutor? 5 of?ce informed OCR that the police department's evidence gathering stage typically takes three to ten calendar days, although the delay in the school's investigation may be longer in certain instances. Page 11 - Dear Colleague Letter: Sexual Violence Title VII prohibits discrimination on the basis of sex.26 OCR also uses a preponderance of the evidence standard when it resolves complaints against recipients. For instance, Case Processing Manual requires that a noncompliance determination be supported by the preponderance of the evidence when resolving allegations of discrimination under all the statutes enforced by OCR, including Title IX.27 OCR also uses a preponderance of the evidence standard in its fund termination administrative hearings.28 Thus, in order for a school?s grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard it is more likely than not that sexual harassment or violence occurred). The "clear and convincing? standard it is highly probable or reasonably certain that the sexual harassment or violence occurred), currently used by some schools, is a higher standard of proof. Grievance procedures that use this higher standard are inconsistent with the standard of proof established for violations of the civil rights laws, and are thus not equitable under Title IX. Therefore, preponderance of the evidence is the appropriate standard for investigating allegations of sexual harassment or violence. Throughout a school?s Title IX investigation, including at any hearing, the parties must have an equal opportunity to present relevant witnesses and other evidence. The complainant and the alleged perpetrator must be afforded similar and timely access to any information that will be used at the hearing.29 For example, a school should not conduct a pre-hearing meeting during which only the alleged perpetrator is present and given an opportunity to present his or her side of the story, unless a similar meeting takes place with the complainant; a hearing officer or disciplinary board should not allow only the alleged perpetrator to present character witnesses at a hearing; and a school should not allow the alleged perpetrator to review the complainant?s ?6 See, Desert Palace, Inc. v. Costa, 539 U.S. 90, 99 (2003) (noting that under the "conventional rule of civil litigation," the preponderance of the evidence standard generally applies in cases under Title Price Waterhouse v. Hopkins, 490 U.S. 228, 252-55 (1989) (approving preponderance standard in Title VII sex discrimination case) (plurality opinion); id. at 260 (White, J., concurring in the judgment); id. at 261 (O?Connor, J., concurring in the judgment). The 2001 Guidance noted (on page vi) that "lwlhile Gebser and Davis made clear that Title VII agency principles do not apply in determining liability for money damages under Title Ix, the Davis Court also indicated, through its specific references to Title VII caselaw, that Title VII remains relevant in determining what constitutes hostile environment sexual harassment under Title See also Jennings v. Univ. of MC, 482 F.3d 686, 695 (4th Cir. 2007) (?We look to case law interpreting Title VII of the Civil Rights Act of 1964 for guidance in evaluating a claim brought under Title 17 Case Processing Manual is available on the Department's Web site, at 2' The Title Ix regulations adopt the procedural provisions applicable to Title VI of the Civil Rights Act of 1964. See 34 CPR 106.71 ("The procedural provisions applicable to Title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference"). The Title VI regulations apply the Administrative Procedure Act to administrative hearings required prior to termination of Federal financial assistance and require that termination decisions be ?supported by and in accordance with the reliable, probative and substantial evidence.? 5 U.S.C. 556(d). The Supreme Court has interpreted ?reliable, probative and substantial evidence? as a direction to use the preponderance standard. See Steadman v. SEC, 450 U.S. 91, 98-102 (1981). 2? Access to this information must be provided consistent with FERPA. For example, if a school introduces an alleged perpetrator?s prior disciplinary records to support a tougher disciplinary penalty, the complainant would not be allowed access to those records. Additionally, access should not be given to privileged or con?dential information. For example, the alleged perpetrator should not be given access to communications between the complainant and a counselor or information regarding the complainant's sexual history. Page 12 Dear Colleague Letter: Sexual Violence statement without also allowing the complainant to review the alleged perpetrator? 5 statement. While OCR does not require schools to permit parties to have lawyers at any stage of the proceedings, if a school chooses to allow the parties to have their lawyers participate in the proceedings, it must do so equally for both parties. Additionally, any school-imposed restrictions on the ability of lawyers to speak or otherwise participate in the proceedings should apply equally. OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing. Allowing an alleged perpetrator to question an alleged victim directly may be traumatic or intimidating, thereby possibly escalating or perpetuating a hostile environment. OCR also recommends that schools provide an appeals process. If a school provides for appeal of the ?ndings or remedy, it must do so for both parties. Schools must maintain documentation of all proceedings, which may include written ?ndings of facts, transcripts, or audio recordings. All persons involved in implementing a recipient's grievance procedures Title IX coordinators, investigators, and adjudicators) must have training or experience in handling complaints of sexual harassment and sexual violence, and in the recipient?s grievance procedures. The training also should include applicable confidentiality requirements. In sexual violence cases, the fact-finder and decision-maker also should have adequate training or knowledge regarding sexual violence.30 Additionally, a school?s investigation and hearing processes cannot be equitable unless they are impartial. Therefore, any real or perceived con?icts of interest between the fact-finder or decision-maker and the parties should be disclosed. Public and state-supported schools must provide due process to the alleged perpetrator. However, schools should ensure that steps taken to accord due process rights to the alleged perpetrator do not restrict or unnecessarily delay the Title IX protections for the complainant. (C) Designated and Reasonably Prompt Time Frames OCR will evaluate whether a school?s grievance procedures specify the time frames for all major stages of the procedures, as well as the process for extending timelines. Grievance procedures should specify the time frame within which: (1) the school will conduct a full investigation of the complaint; (2) both parties receive a response regarding the outcome of the complaint; and (3) the parties may ?le an appeal, if applicable. Both parties should be given periodic status updates. Based on OCR experience, atypical investigation takes approximately 60 calendar days following receipt of the complaint. Whether OCR considers complaint resolutions to be timely, however, will vary depending on the complexity of the investigation and the severity and extent of the harassment. For example, the resolution of a complaint involving multiple incidents with multiple complainants likely would take longer than one involving a single incident that For instance, if an investigation or hearing involves forensrc evrdence, that evudence should be revrewed by a trained forensic examiner. Page 13 - Dear Colleague Letter: Sexual Violence occurred in a classroom during school hours with a single complainant. (D) Notice of Outcome Both parties must be notified, in writing, about the outcome of both the complaint and any appeal,31i.e., whether harassment was found to have occurred. OCR recommends that schools provide the written determination of the ?nal outcome to the complainant and the alleged perpetrator concurrently. Title lX does not require the school to notify the alleged perpetrator of the outcome before it notifies the complainant. Due to the intersection of Title IX and FERPA requirements, OCR recognizes that there may be confusion regarding what information a school may disclose to the complainant.32 FERPA generally prohibits the nonconsensual disclosure of personally identifiable information from a student?s "education record.? However, as stated in the 2001 Guidance, FERPA permits a school to disclose to the harassed student information about the sanction imposed upon a student who was found to have engaged in harassment when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.33 Disclosure of other information in the student?s "education record," including information about sanctions that do not relate to the harassed student, may result in a violation of FERPA. Further, when the conduct involves a crime of violence or a non-forcible sex offense,34 FERPA permits a postsecondary institution to disclose to the alleged victim the final results of a 3? As noted previously, "outcome" does not refer to information about disciplinary sanctions unless otherwise noted. ?2 In 1994, Congress amended the General Education Provisions Act (GEPA), of which FERPA is a part, to state that nothing in GEPA "shall be construed to affect the applicability of title VI of the Civil Rights Act of 1964, title Ix of Education Amendments of 1972, title of the Rehabilitation Act of 1973, the Age Discrimination Act, or other statutes prohibiting discrimination, to any applicable program.? 20 U.S.C. 1221(d). The Department interprets this provision to mean that FERPA continues to apply in the context of Title ix enforcement, but if there is a direct con?ict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere with the primary purpose of Title IX to eliminate sex?based discrimination in schools, the requirements of Title IX override any conflicting FERPA provisions. See 2001 Guidance at vii. 3? This information directly relates to the complainant and is particularly important in sexual harassment cases because it affects whether a hostile environment has been eliminated. Because seeing the perpetrator may be traumatic, a complainant in a sexual harassment case may continue to be subject to a hostile environment if he or she does not know when the perpetrator will return to school or whether he or she will continue to share classes or a residence hall with the perpetrator. This information also directly affects a complainant?s decision regarding how to work with the school to eliminate the hostile environment and prevent its recurrence. For instance, if a complainant knows that the perpetrator will not be at school or will be transferred to other classes or another residence hall for the rest of the year, the complainant may be less likely to want to transfer to another school or change classes, but if the perpetrator will be returning to school after a few days or weeks, or remaining in the complainant's classes or residence hall, the complainant may want to transfer schools or change classes to avoid contact. Thus, the complainant cannot make an informed decision about how best to respond without this information. 3? Under the FERPA regulations, crimes of violence include arson; assault offenses (aggravated assault, simple assault, intimidation); burglary; criminal homicide (manslaughter by negligence); criminal homicide (murder and Page 14 - Dear Colleague Letter: Sexual Violence disciplinary proceeding against the alleged perpetrator, regardless of whether the institution concluded that a violation was committed.? Additionally, a postsecondary institution may disclose to anyone?not just the alleged victim?the final results of a disciplinary proceeding if it determines that the student is an alleged perpetrator of a crime of violence or a non-forcible sex offense, and, with respect to the allegation made, the student has committed a violation of the institution?s rules or policies.36 Postsecondary institutions also are subject to additional rules under the Clery Act. This law, which applies to postsecondary institutions that participate in Federal student ?nancial aid programs, requires that ?both the accuser and the accused must be informed of the outcome37 of any institutional disciplinary proceeding brought alleging a sex offense.?38 Compliance with this requirement does not constitute a violation of FERPA. Furthermore, the FERPA limitations on redisclosure of information do not apply to information that postsecondary institutions are required to disclose under the Clery Act.39 Accordingly, postsecondary institutions may not require a complainant to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of this information. Steps to Prevent Sexual Harassment and Sexual Violence and Correct its Discriminatog Effects on the Complainant and Others Education and Prevention In addition to ensuring full compliance with Title IX, schools should take proactive measures to prevent sexual harassment and violence. OCR recommends that all schools implement preventive education programs and make victim resources, including comprehensive victim services, available. Schools may want to include these education programs in their (1) orientation programs for new students, faculty, staff, and employees; (2) training for students who serve as advisors in residence halls; (3) training for student athletes and coaches; and (4) school assemblies and ?back to school nights." These programs should include a non-negligent manslaughter); destruction, damage or vandalism of property; kidnapping/abduction; robbery; and forcible sex offenses. Forcible sex offenses are de?ned as any sexual act directed against another person forcibly or against that person?s will, or not forcibly or against the person's will where the victim is incapable of giving consent. Forcible sex offenses include rape, sodomy, sexual assault with an object, and forcible fondling. Non- forcible sex offenses are incest and statutory rape. 34 C.F.R. Part 99, App. A. 35 34 C.F.R. For purposes of 34 CPR. disclosure of "final results" is limited to the name of the alleged perpetrator, any violation found to have been committed, and any sanction imposed against the perpetrator by the school. 34 C.F.R. 99.39. 3? 34 cm. ?7 For purposes of the Clery Act, ?outcome? means the institution's final determination with respect to the alleged sex offense and any sanctions imposed against the accused. 34 C.F.R. 3' 34 C.F.R. Under the Clery Act, forcible sex offenses are defined as any sexual act directed against another person forcibly or against that person?s will, or not forcibly or against the person's will where the person is incapable of giving consent. Forcible sex offenses include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. Non-forcible sex offenses include incest and statutory rape. 34 C.F.R. Part 668, Subpt. 0, App. A. ?9 34 C.F.R. Page 15 - Dear Colleague Letter: Sexual Violence discussion of what constitutes sexual harassment and sexual violence, the school?s policies and disciplinary procedures, and the consequences of violating these policies. The education programs also should include information aimed at encouraging students to report incidents of sexual violence to the appropriate school and law enforcement authorities. Schools should be aware that victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of school or campus rules were involved.?0 As a result, schools should consider whether their disciplinary policies have a chilling effect on victims? or other students? reporting of sexual violence offenses. For example, OCR recommends that schools inform students that the schools? primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that use of alcohol or drugs never makes the victim at fault for sexual violence. OCR also recommends that schools develop specific sexual violence materials that include the schools? policies, rules, and resources for students, faculty, coaches, and administrators. Schools also should include such information in their employee handbook and any handbooks that student athletes and members of student activity groups receive. These materials should include where and to whom students should go if they are victims of sexual violence. These materials also should tell students and school employees what to do if they learn of an incident of sexual violence. Schools also should assess student activities regularly to ensure that the practices and behavior of students do not violate the schools? policies against sexual harassment and sexual violence. Remedies and Enforcement As discussed above, if a school determines that sexual harassment that creates a hostile environment has occurred, it must take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects. In addition to counseling or taking disciplinary action against the harasser, effective corrective action may require remedies for the complainant, as well as changes to the school?s overall services or policies. Examples of these actions are discussed in greater detail below. Title IX requires a school to take steps to protect the complainant as necessary, including taking interim steps before the ?nal outcome of the investigation. The school should undertake these steps once it has notice of a sexual harassment or violence allegation. The school should notify the complainant of his or her options to avoid contact with the alleged perpetrator and allow students to change academic or living situations as appropriate. For instance, the school may prohibit the alleged perpetrator from having any contact with the complainant pending the results of the school?s investigation. When taking steps to separate the complainant and alleged perpetrator, a school should minimize the burden on the The Department? 5 Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention (HEC) helps campuses and communities address problems of alcohol, other drugs, and violence by identifying effective strategies and programs based upon the best prevention science. Information on HEC resources and technical assistance can be found at Page 16 Dear Colleague Letter: Sexual Violence complainant, and thus should not, as a matter of course, remove complainants from classes or housing while allowing alleged perpetrators to remain. In addition, schools should ensure that complainants are aware of their Title IX rights and any available resources, such as counseling, health, and mental health services, and their right to ?le a complaint with local law enforcement."1 Schools should be aware that complaints of sexual harassment or violence may be followed by retaliation by the alleged perpetrator or his or her associates. For instance, friends of the alleged perpetrator may subject the complainant to name-calling and taunting. As part of their Title IX obligations, schools must have policies and procedures in place to protect against retaliatory harassment. At a minimum, schools must ensure that complainants and their parents, if appropriate, know how to report any subsequent problems, and should follow-up with complainants to determine whether any retaliation or new incidents of harassment have occurred. When OCR ?nds that a school has not taken prompt and effective steps to respond to sexual harassment or violence, OCR will seek appropriate remedies for both the complainant and the broader student population. When conducting Title IX enforcement activities, OCR seeks to obtain voluntary compliance from recipients. When a recipient does not come into compliance voluntarily, OCR may initiate proceedings to withdraw Federal funding by the Department or refer the case to the US Department of Justice for litigation. Schools should proactively consider the following remedies when determining how to respond to sexual harassment or violence. These are the same types of remedies that OCR would seek in its cases. Depending on the specific nature of the problem, remedies for the complainant might include, but are not limited to:42 0 providing an escort to ensure that the complainant can move safely between classes and activities; 0 ensuring that the complainant and alleged perpetrator do not attend the same classes; 0 moving the complainant or alleged perpetrator to a different residence hall or, in the case of an elementary or secondary school student, to another school within the district; providing counseling services; providing medical services; providing academic support services, such as tutoring; The Clery Act requires postsecondary institutions to develop and distribute a statement of policy that informs students of their options to notify proper law enforcement authorities, including campus and local police, and the option to be assisted by campus personnel in notifying such authorities. The policy also must notify students of existing counseling, mental health, or other student services for victims of sexual assault, both on campus and in the community. 20 U.S.C. ?2 Some of these remedies also can be used as interim measures before the school?s investigation is complete. Page 17 - Dear Colleague Letter: Sexual Violence 0 arranging for the complainant to retake a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant's academic record; and - reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined.?3 Remedies for the broader student population might include, but are not limited to: Counseling and Training 0 offering counseling, health, mental health, or other holistic and comprehensive victim services to all students affected by sexual harassment or sexual violence, and notifying students of campus and community counseling, health, mental health, and other student services; - designating an individual from the school's counseling center to be ?on call? to assist victims of sexual harassment or violence whenever needed; 0 training the Title IX coordinator and any other employees who are involved in processing, investigating, or resolving complaints of sexual harassment or sexual violence, including providing training on: the school?s Title IX responsibilities to address allegations of sexual harassment or violence 0 how to conduct Title IX investigations 0 information on the link between alcohol and drug abuse and sexual harassment or violence and best practices to address that link; 0 training all school law enforcement unit personnel on the school?s Title IX responsibilities and handling of sexual harassment or violence complaints; 0 training all employees who interact with students regularly on recognizing and appropriately addressing allegations of sexual harassment or violence under Title and informing students of their options to notify proper law enforcement authorities, including school and local police, and the option to be assisted by school employees in notifying those authorities. Development of Materials and Implementation of Policies and Procedures 0 developing materials on sexual harassment and violence, which should be distributed to students during orientation and upon receipt of complaints, as well as widely posted throughout school buildings and residence halls, and which should include: 0 what constitutes sexual harassment or violence what to do if a student has been the victim of sexual harassment or violence contact information for counseling and victim services on and off school grounds how to ?le a complaint with the school how to contact the school?s Title IX coordinator 0000 ?3 For example, If the complainant was disciplined for skipping a class in which the harasser was enrolled, the school should review the incident to determine if the complainant skipped the class to avoid contact with the harasser. Page 18 - Dear Colleague Letter: Sexual Violence 0 what the school will do to respond to allegations of sexual harassment or violence, including the interim measures that can be taken 0 requiring the Title IX coordinator to communicate regularly with the school?s law enforcement unit investigating cases and to provide information to law enforcement unit personnel regarding Title IX requirements? 0 requiring the Title IX coordinator to review all evidence in a sexual harassment or sexual violence case brought before the school?s disciplinary committee to determine whether the complainant is entitled to a remedy under Title IX that was not available through the disciplinary committeefs requiring the school to create a committee of students and school officials to identify strategies for ensuring that students: 0 know the school?s prohibition against sex discrimination, including sexual harassment and violence 0 recognize sex discrimination, sexual harassment, and sexual violence when they occur 0 understand how and to whom to report any incidents 0 know the connection between alcohol and drug abuse and sexual harassment or violence 0 feel comfortable that school of?cials will respond and equitably to reports of sexual harassment or violence; 0 issuing new policy statements or other steps that clearly communicate that the school does not tolerate sexual harassment and violence and will respond to any incidents and to any student who reports such incidents; and revising grievance procedures used to handle sexual harassment and violence complaints to ensure that they are prompt and equitable, as required by Title IX. School Investigations and Reports to OCR conducting periodic assessments of student activities to ensure that the practices and behavior of students do not violate the school?s policies against sexual harassment and violence; 0 investigating whether any other students also may have been subjected to sexual harassment or violence; 0 investigating whether school employees with knowledge of allegations of sexual harassment or violence failed to carry out their duties in responding to those allegations; conducting, in conjunction with student leaders, a school or campus "climate check? to assess the effectiveness of efforts to ensure that the school is free from sexual harassment and violence, and using the resulting information to inform future proactive steps that will be taken by the school; and Any personally identi?able information from a student?s education record that the Title IX coordinator provides to the school's law enforcement unit is subject to nondisclosure requirements. ?5 For example, the disciplinary committee may lack the power to implement changes to the complainant's class schedule or living situation so that he or she does not come in contact with the alleged perpetrator. Page 19 - Dear Colleague Letter: Sexual Violence 0 submitting to OCR copies of all grievances ?led by students alleging sexual harassment or violence, and providing OCR with documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any ?nal disposition letters, disciplinary records, and documentation regarding any appeals. Conclusion The Department is committed to ensuring that all students feel safe and have the opportunity to benefit fully from their schools? education programs and activities. As part of this commitment, OCR provides technical assistance to assist recipients in achieving voluntary compliance with Title IX. If you need additional information about Title IX, have questions regarding policies, or seek technical assistance, please contact the OCR enforcement of?ce that serves your state or territory. The list of of?ces is available at Additional information about addressing sexual violence, including victim resources and information for schools, is available from the U.S. Department of Justice?s Of?ce on Violence Against Women (OVW) at Thank you for your prompt attention to this matter. I look forward to continuing our work together to ensure that all students have an equal opportunity to learn in a safe and respectful school climate. Sincerely, Ali Assistant Secretary for Civil Rights OVW also administers the Grants to Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program. This Federal funding is designed to encourage institutions of higher education to adopt comprehensive, coordinated responses to domestic violence, dating violence, sexual assault, and stalking. Under this competitive grant program, campuses, in partnership with community-based nonpro?t victim advocacy organizations and local criminal Justice or civil legal agencies, must adopt protocols and policies to treat these crimes as serious offenses and develop victim service programs and campus policies that ensure victim safety, offender accountability, and the prevention of such crimes. OVW recently released the ?rst solicitation for the Services, Training, Education, and Policies to Reduce Domestic Violence, Dating Violence, Sexual Assault and Stalking in Secondary Schools Grant Program. This innovative grant program will support a broad range of activities, including training for school administrators, faculty, and staff; development of policies and procedures for responding to these crimes; holistic and appropriate victim services; development of effective prevention strategies; and collaborations with mentoring organizations to support middle and high school student victims. U.S. Department of Education Office for Civil Rights Dear Colleague Letter: Sexual Violence Background, Summary, and Fast Facts April 4, 2011 Sexual Violence Statistics and Effects Acts of sexual violence are vastly under-reported.1 Yet, data show that our nation?s young students suffer from acts of sexual violence early and the likelihood that they will be assaulted by the time they graduate is signi?cant. For example: Recent data shows nearly 4,000 reported incidents of sexual battery and over 800 reported rapes and attempted rapes occurring in our nation?s public high schools.2 Indeed, by the time girls graduate from high school, more than one in ten will have been physically forced to have sexual intercourse in or out of school.3 I When young women get to college, nearly 20% of them will be victims of attempted or actual sexual assault, as will about 6% of undergraduate men.4 0 Victims of sexual assault are more likely to suffer academically and from depression, post-traumatic stress disorder, to abuse alcohol and drugs, and to contemplate suicide.S Why is ED Issuing the Dear Colleague letter Title IX of the Education Amendments of 1972 ("Title 20 U.S.C. Sec.1681, et seq., prohibits discrimination on the basis of sex in any federally funded education program or activity. ED is issuing the DCL to explain that the requirements of Title IX cover sexual violence and to remind schools6 of their responsibilities to take immediate and effective steps to respond to sexual violence in accordance with the requirements of Title IX. In the context of the letter, sexual violence means physical sexual acts perpetrated against a person?s will or where a person is incapable of giving consent. A number of acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. 1 For example, see HEATHER M. KARJANE ET AL. SEXUAL ASSAULT ON CAMPUS: WHAT COLLEGES AND UNIVERSITIES ARE DOING ABOUT IT 3 (Nat'l. Institute of Justice, Dec. 2005). 2 SIMONE ROBERS ET AL. INDICATORS OF SCHOOL CRIME AND SAFETY 104 (U.S. Dep?t of Education U.S. Dep?t of Justice, Nov. 2010), available at 3 EATON, D. K., KANN, L., KINCHEN, S., SHANKLIN, 5., Ross, 1., HAWKINS, 1., ET AL., YOUTH BEHAVIOR SURVEILLANCE-UNITED STATES 2009, Morbidity and Mortality Weekly Report, 1-148. CHRISTOPHER P. ET AL., THE CAMPUS SEXUAL ASSAULT STUDY FINAL REPORT S-S. (Nat?l. Criminal Justice Reference Service, Oct. 2007), available at 5 For example, see WORLD HEALTH ORGANIZATION, WORLO REPORT ON VIOLENCE AND HEALTH 162-164 (Etienne G. Krug, et al. eds., 2002), available at CENTERS FOR DISEASE CONTROL, UNDERSTANDING SEXUAL VIOLENCE: FACT SHEET 1 (2011), available at 6 "Schools" includes all recipients of federal funding and includes school districts, colleges, and universities. What does the DCL do? Provides guidance on the unique concerns that arise in sexual violence cases, such as the role of criminal investigations and a school?s independent responsibility to investigate and address sexual violence. Provides guidance and examples about key Title IX requirements and how they relate to sexual violence, such as the requirements to publish a policy against sex discrimination, designate a Title IX coordinator, and adopt and publish grievance procedures. Discusses proactive efforts schools can take to prevent sexual violence. Discusses the interplay between Title IX, FERPA, and the Clery Act7 as it relates to a complainant?s right to know the outcome of his or her complaint, including relevant sanctions facing the perpetrator. - Provides examples of remedies and enforcement strategies that schools and the Of?ce for Civil Rights (OCR) may use to respond to sexual violence. What are a school?s obligations under Title Ix regarding sexual violence? Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate or otherwise determine what occurred. If sexual violence has occurred, a school must take prompt and effective steps to end the sexual violence, prevent its recurrence, and address its effects, whether or not the sexual violence is the subject of a criminal investigation. A school must take steps to protect the complainant as necessary, including interim steps taken prior to the ?nal outcome of the investigation. A school must provide a grievance procedure for students to ?le complaints of sex discrimination, including complaints of sexual violence. These procedures must include an equal opportunity for both parties to present witnesses and other evidence and the same appeal rights. A school?s grievance procedures must use the preponderance of the evidence standard to resolve complaints of sex discrimination. A school must notify both parties of the outcome of the complaint. How can I get help from OCR offers technical assistance to help schools achieve voluntary compliance with the civil rights laws it enforces and works with schools to develop approaches to preventing and addressing discrimination. A school should contact the OCR enforcement office serving its jurisdiction for technical assistance. For contact information, please visit website at A complaint of discrimination can be filed by anyone who believes that a school that receives Federal ?nancial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability, or age. The person or organization ?ling the complaint need not be a victim of the alleged discrimination, but may complain on behalf of another person or group. For information on how to ?le a complaint with OCR, visit or contact Customer Service Team at 1-800-421-3481. 7 The Family Educational Rights and Privacy Act is at 20 U.S.C. Sec. 1232g, and the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act is at 20 U.S.C. Sec 1092(f). Long, Jim From: Sent: Wednesday, May 02, 2012 2:43 5M To: Long, Jim CC: I Subject: e: om oring leports Jim. Thanks very much. I too have appreciated having the opportunity to work with you and helping the school resolve the issues they faced. I don't have to tell you how important it is for our students and our employees. I will work with Karen to get a single report to you on the things we have completed and a progress report on where we are with the rest of it. I'll have to get her input on a realistic date but I hope to have at least the initial report on several items before my departure on the 3 1 st. Thanks again. It has been a pleasure to work with you. On Wed, May 2, 2012 at 1:29 PM, Long, Jim wrote: I am so sorry you?ll be leaving. I?m sure having OCR involved at the school hasn?t been wonderful, but I have really appreciated working with you to resolve the issues we identi?ed. I think you have set a great example of cooperation for y0ur school and others. I will miss working with you. Please share witt~1(b) that she doesn?t need to piecemeal items to me. A more consolidated report will be fine, but it would be helpful what the target date is for the first report. Good luck in whatever endeavor you pursue. Jim From: Sent: Wednesday, May 02, 2012 11:01 AM To: Long, Jim Cc: Subject: Re: Moniton'ng Reports Good Morning Jim, I will work with to make sure we get the reporting requirements ful?lled as soon as possible. I submitted the Title IX policy statement (Item which you provided comment on. to the executive administration for their approval on April 2 and again yesterday but have not received ?nal approval of the document so that it can be implemented (Item We have a new notice of non-discrimination (Item posted on our web site at: - id work with the students and completed most of the Individual Remedies (Items #9 - 13). She also set up the Title IX training (Item 7. which you provided) and I believe she has scheduled speci?c training for herself as the Title IX Coordinator (Item 6) but I am not sure of the dates on that. FYI, I have resigned from my position here at the College and my last day of employment will be May 3lst. I will work with Karen to get as much of the required reports completed and to you before my departure. After the 3lst she will be your primary contact person. Thanks, IE1 On Wed, May 2, 2012 at 10:19 AM, Long, Jim <.Iim.Long@ed.gov> wrote: ??517! I?ve been looking over the Resolution Agreement in Case 08-1 1-2125. It appears the college had two reporting requirements (March 1 and February 29?no reason not to combine them) that have passed. See Reporting Requirements, items a, (actually April 15know when we can expect those (or that combined) report? Thank you. I realize that we have communicated frequently and pro?tably, particularly about the grievance procedure, but we do need the appropriate reports (see our exchange of e-mails on 3/28) to track the College?s compliance efforts and our con?rmation of the success of those efforts. Thanks for your continued cooperation as we work through the Agreement. 2 1VUI LVCW LUHCEU 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.747.2139 Fax: 505. 747.2180 Long. Jim I - prom; Sent: Tuesday, February 07, 2012 2:45 PM To: Long, Jim Subject: Re: Resolution of Case No. 08112125 Attachments: NNMC Title IX Policy 8: Procedure.docx; Grievance Policy.pdf Good Afternoon Mr. Long. I have been working on our draft of our Title IX Grievance Procedures as required by Action Step #1 in our 302 Resolution. I believe the document attached is inclusive of all the information that is required but would appreciate your feedback on whether I missed anything or if you think I have indeed captured everything that needs to be in it. Please let me know if we are on the right track! The Word doc is the Policy. The PDF is our current grievance policy here at the College and is referenced in the Word Doc policy statement. Thank you, WI On Tue, Jan 31, 2012 at 3:47 PM, Long, Jim wrote: That would be fine, but getting them here on or about 1 March would be great. Jim (bx?c) I Sent: Tuesday, January 31, 2012 3:44 PM To: Long, Jim Subject: Re: Resolution ofCase No. 081 12125 Thank you. was indeed intending to combine and send as much as possible by 15 February since I will be out of town from the 16th thru the 26th. If I can get all the items that are due by 1 March to you by the 15th I will do so. On Tue, Jan 31, 2012 at 3:18 PM, Long, Jim wrote: Susan, I?m looking forward to working with the College on this. Just for information, for reports that are due and or about the same time (like February 29"1 and March please feel free to combine reports. I should have combined them as we were progressing, but some elements of the agreement developed differently than others. As we move along, let's make this as straightforward as possible. Jim Long (bx?c) Sent: Tuesday, January 31, 2012 3:01 PM To: Long, Jim I Cc: Tony F. Ortiz; Frank Orona; (W7 Subject: Re: Resolution of Ca - 'o Mr. Long, Thank you very much for assisting us in this process. We will indeed contact your of?ce in the future for assistance in providing training to our students and staff as required by the Resolution Agreement. We appreciate the guidance you have provided. Regards, On Tue, Jan 2012 at 2:53 PM. Long, Jim wrote: 030(6); Mr. Ortiz Ms. I?ve attached a copy of the resolution letter and agreement. If you have any questions or concerns as we proceed, please do not hesitate to contact me. Thank you, again, for your patience, diligence, and cooperation throughout the case resolution process. Again, if you would like me or someone from our office to conduct or participate in the training required by the Resolution Agreement, please let me know and I will try to coordinate that. Jim Lang James D. Long, Jr. Of?ce for Civil Rights US. Department of Education 1244 Speer Blvd., Ste 300 Denver, CO 80204 303-844-6299 (of?ce) 303-844-4303 (fax) jim.long@ed.gov This message and any attachments are for the designated recipient only and may contain con?dential, privileged or proprietary information. If you have received it in error, please noti?/ the sender immediately and delete the original and any copy or printout. Unintended recipients are prohibitedfrom making any other use of this message. Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 (bxe); Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 [:31 lei OT Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 Northern New Mexico College HUMAN RESOURCES POLICY ?Subject: Grievance Policy and Procedures rue 3.1 Reference: Date April 27, 2006 proved By Board of Regents: Replaces September 19, 1987 Policy proved On: Purpose: The purpose of this policy is to provide an equitable and orderly process by which to resolve, at the lowest possible level, any grievance by employees of Northern New Mexi Community College. Nothing contained herein shall be construed to limit in any way the ability of the College and the grievant to resolve any grievance informally if possible. This process should establish a mutual understanding of encouragement to resolve problems with objectivity, freedom from fear or retaliatory consequences or reprisals and within a reasonable amount of time. Note: This policy shall apply in all cases. and for all employees of the College excep where the issues being grieved are governed by a prevailing bargained for employee agreement, in which case the grievance procedures contained therein shall govern the grievance process. Policy: It is the policy of NNMC to provide an equitable and orderly process by which to resolve, at tclge lowest possible level, any grievance by employees of Northern New Mexico Community ollege. Procedures: A. De?nitions 1. A ?grievance? shall be de?ned as a dispute or complaint from an employee of the institution. about the institutions policies. procedures. or management. 2. A ?grievant? shall be an employee of the institution. 3. ?Days? shall mean workdays and shall not include holidays or recesses observed by the College. B. Procedures 1. Grievance proceedings shall be kept informal and con?dential at all levels of thi procedure. 2. The number of days indicated at each level of this procedure shall be considered a maximum, and every effort shall be made to expedite the process. 3. If the College fails to comply with the time limit requirements as set forth under any of the procedure levels. the grievance shall be considered automatically appealed to the next level of the procedure. 4. If the grievant fails to comply with the grievant?s time limit requirements as set forth under any of the procedure levels. the grievance shall be considered null and void. 10. 11. 12. 13. 14. 15. The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. A grievance shall not be considered unless the grievant ?les the grievance no later than ten (10) days after the grievant knew or reasonably should have known of the action tha precipitated the grievance. No reprisal or retaliation by any party to the grievance shall be taken against any party as a result of participation in the proceeding of a grievance. If a grievance affects a group of two or more employees or involves a decision or action by the College that has a system-wide impact. the employees may submit the grievance on behalf of the affected employees at Level Two of this procedure. The parties may submit this grievance at Level One if all of the employees affected by the grievance hav the same supervisor. The parties shall cooperate in any investigation that may be necessary in order to expedite the process. All documents related to a grievance shall be maintained in a separate grievance ?le an shall not be kept in the personnel ?le of any of the grievance participants. All grievances and grievance responses shall be ?led and processed on grievance form included herein. Unless otherwise agreed to by the parties. the processing of grievances shall be conducted during non-duty time or before or after the work day. If the parties agree to process the grievance during the employee?s workday. the employee shall not suffer any loss of pay or bene?ts. Except for informal decisions at Level One. all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to the grievant. Level One 1. A grievant shall ?rst discuss the grievance with the grievant immediate supervisor, with the objective of resolving the issue informally. If the grievance is not resolved with the immediate supervisor, or the immediat supervisor has not responded within ten (10) workdays of the grievance ?ling, grievance may be ?led at Level Two. If the immediate supervisor has no authority to resolve the grievance, the grievance ma be submitted by the grievant directiy to Level Two. Management may defer the grievan back to Level One if the supervisor at that Level has the authority to address the grievance, so long as such deferral takes place within ten (10) days of receipt of th g?evance. If the grievant is not satis?ed with the immediate supervisor?s disposition. the grievant may appeal the grievance to Level Two no later than ten (10) days following the receipt o? the immediate supervisor?s decision. Level Two Level Three 1. Arbitration 1. No later than ten (10) days following receipt of the written grievance, the Dean shall schedule a meeting in an attempt to resolve the grievance. Each party shall be entitled bring documents and/or witnesses to the meeting in order to present evidence on their behalf. Each party shall have the right to question witnesses brought by the other party. No later than ten (10) days following the conclusion of the meeting, the Dean shall submit the written response to the grievant and the Federation. If the grievance is not settled at Level Two and the grievant(s) wish to appeal th grievance to Level Three (President or designee), it shall be appealed, in writing, to th President within ten (10) workdays after receipt of the decision at Level Two. Within ten (10) workdays the President, or the designated representative, provided said person has not been previously involved in Levels One or Two, shall discuss the grievance with the grievant(s) at a time mutually agreeable to the parties. If no settlement is reached, the President, or the designated representative, shall give a written answer within ten (10) workdays following such meeting. If the grievant is not satis?ed with the President?s written disposition, the Grievant may submit the grievance to arbitration by submitting a written request for arbitration to the President no later than ten (10) days following the receipt of the President?s or designee?s written decision. The arbitrator will be selected from a list of ?ve (5) arbitrators requested from the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association The arbitrator shall be chosen through the process of alternatively striking arbitrators until one (1) remains. The order for striking shall be determined by the parties by the ?ip of a coin. This process shall be conducted no later than ten (10) days following receipt by the parties of the list of arbitrators from FMCS or The arbitrator shall conduct a hearing as soon as possible. The arbitrator may establish the rules of procedure and, at the arbitrator's discretion, may require the parties 0 witnesses to testify under oath. The arbitrator?s decision shall be submitted in writing within thirty (30) days after the closing of the hearing and shall include the decision, rationale, and, if appropriate, relief. The arbitrator shall have no authority to add to or subtract from or extend or detract from the rights of employees covered by this Agreement. The arbitrator?s decision shall be ?nal and binding on the parties. The arbitrator?s fees and costs shall be shared equally by the parties. All other expenses shall be assumed by the party incurring the cost. Cross Reference: Northern New Mexico College Grievance Form (Non-Bargained For Employee Agreement Issues) Date Level To: Statement of alleged violation of Agreement wherein redress through the grievance procedure is provided (include appropriate date(s) and name(s) of personnel involved. Action requested to remedy grievance: Copies: Aggrieved Signature Aggrieved Immediate Supervisor Human Resources Long, Jim From; I Sent: Wednesday, February 15, 2012 6:09 PM To: Long, Jim Cc: subject: IVIVIVIL Ul ayment Attachments: OCR - to Mr. Long. Attached is a scan of the reimbursement check (?le copies) that have been issued to the Complainant and the two other female students for the semester or individual classes they were enrolled in with the alleged harassers. Our HR Director and Title IX Coordinator. Karen Dvorak. is scheduling time in the next week to meet with all three students to ful?ll our requirement per Item #10 under Individual Remedies. At that time she will also offer the complainant counseling sessions. We will provide the appropriate documentation when those steps have been completed. Thanh ?1 26x6); New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.747.2139 Fax: 505. 747.2180 Northern New Mexico College 9?.l Paseo de O?ate Street Espa?ola. New Mexico 87532 Telephone (505) 747-2I00 General Fund Account ValleyNuiomlBank .NewMexic 95-?6; Mammalian?..- Chock Date CheckAmoun! 02/15/12 USD ttOne Thousand Hundred Seventy?Eight TO THE ORDER OF (bxe); (bx?c) This Check Void A0990 00y: 11* LE IPDDOEU WEI I: 001.58% 758?130kn' Nonhern New Memo ('o?ege - Geml Fund Account INVOICE ?salmon om mm "m m1; AMUNT Di CHARGES AM 02/13/12 Refund Check 1,970.40 0.00 0.00 1,978.TOTAL TOTAL WALADDL Gm sum 0m: '0 moss 013mm canoes Am 60060170 i 02/15/12 000016252 1,973.48 col 00 1,973.40 Northern New Mexico College m" "m m. w. 1 00060136 92] Paseo dc O?ate Street Emm7?m vu?n- ?unknown-uh!- Espa?ola, New Mexico 87532 Telephone (505) 747.2100 Genml?Fund Account 02/15/12 USD FAY tim Hundred Thirty-Nine TO THE ORDER OF (bxe); (bx?c) Shawn-um; 'lhis Check Void After? Day: moo 985?! 4?35 :1 30 1.1- Ncmhem New Mexico Colleg: - General Fund Account 055mm", om mm AWTIONAL NUMBER 02/13/12 Refund Check 239.51 0.00 0.00 239.mm. mm. TOY/u.ch Gm mm one cm amass AMOUNT 4 00060136 02/15/12 i 000000302 239.51 .001 00 239.51 PAY otWo Hundred sixty-1?wo TO THE ORDER OF Northern New Mexico College 921 Paseo de Oilate Street Bpa?ola. New Mexico 87532 Telephone (505) 747-2100 General Fund Account (bxe); (bx?c) Valley National Bankr la. New MexicoL "l v? .J ?070 uni-Mammals. Chock Date 02/15/12 3031*; 983?! 8?1 - This (?heck Void Afler 90 [hys G0060149 (?lteclt Amount USD Northem New Mexico College - General hand Account mm Am DISCOUNT CHARGES 11:51:01 1 02/13/12 I Refund c11ch I- 262.01. 0?.00 0.00 262.3595? @151 th_w? .2 00060149 1 02/15/12 000061.530 262.04 .00 .00 262.04 Long, Jim From: Long, Jim Sent: Thursda Febru 23, 2012 8:47 AM Subject: RE: Resolution of Case No. 08112125 Attachments: NNMC Title IX Policy Proceduredocx; I?m sorry to take so long getting back to you, but we?re simply swamped right now. I?ve attached the draft you sent me with my comments. I want to point out that it looks like I spilled a lot of "ink" on this, but understand most of my comments are merely suggestions to consider. There are very few, and I think they should be clear, that would be required by our regulations. lam happy to discuss at any time, but you know your institution and what will work there better than I. We also attached a copy of the Assistant Secretary/s April 2011 "Dear Colleague? letter that addresses this issue?note especially pages 3-6 and 8-14. You may find pp 8-14 particularly apt and helpful. Again, it's a pleasure to work with you on this important matter. I?ve been speaking with Karen Dvorak and hope to set some dates for training in the near future. Please do not hesitate to call me if you have any questions or concerns. Jim Long Sent: y, ruarY 3 To: Long, Jim Subject: Re: Resolution of Case No. 08112125 Good Aftemoon Mr. Long, I have been working on our draft of our Title IX Grievance Procedures as required by Action Step #1 in our 302 Resolution. i believe the document attached is inclusive of all the information that is required but would appreciate your feedback on whether I missed anything or if you think I have indeed captured everything that needs to be in it. Please let me know if we are on the right track! The Word doc is the Policy. The PDF is our current grievance policy here at the College and is referenced in the Word Doc policy statement. 'ou. On Tue, Jan 31, 2012 at 3:47 PM, Long, Jim wrote: That would be fine, but getting them here on or about 1 March would be great. Jim mm (bxe); Sent: T'u?iy, January 31, 2612 3:33 FM To: Long, Jim Subject: Re: Resolution of Case No. 081 12125 Thank you. I was indeed intending to combine and send as much as possible by 15 February since 1 will be out of town from the 16th thru the 26th. lf 1 can get all the items that are due by 1 March to you by the 15th I will do so. On Tue, Jan 31, 2012 at 3:18 PM, Long, Jim wrote: Susan, I'm looking forward to working with the College on this. Just for information, for reports that are due and or about the same time (like February 29th and March please feel free to combine reports. I should have combined them as we were progressing, but some elements of the agreement developed differently than others. As we move along, let?s make this as straightforward as possible. Jim Long From (WHO Sent: uesday, January 31, 2012 3:01 PM To: Long, Jim Cc: Tony F. Ortiz; Frank Orona; Karen Dvorak Subject: Re: Resolution of Case No. 08112125 Mr. Long, Thank you very much for assisting us in this process. We will indeed contact your of?ce in the future for assistance in providing training to our students and staff as required by the Resolution Agreement. We appreciate the guidance you have provided. Regards, On Tue, Jan 31, 2012 at 2:53 PM, Long, Jim wrote: Mr. Ortiz Ms. I?ve attached a copy of the resolution letter and agreement. If you have any questions or concerns as we proceed, please do not hesitate to contact me. Thank you, again, for your patience, diligence, and cooperation throughout the case resolution process. Again, if you would like me or someone from our of?ce to conduct or participate in the training required by the Resolution Agreement, please let me know and I will try to coordinate that. Jim Long James D. Long, Jr. Of?ce for Civil Rights US. Department of Education 1244 Speer Blvd., Ste 300 Denver, CO 80204 303-844-6299 (of?ce) 303-844-4303 (fax) jim.long@ed.g0v This message and any attachments arefor the designated recipient only and may contain con?dential. privileged or proprietary information. If you have received it in error, please noti?/ the sender immediately and delete the original and any copy or printout. Unintended recipients are prohibited from making any other use ofthis message. (bxe); (bx?c) Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 (bx?c) Chief of Staff Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 unet or mart Northern New Mexico College 921 Paseo de Onate Espanola, New Mexico 87532 Direct: 505.242.2139 Fax: 505. 242.2180 NNMC Title IX Policy Statement Northern New Mexico College (Northern or the College) is committed to providing equal access to educational and employment opportunities regardless of race, color, religion, national origin. physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, ancestry, spousal affiliation or medical condition. The College is committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of its employees or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This also applies to individuals conducting business within the college. The Director of Human Resources serves as Northern?s Title IX Coordinator and is the designated entity on campus for assuring compliance with all College policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Of?ce is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola, New Mexico. The Title IX Coordinator can be reached at 505.747.2160 during regular business hours (8:00 am. 5:00 pm, Monday through Friday) and via email to HR@mtmc.edu. Sexual harassment is a violation of Educational Amendments of 1972 and will not be tolerated at Northern New Mexico College. The following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has filed a complaint, testi?ed or participated in any proceedings under Federal or State law. Retaliation against an employee or student for filing a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. Northern disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above de?nition of sexual harassment [there isn?t an "above de?nition" ?this probably should follow the definition latter?l copied this text below where I think vott intended it to appenr.l and which has a detrimental but limited impact on the work and/or educational environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct shall be strongly and actively discouraged by responsible supervisors and faculty members. While sexual harassment most often takes place in a situation of power differential between the persons involved, this policy recognizes also that sexual harassment may occur between persons of the same status: student-student, faculty-faculty, staff-staff. The prohibition of sexual harassment applies regardless of the genders of the parties. Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive in?uence on a student's or employee's success and future career at Northern and beyond. [Again. this whole section. beginning with "Northern disapproves . . miealh? should probahlv appear somewhere in_ the lbllowing seetion. Definition Examples of Sex Discrimination Sexual harassment is a kind ol'diserimination based on sex. Sexual harassment includes anvlior unwelcomed sexual advances or requests for sexual favors, and other unwelcomed conduct of a sexual nature constitute prohibited sexual harassment when: 0 submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement; submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; 0 such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment; or 0 a supervisor or faculty member fails to take corrective action when he or she knows, or reasonably should have known, that a subordinate employee or a student is being subjected to sexual harassment. Conduct of sexual nature may include, but is not limited to, verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually-oriented ?kidding,? ?teasing,? ?double?entendres, and jokes,? and any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated, either verbally or by his or her conduct, that it is unwelcome. An employee or student who has initially welcomed such conduct by active participation must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Examples of sexual harassment which shall not be tolerated include but are not limited to: 0 suggestive or obscene letters, notes, invitations, derogatory comments, epithets, slurs or jokes, 0 impeding or blocking movements, touching, or any physical interference with normal work, 0 sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures. cartoons, or posters (the situation will be evaluated for appropriateness such as art displayed in museums versus centerfold in office setting), - threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments, promotions or transfers, change of assignments, or pooriperformance reviews. following language from above might best be placed here or in this section.] Northem disapproves of intimidating conduct ot?a sexual nature which does not rise to the level ofthe above definition of sexual harassment and which has a detrimental but limited impact on the work and/or educational environment. Such conduct mav include isolated sexual remarks. sexist comments, or inappropriate physical behavior ot'a sexual nature. Such conduct shall be stronglv and actively discouraged by responsible supervisors and faculty members. While sexual harassment most often takes place in a situation of power dil't?erential between the persons involved, this policy recognizes also that sexual harassment mav occur between persons of the same status: student-student. lacultv-t?aculty stal'tlstat?t'. The prohibition of sexual harassment applies regardless ol?thc genders ol'thc parties. Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases. recommendations for graduate studv. promotion. and the like. a teacher or supervisor can have a decisive in?uence on a student's 0r emplovee's success and Future career at Northern and bevond. Procedures for filing a complaint of sex discrimination A person who believes he or she may have experienced sexual harassment may report the incident to any of the following: 0 his or her supervisor, and/or 0 the Title IX Coordinator 0 the Dean of Student Services Disputes involving work-related allegations of sexual harassment that cannot be resolved in the workplace or with the aid of the supervisor will normally be handled by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of handling the allegations and is available to discuss the incident(s), assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available, such as ?ling a formal complaint of sexual harassment, etc. In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances and all the facts forming the context in which the alleged incidents occurred. Procedure for Complaints: Employees If an employee believes that he/she had been sexually harassed, that employee should report the alleged incident to his/her supervisor within the time frame as?speci?ed in the grievance procedure, and follow the pregress?asprocess outlined in the internal grievance procedure (see Grievance Policy and Procedures, 3.1. approved April 27, 2006). If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor, the employee may directly contact the Title IX Coordinator and proceed through the steps asoutlined in the internal grievance procedure (Ibid). Procedures for Complaints: Students If any student believes that he! i she has been sexually harassed, that student should report the alleged incident to the Dean of Student Services.1 The Dean of Student Services and the Title IX Coordinator think this may be inviting trouble. As experience should suggest. it would be best not to create a crack for such complaints to fall through. Here there are two people responsible, although the Federal regulation makes the Title IX coordinator responsible for coordinating "efforts to complv with and carry out its respionsibilities under this part, including any investigation of any complaint communicated to such recipient alleging . . . any actions which would be prohibited bv? the regulation. 34 CPR. 106.8. I?m not sure I understand what "will work with the title IX Coordinator tothoroughly investigate the allegations . . in #2 below means in actual practice. I would seriously consider making one or the other responsible for handling the complaints. You might well provide for. sav. the Title IX Coordinator being authorized to designate another College official (tag, the Dean of Student Services) to conduct an investigation into a complaint of sexual harassment and resolve the complaint in appropriate circumstances. Would that accomplish your purpose? In that wav. there would alwavs be one person vou could look to who would be responsible. It?s always best to have someone responsible. lwill conduct a thorough investigation and provide the student with a written noti?cation of the outcome of the investigation. 1. the?student?shall?A student may report any incident in which they believe they have been victim of sexual harassment:- or discrimination to the Dean of Student Services ??based on what we were told during negotiations. the Title IX coordinator is the one who is/will be trained to handle such investigations. This wrinkle is a little unexpected. As suggested above, there?s a concern that having two reportingmeehanisms may result in complaints falling through the cracks. This is not a matter. however. dictated bv the regulation, so I'm iust providing my observations based on experience.an later than ten (10) days a?er the alleged incident. [Ten days seems like an awfully short period oftime. Our experience is that a typical case would take 60 days to resolve. While I applaud the interested in expeditious resolution. I would suggest considering a longer period for this phase ot?the process, understanding that evidence and memories tend to fade verv fast. For example. a complaint must be ?led with our of?ce within 180 days ol?the last act of discrimination. The College may well determine that 180 days is too long a period to wait. given the turnover of students in a college. Ten days seems an awfully short period. For other stages. for example the time in which to ?le an appeal. 10 days may be ?ne] 2._The Dean of Student Services will work in conjunction with the Title IX Coordinator to a thorough. reliable. and impartial investigation of the complaint?the allegations and will provide all parties with written noti?cation of the euteemelindings of the investigation no later than ten (10) days after receiving the initial complaint. 3. The Dean of Student Services may direct interim measures to ensure the safety and well- being of the complainant and the school community while any investigation ofthe complaint is in progress. 4. The Dean of Student Services may gather any evidence available for consideration, may take statements from witnesses, and will pennit the parties equal opportunity to submit statements, witnesses. or evidence to be considered in the investigation process. 3. The Dean ofStudent Services will applv the conventional rule of civil litigation. the preponderance of the evidence standard. in determining whether sexual harassment occurred as alleged. 2?.6.Any real or perceived con?ict of interest between the Dean of Student Services and either of the parties should be disclosed and resolved by the President or designee. 3:1.No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or partiei-pat-iea?participating in the investigation. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. lere the Title IX coordinator appears as the record custodian without any other apparent duties in student-based complaints] the Dean of Student Services ?nds that harassment occurred. he will take or direct immediate action to stop any further any future harassment. and remedy any harassment that has alreadv occurred. 5:10. If either of the parties to the investigation is unsatis?ed with the decision made by the Dean of Student Services and/or the Title IX Coordinator, the?partiesthat partv shall have the right to appeal, in writing, the decision to the President, or designee, no later than ten (10) days a?er receipt [1 would consider making this "issuance? that avoids arguments surrounding proot?ol'receipt?may want to make it more than ten days in that gaggjof the written noti?cation of the outcome of the investigation from the Dean of Student Services. I. The President, or designee, shall conduct any additional investigations that may be deemed-necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to their his or her appealrequest. [You may want to consider an appeal mechanism something more streamlined. For example. you could provide that the appealing party must explain why the factual or legal analysis in the original decision was incorrect and the appeal will only address that issue, not a dc now; reinvestigation of the complaint allegationts). That approach would avoid having to completely reinvestigate the allegzttion(s). This is only somethingto consider, not something we would in any way require] 1-.12. The President, or designee, will provide the parties with written noti?cation of the outcome of the review?appeal no later than ten (10) days after receiving the written appeal from the studentappealing party I the appealing party could be a faculty member or employee I. The decision of the President, or designee, is ?nal. 8% 3. The time limits set forth in items 1 and 2 above and 8 below may be extended provided, the extension has?beenis based on a showing of good cause and is mutually requested and agreed ammo by the Dean of Student Services in suspect neither party would likely agree to an extension oftime requested by the other? these situations tend to be too antagonistic. The suugestcd language is iust that; there could be other reasonable formulations! The college is committed to thoroughly, reliably. and impartially complaints of alleged sexual harassment and gale-taking whatever-m action is?deemed appropriatenecessarv to stop the harassment. prevent further harassment. and remedv the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially, with con?dentiality and respect for the rights of all individuals involved. Information related to the investigation will be released only on a need to know basis or to any external investigative agency who is investigating a complaint under their jurisdiction. The President, or designee, will be the ?nal authority on releasing any information or documents ens?they pertainrelating to a speci?c case. All investigative ?les will be maintained and controlled by the Title IX Coordinator. There is nothing explaining what action will be taken when the Dean or Title IX coordinator ?nds there has been harassment. What happens to the perpetrator? Are they then put into the disciplinarv svstem? Something else? That needs to be explicit. I would also consider a brief direction on the College?s responsibility to report actions that could be considered criminal to the local law enforcement authorities. Additionallethepolicv might well include a requirement that any staff or faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter to the Title IX Coordinator. 1 NORTHERN NEW MEXICO COLLEGE June 25. 2012 Mr. Jim Long O?ice for Civil Rights US. Department of Education 1244 Speer Blvd., Ste. 300 Denver, Colorado 80204 Dear Mr. Long. In accordance with the Resolution Agreement for Northern New Mexico College, OCR Case Number 08-11-2125, we are submitting for your review and approval our Title IX grievance procedures. Action Step 1: Draft of Title IX grievance procedures for OCR review and approval. Submitted on or about April 12, 2012. Approved by College Executive Committee on June 12, 2012. Approved dra? is attached. a. By March 1, 2012. Reference #1 above. Title IX grievance procedures submitted on or about April 12, 2012. Action Step 2: Pending OCR approval of ?nal draft 4). Within 45 days after approval of Title IX procedures referenced in #2 above. Pending OCR approval of NNMC ?5 ?nal draft (copy attached). c. By December 31, 2012. Submit to OCR c0pies of all Title IX grievances ?led under the OCR approved procedure by students during the 2011-2012. None to date. Action Step 3: Notice of Nondiscrimination/Title Coordinator. Approved draft is attached. 1? 921 Paseo de 0178 te. Espaziola, 87532. (505) 74 7-2111 -FAX (505) 74 7-21.90 We are an equal opportunity and a?irma tive action employer Action Step 4: Distribute electronic and printed publications to employees and students I. I ?a d. By March 1, 2012. Provide OCR a copy of Title IX notice of nondiscrimination referenced in #3 above. NNMC-approved draft attached. \about College services that contain the notice of nondiscrimination. Pending OCR approval of ?nal dra?. e. Within 90 days of approval of notice of nondiscrimination, 1? reference #4 above. Provide copies to OCR of any printed publications, student and employee handbook. web links to any electronic publications containing the Title IX notice and procedures. Pending receipt of approval of dra? (attached). Action Step 5: Revision of job description and corresponding training requirements for its Title IX Coordinator and address proper handling of Title IX complaints. The current Title will no longer be employed at NNMC as of June 30, 2012. A new director will be given the charge to revise the appropriate job description. identify required training and handling of complaints. Request the suspense be extended to August 1, 2012. f. By June 30, 2012. Provide OCR documentation that item #5 above completed. Request extension to August 1, 2012. Un?ction Step 6: Schedule Training for Title IX Coordinator and others identi?ed to process, investigate and/or resolve complaints of sex discrimination. Current Title IX has not had time during the work week to complete the 40-hour block of online training and is leaving June 30. 2012. Request the suspense be extended to August 15, 2012 for replacement. g. By June 30, 2012, NNMC provide OCR with documentation that item #6 above completed. An email notice dated March 22, 2012, was sent out to all Administrators, Faculty, Coaches and Sta?? for the requirement to attend the Title IX Training (copy attached). Action Step 7: Title IX training for all administrators, professors, instructors, coaches, and A - other staff who interact with students. Mr. Jim Long conducted 6 sessions on April 11 and 12 to a total of 178 employees. b. By June 30, 2012, NNMC will provide OCR with documentation that it has completed item Training completed April 11-12, 2012 by Mr. Jim Long Jr, Senior Attorney, OCR. Copy of sign-in sheets are attached and a copy of the Dear Colleague letter that was distributed to all attendees. PowerPoint handouts provided by Mr. Long of his presentation was given to each participant. Action Step 8: College will develop an annual Title IX training program. Trainings will be conducted for faculty at each of the annual Convocations and staff will be scheduled to attend during the year. Request the suspense be extended to August 1, 2012. .921 Paseo de On'ate, Espan?ola, 87532. (505) 7-17-2111 (505/ 7-17-2180 We are an equal opportunity and af?rmative acuon camp/aw Action 14: Within 14 days of adoption of the College?s revised/new sexual harassment policy and Title IX grievance procedures, notify the Complainant in writing of the revised/new policy and procedures and provide copies to her. Pending OCR approval of ?nal dra?. Know that we are grateful for how you have assisted us in our e?brts to be an institution that is more responsive to the needs of our students. Questions about this report may be addressed to Frank Orona. Dean of Student Services. 505- 747-2269. Sincerely. Dr. NANCY "Rusty" BARCELO President .031 Pawn c/c- ()fmfu. All] 5' 753523. #305! 7-17-21 (505) 747-2151) ?in :1 :1 cquu/ uppurrumu' :1 nd m?n'on cmp/qt?er Northern NM College Title IX Policy Procedures Effective Date: May 2012 Revised: NA Subject to Change Without Notice Comments may be sent to 1. General Northern New Mexico College is committed to providing equal access to educational and employment opportunities regardless of race, color, religion, national origin or ancestry, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference. gender identity, ancestry, spousal af?liation, medical condition, veteran or military status, genetic information, or any other status protected by law. We are committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of its employees or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This also applies to individuals conducting business within the college. All NNMC employees, faculty and staff, are required to report any incidents or suspected incidents of sexual harassment to the Title IX Coordinator. All NNMC students are strongly encouraged to report incidents or suspected incidents of sexual harassment to either the Title Ix Coordinator or the Dean of Student Services. The Director of Human Resources serves as Northem?s Title IX Coordinator and is the designated entity on campus for assuring compliance with all College policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Office is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola, New Mexico. The Title IX Coordinator can be reached at 505.747.2160 during regular business hours (8:00 am. 5:00 pm, Monday through Friday) and via email to HR@nnmc.edu. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northern New Mexico College. The following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint, testi?ed or participated in any proceedings under Federal or State law. Retaliation against an employee or student for ?ling a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. Northern NM College Title IX Policy Procedures 2. De?nition Sexual harassment is a kind of discrimination based on sex. Sexual harassment includes any unwelcomed sexual advances or requests for sexual favors; and other unwelcomed conduct of a sexual nature constitutes prohibited sexual harassment when: - submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual?s employment or academic advancement; submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment; or 0 a supervisor or faculty member fails to take corrective action when he or she knows, or reasonably should have known, that a subordinate employee or a student is being subjected to sexual harassment. 3. Examples of Sexual Harassment Conduct of sexual nature may include, but is not limited to, verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually-oriented ?kidding,? ?teasing,? ?double-entendres, and jokes,? as well as any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated, either verbally or by his or her conduct, that it is unwelcome. An employee or student who has initially welcomed such conduct by active participation must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Examples of sexual harassment which shall not be tolerated include but are not limited to: - suggestive or obscene letters, notes, invitations, - derogatory comments, epithets, slurs or jokes, - impeding or blocking movements, touching, or any physical interference with normal work, 0 sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters (the situation will be evaluated for appropriateness such as art displayed in museums versus centerfold in of?ce setting), - threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments, grades, promotions or transfers, change of assignments, or poor performance reviews. Northern disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above de?nition of sexual harassment and which has a detrimental but limited impact on Northern NM College Title IX Policy Procedures the work and/or educational environment. Such conduct may include isolated sexual remarks, sexist comments. or inappropriate physical behavior of a sexual nature. Such conduct shall be strongly and actively discouraged by responsible supervisors and faculty members. While sexual harassment most often takes place in a situation of power differential between the persons involved, this policy recognizes also that sexual harassment may occur between persons of the same status: student-student, faculty-faculty, staff-staff. The prohibition of sexual harassment applies regardless of the status or genders of the parties. Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive in?uence on a student's or employee's success and future career at Northern and beyond. 4. Claims Procedures Contacts A person who believes he or she may have experienced sexual harassment may report the incident to any of the following: - his or her supervisor, and/or - the Title IX Coordinator Disputes involving work-related allegations of sexual harassment that cannot be resolved in the workplace or with the aid of the supervisor will normally be handled by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of handling the allegations and is available to discuss the incident(s), assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available, such as ?ling a formal complaint of sexual harassment, etc. In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances, the totality of the circumstances, and the context in which the alleged incidents occurred. 5. Claims Procedures: Employees Every staff and faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter immediately to the Title IX Coordinator. If an employee believes that he/she has been sexually harassed, that employee should report the alleged incident to his/her supervisor within the time frame as specified in the grievance procedure, and follow the process outlined in the most current version of the internal grievance procedure (see Grievance Policy and Procedures. approved April 27, 2006). Northern NM College Title IX Policy Procedures If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor, the employee may directly contact the Title IX Coordinator and proceed through the steps as outlined in the internal grievance procedure (Ibid). Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that an employee (whether faculty, adjunct faculty, or staff and including individuals providing contract services to the College) engaged in sexual harassment, the employee will be terminated for cause according to the most current version of the NNMC Termination Policy in the NNMC Staff Policy Handbook. 6. Claims Procedures: Students If any student believes that he/ or she has been sexually harassed, that student should report the alleged incident to the Title IX Coordinator. The Title IX Coordinator will conduct a thorough investigation and provide the student with a written noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter immediately to the Title IX Coordinator. 1. The student shall report any incident in which they believe they have been victim of sexual harassment1 or discrimination to the Title IX Coordinator no later than ten (10) business days after the alleged incident. 2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the outcome ?ndings of the investigation no later than sixty (60) days after receiving the initial complaint. 3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the school community while any investigation of the complaint is in progress. 4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses. and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual harassment occurred as alleged. 6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 1 In cases of sexual harassment that may also constitute criminal behavior sexual assault, stalking, etc.), the victim may, in addition, ?le a complaint with local law enforcement authorities. Northern NM College Title IX Policy Procedures 5 7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. 9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator, the parties shall have the right to appeal the decision in writing, to the President, or designee, no later than ten (15) business days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 10. The President, or designee, shall conduct any additional investigations that may be deemed necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 11. The President, or designee, will provide the parties with written noti?cation of the outcome of the review appeal no later than ten (10) days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is mutually requested and agreed upon to by both parties in writing by the parties. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that a student engaged in sexual harassment, the student will be subject to the Disciplinary Actions and Sanctions as provided in the most current version of the NNMC Student Handbook. Sanctions may include, and are not limited to: probation; withholding of grades, transcripts, or degrees; restitution; suspension; and expulsion. The sanction imposed is determined by the severity of the infraction. The college is committed to thoroughly, reliably, and impartially investigating complaints of alleged sexual harassment and taking action deemed appropriate to stop the harassment, prevent further harassment, and remedy the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially, with con?dentiality and respect for the rights of all individuals involved. Information related to the investigation will be released only on a need-to-know basis or to any external investigative agency who is investigating a complaint under their jurisdiction. The President, or designee, will be the ?nal authority on releasing any information or documents as they pertain to a speci?c case. All investigative ?les will be maintained and controlled by the Title IX Coordinator. 7. Review Period The Title IX policy and procedures will be reviewed on a biennial basis to insure that the College is acting to prevent sex discrimination and harassment, to stop it when it occurs, and remedy it when it is found to have occurred. Northern NM College Title IX Policy Procedures 8. Related Links Policies A PDF copy of the April 4, 2011 ?Dear Colleague? letter outlining Title IX requirements and schools? responsibilities can be found here: colleague sexual violence. The Of?ce of Civil Rights home page: ed. go v/abo ut/o/?ces/Iist/ocr/index. him] The US. Department of Labor Title IX statement: http://wnmn do]. gov/oasam/re gs/slatules/tille ix. 22/12 Northem New Mexico College Mail - Audiovisual and projection equipment for AD 101-102, April 11-12. Audiovisual and projection equipment for AD 101-102, April 11-12, 2012 Thu, Mar 22. 2012 at 3:09 PM (who) To, Cc We ill be providing nandatory training required by the Office of Civil Rights for 2 days on April 11-12 in AD 101-102 for the below times. rrax of 55 seats each class (to train all staff and faculty). Wed April 11 8:30 - 10:00 April 11 10:30 - 12:00 Apri 11 1:00 - 2:30 Apri 11 3:00 - 4:30 Thurs Apri 12 8:30 - 10:00 Apri 12 10:30 -12:00 The trainer is com'ng from out the training roomw ith the follow ing equipment: 1. Equipment to utiize his flashdrive of wa erPoint slides (he can provide us an advance copy if it ould help for setup) 2. Screen to project onto if it's not available in the room 3. Request a nicrophone Let me know if you need any additional information from me. Director of l-hrmn Resources Northern New Nbxico Colege 921 Paseo de O?ate Bpanola NM 87532 Ofc: (505) 747-2160 FAX: (505) 747-5483 4% ?9 1/ 22/12 Norfhem New Mexico College Mail - Mandatory Title IX Training for Student Sexual HarassmenWiolence) Mandatory Title IX Training for Student Sexual Harassment/Violence) I mu.w22.2o12at2:39m To: BROADCAST (who) I Your school. your future NEW MEXICO COLLEGE MANDATORY mE IX TRAMG (SW SEXUAL MD SEXUAL For al Adm'nistrators. Facuty. Coaches and Staff Aprl 11 8 12. 2012 To fulfl the of the Office of Clvi Rights Resolution Agreermnt betw een OCR and mac. Kern #7 (Schedule Title IX training for adninistrators. professors. hstructors. coaches and other staff ?nteract'ng ith students on a regular basis) and #18 (develop annual Title IX training for faculty staff). we are preparing to set up the 'nitial tra'ning on Apr'l11 -12. .IInLong frornthe Office of Civi Rights. has agreed to conduct the tra?n'ng. Al adn?nistrators. faculty. coaches and staff who 'nteract 'th students on a regular basis. Those who are not requked to attend are custodial. rm'ntenance and cafeteria en'ployees. 91 training. Tra'n'ng as defined under Title lX regarding sex discrirmation and harassment. Ms responsibities under Title IX. and Ms grievance procedure. Staff I receive guidance regard'ng proper report'ng and the irrperm'ssbity of retaiation. To ensure that everyone receives this train'ng. each depamrent needs to assign the'r faculty/staff to a time slot. Deadiie is Monday. Apri 8. corre, first served. To reserve your seat. ermi Toni Atencio at toni_a_atencio@nnm c.edu wih a primry and alternate date/time slot you desire. I the primry date is not avaiable she should be able to use the alernate date. She wil reply by and to conf?rmthe datelt'n'e slot. AD101-102 Wed Apri 11 8:30 ?10:00 Apr! 11 10:30 12:00 Aprl11 1:00? 2:30 Aprl11 3:00-4:30 Thurs Aprl 12 8:30 - 10:00 Apri 12 1030?1200 A roster isthg the personnel in your to determine attendance has been sent out through internal distrbution. bW ources Northern New mxico 921 Paseo de Of'late Espanola WS7532 Ofc: "505 7-2100 FAX: I505) Lil-5483 . . Page 441 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 442 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 443 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 444 of 739 Withheld pursuant to exemption (WW3) Of the Freedom Of Information and Privacy Page 445 of 739 Withheld pursuant to exemption (WW3) Of the Freedom Of Information and Privacy Page 446 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 447 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 448 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS THE ASSISTANT SECRETARY April 4, 2011 Dear Colleague: Education has long been recognized as the great equalizer in America. The US. Department of Education and its Office for Civil Rights (OCR) believe that providing all students with an educational environment free from discrimination is extremely important. The sexual harassment of students, including sexual violence, interferes with students? right to receive an education free from discrimination and, in the case of sexual violence, is a crime. Title lX of the Education Amendments of 1972 (Title iX), 20 U.S.C. 1681 et seq., and its implementing regulations, 34 CPR. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal ?nancial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title iX. In order to assist recipients, which include school districts, colleges, and universities (hereinafter "schools" or ?recipients?) in meeting these obligations, this letter1 explains that the requirements of Title lX pertaining to sexual harassment also cover sexual violence, and lays out the speci?c Title lX requirements applicable to sexual violence.2 Sexual violence, as that term is used in this letter, refers to physical sexual acts perpetrated against a person?s will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, 1 The Department has determined that this Dear Colleague Letter is a "significant guidance document? under the Of?ce of Management and Budget's Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007), available at: OCR issues this and other policy guidance to provide recipients with information to assist them in meeting their obligations, and to provide members of the public with information about their rights, under the civil rights laws and implementing regulations that we enforce. OCR's legal authOrity is based on those laws and regulations. This letter does not add requirements to applicable law, but provides information and examples to inform recipients about how OCR evaluates whether covered entities are complying with their legal obligations. If you are interested in commenting on this guidance, please send an e-mail with your comments to OCR@ed.gov, or write to us at the following address: Of?ce for Civil Rights, US. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202. 2 Use of the term ?sexual harassment" throughout this document includes sexual violence unless otherwise noted. Sexual harassment also may violate Title of the Civil Rights Act of 1964 (42 U.S.C. 2000c), which prohibits public school districts and colleges from discriminating against students on the basis of sex, among other bases. The U.S. Department of Justice enforces Title IV. 400 MARYLAND S.W., WASHINGTON, DC 20202-1100 The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. . Page 3 - Dear Colleague Letter: Sexual Violence harassment and violence also are concerns for school districts. The Title IX obligations discussed in this letter apply equally to school districts unless otherwise noted. Title IX Reguirements Related to Sexual Harassment and Sexual Violence Schools' Obligations to Respond to Sexual Harassment and Sexual Violence Sexual harassment is unwelcome conduct of a sexual nature. it includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment prohibited by Title ix.9 As explained in 2001 Guidance, when a student sexually harasses another student, the harassing conduct creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits a student?s ability to participate in or bene?t from the school?s program. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical. indeed, a single or isolated incident of sexual harassment may create a hostile environment if the incident is suf?ciently severe. For instance, a single instance of rape is sufficiently severe to create a hostile environment.10 Title IX protects students from sexual harassment in a school?s education programs and activities. This means that Title lX protects students in connection with all the academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school?s facilities, on a school bus, at a class or training program 9 Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. The Title iX obligations discussed in this letter also apply to gender-based harassment. Gender- based harassment is discussed in more detail in the 2001 Guidance, and in the 2010 Dear Colleague letter on Harassment and Bullying, which is available at 201010.pdf. See, Jennings v. Univ. of NC, 444 F.3d 255, 268, 274 n.12 (4th Cir. 2006) (acknowledging that while not an issue in this case, a single incident of sexual assault or rape could be sufficient to raise a jury question about whether a hostile environment exists, and noting that courts look to Title VII cases for guidance in analyzing Title IX sexual harassment claims); Vance v. Spencer Cnty. Pub. Sch. Dist, 231 F.3d 253, 259 n.4 (6th Cir. 2000) the context of Title IX, a student's claim of hostile environment can arise from a single incident?" (quoting Doe v. Sch. Admin. Dist. No. 19, 66 F. Supp. 2d 57, 62 (0. Me. 1999)?: Soper v. Hoben, 195 F.3d 845, 855 (6th Cir. 1999) (explaining that rape and sexual abuse ?obviously qualifIy] pervasive, and objectively offensive sexual harassment?); see also Berry v. Chi. Transit Auth., 618 F.3d 688, 692 (7th Cir. 2010) (in the Title Vii context, ?a single act can create a hostile environment if it is severe enough, and instances of uninvited physical contact with intimate parts of the body are among the most severe types of sexual harassment?); Turner v. Saloon, Ltd., 595 .3d 679, 686 (7th Cir. 2010) (noting that "'[olne instance of conduct that is sufficiently severe may be enough,? which is ?especially true when the touching is of an intimate body part? (quoting Jackson v. Cnty. of Racine, 474 F.3d 493, 499 (7th Cir. 2007)?; McKinn/s v. Crescent Guardian, Inc., 189 F. App'x 307, 310 (5th Cir. 2006) (holding that "?the deliberate and unwanted touching of [a plaintiff?s] intimate body parts can constitute severe sexual harassment? in Title Vii cases (quoting Harvill v. Westward Commc?ns, L.L.C., 433 F.3d 428, 436 (5th Cir. 2005?). Page 5 - Dear Colleague Letter: Sexual Violence investigation will vary depending upon the nature of the allegations, the age of the student or students involved (particularly in elementary and secondary schools), the size and administrative structure of the school, and other factors. Yet as discussed in more detail below, the school?s inquiry must in all cases be prompt, thorough, and impartial. In cases involving potential criminal conduct, school personnel must determine, consistent with State and local law, whether appropriate law enforcement or other authorities should be notified.13 Schools also should inform and obtain consent from the complainant (or the complainant?s parents ifthe complainant is under 18 and does not attend a postsecondary institution) before beginning an investigation. If the complainant requests con?dentiality or asks that the complaint not be pursued, the school should take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name or other identi?able information not be disclosed to the alleged perpetrator, the school should inform the complainant that its ability to respond may be limited." The school also should tell the complainant that Title IX prohibits retaliation, and that school officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs. As discussed in the 2001 Guidance, if the complainant continues to ask that his or her name or other identi?able information not be revealed, the school should evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. Thus, the school may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the complainant?s age; whether there have been other harassment complaints about the same individual; and the alleged harasser?s rights to receive information about the allegations if the information is maintained by the school as an "education record? under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; 34 C.F.R. Part 99.15 The school should inform the complainant if it cannot ensure con?dentiality. Even if the school cannot take disciplinary action against the alleged harasser because the complainant insists on confidentiality, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence. Examples of such steps are discussed later in this letter. Compliance with Title IX, such as publishing a notice of nondiscrimination, designating an employee to coordinate Title IX compliance, and adopting and publishing grievance procedures, can serve as preventive measures against harassment. Combined with education and training programs, these measures can help ensure that all students and employees recognize the ?3 In states with mandatory reporting laws, schools may be required to report certain incidents to local law enforcement or child protection agencies. Schools should refer to the 2001 Guidance for additional information on con?dentiality and the alleged perpetraton?s due process rights. ?5 For example, the alleged harasser may have a right under FERPA to inspect and review portions of the complaint that directly relate to him or her. In that case, the school must redact the complainant's name and other identifying information before allowing the alleged harasser to inspect and review the sections of the complaint that relate to him or her. In some cases, such as those where the school is required to report the incident to local law enforcement or other officials, the school may not be able to maintain the complainant's con?dentiality. Page 7 Dear Colleague Letter: Sexual Violence locations throughout the school or campus and published in electronic and printed publications of general distribution that provide information to students and employees about the school?s services and policies. The notice should be available and easily accessible on an ongoing basis. Title IX does not require a recipient to adopt a policy specifically prohibiting sexual harassment or sexual violence. As noted In the 2001 Guidance, however, a recipient?s general policy prohibiting sex discrimination will not be considered effective and would violate Title IX if, because of the lack of a specific policy, students are unaware of what kind of conduct constitutes sexual harassment, including sexual violence, or that such conduct is prohibited sex discrimination. OCR therefore recommends that a recipient?s nondiscrimination policy state that prohibited sex discrimination covers sexual harassment, including sexual violence, and that the policy include examples of the types of conduct that it covers. (B) Title IX Coordinator The Title IX regulations require a recipient to notify all students and employees of the name or title and contact information of the person designated to coordinate the recipient?s compliance with Title IX.20 The coordinator?s responsibilities include overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. The Title IX coordinator or designee should be available to meet with students as needed. If a recipient designates more than one Title IX coordinator, the notice should describe each coordinator?s responsibilities who will handle complaints by students, faculty, and other employees). The recipient should designate one coordinator as having ultimate oversight responsibility, and the other coordinators should have titles clearly showing that they are in a deputy or supporting role to the senior coordinator. The Title IX coordinators should not have other job responsibilities that may create a con?ict of interest. For example, serving as the Title IX coordinator and a disciplinary hearing board member or general counsel may create a conflict of interest. Recipients must ensure that employees designated to serve as Title IX coordinators have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the recipient?s grievance procedures Operate. Because sexual violence complaints often are ?led with the school?s law enforcement unit, all school law enforcement unit employees should receive training on the school?s Title IX grievance procedures and any other procedures used for investigating reports of sexual violence. In addition, these employees should receive copies of the school?s Title IX policies. Schools should instruct law enforcement unit employees both to notify complainants of their right to ?le a Title IX sex discrimination complaint with the school in addition to filing a criminal complaint, and to report incidents of sexual violence to the Title IX coordinator if the complainant consents. The school?s Title IX coordinator or designee should be available to provide assistance to school law enforcement unit employees regarding how to respond apprOpriately to reports of sexual violence. The Title IX coordinator also should be given access to school law enforcement unit investigation notes 1? Id. Page 9 Dear Colleague Letter: Sexual Violence Prompt and Equitable Requirements As stated in the 2001 Guidance, OCR has identified a number of elements in evaluating whether a school?s grievance procedures provide for prompt and equitable resolution of sexual harassment complaints. These elements also apply to sexual violence complaints because, as explained above, sexual violence is a form of sexual harassment. OCR will review all aspects of a school?s grievance procedures, including the following elements that are critical to achieve compliance with Title ix: 0 Notice to students, parents of elementary and secondary students, and employees of the grievance procedures, including where complaints may be filed; 0 Application of the procedures to complaints alleging harassment carried out by employees, other students, or third parties; 0 Adequate, reliable, and impartial investigation of complaints, including the opportunity for both parties to present witnesses and other evidence; 0 Designated and reasonably prompt time frames for the major stages of the complaint process; 0 Notice to parties of the outcome of the complaint?? and 0 An assurance that the school will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. As noted in the 2001 Guidance, procedures adopted by schools will vary in detail, speci?city, and components, re?ecting differences in the age of students, school sizes and administrative structures, State or local legal requirements, and past experiences. Although OCR examines whether all applicable elements are addressed when investigating sexual harassment complaints, this letter focuses on those elements where our work indicates that more clari?cation and explanation are needed, including: (A) Notice of the grievance procedures The procedures for resolving complaints of sex discrimination, including sexual harassment, should be written in language appropriate to the age of the school?s students, easily understood, easily located, and widely distributed. OCR recommends that the grievance procedures be prominently posted on school Web sites; sent electronically to all members of the school community; available at various locations throughout the school or campus; and summarized in or attached to major publications issued by the school, such as handbooks, codes of conduct, and catalogs for students, parents of elementary and secondary students, faculty, and staff. (8) Adequate, Reliable, and Impartial Investigation of Complaints work indicates that a number of issues related to an adequate, reliable, and impartial investigation arise in sexual harassment and violence complaints. In some cases, the conduct 2? "Outcome" does not refer to information about disciplinary sanctions unless otherwise noted. Notice of the outcome is discussed in greater detail in Section 0 below. Page 11 - Dear Colleague Letter: Sexual Violence Title VII prohibits discrimination on the basis of sex.?5 OCR also uses a preponderance of the evidence standard when it resolves complaints against recipients. For instance, Case Processing Manual requires that a noncompliance determination be supported by the preponderance of the evidence when resolving allegations of discrimination under all the statutes enforced by OCR, including Title lX.27 OCR also uses a preponderance of the evidence standard in its fund termination administraf? heari?gg}; Thus, in order for a school?s grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard it is more likely than not that sexual harassment or violence occurred). The ?clear and convincing? standard it is highly probable or reasonably certain that the sexual harassment or violence occurred), currently used by some schools, is a higher standard of proof. Grievance procedures that use this higher standard are inconsistent with the standard of proof established for violations of the civil rights laws, and are thus not equitable under Title IX. Therefore, preponderance of the evidence is the appropriate standard for investigating allegations of sexual harassment or violence. Throughout a school?s Title IX investigation, including at any hearing, the parties must have an equal opportunity to present relevant witnesses and other evidence. The complainant and the alleged perpetrator must be afforded similar and timely access to any information that will be used at the hearing.29 For example, a school should not conduct a pre-hearing meeting during which only the alleged perpetrator is present and given an opportunity to present his or her side of the story, unless a similar meeting takes place with the complainant; a hearing of?cer or disciplinary board should not allow only the alleged perpetrator to present character witnesses at a hearing; and a school should not allow the alleged perpetrator to review the complainant?s 2? See, Desert Palace, Inc. v. Costa, 539 U.S. 90, 99 (2003) (noting that under the "conventional rule of civil litigation," the preponderance of the evidence standard generally applies in cases under Title Price Waterhouse v. Hopkins, 490 US. 228, 252-55 (1989) (approving preponderance standard in Title VII sex discrimination case) (plurality opinion); id. at 260 (White, 1., concurring in the judgment); id. at 261 (O?Connor, J., concurring in the judgment). The 2001 Guidance noted (on page vi) that ?[wlhile Gebser and Davis made clear that Title VII agency principles do not apply in determining liability for money damages under Title IX, the Davis Court also indicated, through its specific references to Title VII caselaw, that Title VII remains relevant in determining what constitutes hostile environment sexual harassment under Title See also Jennings v. Univ. of NC, 482 F.3d 686, 695 (4th Cir. 2007) ("We look to case law interpreting Title VII of the Civil Rights Act of 1964 for guidance in evaluating a claim brought under Title 2? OCR's Case Processing Manual is available on the Department?s Web site, at 2? The Title IX regulations adopt the procedural provisions applicable to Title VI of the Civil Rights Act of 1964. See 34 C.F.R. 106.71 (?The procedural provisions applicable to Title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference"). The Title VI regulations apply the Administrative Procedure Act to administrative hearings required prior to termination of Federal financial assistance and require that termination decisions be ?supported by and in accordance with the reliable, probative and substantial evidence." 5 U.S.C. 556(d). The Supreme Court has Interpreted "reliable, probative and substantial evidence? as a direction to use the preponderance standard. See Steadman v. SEC, 450 US. 91, 98-102 (1981). 29 Access to this information must be provided consistent with FERPA. For example, if a school introduces an alleged perpetrator?s prior disciplinary records to support a tougher disciplinary penalty, the complainant would not be allowed access to those records. Additionally, access should not be given to privileged or con?dential information. For example, the alleged perpetrator should not be given access to communications between the complainant and a counselor or information regarding the complainant?s sexual history. Page 13 - Dear Colleague Letter: Sexual Violence occurred in a classroom during school hours with a single complainant. (D) Notice of Outcome Both parties must be notified, in writing, about the outcome of both the complaint and any appeal,31 whether harassment was found to have occurred. OCR recommends that schools provide the written determination of the ?nal outcome to the complainant and the alleged perpetrator concurrently. Title lX does not require the school to notify the alleged perpetrator of the outcome before it notifies the complainant. Due to the intersection of Title IX and FERPA requirements, OCR recognizes that there may be confusion regarding what information a school may disclose to the complainant.32 FERPA generally prohibits the nonconsensual disclosure of personally identi?able information from a student?s "education record.? However, as stated in the 2001 Guidance, FERPA permits a school to disclose to the harassed student information about the sanction imposed upon a student who was found to have engaged in harassment when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.33 Disclosure of other information in the student?s "education record," including information about sanctions that do not relate to the harassed student, may result in a violation of FERPA. Further, when the conduct involves a crime of violence or a non-forcible sex offense,? FERPA permits a postsecondary institution to disclose to the alleged victim the ?nal results of a 3? As noted previously, "outcome" does not refer to information about disciplinary sanctions unless otherwise noted. 32 In 1994, Congress amended the General Education Provisions Act (GEPA), of which FERPA is a part, to state that nothing in GEPA ?shall be construed to affect the applicability of title VI of the Civil Rights Act of 1964, title ix of Education Amendments of 1972, title of the Rehabilitation Act of 1973, the Age Discrimination Act, or other statutes prohibiting discrimination, to any applicable program.? 20 U.S.C. 1221(d). The Department interprets this provision to mean that FERPA continues to apply in the context of Title IX enforcement, but if there is a direct conflict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere with the primary purpose of Title Ix to eliminate sex-based discrimination in schools, the requirements of Title Ix override any con?icting FERPA provisions. See 2001 Guidance at vii. ?3 This information directly relates to the complainant and is particularly important in sexual harassment cases because it affects whether a hostile environment has been eliminated. Because seeing the perpetrator may be traumatic, a complainant in a sexual harassment case may continue to be subject to a hostile environment if he or she does not know when the perpetrator will return to school or whether he or she will continue to share classes or a residence hall with the perpetrator. This infermation also directly affects a camplainant's decision regarding how to work with the school to eliminate the hostile environment and prevent its recurrence. For instance, if a complainant knows that the perpetrator will not be at school or will be transferred to other classes or another residence hall for the rest of the year, the complainant may be less likely to want to transfer to another school or change classes, but if the perpetrator will be returning to school after a few days or weeks, or remaining in the complainant?s classes or residence hall, the complainant may want to transfer schools or change classes to avoid contact. Thus, the complainant cannot make an informed decision about how best to respond without this information. Under the FERPA regulations, crimes of violence include arson; assault offenses (aggravated assault, simple assault, intimidation); burglary; criminal homicide (manslaughter by negligence); criminal homicide (murder and Page 15 - Dear Colleague Letter: Sexual Violence discussion of what constitutes sexual harassment and sexual violence, the school?s policies and disciplinary procedures, and the consequences of violating these policies. The education programs also should include information aimed at encouraging students to report incidents of sexual violence to the appropriate school and law enforcement authorities. Schools should be aware that victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of school or campus rules were involved.40 As a result, schools should consider whether their disciplinary policies have a chilling effect on victims? or other students? reporting of sexual violence offenses. For example, OCR recommends that schools inform students that the schools? primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that use of alcohol or drugs never makes the victim at fault for sexual violence. OCR also recommends that schools develop specific sexual violence materials that include the schools' policies, rules, and resources for students, faculty, coaches, and administrators. Schools also should include such information in their employee handbook and any handbooks that student athletes and members of student activity groups receive. These materials should include where and to whom students should go if they are victims of sexual violence. These materials also should tell students and school employees what to do if they learn of an incident of sexual violence. Schools also should assess student activities regularly to ensure that the practices and behavior of students do not violate the schools? policies against sexual harassment and sexual violence. Remedies and Enforcement As discussed above, if a school determines that sexual harassment that creates a hostile environment has occurred, it must take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects. In addition to counseling or taking disciplinary action against the harasser, effective corrective action may require remedies for the complainant, as well as changes to the school?s overall services or policies. Examples of these actions are discussed in greater detail below. Title IX requires a school to take steps to protect the complainant as necessary, including taking interim steps before the final outcome of the investigation. The school should undertake these steps once it has notice of a sexual harassment or violence allegation. The school should notify the complainant of his or her options to avoid contact with the alleged perpetrator and allow students to change academic or living situations as appropriate. For instance, the school may prohibit the alleged perpetrator from having any contact with the complainant pending the results of the school?s investigation. When taking steps to separate the complainant and alleged perpetrator, a school should minimize the burden on the The Department?s Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention (HEC) helps campuses and communities address problems of alcohol, other drugs, and violence by identifying effective strategies and programs based upon the best prevention science. Information on HEC resources and technical assistance can be found at Page 17 Dear Colleague Letter: Sexual Violence 0 arranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant?s academic record; and reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined."3 Remedies for the broader student population might include, but are not limited to: Counseling and Training 0 offering counseling, health, mental health, or other holistic and comprehensive victim services to all students affected by sexual harassment or sexual violence, and notifying students of campus and community counseling, health, mental health, and other student services; 0 designating an individual from the school?s counseling center to be "on call? to assist victims of sexual harassment or violence whenever needed; 0 training the Title IX coordinator and any other employees who are involved in processing, investigating, or resolving complaints of sexual harassment or sexual violence, including providing training on: the school?s Title IX responsibilities to address allegations of sexual harassment or violence 0 how to conduct Title IX investigations 0 information on the link between alcohol and drug abuse and sexual harassment or violence and best practices to address that link; 0 training all school law enforcement unit personnel on the school?s Title IX responsibilities and handling of sexual harassment or violence complaints; 0 training all employees who interact with students regularly on recognizing and appropriately addressing allegations of sexual harassment or violence under Title and informing students of their options to notify proper law enforcement authorities, including school and local police, and the option to be assisted by school employees in notifying those authorities. Development of Materials and implementation of Policies and Procedures 0 developing materials on sexual harassment and violence, which should be distributed to students during orientation and upon receipt of complaints, as well as widely posted throughout school buildings and residence halls, and which should include: 0 what constitutes sexual harassment or violence what to do if a student has been the victim of sexual harassment or violence contact information for counseling and victim services on and off school grounds how to ?le a complaint with the school how to contact the school?s Title IX coordinator 0000 ?3 For example, if the complainant was disciplined for skipping a class In which the harasser was enrolled, the school should review the incident to determine if the complainant skipped the class to avoid contact with the harasser. Page 19 - Dear Colleague Letter: Sexual Violence 0 submitting to OCR copies of all grievances ?led by students alleging sexual harassment or violence, and providing OCR with documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any final disposition letters, disciplinary records, and documentation regarding any appeals. Conclusion The Department is committed to ensuring that all students feel safe and have the opportunity to benefit fully from their schools? education programs and activities. As part of this commitment, OCR provides technical assistance to assist recipients in achieving voluntary compliance with Title IX. If you need additional information about Title IX, have questions regarding policies, or seek technical assistance, please contact the OCR enforcement of?ce that serves your state or territory. The list of offices is available at Additional information about addressing sexual violence, including victim resources and information for schools, is available from the U.S. Department ofJustice?s Office on Violence Against Women (OVW) at Thank you for your prompt attention to this matter. I look forward to continuing our work together to ensure that all students have an equal opportunity to learn in a safe and respectful school climate. Sincerely, Ali Assistant Secretary for Civil Rights ?6 OVW also administers the Grants to Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program. This Federal funding is designed to encourage Institutions of higher education to adopt comprehensive, coordinated responses to domestic Violence, dating violence, sexual assault, and stalking. Under this competitive grant program, campuses, in partnership with community-based nonprofit victim advocacy organizations and local criminal justice or civil legal agencies, must adopt protocols and policies to treat these crimes as serious offenses and develop victim service programs and campus policies that ensure victim safety, offender accountability, and the preventlon of such crimes. OVW recently released the first solicitation for the Services, Training, Education, and Policies to Reduce Domestic Violence, Dating Violence, Sexual Assault and Stalking in Secondary Schools Grant Program. This innovative grant program will support a broad range of activities, including training for school administrators, faculty, and staff; development of policies and procedures for responding to these crimes; holistic and appropriate victim services; development of effective prevention strategies; and collaborations with mentoring organizations to support middle and high school student victims. All students are strongly encour- aged to report inci- - dents or suspected incidents of sexual harassment to either the Title IX Coordina- tor or the Dean of Student Senices. The Director of Human Resources serves as .\'orthern's Title Coordina? tor and is the designated entity on cam- pus for assuring compliance with all Col~ . Iege policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Oilice is located in the Joseph M. Montoya Administra- tion Building at 921 Paseo de O?ate in Espa?ola, New Mexico. The Title IX Coordinator can be reached at 505.747.2160 during regular business hours (8:00 a.m. 5:00 Monday through Friday) and via email to nnmc.edu. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northem New Mexico College. The TITLE IX PROHIBITS SEXUAL HARASSMENT AND SEXUAL VIOLENCE WHERE YOU GO TO SCHOOL following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are de- signed to provide for the prompt: and equitable resolution of complaints alleging sex discrimina- tion. Complaint Procedures If any student believes that he or she has been sexually harassed, that student should report the alleged incident to the Title IX Coordinator. The Title IX Coordinator will conduct a thorough in- vestigation and provide the student with a written noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter im- mediately to the Title IX Coordinator. The student shall report any incident in which they be- lieve they have been victim of sexual harassment or discrimination to the Title IX Coordinator no later than ten (10) business days after the alleged incident. The Title IX Coordinator shall conduct a thorough, reliable, and impartial inves- tigation ol? the complaint and will provide all parties with mitten notilica- tion of the outcome ?ndings of the investiga- tion no later than sixty (60) days after receiv- ing the initial complaint. The Title Coordinator may direct interim measures to ensure the safety and well-being of the complainant and the school community while any investigation of the complaint is in progress. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will pennit the parties equal opportunity to submit state- ments, witnesses, or evidence to be consid- ered in the investigation process. The Title IX Coordinator will apply the con- ventional rule of civil litigation, the prepon- derance of the evidence standard, in deter- mining whether sexual harasment occurred as alleged. Any real or perceived con?ict of interest be- tween the Title Coordinator and either of the parties should be disclosed and resolved by the President or designee. reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. ?#66 9 SEXUAL HARASSMENT and SEXUAL VIOLENCE Northern New Mexico College Title IX Student Orientation May 30, 2012 STUDENT ORIENTATION OBJECTI To provide basic information on sexual harassment/sexual violence for students To explain law dealing with sexual harassment To provide strategies to prevent harassment and for dealing with it when it occurs KNOW YOUR RIGHTS Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School. POSSIBLE EFFECTS OF SEXUAL HARASSMENT - Jeopardize students? academic achievement - Undermine their physical and emotional well-being CONDUCT OF A SEXUAL NATURE Determining whether conduct is of a sexual nature is very fact speci?c, but examples may include: Unwelcome sexual advances Requests for sexual favors Comments about an individual?s body, sexual activity or sexual attractiveness Sexually suggestive touching, leering, gestures, sounds, comments, or displays of sexually suggestive objects CONDUCT OF A SEXUAL NATURE, eont?d. Conduct that is also criminal in nature such as: Rape Sexual assault Sexually motivated stalking HARASSMENT BY PERSON OF SAME SEX Sexual harassment is prohibited regardless of the sex of the harasser or the victim, sexual harassment may occur if the harasser and the victim are the same sex. For Title IX to apply, the discrimination must be based on sex, even where the harasser and victim are the same sex. SEXUAL HARASSNIEN Title IX does not prohibit discrimination on the basis of sexual orientation. 0 Gay and lesbian students are protected from sexual harassment harassment based on sex) the same as other students. UNWELCOME SEXUAL CONDUCT In order to constitute sexual harassment, the conduct must be unwelcome. FIRST AMENDNIEN CONSIDERATIONS Title IX is intended to protect students from discrimination, not to regulate the content of speech. 0 Regulations consistent with the requirements of the First Amendment and all actions taken must comport with the First Amendment. EMPLOYEE HARASSMENT A university is responsible for sexually harassing conduct by an employee when: The employee engages in the conduct in the context of carrying out responsibilities for providing bene?ts and services; and The harassment denies or limits the student?s ability to participate in or bene?t from the program. EMPLOYEE HARASSMENT, cont?d. 0 An employee (acting in the context of his/her responsibilities): conditions the provision of an aid, bene?t, or service that an employee is responsible for providing on a student?s submission to sexual conduct, or bases an educational decision on the student?s submission to unwelcome conduct of a sexual nature. EMPLOYEE HARASSMENT, cont?d.? HOSTILE ENVIRONMENT Unwelcome conduct based on sex and of a sexual nature by an employee (acting in the context of his/her responsibilities), that is suf?ciently serious to deny or limit a student?s ability to participate in or benefit from the college or university?s program. EMPLOYEE HARASSMENT, cont?d. In cases of harassment by employees in the context of their responsibilities to provide aid, bene?ts, or services to students, a school is responsible for remedying the effects of the harassment on the victim, ending the harassment, and preventing its recurrence. HOSTILE ENVIRONMENT CREATED BY PEER OR THIRD PARTY A hostile environment might also be created by another student, an outside or third party, or an employee acting outside the context of his/her responsibilities for providing aid, bene?ts, or services to students. In these cases, a school has a duty, upon notice of harassment, to take prompt and effective action to stop the harassment and prevent its recurrence. DENIES OR LIMITS - To determine whether the conduct denies or limits bene?ts or services, consider: The conduct from both a subjective and objective perspective Whether conduct is sufficiently serious All relevant circumstances DENIES OR LIMITS, cont?d. How and to what extent the conduct affected the student?s education Type, frequency and duration of the conduct DENIES OR LIMITS, cont?d. Other incidents of harassment Number of students involved as harassers, as Victims Relationship/roles of the parties Location of incidents RESPONSE Once a school has notice of possible sexual harassment, it should take immediate and appropriate steps to investigate or otherwise determine what occurred; and I take prompt and effective steps reasonable calculated to end any harassment. What constitutes a reasonable response to information about possible sexual harassment will differ depending on the circumstances. RESPONSIBILITIES If the school determines sexual harassment has occurred, it should take reasonable, timely, age-appropriate, and effective corrective action, including steps tailored to the specific situation. POSSIBLE REMEDIES Possible remedial measures might include: Counseling or disciplining the harasser Personal and/or academic remedies for the victim Development of new policies or procedures POSSIBLE TOOLS FOR PREVENTION Periodic, in-depth training for students, fa culty and staff Information on the nature of sexual harassment as distinguished from protected speech The damage that results from harassment Where students can ?nd help Ways to oppose harassment and what to do about it SUMMARY How to recognize sexual harassment Legal requirements Strategies to prevent harassment and deal with it when it occurs RESOURCES Resources for Addressing Sexual Harassment 1 Guidance on grievance procedures POSSIBLE TOOLS FOR PREVENTION, cont?d. Require employees to report harassment Encourage students to notify college or university of harassment - Periodic assessment of college or university climate, with follow up as appropriate RESOURCES, cont?d. Karen Dvorak Title IX Coordinator NNMC Human Resources Of?ce 921 Paseo de Onate Espanola NM 87532 karend@nnmc.edu (bxs); (mam) (Complainant) Date: Wm thpv?d like to discuss- (C) Emphasize commitment to having a college environment free from all harassment, inform the students of our commitment to end sexual harassment/assault; and inform them of the steps we are taking to that end. Offer written statement acknowledging 1. that her complaint was not handled as as it should have been and that she was not given prompt notice of the outcome. 2. That the College is committed to remedy those procedural shortcomings. We will notify you if the 2 males accused of the harassment attempt to re-enroll and assure you that the 2 males will not be permitted to register for courses in which you and the other 2 female students are registered. We are also offering you up to 4 counseling sessions with our College counselor to address the experiences raised in your complaint. We are refunding to you the tuition and fees you paid to the College (or that was paid on your behalf) for the semester in which you were enrolled with the alleged harassers. We will notify you within 14 days of the adoption of our College sexual harassment policy and Title IX grievance procedures and provide you with a copy of it. Page 487 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Conce Victim) I Date: tn (bxs); (bxe); Emphasize commitment to having a college environment free from all harassment, inform the students of our commitment to end sexual harassment/assault; and inform them of the steps we are taking to that end. We will notify you if the 2 males accused of the harassment attempt to re-enroll and assure you that the 2 males will not be permitted to register for courses in which you and the other 2 female students are registered. We are refunding to you the tuition and fees associated with the chemistry class identified in this complaint. We will notify you within 14 days of the adoption of our College sexual harassment policy and Title IX grievance procedures and provide you with a copy of it. (bxs); (Victim) 2-22-12 Cc Emphasize commitment to having a college environment free from all harassment, inform the students of our commitment to end sexual harassment/assault; and inform them of the steps we are taking to that end. We will notify you if the 2 males accused of the harassment attempt to re-enroll and assure you that the 2 males will not be permitted to register for courses in which you and the other 2 female students are registered. We are refunding to you the tuition and fees associated with the chemistry class identi?ed in this complaint. We will notify you within 14 days of the adoption of our College sexual harassment policy and Title IX grievance procedures and provide you with a copy of it. #qu Page 3 Nonhem New Mexico College - OCR Docket #08-11-2125 5. By May 15, 2012, the College will revise the job description and corresponding training requirements for its Title IX Coordinator and, as appropriate, any deputy coordinators, to address the proper handling of Title IX complaints as outlined in the College?s Title lX policies and procedures. 0 Training for Title IX Coordinator and College Personnel 6. By May 15, 2012, the College will schedule Title IX training for its Title IX Coordinator and any other college coordinators, of?cials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination (including sexual harassment, sexual assault, or sexual violence) and retaliation or who will otherwise coordinate the College's compliance with Title IX. This training will a I i cover the College?s new grievance procedures for Title IX complaints and will provide 1 I attendees with instruction on recognizing and appropriately addressing allegations and -. . 1 complaints pursuant to Title IX, as well as how the College?s responsibilities under Title and the Clery Act, 20 U.S.C. 1092(0, differ. By May 15, 2012, the College will schedule Title IX training for all administrators, 3x professors, instructors, coaches, and other sta?c who interact with students on a regular basis regarding sex discrimination and harassment, the College's responsibilities under Title and the College?s new grievance procedure. As part of this training, staff will receive written guidance regarding proper reporting and the imperrnissibility of retaliation. By June 30, 2012, the College will deveIOp an annual Title IX training program to ensure . that staff and faculty receive adequate training, which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and faculty are aware of any changes to the law, College policy, and College practices in this area. 0 Individual Remedies 9. 10. By June 4, 2012, the College will offer an informational session to students during orientation (as part of the annual student orientation for new and returning students) to inform them about the College?s prohibition againstsex discrimination?iow and to whom to report any incidents of sex discrimination (including sexual harassment, sexual assault, and sexual violence), and the Title IX grievance procedures. By February 15, 2012, the College's Title IX Coordinator or other similarly qualified official will offer to meet individually with the Complainant and other two victims of 'l a sexual harassment/assault identi?ed in her complaints and provide them with the opportunity to discuss any concerns they have about incidents of sexual .t harassment/assault they alleged. During the meeting, the College will emphasize its commitment to having a college environment free from all harassment, remind the students of the College?s commitment to ending sexual harassment/assault, and inform them of the steps being taken to that end. Chief of Sta?? NORTHERN New Mexico College 14 February 2012 Dear As you are aware the College has voluntarily entered into a 302 Resolution Agreement with the Of?ce of Civil Rights (OCR) in response to OCR Case Number: 0841-2125 received in May of 2011. As a result, OCR provided, and the College agreed to implement, speci?c measures to ensure that the College has adequate policies and procedures in place to provide for prompt and equitable resolution of complaints alleging sexual harassment and discrimination. The College acknowledges that your complaints, brought forward in 2009 and 2010, were not handled as as they should have been. We also acknowledge that you were not given prompt notice of the outcome of the investigation of your complaints. The College is committed to remedy these shortcomings so that neither you nor any other student will experience any delay or miscommunication regarding allegations of discrimination or sexual harassment on campus. We are in the process of revising and strengthening our Title IX Grievance Procedures so that students and staff alike have a clear understanding of the policy and procedures required for resolution of their complaints. We are establishing mandatory time lines in which each step of the process must be completed to ensure prompt resolution of complaints, and we are committed to communicating in a timely manner to victims and their accusers the outcome of our investigations. We have already implemented mandatory training on sexual harassment for faculty, staff and students to be delivered annually at the College convocation ceremonies and student orientation. Our Human Resources Director has been designated as our Title IX Coordinator and will receive additional Title IX training on how to appropriately address Title IX allegations and complaints. Finally, to ensure successful completion of your course work without interference and mitigate any possibility of an awkward situation we have placed registrar?s holds on the accounts of the two accused male students. The College will notify you if either of them attempt to register for classes at Northern and speci?cally will not permit them to register for courses in which you are already registered. We will also provide the same noti?cation to the two other female students mentioned in your complaint. We apologize for any distress you have experienced as a result of the College?s failure to and equitably investigate, resolve and provide noti?cation to you on your complaints. We hope that the measures we are adopting as a result of our agreement with the OCR will make Northern a better place for all students while providing a safe and secure environment for learning. Please feel free to contact me or our HR Director if you have any questions or concerns you would like to discuss. Thank y_ou, 921 Paseo de O?ate Espa?ola, NM 87532 PhRito, NM 87530 Ph: 575 581.4100 Fax: 575 581.9156 . H- 7?0] Northern is an equal opportunity and af?rmative action employer. Page 492 of 739 Withheld pursuant to exemption (b)(3)220 use 0f the Freedom Of Information and Privacy Act Northern New Mexico College ?an? NJ .. m. Gooan70 921 PaseodeO?ate Street mhumwn?mm Espa?ola, New Mexico 87532 Telephone (505) 747-2100 Cm? cm" Wt General Fund Account 02/15/12 seuee1'978_43 USD PAY tiOne Thousand nine Hundred Seventy-gight TO THE ORDER OF I WCheckVoidAoetwl'hys 8 3 0 l. No?mNechxboColleu-Gaual?mdm Refmd I 1,978.68 0.00 0.00 1,978.48 02/i3/12 60060170 02/15/12 000016252 1,978.48 .00 .00 1,978.68 Northern New Mexico College Em? m: .. G0060847 921 P8800 d6 O?atc Street 9546/ ?no Telephone (505) 747-2100 mm? General Fund Account 03/27/12 USD PAY itone Thousand Eight Hundred Twenty-0ne TO THE ORDER OF (bxs); AUTHORIZED SIGNATURE This Chock Void AM 90 Day: 8031 ?1 3 l1 I' Nonhcm New Mexico College - Gama! Fund Account 0321/12 Refund Cheek 1,821.20 0.00 0.00 1,821.20 fH?dx 60060867 03/27/12 000016252 1,821.20 .00 .00 1,821.20 Northern New Mexico Coll VMWWI w. 60060149 921 P8800 dc O?ate Street cg Espa?ola, New Mexico 87532 Telephone (505) 747-2100 Check Date Check Ammt General Fund Account 02/15/12 USD PAY ?rm Hundred sixtyurwo TO THE ORDER OF moo soil 30w 02/13/12 Refund Check 262.04 0.00 0.00 262.04 60060149 02/15/12 000064530 262.04 .00 .00 262.04 Northern New Mexico College w- 1 ml? Espa?ola, New Mexico 87532 Telephone (505) 747-21 00 cm" am" "mm" General Fund Account 02/15/12 USD PAY **Two Hundred Thirty-Nine TO THE ORDER or This Check Void Aha: 90 my: mgr-luv.? 02/1312 Refmd Check 239.51 0.00 0.00 239.51 60060136 02/15/12 000000302 239.51 .00 .00 239.51 Resolution Agreement Northern New Mexico College OCR Case Number 08-11-2125 The US. Department of Education, Of?ce for Civil Rights (OCR), initiated the above-referenced complaint against Northern New Mexico College (the College), pursuant to Title IX of the Education Amendments of I972 (Title IX), 20 U.S.C. I681 e! seq. . and its implementing regulation, 34 CPR. Pan 106. Prior to the completion of investigation, the College asked to resolve the issues of this complaint pursuant to Section 302 of Case Processing Manual (CPM). The College re-af?rms its commitment to comply fully with Title IX and its implementing regulation. The College?s participation in this agreement is voluntary and solely for the purposes of resolving allegations in the complaint. The College's agreement to address improvements in its reporting practices, its Title IX policies and grievance procedures, and to provide remedies to three students is not an admission of fault or legal wrong-doing. Accordingly, to ensure compliance with Title IX and its implementing regulation and to resolve the issues of this case, the College voluntarily agrees to take the following actions: ACTION STEPS - Title IX Grievance Procedures . By March 1, 2012, the College will submit to OCR for its review and approval dra? (W7 sexual harassment, sexual assault, and sexual violence), as required by Title lX?s Title IX grievance procedures to address complaints of sex discrimination (including (WHO) implementing regulation at 34 CPR. The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: a. a notice that the procedures apply to complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) by employees, students, or third parties; b. an explanation of how to ?le a complaint pursuant to the procedure; c. the name or title, of?ce address, and telephone number of the individual with whom to ?le a complaint; d. de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence); e. provide for the adequate, reliable, and impartial investigation of all complaints, including equitable treatment of the parties and the opportunity for the parties to present witnesses and other evidence; Page 3 S. 7 Northern New Mexxco College - OCR Docket #08-l 1-2125 By May 15, 2012, the College will revise the job description and corresponding training requirements for its Title IX Coordinator and, as appropriate, any deputy coordinators, to address the proper handling of Title IX complaints as outlined in the College?s Title IX policies and procedures. 0 Training for Title IX Coordinator and College Personnel 6. By May 15, 2012, the College will schedule Title IX training for its Title IX Coordinator and any other college coordinators, officials, and administrators who will be directly olved in processing, investigating. and/or resolving complaints of sex discrimination (C) eluding sexual harassment, sexual assault, or sexual violence) and retaliation or who 1 otherwise coordinate the College?s compliance with Title IX. This training will cover the College?s new grievance procedures for Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title IX, as well as how the College?s responsibilities under Title IX and the Clery Act, 20 .S.C. 10920), differ. By May 15, 2012, the College will schedule Title IX training for all administrators, professors, instructors, coaches, and other staff who interact with students on a regular basis regarding sex discrimination and harassment, the College's responsibilities under Title IX, and the College?s new grievance procedure. As part of this training, staff will receive written guidance regarding proper reporting and the impermissibility of retaliation. By June 30, 2012, the College will deveIOp an annual Title IX training program to ensure that staff and faculty receive adequate training, which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and faculty are aware of any changes to the law, College policy, and College practices in this area. Individual Remedies By June 4, 2012, the College will offer an informational session to students during orientation (as part of the annual student orientation for new and returning students) to inform them about the College?s prohibition against sex discrimination, how and to whom to report any incidents of sex discrimination (including sexual harassment, sexual assault, and sexual violence), and the Title IX grievance procedures. February 15, 2012, the College?s Title IX Coordinator or other similarly qualified pf?cial will offer to meet individually with the Complainant and other two victims of texual harassment/assault identified in her complaints and provide them with the opportunity to discuss any concerns they have about incidents of sexual harassment/assault they alleged. During the meeting, the College will emphasize its commitment to having a college environment free from all harassment, remind the students of the College?s commitment to ending sexual harassment/assault, and inform them of the steps being taken to that end. Page 5 - Northern New Mexrco College - OCR Docket #08-11-2125 Notice of Nondiscrimination/'1? itle 1X Coordinator (C) By March 1, 2012, the College will provide OCR with a copy of the College?s Title IX notice of nondiscrimination referenced in item #3 above. Within 90 calendar days of approval of the College?s notice of nondiscrimination, the College will provide OCR with documentation that it has implemented item #4 above, including copies of any printed publications, and web links to any electronic publications containing the notice. By June 30, 2012, the College will provide OCR with documentation that it has implemented item #5 above, including the name and title of the Title IX Coordinator(s), and a copy of the job description(s) and training requirement(s) for the position(s). Training for Title IX Coordinator and College Personnel By June 30, 2012, the College will provide OCR with documentation that it has completed item The College will document that the required training has been completed, including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. The report will include a copy of the memorandum distributed to faculty and administrators pursuant to item By June 30, 2012, the College will provide OCR with documentation that it has completed item including the dates of the training, the names, titles and quali?cations of the individuals who provided the training, a sign-in sheet showing the names and titles of the individuals who attended the training, and copies of any materials used or distributed during the training. By September 1, 2012, the College will provide OCR a copy of the training program (including copies of training materials used) required by item #8 along with a schedule for the ?rst annual training session and refresher. Individual Remedies By June 30, 2012, the College will provide OCR with documentation that it has implemented item including a descriptions of the informational sessions, and copies of any written materials to be distributed during the sessions. By February 29, 2012, the College will provide OCR (1) documentation continuing it made the offer described in item #10, (2) continuation that it conducted the meeting(s) if the offer was accepted, (3) a copy of the statement referred to in item #11 with evidence that it has been delivered to the Complainant, and (4) documentation that it made the offer addressed in item #12 along with the Complainant?s response. if any. Page 500 of 739 Withheld pursuant to exemption (WHO) Of the Freedom Of Information and Privacy Page 6 Northern New Mex.eo College - OCR Docket #08-1 1-2125 1. By February 29, 2012, the College will provide documentation that it has completed the refunds required by item #13 and reimbursed the Complainant for any expenses described in item #13. m. By June 30, 2012, the College will provide documentation demonstrating that it provided a copy of the College?s revised/new sexual harassment policy and Title IX grievance procedures to the Complainant and two other students required by item #14. 8 President or de?gnee Northern New Mexico College Date Page 4 Northern New MeXlw College - OCR Docket #08-1 1-2125 . By February 15, 2012, the College will provide the Com Iain ta written statement acknowledging that her complaint was not handled as as it should have been (0) and that she was not given prompt notice of the outcome. The statement will express the College?s commitment to remedy those procedural shortcomings. As part of its statement to the Complainant, the College will commit to notifying the WWO students referred to above if the two males accused of harassment attempt to re-enroll and assure her that the two males will not be permitted to register for courses in which she and the other two female students are registered. Egg, By February 15, 2012, the College will offer the Complainant up to four counseling ?7 sessions with an appropriate College or civilian counselor to address the experiences raised in her complaint. 13. By February 17, 2012, the College will refund the she paid to the College (or that was paid on her behalf) Mir?Wt in which she was enrolled with the alleged harassers. Additionally, the College will refund the?itioiand fees associated with the chemistry class identi?ed in this complaint, for the other two female students referenced above in item #10. 7 .4. Within 14 days of the adoption of the College?s revised/new sexual harassment policy and Title IX grievance procedures, the College will individually notify the Complainant in writing of the revised/new policy and procedures and provide her copies. (C) REPORTING RE UIREMENTS 0 Title IX Grievance Procedures a. By March 1, 2012, the College will submit to OCR for its review and comment its Title IX grievance procedures referenced in item #1 above. b. Within 45 calendar days after approval of the Title IX procedures referenced in item #1 above, the College will provide OCR with documentation that it has implemented item #2 above, including copies of the written notices issued to students and employees regarding the new Title IX procedures and a description of how the notices were distributed; copies of its revised student and employee handbooks; and a link to its wcbpage(s) where the revised Title IX procedures are located. c. By December 31, 2012, the College will submit to OCR copies of all Title IX grievances ?led under the OCR approved grievance procedure by students alleging sexual discrimination or harassment, including allegations of sexual assault and sexual violence, and retaliation, during the 2011-2012 school year. The College will make available to OCR documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any ?nal disposition letters, disciplinary records, and documentation regarding any appeals. Page 2 Northern New Mexico College - OCR Docket #08-1 1-2125 2. f. timeframes for the major stages of the investigation; g. written noti?cation to the parties of the outcome of the investigation; h. an assurance that the College will keep the complaint and investigation con?dential to the extent possible; i. notice of the opportunity for the parties to appeal the ?ndings; j. an assurance that the appeal will be conducted in an impartial manner by an impartial decision-maker; k. a statement that the College will take reasonable steps to deter future discrimination. and to remedy the discriminatory effects on the victim(s) and others; and l. a statement that Title IX prohibits retaliation against any individual who ?les a complaint under Title IX or participates in a complaint investigation. Within 45 calendar days of written noti?cation from OCR, the College will adopt and implement the procedures and will provide all students and employees with notice regarding the new grievance procedures through print and electronic means designed to ensure broad dissemination. The College will include in its revised Title IX procedures provision for conducting a biennial review of its procedures for implementing the requirements of Title IX to ensure the College is acting to prevent sex discrimination (including harassment), to stop it when it occurs, and remedy it when it is found to have occurred. 0 Notice of Nondiscrimination/Title IX Coordinator 3. By Munch l, 2012, the College will draft and submit to OCR for review a revised notice of nondiscrimination pursuant to 34 CPR. [06.9, which will notify students, employees, and other relevant persons that it does not discriminate on the basis of sex in the education programs or activities that it operates, in employment, and admissions. The policy shall include the title, of?ce address, and telephone number for the College?s Title IX Coordinator along with language that directs those with concerns to the Coordinator. The College will widely publish this notice consistent with the requirements of Title IX at 34 CPR. 106.9. Within 45 calendar days of written noti?cation from OCR that the College?s notice of nondiscrimination complies with Title IX, the College will ensure that, to the extent required by Title IX at 34 CPR. l06.9, electronic and printed publications of general distribution that provide information to employees and students about College services contain the notice of nondiscrimination. Inserts may be used pending reprinting of these publications. UNITED STATES DEPARTMENT OF EDUCATION ARIZO OFFICE FOR CIVIL RIGHTS mwggo NEW MEXICO 1244 SPEER BLVD, SUITE 310 UTAH DENVER, CO 80204-3582 WYOMING July 30, 2012 Dr. Nancy Barcelo, President Northern New Mexico College 921 N. Paseo de O?ate Espa?ola. New Mexico 87532 RE: Northern New Mexico Collette Case Number 08-11-2125 On June 29, 2012, we received the College's ?rst monitoring report of compliance with Action Steps in the Resolution Agreement signed on January 31, 2012. Our review and analysis of the College's progress in complying with the Agreement is summarized below. The terms of the Agreement relevant to this response are provided below in italics for your reference. ACTION STEPS 0 Title IX Grievance Procedures 1. By March 1, 2012, the College will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence). as required by Title IX ?s implementing regulation at 34 C.F.R. 106. The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: a. 0321?s a notice that the procedures apply to complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) by employees, students, or third parties; an explanation of how tofile a complaint pursuant to the procedure; the name or title, of?ce address, and telephone number of the individual with whom to?le a complaint; de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence): providefor the adequate, reliable, and impartial investigation of all complaints, including equitable treatment of the parties and the opportunity/or the parties to present witnesses and other evidence: timeframesfor the major stages of the investigation; written noti?cation to the parties of the outcome of the investigation; an assurance that the College will keep the complaint and investigation confidential to the extent possible; notice of the opportunityfor the parties to appeal the findings: The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. .ed . gov Page 2 of 7 i. an assurance that the appeal will be conducted in an impartial manner by an impartial decision-maker; j. a statement that the College will take reasonable steps to deter future discrimination. and to remedy the discriminatory effects on the victim(s) and others; and k. a statement that Title IX prohibits retaliation against any individual who ?les a complaint under Title or participates in a complaint investigation. The College provided a ?Title IX Policy Procedures" (Procedures to be published with the College?s other policies applicable to students and employees). We reviewed the Procedures for compliance with the Agreement, the applicable regulation at 34 C.F.R. the Department?s ?Revised Sexual Harassment Guidance (January 2001 and the Assistant Secretary?s Dear Colleague Letter of April 4, 201 1. copies of which were provided the College?s representative. The Procedures address sexual harassment, but fail to point out that the Procedures apply to all discrimination based on sex or gender (that is, any act prohibited by the Title IX regulations? see, 34 C.F.R. sexual harassment (including sexual assault and other sexual criminal offenses) is one kind of prohibited sexual discrimination or different treatment based on sex or gender. The Procedures should be revised to include all acts sexual discrimination or acts prohibited by 34 C.F.R. Part 106, including sexual harassment or assault. See the introductory paragraph of Item #1 above (?procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence?). For example, the introductory sentence in section 4 should be revised to read, person who believes he or she may have experienced any kind of sex based discrimination (including sexual harassment) or act prohibited by 34 C.F.R. Part 106 may report the incident . . . The provision in section 4 3) that indicates an individual may report an incident of sexual discrimination to his or her supervisor should clarify that the supervisor must then report the incident to the Title IX Coordinator. Additionally, the Procedures should clarify that if a dispute ?involving work-related allegations of sexual harassment? cannot be otherwise resolved, it may always be filed as a complaint under the Procedures. We suggest moving the text of section 5 3-4) to the beginning of section 4 before the introductory sentence; it appears to ?t more logically at that point. Sections 6 would then be renumbered. Finally, the revised section 4 should make clear that it also applies to student employees. Language in the current section 5 (second new paragraph on the top of p. 4) indicates that a ?nding that an employee engaged in sexual harassment (including sex or gender based discrimination?) will result automatically in the employee?s termination. The College may want to consider adopting a more ?exible policy, allowing for appropriate exercise of discretion. with respect to the quantum of discipline. stating that in such cases the College may impose a range of disciplinary actions including termination. Experience suggests that in?exible or zero tolerance policies inevitably encounter situations in which reasonable minds would agree the mandated discipline is unreasonable or inappropriate in the circumstances; and such policies preclude individual, case-by-case considerations. Page 3 of 7 Section 6, paragraph 1 indicates that an incident should be reported no later than ten business days after the incident, but the brochure the College provided us (as having been distributed to students) indicates a more reasonable 60 days. The inconsistency should be resolved. Paragraph 4 indicates the Coordinator, when investigating allegations of sex discrimination, may gather evidence and may take witness statements. If there is evidence to be gathered or witnesses who could be interviewed, it would be more consistent with the requirements of due process to ensure an equitable investigation and require the evidence to be gathered and witnesses, if any. to be interviewed and their statements taken. Paragraph 8 5) relates to the con?dentiality of documents; all information developed in the investigation?not just documents?should be subject to the protection of the con?dentiality policy, adding ?to the extent permitted by law.? For example, the provision could read, ?Documentary and other information gathered during the investigation shall be maintained and controlled by the Title IX Coordinator and kept confidential to the extent permitted by law.? The Procedures do not presently including the requirement for a biennial review of the procedures (see, Item #2 of the Agreement). This provision should be included in the Procedures or other College policy establishing requirements for recurring reviews of College policies. The College?s next monitoring report (see, reporting requirement at the end of this letter) should include Procedures revised in accordance with the discussion above. As soon as OCR approves the revised Procedures, they may be adopted, published, and reported pursuant to Item 0 Notice of Nondiscrimination/Title IX Coordinator 3. By March I, 2012, the College will draft and submit to OCRfor review a revised notice of nondiscrimination pursuant to 34 C.F.R. 106. 9, which will notify students, employees, and other relevant persons that it does not discriminate on the basis of sex in the education programs or activities that it operates, in employment, and admissions. The policy shall include the title, o?ice address, and telephone number for the College ?3 Title IX Coordinator along with language that directs those with concerns to the Coordinator. The College will widely publish this notice consistent with the requirements of Title IX at 34 C.F.R. 106.9. The College provided in its Procedures a statement of non-discrimination and a designation of the Title IX Coordinator with the title, of?ce, address. and telephone number for the Coordinator. This ?rst part of this item is complete. The publication requirement of the last sentence should now be completed and reported in the next monitoring report. We note that. typically, the notice requirement of 34 C.F.R. 106.9 is satis?ed with prominent notices (separate from non- discrimination policies and grievance procedures) published on school bulletin boards. websites. catalogs, student and employee handbooks. and the like (see, Item #4 of the Agreement). 5. By May 15, 2012. the College will revise thejob description and corresponding training requirementsfor its Title IX Coordinator and. as appropriate, any deputy coordinators. to address the proper handling of Title IX complaints as outlined in the College's Title IX policies and procedures. Page 4 of 7 This item has not been completed; as you explained in your June 29, 2012 letter, a new Title IX Coordinator (Director of Human Resources) will be given the task of revising the job description(s), and so forth. This requirement is addressed in the reporting requirements at the end of this letter. 0 Training for Title IX Coordinator and College Personnel 6. By May 15, 2012, the College will schedule Title IX trainingfor its Title IX Coordinator and any other college coordinators, officials. and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination (including sexual harassment, sexual assault, or sexual violence) and retaliation or who will otherwise coordinate the College is compliance with Title IX. This training will cover the College?s new grievance procedures for Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title IX. as well as how the College ?s responsibilities under Title [Xand the Clery Act, 20 US. C. 10920), di?er. This item is not complete. Once the new Title IX Coordinator has been appointed (see discussion Item #5 above), the College will take action to complete this item. We ask that the Title IX Coordinator, when appointed, consult with OCR about this training. We will extend the submission requirement for this item (currently May 15, 2012) pending the appointment of the new Title IX Coordinator. See the reporting requirements at the end of this letter. 7. By May 15, 2012, the College will schedule Title IX training for all administrators, professors, instructors, coaches, and other sta? who interact with students on a regular basis regarding sex discrimination and harassment, the College 's responsibilities under Title IX, and the College?s new grievance procedure. As part of this training, staff will receive written guidance regarding proper reporting and the impermissibility of retaliation. The training was provided by a Senior Attorney from OCR on April 11 and 12, 2012. The active training requirement of this item is complete. The written guidance through a staff memorandum) portion of the requirement has not been completed. Once the Title IX Coordinator has been appointed, the written guidance can be coordinated with OCR and published to staff and faculty. See the reporting requirements at the end of this letter for information concerning the reporting of completion of this requirement. 8. By June 30, 2012, the College will develop an annual Title IX training program to ensure that staff andfaculty receive adequate training, which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and faculty are aware of any changes to the law, College policy, and College practices in this area. The training program has not been developed or implemented. See the reporting requirements at the end of this letter. Page 5 of 7 0 Individual Remedies 9. By June 4, 2012, the College will o?er an informational session to students during orientation (as part of the annual student orientationfor new and returning students) to inform them about the College 's prohibition against sex discrimination. how and to whom to report any incidents of sex discrimination (including sexual harassment, sexual assault, and sexual violence), and the Title IX grievance procedures. The College reports that the ?rst informational sessions were conducted for students during orientation for the 2012 summer semester on May 30 and June 20, 2012, but did not provide a copy of the materials used, the name or quali?cations of the person providing the training in the absence of a Title IX Coordinator, or other documentation of the sessions. That information should be submitted with the next monitoring report. We note the fold-out pamphlet prepared for students and, presumably, distributed during the orientation training. As pointed out above, this pamphlet, which tracks the newly drafted Procedures, does not address basic sex or gender based discrimination and focuses only on sexual harassment. We ask that appropriate revisions be made as soon as the College?s revised Procedures are approved for distribution to students in the fall 2012 semester. The text of the pamphlet should be consistent with the revised Procedures. See the reporting requirements at the end of this letter. 10. By February 15, 2012, the College ?3 Title IX Coordinator or other similarly qualified o?icial will offer to meet individually with the Complainant and other two victims of sexual harassment/assault identi?ed in her complaints and provide them with the opportunity to discuss any concerns they have about incidents of sexual harassment/assault they alleged. During the meeting, the College will emphasize its commitment to having a college environment free from all harassment, remind the students of the College ?s commitment to ending sexual harassment/assault, and inform them of the steps being taken to that end. The College provided a statement that the former Title IX Coordinator met individually with the three students referenced in this item on February 22, 2012, February 29, 2012, and March 13, 2012, respectively. The College provided notes from those meetings explaining the matters covered and any concerns expressed by the students. This item is complete. 11. By February I 5, 2012, the College will provide the Complainant a written statement acknowledging that her complaint was not handled as as it should have been and that she was not given prompt notice of the outcome. The statement will express the College's commitment to remedy those procedural shortcomings. As part of its statement to the Complainant, the College will commit to notifying the Complainant and other two students referred to above if the two males accused of harassment attempt to re-enroll and assure her that the two males will not be permitted to register/or courses in which she and the other twofemale students are registered The College provided a copy of the letter signed by the College?s then Chief of Staff to the Complainant fully covering all the elements of item #11. The Complainant signed acknowledging receipt of the letter on February 29, 2012. This item is complete. Page 6 of 7 12. By February 15, 2012, the College will o?er the Complainant up to four counseling sessions with an appropriate College or civilian counselor to address the experiences raised in her complaint. The College provided a statement that the former Title IX Coordinator escorted the Complainant to the school Counselor?s of?ce to make any arrangements she chose for the counseling required by this item. This item is complete. 13. By February 1 7, 2012, the College will refund the Complainant the tuition and fees she paid to the College (or that was paid on her behalf? for the semester in which she was enrolled with the alleged harassers. Additionally. the College will refund the tuition and fees associated with the chemistry class identi?ed in this complaint, for the other two female students referenced above in item #10. The College reported that the Complainant received her refund on February 29, 2012 and March 21, 2012. and that the other two students received their refunds on February 22, 2012, and March 7, 2012, respectively. The College provided copies of accounting records re?ecting the refunds with its monitoring report. This item is complete. 14. Within 14 days of the adoption of the College '3 revised/new sexual harassment policy and Title IX grievance procedures, the College will individually notijjz the Complainant in writing of the revised/new policy and procedures and provide her copies. Because the revised Procedures have not yet been completed and approved, the College was not able to complete this item. See the adjusted reporting requirements at the end of this letter. Follow-up Reporting By 15 September, 2012, please provide the following in the College?s next monitoring report: I. A copy of the College?s Title IX Policy and Grievance Procedures revised in accordance with the comments included in this letter (Item #1 of the Agreement). 2. A copy of the College?s Title IX non-discrimination notice with notice of the title. of?ce address, and telephone number for the College?s Title IX coordinator (consistent with Item #3 of the Agreement) and documenting the ?wide publication? ofthe policy. The Title IX Coordinator?s revised job description (Item 4. Documentation that the training required by Item #6 has been completed. Mr. Long is available to coordinate with the Title IX Coordinator on the requirements of the training or any element of the Agreement. The memorandum (or other written guidance) required by Item 6. A status report on the development of the training required by Item We understanding finalization of that training program must await approval of the revised Policy and Procedures. 7. Documentation of the informational session envisioned by Item #9 and con?rmation of the way it has been integrated into the student orientation program. We understand 9) U1 Page 7 of7 that necessary revisions to the pamphlet provided in conjunction with this program must await approval of the revised Policy and Procedures. Please confirm any training of students that is completed in accordance with the Agreement provided at the beginning ot?the fall 2013 semester (provide a copy ofthe materials used. the name and quali?cations of the person providing the training. and the context in which the training was provided cg. as part of new student orientation). We recognize that the College's compliance with the requirements of the Agreement has been hampered by the absence ot?a current Title IX Coordinator. Nevertheless, we encourage the College to recognize the importance of moving forward expeditiously with execution of the Agreement and designation ofa Title IX Coordinator to achieve compliance with Title IX and the regulations which implement its requirements. We also understand that some items not discussed in the list above need to await completion of other items (eg, Items and #14 of the Agreement) and we will anticipate reports of those items in future monitoring reports. At this time Items #10, #11, #12, and #13 are complete and Items #3 and #7 are partially complete. We sincerely appreciate your continued cooperation as we work to successfully complete the requirements of the agreement to achieve compliance with the mandate of Title IX. Please do not hesitate to contact Mr. Jim Long at (303) 844-6299 or iim.longi?Ziled.gov or me at (303) 844- 4821 if you have any questions or concerns. Sincerely, ames . ong, r. Senior Attorney cc: Office/of Human Resources NORTHERN New Mexico College November 29, 2012 James D. Long, Jr. Senior Attorney US. Department of Education Office for Civil Rights 1244 Speer Blvd., Ste. 300 Denver, Colorado 80127 Dear Mr. Long: In accordance with the Resolution Agreement for Northern New Mexico College, Of?ce of Civil Rights (OCR) Case Number 08-11-2125, we are submitting our Title IX Grievance Policy for your review and ?nal approval. As per our discussion we are hopeful that we can receive OCR approval prior to our Board of Regents Meeting on December 7, 2012. If we have not received OCR approval by then, we will present it at the next Board of Regents meeting in January for the Regents approval. Thank you for your assistance and patience in working with us in this endeavor. If you have any questions or require additional information, please let me know. Thank vou Bernie E. Padilla Human Resources Budget Director cc; Attachment 921 Paseo de O?ate Espa?ola. NM 87532 I Ph: 505 747.2160 1 Fax: 505 747.5483 PO. Box 160 E1 Rito, NM 87530 Ph: 575 581.4100 Fax: 575 581.9156 I Northern is an equal opportunity and af?rmative action employer. Long, Jim From: Bernie Padilla Sent: Thursday, November 29, 2012 10:15 AM To: Long, Jim Cc: Nancy Barcelo; Subject: RE: Title IX Grievance Policy Approval Request Attachments: Title IX Grievance Policy Approval Letter 11 29 12.pdf; Policy 1320 Title IX Grievance Policy 11 29 12.docx Good morning Jim. As per our discussion I am attaching a letter requesting final OCR approval of our Title IX Grievance Policy along with a copy of the reformatted policy. If you have any questions or need additional information please let me know. Thanks for all your Bernie E. Padilla, SPHR Director ol'lluman Resources Budget Northern New Mexico College 92] Paseo de Onatc Espanola, New Mexico 87532 Of?ce Phone: 505-747-2160 Of?ce Fax: 505-747-5483 E-mail: Bernie.Padilla@nnme.edu This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify NNMC immediately by return e-mail and permanently delete this transmission, including any attachments. From: Long, Jim [mailtonim.Long@ed.ggv] Sent: Tuesday, November 27, 2012 10:12 AM To: Subject: Copy of Resolution Agreement It?s attached. Long James D. Long, Jr. Senior Attorney US. Department of Education Of?ce for Civil Rights 1244 Speer Blvd., Ste. 300 Denver, Colorado 80127 Telephone: 303-844-6299 Fax: 303-844-4303 This e?mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt 1 from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s) please notify NNMC immediately by return e-mail and permanently delete this transmission, including any attachments. 1320 Title IX Grievance Policy l. 1. Title IX Policy Statement Northern New Mexico College (Northern) is committed to providing equal access to educational and employment opportunities regardless of race, color, religion, national origin, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, ancestry, spousal af?liation or medical condition. We are committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of Northem?s employees, contractors, vendors or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This policy also applies to individuals conducting business within the college. The Director of Human Resources serves as Northern?s Title IX Coordinator and is the designated individual on campus for assuring compliance with all College policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Of?ce is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola, New Mexico. The Title IX Coordinator can be reached at 505- 747-2160 during regular business hours (8:00 am. 5:00 pm, Monday through Friday) and via email to Sexual men of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northern. The following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint, testi?ed or participated in any proceedings under Federal or State law. Retaliation against an employee or student for ?ling a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. 2. Definitions Examples of Sex Discrimination Sexual harassment is a kind of discrimination based on sex. Sexual harassment includes any unwelcomed sexual advances or requests for sexual favors; and other unwelcomed conduct of a sexual nature constitutes prohibited sexual harassment when: 0 submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic advancement; submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; 0 such conduct has the purpose or e??ect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment; or a supervisor or faculty member fails to take corrective action when he or she knows, or reasonably should have known, that a subordinate employee or a student is being subjected to sexual harassment. Conduct of sexual nature may include, but is not limited to, verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually oriented ?kidding,? ?teasing,? ?double-entendres,? and jokes,? as well as any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated, either verbally or by his or her conduct, that it is unwelcome. An employee or student who has initially welcomed such conduct by active participation must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Examples of sexual harassment which shall not be tolerated include but are not limited to: suggestive or obscene letters, notes, invitations, derogatory comments, epithets, slurs or jokes, 0 impeding or blocking movements, touching, or any physical interference with normal work, 0 sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters (the situation will be evaluated for appropriateness such as an displayed in museums versus centerfold in o?ice setting), - threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments, grades, promotions or transfers, change of assignments, or poor performance reviews. Northern disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above de?nition of sexual harassment and which has a detrimental but limited impact on the work and/or educational environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct shall be strongly and actively discouraged by responsible supervisors and faculty members. While sexual harassment most often takes place in a situation of power differential between the persons involved, this policy also recognizes that sexual harassment may occur between persons of the same status: student-student, faculty-faculty, staff-staff. The prohibition of sexual harassment applies regardless of the status or genders of the parties. Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive in?uence on a student's or employee's success and future career at Northern and beyond. 3. Procedures for ?ling a complaint of sex discrimination A person who believes he or she may have experienced sexual harassment may report the incident to any of the following: 0 his or her supervisor, and/or 0 the Title IX Coordinator Disputes involving work-related allegations of sexual harassment will be resolved by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of resolving the allegations and is available to discuss the incident(s), assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available, such as ?ling a formal complaint of sexual harassment, etc. In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances, and the context in which the alleged incidents occurred. In cases of sexual harassment that may also constitute criminal behavior sexual assault, stalking, etc.), the victim may simultaneously, in addition, ?le a complaint with local law enforcement authorities. The Title IX Coordinator may also notify local law enforcement in cases that may constitute criminal behavior. Procedures for Complaints: Employees Every staff and faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter immediately to the Title IX Coordinator. If an employee believes that he/she has been sexually harassed, that employee should report the alleged incident to his/her supervisor or the Title IX Coordinator by utilizing the following process: 3.1.1. Employees should report any incident in which they believe they have been a victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.1.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.1.3. The Title IX Coordinator may direct interim measures to ensure the safety and well-being of the complainant and the work/school community while any investigation of the complaint is in progress. 3.1.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.1.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.1.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.1.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.1.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.1.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator, the party shall have the right to appeal the decision, in writing, to the President, or designee, no later than ??een (15) working days a?er issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.1.10. The President, or designee, shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.1.11. The President, or designee, will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.1.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. The Title IX Coordinator will inform any employee making a sexual harassment complaint of counseling and other internal and/or external resources available. If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor, the employee may directly contact the Title IX Coordinator and proceed through the steps outlined in the internal grievance procedure. If the Title IX Coordinator is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the Title IX Coordinator, the employee may directly contact the Director of Equity and Diversity and proceed through the steps outlined in this policy. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that an employee (whether faculty, adjunct faculty, or staff, including individuals providing contract services to the College) engaged in sexual harassment, the employee may be terminated for cause according to the most current version of Northern?s Termination Policy in the respective Northern Policy Handbook. An employee may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. If an employee believes alleged sexual harassment constitutes a criminal offense, the employee should consider reporting the conduct to appropriate law enforcement of?cials. 3.2. Procedures for Complaints: Students If any student believes that he or she has been sexually harassed, that student should report the alleged incident to the Title IX Coordinator. The Title IX Coordinator will conduct a thorough investigation and provide the student with a written noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter immediately to the Title IX Coordinator. The Title IX Coordinator will inform any student making a sexual harassment complaint of counseling, academic, and other resources available at Northern and in the community. 3.2.1. Students should report any incident in which they believe they have been victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.2.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.2.3. The Title IX Coordinator may direct interim measures to ensure the safety and well-being of the complainant and the school community while any investigation of the complaint is in progress. 3.2.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.2.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.2.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.2.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.2.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.2.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator, the party shall have the right to appeal the decision, in writing, to the President, or designee, no later than ?fteen (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.2.10. The President, or designee, shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.2.11. The President, or designee, will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.2.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that a student engaged in sexual harassment, the student will be subject to the Disciplinary Actions and Sanctions as provided in the most current version of the Northern Student Handbook. Sanctions may include, and are not limited to: probation; withholding of grades, transcripts, or degrees; restitution; suspension; and expulsion. The sanction imposed is determined by the severity of the infraction. A student may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. The college is committed to thoroughly, reliably, and impartially investigating complaints of alleged sexual harassment and taking action to stop the harassment, prevent further harassment, and remedy the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially, with con?dentiality and respect for the rights of all individuals involved. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. Northern will take steps to investigate any complaint or report of sexual harassment consistent with a request for con?dentiality, and must weigh a request for con?dentiality with responsibility to provide a safe, non-discriminatory environment for students and employees. It may be necessary in appropriate cases to explain that con?dentiality may not be ensured. The President, or designee, will be the ?nal authority on releasing any information or documents to a speci?c case. All investigative ?les will be maintained and controlled by the Title IX Coordinator. Long, Jim From: Bernie Padilla Sent: Wednesday, January 02, 2013 10:55 AM To: Long, Jim Subject: RE: Title IX Grievance Policy Approval Request Attachments: Policy 1320 Title IX Grievance Policy 1 2 13.docx Good morning and Happy New Year Jim. Hope you had restful holidays. Attached is the updated Title IX Grievance Policy with your suggested changes. The biennial review statement was added on the second to the last paragraph of the policy. Please review and let me know if this will work. Bernie E. Padilla, SPHR Director of Human Resources Budget Northern New Mexico College 921 Paseo de Onate Espanola. New Mexico 87532 Of?ce Phone: 505-747-2160 Of?ce Fax: 505-747-5483 E-mail: Bernie.Padilla@nnmc.edu This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify NNMC immediately by return e-mail and permanently delete this transmission, including any attachments. From: Long, Jim Sent: Thursday, December 06, 2012 8:28 AM To: Bernie Padilla Subject: RE: Title IX Grievance Policy Approval Request Bernie, I?m sorry not to have gotten back to you sooner, but I?ve been a little swamped. I don?t think you?re going to be able to get the Procedures through the Board today, but I think there are some easy ?xes, and that wrap- up will be fine next month. I don?t know why I didn?t catch the two following issues sooner (they were both discussed in the 7/30/12 letter), so I?m very sorry, but I think there?s an easy fix. First, the Procedures address sexual harassment and point out that the Procedures apply to all discrimination based on sex or gender (that is, any act prohibited by the Title lX regulations?see, 34 C.F.R. sexual harassment (including sexual assault and other sexual criminal offenses) is one kind of prohibited sexual discrimination or different treatment based on sex or gender. The Procedures comply with the guidance quoted in the preceding paragraph and the Resolution Agreement. To make the applicability of the Procedures clear (because they continue to refer only to sexual harassment), we suggest the first sentence of section 3 be amended to read, person who believes he or she may have experienced sex discrimination or harassment may . . to ensure the applicability of the Procedures is clear. You may want to make the parallel change in sections 3.1 and 3.2 ("If an employee believes that 1 he/she has been discriminated against or harassed on the basis of sex, should report . . and the same for students). Secondly, the Procedures still do not include the requirement for a biennial review of the procedures (see, Item #2 of the Agreement). This provision could be included in the Procedures or other College policy establishing requirements for recurring reviews of College policies. I think you could just make these changes and send me the revised version and I?ll substitute that as the attachment to the President?s letter, and I'll get a response back to you right away. Again, I apologize for missing these items. Jim From: BemieEPadilla il mi . ill Sent: Thursday, November 29, 2012 10:15 AM To: Long, Jim Cc: Nancy Baroelo; I Subject: RE: Title Good morning Jim. As per our discussion I am attaching a letter requesting ?nal OCR approval of our Title IX Grievance Policy along with a copy of the reformatted policy. If you have any questions or need additional information please let me know. Thanks for all your Bernie E. Padilla, SPHR Director of Human Resources Budget Northern New Mexico College 921 Paseo de Onale Espanola. New Mexico 87532 Of?ce Phone: 505-747-2160 Of?ce Fax: 505-747-5483 E-mail: Bemie.Padilla@nnmc.cdu This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify NNMC immediately by return e-mail and permanently delete this transmission, including any attachments. From: Long, Jim Sent: Tuesday, November 27, 2012 10:12 AM To: Subject: Copy of Resolution Agreement It?s attached. jaw Long James D. Long, Jr. Senior Attorney U.S. Department of Education Of?ce for Civil Rights 1244 Speer Blvd., Ste. 300 Denver, Colorado 80127 Telephone: 303-844-6299 Fax: 303-844-4303 This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify NNMC immediately by return e-mail and permanently delete this transmission, including any attachments. This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify NNMC immediately by return e-mail and permanently delete this transmission, including any attachments. 1320 Title IX Grievance Policy 1.1. Title IX Policy Statement Northern New Mexico College (Northern) is committed to providing equal access to educational and employment opportunities regardless of race, color, religion, national origin, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, ancestry, spousal af?liation or medical condition. We are committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of Northem?s employees, contractors, vendors or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This policy also applies to individuals conducting business within the college. The Director of Human Resources serves as Northern?s Title IX Coordinator and is the designated individual on campus for assuring compliance with all College policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Of?ce is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola, New Mexico. The Title IX Coordinator can be reached at 505- 747-2160 during regular business hours (8:00 am. 5:00 pm, Monday through Friday) and via email to Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northern. The following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint, testi?ed or participated in any proceedings under Federal or State law. Retaliation against an employee or student for ?ling a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. 2. Definitions Examples of Sex Discrimination Sexual harassment is a kind of discrimination based on sex. Sexual harassment includes any unwelcomed sexual advances or requests for sexual favors; and other unwelcomed conduct of a sexual nature constitutes prohibited sexual harassment when: 0 submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic advancement; 0 submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; 0 such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic enviromnent; or 0 a supervisor or faculty member fails to take corrective action when he or she knows, or reasonably should have known, that a subordinate employee or a student is being subjected to sexual harassment. Conduct of sexual nature may include, but is not limited to, verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually oriented ?kidding,? ?teasing,? ?double-entendres,? and jokes,? as well as any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated, either verbally or by his or her conduct, that it is unwelcome. An employee or student who has initially welcomed such conduct by active participation must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Examples of sexual harassment which shall not be tolerated include but are not limited to: suggestive or obscene letters, notes, invitations, derogatory comments, epithets, slurs or jokes, - impeding or blocking movements, touching, or any physical interference with normal work, 0 sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters (the situation will be evaluated for appropriateness such as art displayed in museums versus centerfold in of?ce setting), 0 threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments, grades, promotions or transfers, change of assignments, or poor performance reviews. Northern disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above de?nition of sexual harassment and which has a detrimental but limited impact on the work and/or educational environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct shall be strongly and actively discouraged by responsible supervisors and faculty members. While sexual harassment most o?en takes place in a situation of power differential between the persons involved, this policy also recognizes that sexual harassment may occur between persons of the same status: student-student, faculty-faculty, staff-staff. The prohibition of sexual harassment applies regardless of the status or genders of the parties. Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive in?uence on a student's or employee's success and future career at Northem and beyond. 3. Procedures for filing a complaint of sex discrimination A person who believes he or she may have experienced sex discrimination or harassment may report the incident to any of the following: 0 his or her supervisor, and/or 0 the Title IX Coordinator Disputes involving work-related allegations of sexual harassment will be resolved by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of resolving the allegations and is available to discuss the incident(s), assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available, such as ?ling a formal complaint of sexual harassment, etc. In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances, and the context in which the alleged incidents occurred. In cases of sexual harassment that may also constitute criminal behavior sexual assault, stalking, etc.), the victim may simultaneously, in addition, ?le a complaint with local law enforcement authorities. The Title IX Coordinator may also notify local law enforcement in cases that may constitute criminal behavior. Procedures for Complaints: Employees Every staff and faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter immediately to the Title IX Coordinator. If an employee believes that he or she has been discriminated against or harassed on the basis of sex, that employee should report the alleged incident to his or her supervisor or the Title IX Coordinator by utilizing the following process: Employees should report any incident in which they believe they have been a victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (I 5) working days after the alleged incident. 3.1.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days a?er receiving the initial complaint. 3.1.3. The Title IX Coordinator may direct interim measures to ensure the safety and well-being of the complainant and the work/school community while any investigation of the complaint is in progress. 3.1.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.1.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.1.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.1.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.1.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.1.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator, the party shall have the right to appeal the decision, in writing, to the President, or designee, no later than ??een (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.1.10. The President, or designee, shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.1.11. The President, or designee, will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.1.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. The Title IX Coordinator will inform any employee making a sexual harassment complaint of counseling and other internal and/or external resources available. If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor, the employee may directly contact the Title IX Coordinator and proceed through the steps outlined in the internal grievance procedure. If the Title IX Coordinator is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the Title IX Coordinator, the employee may directly contact the Director of Equity and Diversity and proceed through the steps outlined in this policy. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that an employee (whether faculty, adjunct faculty, or staff, including individuals providing contract services to the College) engaged in sexual harassment, the employee may be terminated for cause according to the most current version of Northem?s Termination Policy in the respective Northern Policy Handbook. An employee may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. If an employee believes alleged sexual harassment constitutes a criminal offense, the employee should consider reporting the conduct to appropriate law enforcement of?cials. 3.2. Procedures for Complaints: Students If any student believes that he or she has been discriminated against or harassed on the basis of sex, that student should report the alleged incident to the Title IX Coordinator. The Title IX Coordinator will conduct a thorough investigation and provide the student with a written noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter immediately to the Title IX Coordinator. The Title IX Coordinator will inform any student making a sexual harassment complaint of counseling, academic, and other resources available at Northern and in the community. Students should report any incident in which they believe they have been victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (I 5) working days a?er the alleged incident. 3.2.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.2.3. The Title IX Coordinator may direct interim measures to ensure the safety and well-being of the complainant and the school community while any investigation of the complaint is in progress. 3.2.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.2.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.2.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.2.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.2.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.2.9. If either of the parties to the investigation is unsatisfied with the decision made by the Title IX Coordinator, the party shall have the right to appeal the decision, in writing, to the President, or designee, no later than ??een (15) working days a?er issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.2.10. The President, or designee, shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.2.1 1. The President, or designee, will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is final. 3.2.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that a student engaged in sexual harassment, the student will be subject to the Disciplinary Actions and Sanctions as provided in the most current version of the Northern Student Handbook. Sanctions may include, and are not limited to: probation; withholding of grades, transcripts, or degrees; restitution; suspension; and expulsion. The sanction imposed is determined by the severity of the infraction. A student may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. Northern New Mexico College?s Title IX grievance policy and procedures shall be reviewed biennially to ensure Title IX compliance with all applicable laws, rules, policies, procedures, etc. The college is committed to thoroughly, reliably, and impartially investigating complaints of alleged sexual harassment and taking action to stop the harassment, prevent further harassment, and remedy the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially, with con?dentiality and respect for the rights of all individuals involved. lnfonnation related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. Northern will take steps to investigate any complaint or report of sexual harassment consistent with a request for con?dentiality, and must weigh a request for con?dentiality with responsibility to provide a safe, non-discriminatory environment for students and employees. It may be necessary in appropriate cases to explain that con?dentiality may not be ensured. The President, or designee, will be the ?nal authority on releasing any information or documents to a speci?c case. All investigative ?les will be maintained and controlled by the Title IX Coordinator. UNITED STATES DEPARTMENT OF EDUCATION REGION ARIZONA OFFICE FOR CIVIL RIGHTS COLORADO NEW MEXICO 1244 SPEER BLVD, SUITE 310 UTAH DENVER, co 80204-3582 wvommc January 3, 2013 Dr. Nancy Barcel?, President Northern New Mexico College 921 N. Paseo de O?ate Espa?ola, New Mexico 87532 RE: Northern New Mexico College Case Number 08-1 1-2125 On November 29, 2012, we received the College's most recent monitoring report (updated on January 2, 2013, by e-mail) of compliance with Action Steps in the Resolution Agreement signed on January 31, 2012. Our review and analysis of the College's progress in complying with the Agreement is summarized below. The terms of the Agreement relevant to this response are provided below in italics for your reference. ACTION STEPS 0 Title IX Grievance Procedures 1. By March I, 2012, the College will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title [X?s implementing regulation at 34 C.F.R. The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following: . . . The College provided its revised ?Title IX Grievance Policy,? including a notice of non- discrimination, the designation and contact information for the College?s Title IX coordinator, and procedures for employees and students can use to ?le complaints of discrimination under Title IX. We reviewed the Procedures for compliance with the Agreement, the applicable regulation at 34 C.F.R. the Department?s ?Revised Sexual Harassment Guidance (January 2001 and the Assistant Secretary?s Dear Colleague Letter of April 4, 2011, c0pies of which were provided the College?s representative. The Procedures address sexual harassment and point out that the Procedures apply to all discrimination based on sex or gender (that is. any act prohibited by the Title IX regulations? see, 34 C.F.R. sexual harassment (including sexual assault and other sexual criminal offenses) is one kind of prohibited sexual discrimination or different treatment based on sex or gender. The Procedures comply with the guidance quoted in the preceding paragraph and the Resolution Agreement. Item #1 and the first part of item #3 of the agreement are complete. In the next monitoring report we anticipate the College will report and document completion of items #2 and The publication requirement of the last sentence of item #3 should now be completed and reported in the next monitoring report. We note that, typically, the notice The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 of 2 requirement of 34 CPR. 106.9 is satis?ed with prominent notices (separate from non- discrimination policies and grievance procedures) published on school bulletin boards, websites, catalogs, student and employee handbooks, and the like (see, Item #4 of the Agreement). Follow-up Reporting By February 20, 2013, please provide the following in the College?s next monitoring report: I. The Title IX Coordinator?s revised job description (Item 2. Documentation that the training required by Item #6 has been completed. I am available to coordinate with the Title IX Coordinator on the requirements of the training or any element of the Agreement. The memorandum (or other written guidance) required by Item 4. A status report on the development of the training required by Item We understanding ?nalization of that training program had to await approval of the revised Policy and Procedures. 5. Documentation of the informational session envisioned by Item #9 and con?rmation of the way it has been integrated into the student orientation program. We understand that necessary revisions to the pamphlet provided in conjunction with this program had to await approval of the revised Policy and Procedures. Please con?rm any training of students that is completed in accordance with the Agreement provided at the beginning of the fall 2012 and spring 2013 semesters (provide a copy of the materials used, the name and quali?cations of the person providing the training, and the context in which the training was provided?e.g., as part of new student orientation). We recognize that the College?s compliance with the requirements of the Agreement was hampered by the absence of a Title IX Coordinator for a period of several months. Now we encourage the College to recognize the importance of moving forward expeditiously with execution of the Agreement to achieve compliance with Title IX and the regulations which implement its requirements. We also understand that some items not discussed in the list above need to await completion of others and we will anticipate reports of those items in future monitoring reports. At this time Items #10, #11, #12, and #13 are complete and Items #3 and #7 are partially complete. We sincerely appreciate your continued cooperation and welcome the appointment of Mr. Bernie Padilla as the College?s Title IX Coordinator as we work to successfully complete the requirements of the agreement to achieve compliance with the mandate of Title IX. Please do not hesitate to me at (303) 844-6299 or or at (303) 844-4821 if you have any questions or concerns. Sincerely, James D. Long, Jr. Senior Attorney POSSIBLE REMEDIES 0 Possible remedial measures might include: Counseling or disciplining the harasser Personal and/or academic remedies for the victim - Development of new policies or procedures POSSIBLE TOOLS FOR PREVENTION Periodic, in-depth training for students, faculty and staff Information on the nature of sexual harassment as distinguished from protected speech - The damage that results from harassment 0 Where students can find help - Ways to oppose harassment and what to do about it POSSIBLE TOOLS FOR PREVENTION, cont?d. Require employees to report harassment Encourage students to notify college or university of harassment Periodic assessment of college or university climate, with follow up as appropriate RESOURCES - Resources for Addressing Sexual Harassment 1 Guidance on grievance procedures RESOURCES, cont?d. Bernie Padilla Title IX Coordinator NNMC Human Resources Of?ce 921 Paseo de Onate Espanola NM 87532 505-747-2160 Bernie.Padilla@nnmc.edu NMC Policy on Harassment It is the policy of the NN MC to comply with all applicable state and federal laws regarding non-discrimination in employment and educational programs and services. NNMC will not discriminate illegally on the basis of sex, race, religion, national origin, disability, or age as to employment or educational programs and activities. SEXUAL HARASSMENT Title IX does not prohibit discrimination on the basis of sexual orientation. Gay and lesbian students are protected from sexual harassment harassment based on sex) the same as other students. UNWELCOME SEXUAL CONDUCT 0 In order to constitute sexual harassment, the conduct must be unwelcome. FIRST CONSIDERATIONS - Title IX is intended to protect students from discrimination, not to regulate the content of speech. - Regulations consistent with the requirements of the First Amendment and all actions taken must comport with the First Amendment. EMPLOYEE HARASSMENT 0 A university is responsible for sexually harassing conduct by an employee when: - The employee engages in the conduct in the context of carrying out responsibilities for providing benefits and services; and The harassment denies or limits the student?s ability to participate in or benefit from the program. ENIPLOYEE HARASSMENT, cont?d. - An employee (acting in the context of his/her responsibilities): - conditions the provision of an aid, bene?t, or service that an employee is responsible for providing on a student?s submission to sexual conduct, or bases an educational decision on the student?s submission to unwelcome conduct of a sexual nature. EMPLOYEE HARASSNIENT, cont?d. HOSTILE ENVIRONNIENT Unwelcome conduct based on sex and of a sexual nature by an employee (acting in the context of his/her responsibilities), that is sufficiently serious to deny or limit a student?s ability to participate in or benefit from the college or university?s program. EMPLOYEE HARASSMENT, cont?d. 0 In cases of harassment by employees in the context of their responsibilities to provide aid, bene?ts, or services to students, a school is responsible for remedying the effects of the harassment on the victim, ending the harassment, and preventing its recurrence. HOSTILE ENVIRONMENT CREATED BY PEER OR THIRD PARTY A hostile environment might also be created by another student, an outside or third party, or an employee acting outside the context of his/her responsibilities for providing aid, bene?ts, or services to students. - In these cases, a school has a duty, upon notice of harassment, to take prompt and effective action to stop the harassment and prevent its recurrence. DENIES LIMITS To determine whether the conduct denies or limits bene?ts or services, consider: - The conduct from both a subjective and objective perspective Whether conduct is suf?ciently serious - All relevant circumstances DENIES OR LIMITS, cont?d. - How and to what extent the conduct affected the student?s education Type, frequency and duration of the conduct DENIES OR LINIITS, cont?d. - Other incidents of harassment Number of students involved as harassers, as victims - Relationship/roles of the parties Location of incidents RESPONSE Once a school has notice of possible sexual harassment, it should take immediate and appropriate steps to investigate or otherwise determine what occurred; and take prompt and effective steps reasonable calculated to end any harassment. - What constitutes a reasonable response to information about possible sexual harassment will differ depending on the circumstances. RESPONSIBILITIES If the school determines sexual harassment has occurred, it should take reasonable, timely, age-appropriate, and effective corrective action, including steps tailored to the specific situation. 1:10pm Advisors - 5:00pm 3 Ambassadors Registration - - additional staff Financial Aid (WHO) Financial of?cers. Business Of?ce Student 11) Of?ce (WHO) Admissions Available in Of?ce Student email set-up Bookstore presentation Admin 104 Three forty ?ve minute Sessions Session 1 1:15-2:00 pm Session 2 2:15 3:00 pm Session 3 3:15-4:00 pm ?(bxex SW (bxe); lT set up Projector and Screen Visit our Informational Tables - NNMC departments, Student Resources, and vendors At the end show your Student ID and Card signed or stamped to the Welcome table This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify NNMC immediately by return e?mail and permanently delete this transmission, including any attachments. 'ss13 an ardent/Board Secretary Northern New Mexico College 921 Paseo de Onate Espanola, NM 87532 Phone: (505) 747-2140 Fax: (505) 747-2170 You received this message because you are subscribed to the NNMC Groups group. Unfortunately, this e-mail is an automated noti?cation. which is unable to receive replies. SEXUAL HARASSMENT and SEXUAL VIOLENCE Northern New Mexico College Title IX Student Orientation January 10, 2013 STUDENT ORIENTATION OBJECTIVE To provide basic information on sexual harassment/sexual violence for students To explain law dealing with sexual harassment To provide strategies to prevent harassment and for dealing with it when it occurs KNOW YOUR RIGHTS - Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School. POSSIBLE EFFECTS OF SEXUAL HARASSNIENT Jeopardize students? academic achievement Undermine their physical and emotional well-being CONDUCT OF A SEXUAL NATURE Determining whether conduct is of a sexual nature is very fact speci?c, but examples may include: Unwelcome sexual advances Requests for sexual favors Comments about an individual?s body, sexual activity or sexual attractiveness Sexually suggestive touching, leering, gestures, sounds, comments, or displays of sexually suggestive objects CONDUCT OF A SEXUAL NATURE, eont?d. Conduct that is also criminal in nature such as: - Rape Sexual assault - Sexually motivated stalking HARASSMENT BY PERSON OF SAME SEX Sexual harassment is prohibited regardless of the sex of the harasser or the victim, sexual harassment may occur if the harasser and the victim are the same sex. For Title IX to apply, the discrimination must be based on sex, even where the harasser and victim are the same sex. Of?ce of Human Resources NORTHERN New Mexico College February 20. 2013 James D. Long Senior Attorney US. Department of Education Of?ce of Civil Rights 1244 Speer Blvd. Suite 310 Denver. 80204-3582 RE: Northern New Mexico College Case Number 08-11-2125 This letter is in response to the Resolution Agreement between Northern New Mexico College (Northern) and the Of?ce of Civil Rights (OCR) signed on January 31, 2012. Below you will ?nd Northem?s response and updated monitoring report regarding the terms of the agreement and letter dated January 3, 2013. ACTION STEPS 0 Title IX Grievance Procedures 1. By March 1,2012, the College will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title IX '3 implementing regulation at 34 C.F.R. The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the folio wing: Northern has previously provided to the OCR its ?nal draft "Title IX Grievance Policy." including a notice of non-discrimination. the designation and contact information for Northem's Title IX coordinator. and procedures that employees and students can use to ?le complaints of discrimination under Title IX. Northern received approval of its Title IX Grievance Policy from the Northern New Mexico College Board of Regents on January 24. 2013. FOLLOW-UP REPORTING l. The Title IX Coordinator's revised job description (Item Enclosed are Northem?s Title IX Coordinator duties and responsibilities. (Attachment A) 921 Paseo de O?ate Espa?ola. NM 87532 Ph: 505 747.2160 Fax: 505 747.5483 PO. Box 160 El Rito. NM 87530 . Ph: 575 581.4100 Fax: 575 581.9156 Northern is an equal opportunity and af?rmative action employer. Documentation that the training required by Item #6 has been completed. Northem?s Title IX Coordinator has completed the Association of Title IX Administrator?s Title IX Coordinator and Administrator Training and Certi?cation Course. (Attachment B) The memorandum (or other written guidance) required by Item 7. Northem?s President has sent out a letter to all faculty and staff in this regard as well as the newly approved Title IX Grievance Policy. (Attachment C) A status report on the development of the training required by Item 8. We understand ?nalization of that training program had to await OCR 's approval of the revised Policy and Procedures. Now that the Title IX Grievance Policy has been approved and disseminated the Title IX Coordinator will begin the development of a comprehensive Title IX training program to ensure that staff and faculty will receive adequate training in this regard. The Title IX Coordinator will seek assistance as needed from OCR to ensure this program complies with the Resolution Agreement. Documentation of the informational session envisioned by Item #9 and confirmation of the way it has been integrated into the student orientation program. We understand that necessary revisions to the pamphlet provided in conjunction with this program had to await OCR 's approval of the revised Policy and Procedures. Please con?rm any training of students that is completed in accordance with the Agreement provided at the beginning of the fall 2012 and spring 2013 semesters (provide a copy of the materials used, the name and qualifications of the person providing the training, and the context in which the training was pro vided-e. as part of new student orientation). Title IX Sexual Harassment and Sexual Violence Trainings were conducted in August 2012 and January 2013. during Student Orientation Training. The trainings were conducted by Bernie Padilla, Northern?s Director of Human Resources/Title IX Coordinator. Now that the Title IX Policy has been approved Northern will incorporate the provisions of the policy to future Student Orientation Trainings. (Attachment D) It is Northern's intent to comply with the requirements of the Resolution Agreement and Title IX. We will continue to work closely with the OCR to ensure completion of said agreement. We appreciate the patience and assistance that you have provided us during this period of transition. We look forward to working with you now and in the future. If you have any questions or need additional information please feel free to contact me at (505) 827-2l60. Thank you. Bernie Padilla. SPIIR Title IX Coordinator cc: Dr. Nancy Barcelo. President Attachments 921 Paseo de O?ate Espa?ola, NM 87532 Ph: 505 747.2160 Fax: 505 747.5483 P.O. Box 160 El Rito, NM 87530 Ph: 575 581.4100 Fax: 575 581.9156 Northern is an equal opportunity and af?rmative action employer. Attachment - A Northern New Mexico College Title IX Coordinator Duties and Responsibilities Pursuant to Title IX of the Educational Amendments of 1972 and 34 .F .R. Part 106. Northern New Mexico College?s Title IX Coordinator is the designated agent of the College with primary responsibility for coordinating Title IX compliance efforts. The Title IX oordinator?s responsibilities are critical to the development. implementation. and monitoring of meaningful efforts to comply with Title IX legislation. regulation. and case law. In broad terms. the Title IX Coordinator oversees monitoring of policy in relation to Title IX law developments; implementation of grievance procedures. including noti?cation. investigation and disposition of complaints: provision of educational materials and training for the campus community: conducting and/or coordinating investigations of complaints received pursuant to Title ensuring a fair and neutral process for all parties; and monitoring all other aspects of the College's Title IX compliance. Title IX Coordinator is: Bernie E. Padilla, SPHR Director of Human Resources 921 Paseo de O?ate Espanola. NM 87532 Phone: (505) 747-2160 Email: Bernie.Padilla@nnmc.edu Duties and responsibilities related to the Coordination of Title IX compliance efforts include, but are not limited to: 1.) Noti?cation and Education; ?r prepare and disseminate educational materials. including brochures and web-based materials that inform members of the campus community of Title IX rights and responsibilities. to the campus community ?r coordinate training for students about their rights under Title IX and grievance procedures ?r coordinate in-service training for all employees concerning Title IX policy 2.) Consultation, Investigation, and Disposition; ?r receive and process. in a timely manner. inquiries from students. faculty. staff. and administrators regarding rights and responsibilities concerning harassing behavior or other discriminatory behavior in violation of Title IX ?r receive and process. in a timely manner. inquiries from third parties who report suspicion of harassing behavior or other discriminatory behavior in violation of Title IX 'r ensure compliance with Title IX Grievance Policy and Procedures ?r follow-up with parties regarding implementation of recommendations contained in disposition; seek assistance from parties? supervisors. if necessary to implement recommendations ?r monitor compliance of all requirements and time-lines specified in the complaint/grievance procedures 3.) Institutional Monitoring and Compliance Assurance; ?r train staff responsible for implementing grievance procedures ?r coordinate and monitor Title IX efforts with other College of?ces as needed, including but not limited to Human Resources. Student Services. Safety and Security, Diversity and Equity. and Athletics ?r organize and maintain grievance ?les. disposition reports. and other compiled records regarding complaints of sexual harassment and other discriminatory practices. including annual descriptive reports of number and nature of ?led complaints and disposition of complaints remain knowledgeable of current state and federal law and regulations and trends in the ?eld of education related to harassment and other discriminatory practices that violate Title IX I maintain professional quali?cation through ongoing training and professional development from accredited training programs ?r monitor related policy and procedures to ensure compliance with state and federal law and regulations ?r serve as a liaison of?cer to state and federal government compliance or investigation of?cers 4.) Advising President and Vice Presidents; ?r provide ongoing consultation regarding Title IX requirements. grievance issues. and compliance programs to the President and Vice-Presidents ?r report directly to the Vice-President level of administration (where there is no con?ict of interest) to assist in resolution of complex harassment and discrimination cases. with a direct line to the President in situations that may present a con?ict of interest for the Vice Presidents or for matters that require direct advisement of or involvement by the President 'r The Title IX Coordinator may request. with consultation with the Vice President of Finance and Administration, the hiring of outside qualified persons to investigate harassment and discrimination cases in the event of a con?ict of interest or for any other reason deemed appropriate. Academic and administrative units shall cooperate with Title IX Coordinator to obtain access to information necessary to investigate and enforce compliance requirements 5.) Annual Report to College President and Board of Regents; ?r The Title IX Coordinator will prepare annual statistical reports on the incidence of sexual harassment. No information that identifies individuals will be reported in the annual statistical reports. Attachment - new)t?gg? 13:33? 3? ?94:;34 p333) .5. p131 A1331 A135: A A3134 ,Ozstoia fit-ya raga most a 2x tans 6.3.3 rams mum? AS- 33% 3:233 33a ?33 34:3 Art: I H, . a. O?l?dertifirate at ?Eampletitm Adm-n mumAunt tallun at [lilo This certi?cate is awarded to BERNIE PADILLA I s\ a in recognition of successfully completing the CAMPUS TITLE IX COORDINATOR AND ADMINISTRATOR TRAINING CERTIFICATION COURSE JANUARY 28-31, 2013 LAS VEGASv.v'o.o O. ?g 0 0.. I- Brett A. Sokolow, Esq. Executive Director. ATIXA $31.9 $551.9 $531.31 5: 8?3ng 8.35;! 9333/ 935137 8.33159 933:}? eggy . . . . . . V?xgzz? Y?vxqv p?tgo' . q: 5: TITLE IX COORDINATOR AND ADMINISTRATOR TRAINING CERTIFICATION COURSE ?r Association of Title Administrators January 28?? 31?, 2013 LAS VEGAS, NV Presented by: W. Scott Lewis, J.D. Saundra K. Schuster, J.D. Brett A. Sokolow, J.D. Daniel C. Swinton, J.D., COURSLAGENDA MONDAY: 3.12.8.? 7:30am 8:30am Course Registration/Continental Breakfast Locations: Ballroom Foyer Salons Ill and IV 8:30am - 4:30pm Session Location: Salon I 8:30am Noon Presented by Brett A. Sokolow Saunie K. Schuster I Welcome I Overview of Title IX I Victim?s Rights I Title IX legal standards and case law I Actual notice I Deliberate indifference I Title IX OCR investigations and enforcement I April 4, 2011 Dear Colleague Letter I Prior OCR Guidance I Upcoming OCR Guidance I Jurisdiction Noon 1:00pm Lunch on Your Own 1:00pm - 4:30 pm Presented by Brett A. Sokolow Saunie K. Schuster I Contact for government inquiries I Point person for campus complaints I Creator and implementer of appropriate policy I Assurance of Amendment protections I Prevention and remediation of gender discrimination I Prevention and remediation of sexual harassment I Prevention and remediation of sexual assault I Prevention and remediation of stalking I Prevention and remediation of intimate partner and relationship violence I Prevention and remediation of bullying and cyberbullying I Oversight and coordination of prompt and equitable grievance procedures 7:30am - 8:30am Continental Breakfast Location: Salons Ill IV 8:30am - 6:00pm Session Location: Salon I 8:30am - Noon Presented by W. Scott Lewis Saundra K. Schuster I Supervisor of the interaction of Title IX and VII coordinator and inter?relation I Supervisor of investigations I Compliance auditor I Trainer or convener of broad training requirements for employees, boards, investigators and appeals officers I Coordinator of the interaction of multiple student and employee grievance processes I Section 504 Disabilities Compliance Oversight I Oversight of athletics gender equity I Assurance of equitable remedies for discrimination I Prevention and remediation of retaliation I Prevention of recurrence and assurance of compliance with sanctions I Interaction with OCR investigations and compliance with resolution agreements I Stalking I Relationship violence I Bullying I Sexual harassment I Sexual assault I Policy I Definitions of misconduct I Retaliation I Prompt timeframes for resolution I Evidentiary standards I Appeals Noon - 1:00pm Lunch On Your Own 1:00pm - 6:00pm Presented by W. Scott Lewis 8: Saundra K. Schuster I Who should investigate? I Should there be more than one investigator? I Should the investigator interview witnesses, gather evidence, or do more? I What kind of notes should be kept? I How is a decision rendered? I What happens after the decision? I How is notice given to the accused individual? - I What is the gatekeeping function, and why is it essential? I How is investigation different in HR contexts than in student conduct contexts? I What is the role of campus law enforcement in civil rights investigations? I What is the appropriate standard of proof? I Is a hearing necessary? I What role does the investigator play in an eventual hearing? I How important is the creation of an investigation report? I How does this model alter the current student conduct model used to address sexual assaults, stalking, intimate partner violence, etc.? I How does this model meet due process and/or collective bargaining requirements of procedural fairness? I Why does this model work better than other models of resolution? 6:00pm - 7:00pm ATIXA Welcome Reception Location: The Pavilion WEDNESDAYLJANUARY 30Iii 7:30am - 8:30am Continental Breakfast Location: Salons Ill IV 8:30am - 4:30pm Session Location: Salon I 8:30am - Noon Presented by Brett A. Sokolow W. Scott Lewis I Strategizing when to interview parties and witnesses I Timeline and timeliness (promptness) I Sequestering witnesses I Interview skills I Evidence collection, custody and issues of concurrent criminal action I Evaluation of evidence Note-taking, recordkeeping and report writing How to make a finding Witness lists and flowcharts Keeping policy and procedure copies Confidentiality (privacy) of process Due process for all parties Appeals Equity by and through the process Focus on remedies Assessing relevance and credibility Investigation records as smoking guns in litigation Deliberate indifference Actual v. constructive notice Preponderance standard Informal and formal resolution options Retaliation Noon - 1:00pm Lunch on Your Own 1:00pm 4:30pm Presented by Brett A. Sokolow W. Scott Lewis Investigations Continued IHURSDAY, JANUARY 8:30am - 2:00pm Session Location: Salon I 8:30am - 10:003m Presented by Saundra K. Schuster Disability role of the Coordinator Anti-discrimination provisions of Section 504 How Rehabilitation Act functions How 504 differs from the ADA How OCR enforces it 10:153m 11:30am Presented by W. Scott Lewis I Title IX and Athletics I Definition, History, Enforcement I What is Title IX in relation to Athletics? I Title IX Statute and parity I Which Schools Must Comply? I Office of Civil Rights, the NCAA and sports I Title IX Compliance Requirements I Effective accommodation of interests abilities I Financial aid I Treatment of student?athletes I Coordinating Institutional and Athletic Department Oversight I Reviewing the numbers annually I Developing and modifying the Title IX compliance plan I Title IX Retaliation I New cause of action I Litigation growing nationally I Analysis of Jackson v. Birmingham Board of Education case I Current and Future Issues I Other recent cases 11:30am - Noon Lunch On Your Own/Pick up Lunch Noon - 2:00pm I I Case Study, time permitting COURSE QQLIX W. Scott Lewis, 1.0. is a partner with The NCHERM Group, LLC and the current president of the National Behavioral Intervention Team Association. He is a founder of ATIXA and a member of its advisory board. He formerly served as the Assistant Vice Provost at the University of South Carolina. Scott brings over fifteen years of experience as a student affairs administrator, faculty member, and consultant in higher education. He is a frequent keynote and plenary speaker, nationally recognized for his work on behavioral intervention for students in crisis and distress. He is noted as well for his work in the area of classroom management and dealing with disruptive students. He presents regularly throughout the country, assisting colleges and universities with legal, conduct, and risk management issues, as well as policy development and implementation. He serves as an author and editor in a number of areas including legal issues in higher education, campus safety and student development, campus conduct board training, and other higher education issues. He is a member of NASPA, ACPA, CAI, SCCPA, and serves on the Board of Directors for ASCA as its Past-President. He did his undergraduate work in and his graduate work in Higher Education Administration at Texas University and received his Law degree and mediation training from the University of Houston. Saundra K. Schuster, 1.0. is a partner with The NCHERM Group, LLC. She is a founder of ATIXA and a member of its advisory board. She was formerly General Counsel for Sinclair Community College in Dayton, Ohio, and Senior Assistant Attorney General for the State of Ohio in the Higher Education Section. Saunie is a recognized expert in preventive law for education, notably in the ?elds of Sexual Misconduct, First Amendment, Risk Management, Student Discipline, Campus Conduct, Intellectual Property and Employment Issues. Prior to practicing law, Saunie served as the Associate Dean of Students at The Ohio State University. Saunie has more than twenty-five years of experience in college administration and teaching. She frequently presents nationally on legal issues in higher education. Saunie holds Masters degrees in counseling and higher education administration from Miami University, completed her coursework for her at Ohio State University, and was awarded her juris doctorate degree from the Moritz College of Law, The Ohio State University. She is the current president of the National Behavioral Intervention Team Association Brett A. Sokolow, 1.0. is a higher education attorney who specializes in high-risk campus health and safety issues. He is recognized as a national leader on campus sexual violence prevention, response and remediation. He is the founder, president and CEO of The NCHERM Group, LLC, which serves as legal counsel to 35 colleges and universities. Brett is the Executive Director of ATIXA. He frequently serves as an expert witness on sexual assault and harassment cases, and he has authored twelve books and more than 50 articles on campus safety and sexual assault. The NCHERM Group has consulted with more than 3,000 college campuses. He has provided strategic prevention programs to students at more than 2,000 college and university campuses on sexual misconduct and alcohol. He has authored the conduct codes of more than seventy-five colleges and universities. The ATIXA Model Sexual Misconduct policy serves as the basis for policies at hundreds of colleges and universities across the country. The NCHERM Group has trained the members of more than 700 conduct hearing boards at colleges and universities in North America. ATIXA has certified more than 2,000 school and campus Title IX Coordinators and civil rights investigators. Additionally, Sokolow serves as the Executive Director of the National Behavioral Intervention Team Association (m_r_ia_b_it_aqrg), and is a Directorate Body member of the ACPA Commission on Student Conduct and Legal Issues. He serves on the advisory boards of the National Hazing Prevention Collaborative and the NASPA Enough is Enough Campaign. He is a 1993 graduate of the College of William and Mary and a 1997 graduate of the Villanova University School of Law. Daniel Swinton, is Senior Executive Vice President of The NCHERM Group, LLC and Associate Executive Director of ATIXA. Prior to that, he served as Assistant Dean and Director of Student Conduct and Academic Integrity at Vanderbilt University. He received his Bachelor?s degree from Brigham Young University, his law degree (J.D.) from the J. Reuben Clark Law School at BYU, and a doctorate in higher education leadership and policy from Vanderbilt University?s Peabody College. He is a member of the Tennessee State Bar. He has presented nationally on issues such as sexual misconduct on college campuses, legal issues in student affairs and higher education, student conduct policies and procedures, mediation and behavioral intervention teams. Daniel also served as president of the Association for Student Conduct Administration (ASCA) in 2010-2011. Attachment - Of?ce of the President, Dr. Nancy ?Rusty?Barcel? NORTHERN New Mexico College February 18, 2013 Dear Staff, Faculty and Students: This letter is to inform you that the Board of Regents approved Northern?s Title IX Grievance Policy at its January 24, 2013, meeting. The attached policy addresses complaints of sex discrimination (including sexual Harassment, sexual assault and sexual violence), as required by Title implementing regulation at 34 C.F.R 106.8 The policy provides for prompt and equitable resolution regarding complaints alleging sex discrimination. The policy includes: 0 what constitutes sexual misconduct; contact information for the College?s Title IX Coordinator; procedures for ?ling a complaint; steps that will be taken when a complaint is ?led; appeal processes; and possible sanctions/disciplinary action. We will be conducting Title IX trainings in the future to ensure that students, faculty, and staff are familiar with the policy. Please be aware that Northern is committed to thoroughly investigating complaints of alleged harassment. Equally important, the College is committed to taking the actions necessary to stop the harassment and make a faithful effort to prevent future occurrences. Be assured that any investigations under this policy will be conducted impartially and with a sincere regard for confidentiality for all parties involved. Information related to harassment claims will be released consistent with applicable laws. If you have questions or need additional information please contact Bernie Padilla, Director of Human Resources/Title IX Coordinator at (505) 747-2160. Sincerely, Dr. Nancy ?Rusty? Barcelo President 921 Paseo de O?ate Espa?ola, NM 87532 Ph: 505 747.2140 Fax: 505 747.2170 PO. Box 160 El Rito. NM 87530 Ph: 575 581.4145 Fax: 575 581.4140 Northern is an equal opportunity and af?rmative action employer. 1320 Title IX Grievance Policy l. 1. Title IX Policy Statement Northern New Mexico College (Northern) is committed to providing equal access to educational and employment opportunities regardless of race. color. religion. national origin. physical or mental disability. pregnancy. age. sex (including sexual harassment). sexual preference. gender identity. ancestry. spousal affiliation or medical condition. We are committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of Northem?s employees. contractors. vendors or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This policy also applies to individuals conducting business within the college. The Director of Human Resources serves as Northem?s Title IX Coordinator and is the designated individual on campus for assuring compliance with all College policies. state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Office is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola. New Mexico. The Title IX Coordinator can be reached at 505-747-2160 during regular business hours (8:00 am. 5:00 pm. Monday through Friday) and via email to HR@.nnmc.edu. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northern. The following procedures will apply to all complaints of sex discrimination (including sexual harassment. sexual assault. and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint. testified or participated in any proceedings under Federal or State law. Retaliation against an employee or student for ?ling a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. 2. De?nitions Examples of Sex Discrimination Sexual harassment is a kind of discrimination based on sex. Sexual harassment includes any unwelcomed sexual advances or requests for sexual favors: and other unwelcomed conduct of a sexual nature constitutes prohibited sexual harassment when: 0 submission to such conduct is made. either explicitly or implicitly. a term or condition of an individual's employment or academic advancement: 0 submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual: 0 such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating. hostile. or offensive working or academic environment; or a supervisor or faculty member fails to take corrective action when he or she knows, or reasonably should have known, that a subordinate employee or a student is being subjected to sexual harassment. Conduct of sexual nature may include, but is not limited to. verbal or physical sexual advances, including subtle pressure for sexual activity; touching. pinching, patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually oriented ?kidding.? "teasing," "double-entendres.? and jokes.? as well as any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated. either verbally or by his or her conduct. that it is unwelcome. An employee or student who has initially welcomed such conduct by active participation must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Examples of sexual harassment which shall not be tolerated include but are not limited to: suggestive or obscene letters, notes, invitations. derogatory comments, epithets, slurs or jokes. 0 impeding or blocking movements, touching, or any physical interference with normal work, 0 sexual oriented gestures, displaying sexually suggestive or derogatory objects. pictures, cartoons, or posters (the situation will be evaluated for appropriateness such as art displayed in museums versus centerfold in of?ce setting), 0 threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments. grades, promotions or transfers, change of assignments, or poor performance rev1ews. Northern disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above de?nition of sexual harassment and which has a detrimental but limited impact on the work and/or educational environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct shall be strongly and actively discouraged by responsible supervisors and faculty members. While sexual harassment most o?en takes place in a situation of power differential between the persons involved. this policy also recognizes that sexual harassment may occur between persons of the same status: student-student, faculty-faculty, staff-staff. The prohibition of sexual harassment applies regardless of the status or genders of the parties. Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades. wage increases, recommendations for graduate study, promotion. and the like. a teacher or supervisor can have a decisive in?uence on a students or employee's success and future career at Northern and beyond. 3. Procedures for ?ling a complaint of sex discrimination A person who believes he or she may have experienced sex discrimination or harassment may report the incident to any of the following: 0 his or her supervisor, and/or the Title IX Coordinator Disputes involving work-related allegations of sexual harassment will be resolved by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of resolving the allegations and is available to discuss the incident(s). assist in evaluating whether the conduct appears to be sexual harassment. and explain the options available. such as filing a formal complaint of sexual harassment, etc. In determining whether the alleged conduct constitutes sexual harassment. consideration will be given to the record as a whole and to the totality of the circumstances. including the nature of the sexual advances. and the context in which the alleged incidents occurred. In cases of sexual harassment that may also constitute criminal behavior sexual assault. stalking. etc.). the victim may simultaneously. in addition. file a complaint with local law enforcement authorities. The Title IX Coordinator may also notify local law enforcement in cases that may constitute criminal behavior. Procedures for Complaints: Employees Every staff and faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter immediately to the Title IX Coordinator. If an employee believes that he or she has been discriminated against or harassed on the basis of sex, that employee should report the alleged incident to his or her supervisor or the Title IX Coordinator by utilizing the following process: 3.1.1. Employees should report any incident in which they believe they have been a victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.1.2. The Title IX Coordinator shall conduct a thorough. reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the findings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.1.3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the work/school community while any investigation of the complaint is in progress. 3.1.4. The Title IX Coordinator may gather any evidence available for consideration. may take statements from witnesses. and will permit the parties equal opportunity to submit statements, witnesses. or evidence to be considered in the investigation process. 3.1.5. The Title IX Coordinator will apply the conventional rule of civil litigation. the preponderance of the evidence standard. in determining whether sexual discrimination or harassment occurred as alleged. 3.1.6. Any real or perceived conflict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.1.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.1.8. All documents related to the investigation shall be kept confidential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.1.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator. the party shall have the right to appeal the decision. in writing. to the President. or designee. no later than ?fteen (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.1.10. The President, or designee. shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.1.11. The President, or designee. will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President. or designee. is ?nal. 3.1.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. The Title IX Coordinator will inform any employee making a sexual harassment complaint of counseling and other internal and/or external resources available. If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor. the employee may directly contact the Title IX Coordinator and proceed through the steps outlined in the internal grievance procedure. If the Title IX Coordinator is part of the alleged conduct. or if for some legitimate reason the employee feels uncomfortable about making a report to the Title IX Coordinator, the employee may directly contact the Director of Equity and Diversity and proceed through the steps outlined in this policy. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that an employee (whether faculty. adjunct faculty. or staff. including individuals providing contract services to the College) engaged in sexual harassment. the employee may be terminated for cause according to the most current version of Northem?s Termination Policy in the resmctive Northern Policy Handbook. An employee may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. If an employee believes alleged sexual harassment constitutes a criminal offense. the employee should consider reporting the conduct to appropriate law enforcement of?cials. 3.2. Procedures for Complaints: Students If any student believes that he or she has been discriminated against or harassed on the basis of sex. that student should report the alleged incident to the Title IX Coordinator. The Title IX Coordinator will conduct a thorough investigation and provide the student with a written noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter immediately to the Title IX Coordinator. The Title IX Coordinator will inform any student making a sexual harassment complaint of counseling. academic. and other resources available at Northern and in the community. 3.2.1. 3.2.2. Students should report any incident in which they believe they have been victim of sexual harassment or discrimination to the Title IX Coordinator no later than ??een (15) working days after the alleged incident. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days after receiving the initial complaint. . The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the school community while any investigation of the complaint is in progress. . The Title IX Coordinator may gather any evidence available for consideration. may take statements from witnesses. and will permit the parties equal opportunity to submit statements. witnesses. or evidence to be considered in the investigation process. . The Title IX Coordinator will apply the conventional rule of civil litigation. the preponderance of the evidence standard. in determining whether sexual discrimination or harassment occurred as alleged. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. . If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator. the party shall have the right to appeal the decision. in writing. to the President. or designee. no later than ??een (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. .The President. or designee. shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. .The President. or designee. will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President. or designee. is ?nal. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that a student engaged in sexual harassment. the student will be subject to the Disciplinary Actions and Sanctions as provided in the most current version of the Northern Student Handbook. Sanctions may include. and are not limited to: probation; withholding of grades. transcripts. or degrees; restitution: suspension; and expulsion. The sanction imposed is determined by the severity of the infraction. A student may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. Northern New Mexico College?s Title IX grievance policy and procedures shall be reviewed biennially to ensure Title IX compliance with all applicable laws. rules. policies. procedures. etc. The college is committed to thoroughly. reliably. and impartially investigating complaints of alleged sexual harassment and taking action to stop the harassment. prevent further harassment. and remedy the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially. with con?dentiality and respect for the rights of all individuals involved. Information related to the investigation will be released only on a need-to- know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. Northern will take steps to investigate any complaint or report of sexual harassment consistent with a request for con?dentiality. and must weigh a request for con?dentiality with responsibility to provide a safe. non-discriminatory environment for students and employees. It may be necessary in appropriate cases to explain that con?dentiality may not be ensured. The President. or designee. will be the ?nal authority on releasing any information or documents to a speci?c case. All investigative ?les will be maintained and controlled by the Title IX Coordinator. Attachment - Bernie Padilla From: Sent: To: Subject: Attachments: Wednesday, January 09, 2013 4:53 PM broadcast Fwd: New Students Orientation Agenda January 10, 2013 NSO Final Agenda.docx New Student Orientation Agenda January 10, 2013 Center for Fine Arts Morning AD Commons Area - Lunch Last session and advisement Time 8:30am 9:00am Check-in and packet distribution Performing Arts Building Lobby 3 Ambassadors: Ambassadors are making the calls for Ambassador? Divide up students into Advisement tables Breakfast 9:05am 9:20 am General Session: Welcome and Introduction Performing Arts Theater Dr. Nancy Barcclo 9:25am - 9:45 am Title IX Presentation ?3an Financial Aid 9:45am 10:05am - Registrar ()f?ce 10:05am - 10:20am Student/Academic Support Center for the Arts Building 1 - 10:20am_ Ad? isement 10:35am Accessibility Learning Communities 1 a& -CAMP Accelerate 400(6); I- EOC 6; 70 ?Writing Center 452(6); (W7 Math Learning Center Counseling (bxs); (WHO) Eagles Gymnasium Academic Department Marketing and Recruitment 10:35am - 11:00am Department Chairs Faculty Advisors Campus Tour 3 Student Ambassadors Visit: 11:05am - . . 12:05pm American lndian Center Student Success Center Brenda Presentation Library Presentation Writing Center Math [reaming Center Lunch: Pizza/salad Commons Area in front of bookstore 12:10pm - 1:05pm Academic Advisement/Registration In Advisor?s office 2 UNITED STATES DEPARTMENT OF EDUCATION ?5010? ARIZONA OFFICE FOR CIVIL RIGHTS NEW MEXICO 1244 SPEER BLVD, SUITE 310 DEN VER, CO 80204-3582 WYOMING March 18. 2013 Dr. Nancy Barcelo, President Northern New Mexico College 921 N. Paseo de O?ate Espa?ola, New Mexico 87532 RE: Northern New Mexico College Case Number 08-1 1-2125 On February 22, 2013. we received the College's most recent monitoring report of compliance with Action Steps in the Resolution Agreement signed on January 31, 2012. Our review and analysis of the College's progress in complying with the Agreement is summarized below. The terms of the Agreement relevant to this response are provided below in italics for your reference. ACTION STEPS 2. Within 45 calendar days of written notification ?om OCR, the College will adopt and implement the procedures [referenced in Step and will provide all students and employees with notice regarding the new grievance procedures through print and electronic means designed to ensure broad dissemination. . . . The College reported that approval for its revised Title IX Grievance Policy has been obtained from the College?s Board of Regents on January 24. 2013. On January 18, 2013, the President of the College sent a letter to all staff, faculty. and students. informing them that the Board of Regents approved and adopted the College?s new Title IX Grievance Policy at its January 24, 2013. meeting (we assume the January 18, 2013 date is a typographical error). Please follow up in the College?s next monitoring report and detail how the President?s letter was disseminated and where employees, faculty, and students will be able to ?nd the new Policy (that is not stated in the President?s letter). This publication information is also necessary to determine that Action Item #3 is complete; see, also. Action Item We anticipate Action Items and #4 will be complete with the next report. 5. . . . the lollege will revise thejoh descriptitm and corresponding training requirements ./or its Title IX Coordinator and. as appropriate. any deputy to address the proper handling of'l'it/e IX complaints as outlined in the ('ollege 's Title IX policies and procedures. The College has provided a copy of its newly developed Title IX Coordinator Duties and Responsibilities. This document identifies the current Title IX Coordinator, specifies duties and responsibilities in a number of areas (notification and education: consultation, investigation of complaints. and disposition of them; institutional monitoring and compliance; advising College '1 he Department of Education?s mission is to promote student achievement and preparation for global by fostering educational excellence and ensuring equal access. Page 2 of 3 leadership; and reporting to the Board of Regents). The listing of duties and responsibilities is comprehensive, clear. and complies with Action Item Action Item #5 is complete. 6. . . . the College will schedule Title IX training/or its Title IX Coordinator and any other college com'dinators, o?icials. and administrators who will be directly involved in processing, investigating. and/or resolving complaints ofsex discrimination (including sexual harassment. sexual assault. or sexual violence) and retaliation or who will otherwise coordinate the College 's compliance with Title IX. This training will cover the (.?ollege 's new grievance proceduresfor Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title IX. as well as how the College ?s responsibilities under Title IX and the Clery Act. 20 US. C. 55' differ. The College has documented that the Title IX Coordinator, Mr. Padilla, has completed Title IX Coordinator training offered by the Association of Title IX Administrators. If Mr. Padilla is the only of?cial who ?will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination and retaliation or who ill otherwise coordinate the College?s compliance with Title this item is complete. Please con?rm that in the College?s next monitoring report. If, on the other hand, other College officials will be directly involved in such matters, please provide in the next report the College?s schedule for completing training (may be provided by the Title IX Coordinator) for those personnel. 7. . . . the College will schedule Title IX trainingfor all administrators. professors, instructors, coaches, and other staff who interact with students on a regular basis regarding sex discrimination and harassment, the College ?3 responsibilities under Title IX. and the College new grievance procedure. As part of this training, staff will receive written guidance regarding proper reporting and the impermissibility of retaliation. The training required by Action Item #7 was provided in 2012. The College President?s letter to faculty. staff, and students, dated January 18, 2013, completes the remainder of this item. Action item #7 is complete. 8. . . . the College will develop an annual Title IX training program to ensure that staff and faculty receive adequate training. which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and. faculty are aware of any changes to the law. College policy, and College practices in this area. Now that the College has adopted the required Grievance Policy and Procedures, the College can proceed with completing this item as explained in the monitoring report. Please report on completion of this item. the development ol'thc required Title IX training program. in the College?s next monitoring report. 9. the College will offer an informational session to students during orientation (as part of the annual student orientation/or new and returning students) to inform them about the College 's prohibition against sex discrimination. how and to whom to report any incidents ofsex discrimination (including sexual harassment. sexual assault. and sexual violence). and the Title IX grievance procedures. Page 3 of 3 The College?s monitoring report demonstrates the scheduling and content of the training the Title IX Coordinator has designed and delivered to comply with this requirement. Including the designed information in the College?s student orientation program completes this Action Item with the content provided OCR for review. Action Item #9 is complete. By May I, 2013, please provide the following in the College?s next monitoring report: 1. Documentation of the College?s ?wide publication" ofits revised notice of nondiscrimination, designation of Title IX Coordinator. and Title IX Grievance Policy (Action Item last sentence). This effort can be combined with Action Item #4?8 requirement. since the substantive material for both is combined in the College?s Title IX Grievance Policy. 2. Documentation that the training required by Item #6 has been completed for "any other college coordinators, officials. and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination." (Action Item If there are no others and Mr. Padilla will be the only College of?cial involved in these matters, please con?rm that. 3. A status report on the development of the training required by Item We understanding ?nalization of that training program had to await approval of the revised Policy and Procedures. 4. Documentation that Action Item #14 has been completed. This can be accomplished by a letter to the Complainant with an enclosed copy of the approved and adopted Title IX Grievance Policy. With this letter, Action Items and #9 are now complete, in addition to those listed in our last letter. We sincerely appreciate your continued cooperation and welcome the appointment of Mr. Bernie Padilla as the College?s Title IX Coordinator as we work to successfully complete the requirements of the agreement to achieve compliance with the mandate of Title IX. Please do not hesitate to me at (303) 844-6299 or jim.long@ed.gov or at (303) 844-4821 if you have any questions or concerns. Sincerely. James D. Long. Jr. Senior Attomey 58/97.: Digs/r? Long, Jim ZUI3HAY 3'4 Ali 8: 23 From: Bernie Padilla Sent: Friday, May 31, 2013 4:54 PM To: Long, Jim Cc: Nancy Barcelo Subject: Resolution Agreement Update Attachments: Response to OCR 31 13.pdf Good afternoon Jim. Attached is Northern New Mexico College?s updated monitoring report. If you have questions or need additional information please let me know. Thank Bernie E. Padilla, SPHR Director of Human Resources Northem New Mexico College 921 Paseo de ()nate Espanola. New Mexico 87532 Of?ce Phone: 505-747-2160 Of?ce Fax: 505-747-5483 E-mail: Bernie.Padilla@nnmc.edu Con?dential Notice This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify the sender immediately by return e-mail and permanently delete this transmission, including any attachments. This e-mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify NNMC immediately by return e-mail and permanently delete this transmission, including any attachments. El?x?oo Office of Human Resources 3153/ NORTHERN New Mexico College May 31,2013 James D. Long Senior Attorney US. Department of Education Office of Civil Rights 1244 Speer Blvd. Suite 310 Denver, CO 80204-3582 RE: Northern New Mexico College Case Number 08-11-2125 This letter is in response to the Resolution Agreement between Northern New Mexico College (Northern) and the Office of Civil Rights (OCR) signed on January 31, 2012. Below you will find Northem?s response and updated monitoring report regarding the terms of the agreement and letter dated January 3, 2013. . Title IX Grievance Procedures 1. Within 45 calendar days of written noti?cation from OCR, the College will adopt and implement the procedures [referenced in Step and will provide all students and employees with notice regarding the new grievance procedures through print and electronic means designed to ensure broad dissemination. We have sent out a follow up letter from the President that provides information on where the Title IX Policy can be found and where copies can be obtained. The previous President?s letter was disseminated through an email blast that went out to all Faculty, Staff and Students on February 18, 2013. Additionally, copies of the Title IX Policy and brochure have been and will continue to be, disseminated during Title IX trainings at new student orientations, convocation, staff meetings, etc. We are also including the Title IX Policy in the new hire packets that are presented during employee orientation for all Faculty, Adjunct Faculty and Staff. We are preparing a follow up letter from the President regarding Title that will include speci?cs as to where the policy can be found within our homepage as well as where copies and information can be obtained. Once this process is completed we will submit copies to your office. 921 Paseo de O?ate Espa?ola. NM 87532 I Ph: 505 747.2160 Fax: 505 747.5483 PO. Box 160 El Rito, NM 87530 Ph: 575 581.4100 Fax: 575 581.9156 Northern is an equal opportunity and af?rmative action employer. 2. The College will schedule Title IX training for its Title IX Coordinator and any other college coordinators, of?cials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination (including sexual harassment, sexual assault, or sexual violence) and retaliation or who will otherwise coordinate the College?s compliance with Title IX. This training will cover the College?s new grievance procedures for Title IX complaints and will provide attendees with instruction on recognizing and appropriately addressing allegations and complaints pursuant to Title IX, as well as how the College?s responsibilities under Title IX and the Clety Act, 20 U.S. C. 10920), differ. I am the of?cial Title IX Coordinator for the College and will be the only of?cial at this time who will be directly involved in processing, investigating and/or resolving complaints of sex discrimination and retaliation or who will otherwise coordinate the College?s compliance with Title IX. The College may in the future designate another person to directly assist in this regard and we will notify your of?ce once they have completed the Title IX training. 3. The College will develop an annual Title IX training program to ensure that sta? and faculty receive adequate training, which program could consist of one or more in-depth training sessions or a refresher. The goal of the training will be to ensure that College staff and faculty are aware of any changes to the law, College policy, and College practices in this area. Faculty and staff receive Title IX training at least annually during convocation and during speci?c training sessions. The training consists of the previously provided power point presentation and brochure. In the future we are looking at developing a video training that can be viewed by faculty and staff at their desks as a refresher training. Once this has been developed we will submit copies to your office for review and approval. FOLLOW UP REPORTING 1. Documentation of the College?s ?wide publication? of its revised notice of nondiscrimination, designation of Title IX Coordinator, and Title IX Grievance Policy (Action Item last sentence). This effort can be combined with Action Item #4?s requirement, since the substantive material for both is combined in the College?s Title IX Grievance Policy. (See action step 2. Documentation that the training required by Item #6 has been completed for ?any other college coordinators, of?cials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination.? (Action Item If there are no others and I will be the only College of?cial involved in these matters, please con?rm that. (See Action Step 2) 3. A status report on the development of the training required by Item We understand ?nalization of that training program had to await approval of the revised Policy and Procedures. (See Action Step 3) 921 Paseo de O?ate Espa?ola, NM 87532 Ph: 505 747.2160 I Fax: 505 747.5483 PO. Box 160 I El Rito, NM 87530 Ph: 575 581.4100 Fax: 575 581.9156 Northern is an equal opportunity and af?rmative action employer. 4. Documentation that Action Item #14 has been completed. This can be accomplished by a letter to the Complainant with an enclosed copy of the approved and adopted Title IX Grievance Policy. We are in the process of completing this Action Item and will send a copy of the letter to your of?ce within the next two weeks. Although we have not completed all of the action items at this time we will continue to work diligently to complete the remaining items as soon as possible. We will continue to work closely with the OCR to ensure completion of said agreement. We appreciate all the assistance and guidance that you have provided us. We look forward to working with you now and in the future. If you have any questions or need additional information please feel free to contact me at (505) 747-2160. Thank ou Bernie E. Padilla, Title IX Coordinator CC: 921 Paseo de Or?iate Espa?ola, NM 87532 Ph: 505 747.2160 Fax: 505 747.5483 PO. Box 160 El Rito. NM 87530 1 Ph: 575 581.4100 Fax: 575 581.9156 Northern is an equal opportunity and af?rmative action employer. UNITED STATES DEPARTMENT OF EDUCATION REGION ARIZONA OFFICE FOR CIVIL RIGHTS COLORADO NEW MEXICO 1244 SPEER BLVD, some 310 UTAH DENVER, co 80204?3582 momma June 18, 2013 Dr. Nancy Barcel?. President Northern New Mexico College 921 N. Paseo de O?ate Espaflola, New Mexico 87532 RE: Northern New Mexico College Case Number 08-1 1-2125 On June 4, 2013, we received the College's most recent monitoring report of compliance with Action Steps in the Resolution Agreement signed on January 31, 2012. Our review and analysis of the College's progress in complying with the Agreement is summarized below. In our monitoring response of March 18, 2013, we asked: By May 1, 2013, please provide the following in the College?s next monitoring report: 1. Documentation of the College?s ?wide publication? of its revised notice of nondiscrimination, designation of Title IX Coordinator, and Title IX Grievance Policy (Action Item last sentence). This effort can be combined with Action Item #4?s requirement, since the substantive material for both is combined in the College?s Title IX Grievance Policy. 2. Documentation that the training required by Item #6 has been completed for ?any other college coordinators, of?cials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination.? (Action Item If there are no others and Mr. Padilla will be the only College of?cial involved in these matters, please con?rm that. 3. A status report on the development of the training required by Item We understanding ?nalization of that training program had to await approval of the revised Policy and Procedures. 4. Documentation that Action Item #14 has been completed. This can be accomplished by a letter to the Complainant with an enclosed copy of the approved and adopted Title IX Grievance Policy. With reference to item 1 above, we did not receive the documentation requested. Please provide that documentation in your next monitoring report. With reference to item 2 above, you explained that no additional training for College personnel is required because Mr. Padilla, the Title IX Coordinator. will for the time being be the only college official directly involved in processing, investigating, or resolving complaints of sexual harassment or discrimination. Item #6 of the Resolution Agreement is complete, and no further reporting on this item is required. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 of 2 With respect to item 3 above (item #8 of the Agreement). Your May 31. 2013 monitoring report implies the training program has been established to provide Title IX training ?during convocation and during speci?c training sessions.? Please provide documentation that re?ects the establishment of the training program. With respect to item 4 above (Item #14 of the agreement). OCR has approved the College?s grievance procedure. clearing the way for completion and documentation of this item. Please provide a copy of the letter sent to the Complainant completing this item. In essence, it appears the College?s next report needs to include documentation of a number of items that have already been accomplished and discussed above. Please provide that report by July 2012. We sincerely appreciate your continued cooperation and welcome the appointment of Mr. Bernie Padilla as the College?s Title IX Coordinator as we work to successfully complete the requirements of the agreement to achieve compliance with the mandate of Title IX. Please do not hesitate to me at (303) 844-6299 or jim.long(dted.gov or at (303) 844-4821 if you have any questions or concerns. Sincerely, James D. Long, Jr. Senior Attorney Long, Jim From: Bernie Padilla Sent: Friday, August 30, 2013 3:11 PM To: Long, Jim Cc: Nancy Barcelo Subject: RE: Monitoring Response - Case No. 08-11-2125 Attachments: OCR Response 8 30 2013.pdf Good afternoon Jim. Attached you will find Northern New Mexico College?s monitoring response. lfyou have questions or need additional information please let me know. Have a good holiday weekend. Bernie l5. Padilla, Sl?llR Director ol? lumnn Resources Northern New Mexico (?ollege 921 l?aseo de ()nate lispanola. Next \lexico 87533 Of?ce Phone: 505-747-2160 Of?ce l?ax: 505-747-5483 E-mail: BernieJ?adilla?ZI?nnmc.edu Con?dential Notice This e?mail transmission, including any attachments, is intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this transmission in error, or are not the named recipient(s), please notify the sender immediately by return e-mail and permanently delete this transmission. including any attachments. From: Long, Jim Sent: Wednesday, July 31, 2013 10:47 AM To: Bernie Padilla Subject: RE: Monitoring Response - Case No. 08-11-2125 Bernie, Why don?t we operate on the safe side and extend the due date to 31 August? If that?s okay. I'll look for your report then. ll?it comes in sooner. that?s ?ne. too. Jim Long From: Bernie Padilla mailto:Qgrniepadillaanmcegu] Sent: Wednesday, July 31, 2013 9:02 AM To: Long, Jim Subject: RE: Monitoring Response - Case No. 08-11-2125 - 3:1! u. Office of Human Resources a NORTHERN New Mexico College .I August 30. 2013 James I). Long Senior Attorney Department of Education Of?ce ofCivil Rights 12-14 Speer Blvd. Suite 310 Denver. CO 80204-3582 RE: Northern New Mexico College Case Number 08-1 1-2125 This letter is in response to the Resolution Agreement between Northern New Mexico College (Northern) and the Office of Civil Rights (OCR) signed on January 31, 2012. Below you will ?nd Northem?s response and updated monitoring report regarding the terms of the agreement and letter dated June 18. 2013. I. Documentation of the College's "wide publication of its revised notice of nondiscrimination, designation of Title IX oordinator, and Title IX Grievance Policy (Action Item last sentence). This effort can be combined with Action Item #4'5 requirement. since the substantive material for both is combined in the College '5 Title IX Grievance Policy. We have sent out a follow up letter from the President that provides information on where the Title IX Policy can be found and where copies can be obtained. The previous President's letter was disseminated through an email blast that went out to all Faculty. StatT and Students on February 18. 2013. Additionally. copies of the Title IX Policy and brochure have been and will continue to be. disseminated during Title IX trainings at new student orientations. convocation. staff meetings. etc. We are also including the Title IX Policy in the new hire packets that are presented during employee orientation for all Faculty. Adjunct Faculty and Staff. We disseminated the follow up letter (enclosed) from the President regarding Title IX that includes speci?cs as to where the policy can be found within our homepage as well as where copies and int?onnation can be obtained. We have also posted brochures as well as copies of the 'l?itle 1X Grievance Policy on College bulletin boards within both campuses. 921 Paseo de O?ate Espanola. NM 87532 Ph; 505 747.5483 Fax: 505 747.5435 PO Box 160 E1 Rito. NM 87530 Ph: 575 581.4100 Fax: 575 581.4140 NORTHERN is an equal opportunity and af?rmative action employer. James 1). Long Senior Attomey August 30, 2013 (Continued) 2. The Documentation that the training required by Item #6 has been completed for "any other college coordinators. officials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination. (Action Item If there are no others Mr. Padilla will be the only College of?cial involved in these matters, please con?rm that. I am the official Title IX Coordinator for the (?ollege and will be the only official at this time who will be directly involved in processing. investigating and/or resolving complaints of sex discrimination and retaliation or who will otherwise coordinate the College?s compliance with Title IX. The (?ollege may in the future designate another person to directly assist in this regard and we will notify your office once they have completed the Title IX training. There are instances where I will involve the Dean of Student Services and/or the Diversity and Equity Director in the initial phases of a complaint or allegation when it involves possible student code ofconduct issues or possibly Diversity/ Equity issues. The .4 status report on the development of the training required by Item We understanding ?nalization of that training program had to await OCR 's approval of the revised Policy and Procedures. We have developed a training plan (enclosed) that establishes procedures to plan. develop. implement and maintain the Title IX training program. The training consists of the previously provided power point presentation and brochure. Title IX trainings were conducted in August 2012. January. June and August 2013. during convocation as well as student orientation. In the future. we are IOoking at developing a video training that can be viewed by faculty and staff at their desks as a refresher training. Once this has been developed we will submit copies to your office for review and approval. We are also reviewing Web based Title IX training programs that will assist us with providing students with the necessary Title IX information. 4. Documentation that Action Item #14 has been completed. This can be accomplished by a letter to the Complainant with an enclosed copy of the approved and adopted Title IX Grievance Policy. We have mailed a letter and copy of the revised and approved Title IX Grievance Policy via certified return receipt mail to the Complainant at her last known address (enclosed). 921 Paseo de Onate Espar'tola. NM 87532 Ph- 505 747.5483 Fax: 505 747.2132 P.O. Box 160 El Rito. NM 87530 Ph: 575 581.4100 Fax. 575 581.4140 NORTHERN is an equal opportunity and affirmative action employer. Jumcs D. [.ong Senior .-\uomc} August 30, 2013 (Continued) \Vc iwiicxc that \w hm'c complulcd :ill of tho rcquircmums :15 per this latest responsc. Houcwr. plcusc icl us ii? llicrc an} i'ciimining itcnix lliul \li'L? outstanding. \Vc _\oui? puliciicc. and guiduiicc Iliill )ou liuw prm'idcd us. look iomurd in uorking \xilh _\ou again in llic i'ului?c. i! _\ou haw an) or additional inilirmulion. plcusc iL-cl li?cc lo contuci mu :u ?505) 747-310? [hunk )ou. {urine 1-. Pan I lilic IX oordinuloi' CC: Enclosures H23: ?(7511; i 7473311123 4, {if} Ho}. 1050 hi NM h'l'SL-iu P2. Jib-.2 rungs :ml Ill-ii! is: :m oppormuiij: and az'i?irztzatiu- :u'tzuz?. 71 Hvxounv NORTHERN New Mexico College Sci}! (\fltiliul. Rn?lm'n lumx'i m1) mm (mm with: *2?7 x. r'l is inibz'm ym I'm! New Mcxico (Ntn?tilc'w) 1? hum-J and arcciwd approval 01" Tu?u with 1.5.5. \xwg?x' nf? {his pnlicy 1hr your IX (Erin/311cc l?uiicy. As per ?l'idmuzlion. lur Civil w: arc enclosing can ikmmi on Norhcr? 1' on .th '0qu:) I)ivcrsilyz?liquiiy and Title IXEu. 11.x Lllethe policy. If Elnl?x uz' ,m?xi :?uidiliunczl information plus: 2Cyl {ix-v ll 1m . A Ra'naumrrz. Ks. Jiilc i?xtf?c) Pam-r . .?Cspu?nlu. 231573732" ?it, 3"}5 7'22 Frih?S FJSX: 3'30 15] ?110. 371:3? Mi: 321:: .111. mum] NORTHERN New Mexico College '1 Mn . tail Rama an . ..- 99?? .nnv-o-v- H. DUDE H305: un-Onnco. "it U.S. Pos|al MAle RECEIPT [bulimic mu Only; No mam-na- cam-ga Prov/mad) 5177 701.2 LULU DUDE "in Psfam 3mm Augml mm 5.: Ram" my "mum. Nondiscrimination Policy Page I of 2 Colleges 3. Departments NNMC Foundation Employment/Jobs DirectOry Font Size: A A w" 3i? l-T'ui'i'fx? 1 .. aone: Qb?s? 15 Peircy If ?air"; am?? 7H5 ??54 LAC) -v in. r, L. Akinliilx'ZITr-r. lf~cia1??lhm 2 7 Hunt. iv 13.7.0.? i' Within; Access-brim Resouce Center American Indian Affairs Polnzy Pueblo lnoan Studies. A A F?aeseaal" a Nondiscrimination l?olic . Your school, yiwitum; Northern New Mexico College hereby advises students. parents. employees. and the general public that it offers educational and employment opportunities. including career and technical educational opportunities without regard to sex. race. color, natiOnal origin. disability. age. or any other status protected by law in employment. admission to. participation in. or receipt of the services and bene?ts under any of its programs and activities. whether carried out by Northern New Mexico College directly or through a contractor or any other entity with which Northern New Mexico College arranges to carry out its programs and activities. Grievance procedures are available to interested persons by contacting either of the compliance officers listed below. This statement is in accordance with the provisions of Title VI of the Civil Rights Act of 1964. Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title lX of the Education Amendments of 1972, and Regulations of the us. Department of Health and Human Services issued pursuant to these statutes at Title 45 Code of Federal Regulations Parts 80, 84, and 91. For inquiries regarding this non-discrimination policy or more information. please contact: Northern New Mexrco College Northem New Mexico College Accessibility Resources Title IX Coordinator 8. Human Resources Director Director 921 Paseo de Ohate Espahola. NM 87532 (505) 747-2152 .I i . i I 921 Paseo de Or?iate Espanola, NM 87532 (505) 747-2160 A copy of the career and technical education courses/programs offered and admission criteria is availabte on our web site at War by calling the College of Community, Workforce Career Technical Education at 505.747.5457. 9/24/2013 Nondiscrimination Policy Page 2 of 2 02010NomemNM Colego. m, Es a?ola Campus El Rito Campus 921 . Paseo de O?ate PO. Box 160 Espa?ola. NM 87532 El Rito. NM 87530 {a (505) 747-2100 (575) 531-4100 Poliaes Privacy Policy EmpIOyment/Jobs ACCreantataon AQIP Contact Site map Logm "um-"0r. 22,: Policy Institution Calendar Public Records Title IX Grievance Polucy 9/24/20] 3 ULVIILL) .51 Alnb Nltt\l ur 1 rum A A OFFICE FOR CIVIL comm? EW 1244 SPEER BLVD. SUITE 310 UTAH DENVER. CO 80204-3582 WYOMING June 18, 2013 Dr. Nancy Bareel?, President Northern New Mexico College 921 N. Paseo de ()?ate Espanola, New Mexico 87532 RE: Northern New Mexico College Case Number 08-1 1-2125 On June 4, 2013, we received the College's most recent monitoring report of compliance with Action Steps in the Resolution Agreement signed on January 31, 201 2. Our review and analysis of the College's progress in complying with the Agreement is summarized below. In our monitoring response of March 18, 2013, we asked: By May 1. 2013, please provide the following in the College?s next monitoring report: 1. Documentation of the College?s "wide publication" of its revised notice of nondiscrimination, designation of Title IX Coordinator, and Title IX Grievance Policy (Action Item last sentence). This effort can be combined with Action Item #4?s requirement, since the substantive material for both is combined in the College?s Title IX Grievance Policy. 2. Documentation that the training required by Item #6 has been completed for ?any other college coordinators, of?cials, and administrators who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination.? (Action Item If there are no others and Mr. Padilla will be the only College o?icial involved in these matters. please con?rm that. 3. A status report on the development of the training required by Item We understanding ?nalization of that training program had to await approval of the revised Policy and Procedures. 4. Documentation that Action Item #14 has been completed. This can be accomplished by a letter to the Complainant with an enclosed copy of the approved and adopted Title IX Grievance Policy. With reference to item 1 above, we did not receive the documentation requested. Please provide that documentation in your next monitoring report. With reference to item 2 above, you explained that no additional training for College personnel is required because Mr. Padilla, the Title IX Coordinator, will for the time being be the only college official directly involved in processing, investigating, or resolving complaints of sexual harassment or discrimination. Item #6 of the Resolution Agreement is complete, and no further reporting on this item is required. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. .ed . gov Page 2 of With respect to item 3 above (item #8 ofthe Agreement). Your May 3 i . 2013 monitoring report implies the training program has been established to provide 'l'itlc training ?during convocation and during speci?c training sessions." Please provide documentation that reflects the establishment oft'ne training program. With respect to item 4 above (Item #14 ot?t?ne agreement). OCR has approved the College's grievance procedure, clearing the way for completion and documentation ot?this item. Please provide a copy ofthe letter sent to the Complainant completing this item. In essence. it appears the College's next report needs to include documentation ol?a number of items that have already been accomplished and discussed above. Please provide that report by July 31. 2012. We sincerely appreciate your continued cooperation and welcome the appointment of Mr. Bernie Padilla as the College?s Title IX Coordinator as we work to successfuin complete the requirements of the agreement to achieve compliance with the mandate of Title iX. Please do not hesitate to me at (303) 844-6299 orjiznlone?ti'eduoy or a: (303) 844-4821 it?you have any questions or conce as. Sincerely. James I). Long, Jr. Senior Attomev Long, Jim From: Long, Jim Sent: Tuesday, June 18, 2013 2:33 PM To: Subject: Monitoring Response - Case No. 08-11-2125 Bernie, The attached response to your most recent monitoring report is attached. Looks to me like only the following Action Steps in the Resolution Agreement are left to complete: 1. Action item last sentence. 2. Action item #4 (documentation of electronic and printed publications . . . [including] inserts. . .) 3. Action Item #8 (documentation of the training program). 4. Action Item #14. Let me know if you have any questions. Jim .. ,5 .1 i, .1 .4 Office of the President, Dr. Nancy ?Rusty?Barcel? r' NORTHERN New Mexico College August 22, 2013 Dear Faculty, Staff and Students: This letter is a reminder that the Board of Regents approved Northern?s Title IX Grievance Policy on January 24, 2013. Minor revisions were approved on July 25, 2013. Attached is the most current draft. The policy may also be found on Northern?s website by clicking on the Diversity Equity/Title IX link from the homepage. The policy addresses complaints of sex discrimination (including sexual harassment, sexual assault and sexual violence), as required by Title lX?s implementation of 34 C.F.R 106.8 The policy obligates Northern to provide a prompt and equitable resolution on complaints alleging sex discrimination. it also explains what constitutes sexual misconduct, contact information for the Title lX Coordinator, procedures for filing a complaint, and the steps that will be taken when a complaint is filed. Any investigation related to a complaint under this policy will be conducted impartially, confidential, and with full respect for the rights of all individuals involved. Information related to an investigation will be released only on a need-to-know basis and consistent with applicable laws. Northern will uphold its commitment to confidentiality to the extent that it does not compromise our responsibility to provide a safe and non-discriminatory environment for students and employees. It may be necessary in some cases to explain that confidentiality may not be ensured. The President, or designee, will be the final authority on the release of information or documents relating to a case. All investigative files will be securely maintained by the Title IX Coordinator. If you have questions or need additional information please contact Bernie Padilla, Director of Human Resources/Title IX Coordinator at (505) 747-2160 or Thank you for your support in ensuring a safe and respectful workplace. Sincerely, \l I.) a Dr. Nancy "Rusty" Barcelo President 921 Paseo de O?atc Espu?ola. NM 87532 Ph: 505 747.2140 Fax: 505 747.2170 PO. Box 160 El Rito. NM 87530 Ph: 575 581.4145 Fax. 575 581.4140 Northern is an equal opportunity and af?rmative action employer. Office ofHuman Resources NORTHERN New Mexico College Q, TITLE IX TRAINING August 1, 2013 1 PURPOSE This Title IX Training Plan establishes procedures to plan. develop, implement. and maintain the Title IX training program and curriculum. The training is provided to ensure that College staff and faculty are aware of Title IX law, College policy/procedures and College practices. 2 ROLES 8: RESPONSIBILITIES The Title IX Coordinator shall manage and direct the Title IX training process for the College. The Coordinator shall ensure that all faculty and staff receive the required Title IX training. As part of this training. faculty and staff will receive written guidance regarding prOper reporting and the impermissibility of retaliation. In addition the Title IX Coordinator shall provide training to students during orientation as part of the annual student orientation for new and returning students. Students will be informed of the College?s prohibition against sex discrimination, how and to whom to report any incidents of sex discrimination including sexual harassment, sexual assault. and sexual violence and the Title IX grievance procedures. REQUIREMENT All faculty and staff will receive the required training at least once every two years. Refresher training may be provided as needed or when there are changes to the law or College policies/procedures/practices. Students will be provided with informational sessions as part of the annual student orientation. In addition all faculty staff and students will be provided with copies of the most current Title IX Grievance policy. an informational brochure which provides Title IX information as well as Title IX Coordinator contact information. TRAINING SOURCES The Title IX training will be delivered by the Title IX Coordinator. The College will utilize information. guidance and training information from other sources, US Department of Education Office for Civil Rights. Association of Title IX Administrators. etc. MATERIALS Material to be used, include but are not limited to; power point presentations. videos, Northern's Title IX brochures and Title IX Grievance Policy. TRAINING SCHEDULE The College will utilize the following training schedule: Faculty and Staff will receive mandatory training at least once every two years during the Fall and Spring Convocations. Students will receive training during annual student orientation. Additionally, the College is in the process of reviewing online web based training process that will assist with ensuring that all students have been through the required training prior to or at time of registration. Workshops for Faculty &Staff- Tuesday, August 13 Espanoia Campus WorkshOp SAP (Financial Aid and Academics) - Mandatory for famity all staff advisers (Mr. Jacob Pacheco, Staft) Student Rights and Responsibilities and ?nric ?if (?tmduct (Mr. Frank ()ionzi) - Sight impaired Students in the 'iassrornn (Leonel (Ihacon) Mandatory? - Title ix Training and Workshop (Mr. Bernie Padilla) Accessibility Resource Center Training Workshop and information. (Dr. Patricia Trujillo and Ms. Kim Mil ee) grants and Special Projects (Ricky Serna, Staff) LUNCH (On Your Own) Budget and Procurement (Domingo Sanchez. Stali) Advancement and Communications (Ricky Serna) Human Resources Processes (or Hiring and Recruitment" (Mr. Bernie Padilla) Quality Matters and Blackboard (Dr Ken Dvorak and Staff) FERPA Advice iKathleen Sena) *Faculty 8! Staff are required to attend Title IV training every Time/ Location 8:15-9:25 AD 101-102 9:30-10:30 I At) 104 9:30-10:30 AD 101-10; 10235-1 ?l :35 AD 101402 10351135 AD 104 11:45-1100 1:15 2:15 AD 101-102 2:30-3:30 AD 104 2:303:40 A0 101-102 2:30-3:40 HT 115 3:45? 4:30 AD 101-102 Workshops for Faculty 8: Staff- Wednesday, August 14 Espanola Campus Workshop ?Accessibility Resource Center Training Workshop and inionnatlon. (Di. Patricia iruiillo and Ms. Kim Mitee) Human Resources Processes for Hiring and Recruitment" (Mr. Bernie Padilla) Quality Matters and Blackboard (D.Ken Dvorak, CDE Staff) udget and Procurement Domingo Sanchez, Staff) ?appliance 1(Kathleen Sena) (On Your Own) SAP (Financial Aid and Academics) - Mandatory for faulty 8: all staff advisers (Mr. Jacob Pacheco, Staff) Mandatory? - Title ix Training and Workshop Ber nie Padilla) Student Rights and Responsibilities and Code of Conduct (Mr. Frank Orona) - Sight impaired Students in the Classroom (Leanei Chacon) [Advancement and Communications {Ricky Serna) Grants andSpeciai Proiects (Ricky Serna, Staff) New Faculty Welcoming Reception Time/Location 8:15-9:20 AD 101.102 9:30-10:30 _i moa 10:35- 11:35 HT 115 10:35-11:35 AD 104 10:35-11 :35 AD 101402 1:15-2:15 AD 101-102 1:15-2:15 AD 104 2:30-3:40 A0104 2:30-3:40 A0101o102 3:45-4:30 AD 101-102 4 :00-6200 Library two years. HR will compile a list of those individuals in need of training this year. Unit managers, Deans, Chairs and Directors will notify listed individuals of their need to attend one of the sessions. "Required for managers and unit staff administrative assistants. i .I New Mexico College 8cm lx?mx-ipi 701.9 l0l0 0003 5l77 12L _"01'l (bxe); (bx?c) Dczu? Ms 'l 21:5 lL'ilL?I' l-clm ?w yuu 01:11 New k'icxico Collc'gc (Northern) luis mid approval al? a new ?l?iilc Policy. As per Ill-C Will) 13.5. of Education. Of?ce for il Rigliis we: arc cnciosin; a copy of this pnliry llir )"001?1?0001?05 :lic pnlicy can hc found on wclipch wxnxaimmigxgg on the button labeled and 'l'iilc W: upalogiyc :01" [lac delay in providing _\ou mil) a: cup} of the policy. lf you luau? (30330015 or nova i?lcasc i?crl the Li cmiiuci me :11 505?7?17-21i?m m' ll?liifllx' l' i>iicc1niizi lilic lX? l?olicy 271.?; Him. 2 dc . Iispui?mlu. NM 52632? i'lx: Ewi- 53 i Fax; 52057471541155 3?0. 8:23: '1?30? I?ll Rim, NM 87530 ph'57175530141130i 15:9: 575 538] ?12-10 I .?x'ffil?fl?liZ?RFI an ugunl ()mmriunitj; :md :zri'zi?iixativv? 5.01:3; L?zniflhy'?? . MAIL. i #5 an? v: NORTHERN i New Mexico College . 921 Paseo de O?atv, Esp-200m. 57532 .- if], 701.3 1.010 0003 0300 51.772 ii"? Office ofthe President, Dr. Nancy ?Rusty? Barceld NORTHERN New Mexico College it; 4 July 16, 2013 Dear Faculty, Staff and Students: This letter is a reminder that the Board of Regents approved Northern?s Title IX Grievance Policy at its January 24, 2013, meeting. The attached policy addresses complaints of' sex discrimination (including sexual Harassment, sexual assault and sexual violence), as required by Title IX's implementing regulation at 34 C.F.R 106.8 Additionally the policy is available on Northern?s Website on the homepage within the Diversity Equity/Title IX button. The policy provides for prompt and equitable resolution regarding complaints alleging sex discrimination. The policy also explains what constitutes sexual misconduct, the contact information for the Title IX Coordinator, the procedures for filing a complaint, the steps that will be taken when a complaint is filed, the appeal process, confidentiality information, possible sanctions/disciplinary action, etc. We continue to conduct Title IX trainings to ensure that students, faculty and staff are familiar with the requirements of the policy as well as any changes in the law, policy or procedures in this regard. Please be aware that Northern is committed to thoroughly, reliably, and impartially investigating complaints of alleged sexual misconduct and taking action to stop the harassment, prevent further harassment, and remedy the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially, with confidentiality and respect for the rights of all individuals involved. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. Northern will take steps to investigate any complaint or report of sexual harassment consistent with a request for confidentiality, and must weigh a request for confidentiality with responsibility to provide a safe, non-discriminatory environment for students and employees. It may be necessary in appropriate cases to explain that confidentiality may not be ensured. The President, or designee, will be the final authority on releasing any information or documents to a specific case. All investigative files will be maintained and controlled by the Title IX Coordinator. If you have questions or need additional information please contact Bernie Padilla, Director of Human Resources/Title IX Coordinator at (505) 747-2160 or Bernie.Padilla@nnmc.edu. Sincerely, Dr. Nancy ?Rusty? Barcelo President 921 Paseo de Ofmte Espar?iola, NM 87532 Pit: 505 747.2140 Fax: 505 747.2170 PO. Box 160 El Rito. NM 87530 P11: 575 581.4145 Fax: 57:? 581.4140 Northern is an equal opportunity and af?rmative action employer. .- - - - 5453/9 A fl 9 Office of Human Resources t} A t) NORTHERN ew exi?o'??llege 9 ,4 ?3 9.1115]? i? {92? 3?7. .I 1" Sent Certified/Retum Receipt 7012 1010 0003 4306 5177 July 30. 2013 Dear Ms. (WHO) This letter is letter is to inform you that Northern New Mexico College (Northern) has developed and received approval of a new Title IX Grievance Policy. As per the agreement with .S. Department of Education. Of?ce for Civil Rights we are enclosing a copy of this policy for your records. Additionally. the policy can be found on Northern's webpage at wuwnnmeedu on the button labeled Diversity/Equity and Title IX. We apologize for the delay in providing you with a c0py of the policy. If you have questions or need additional information please feel free to contact me at 505-747?2160 or Thank you. Bemie li. Padilla Director of Human Resources CC: Attachment: 'l?itle IX Grievance Policy 921 Paseo de O?ate Espa?ola, NM 87532 Ph: 505 747.5483 Fax; 505 747.5435 PO. Box 160 i El Rito, NM 87530 Ph: 575 581.4100 Fax: 575 581.4140 I NORTHERN is an equal opportunity and af?rmative action employer. 1320 Title IX Grievance Policy l. 1. Title IX Policy Statement Non-Discrimination Policy: Northern New Mexico College (Northern) is committed to providing equal access to educational and employment opportunities regardless of race, color, religion, national origin, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, ancestry, spousal af?liation or medical condition. Northern does not discriminate on the basis of sex in our educational programs or any activity (including in admissions and employment opportunities) it Operates and it is required by Title IX not to discriminate in such manner. We are committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of Northem?s employees, contractors, vendors or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This policy also applies to individuals conducting business within the college. The Director of Human Resources serves as Northem?s Title IX Coordinator and is the designated individual on campus for assuring compliance with all College policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Of?ce is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola, New Mexico. The Title IX Coordinator can be reached at 505-747-2160 during regular business hours (8:00 am. 5:00 pm, Monday through Friday) and via email to HR@nnmc.edu. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northern. The following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint, testified or participated in any proceedings under Federal or State law. Retaliation against an employee or student for ?ling a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. 2. De?nitions Examples of Sex Discrimination Sexual harassment is a kind of discrimination based on sex. Sexual harassment includes any unwelcomed sexual advances or requests for sexual favors; and other unwelcomed conduct of a sexual nature constitutes prohibited sexual harassment when: 0 submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic advancement; submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; A person who believes he or she may have experienced sex discrimination or harassment may report the incident to any of the following: 0 his or her supervisor, and/or 0 the Title IX Coordinator Disputes involving work-related allegations of sexual harassment will be resolved by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of resolving the allegations and is available to discuss the incident(s), assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available, such as filing a formal complaint of sexual harassment, etc. In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances, and the context in which the alleged incidents occurred. In cases of sexual harassment that may also constitute criminal behavior sexual assault, stalking, etc.), the victim may simultaneously, in addition, ?le a complaint with local law enforcement authorities. The Title IX Coordinator may also notify local law enforcement in cases that may constitute criminal behavior. 3.1. Procedures for Complaints: Employees Every staff and faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter immediately to the Title IX Coordinator. If an employee believes that he or she has been discriminated against or harassed on the basis of sex, that employee should report the alleged incident to his or her supervisor or the Title IX Coordinator by utilizing the following process: Employees should report any incident in which they believe they have been a victim of sexual harassment or discrimination to the Title IX Coordinator no later than ??een (15) working days after the alleged incident. 3.1.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days a?er receiving the initial complaint. 3.1.3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the work/school community while any investigation of the complaint is in progress. 3.1.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.1.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.1.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.1.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter immediately to the Title IX Coordinator. The Title IX Coordinator will inform any student making a sexual harassment complaint of counseling, academic, and other resources available at Northern and in the community. Students should report any incident in which they believe they have been victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.2.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days a?er receiving the initial complaint. 3.2.3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the school community while any investigation of the complaint is in progress. 3.2.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.2.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.2.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.2.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.2.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.2.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator, the party shall have the right to appeal the decision, in writing, to the President, or designee, no later than ?fteen (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.2.10. The President, or designee, shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.2.11. The President, or designee, will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.2.12. The time limits set forth above may be extended provided the extension is based on a Office ofHuman Resources Koo 57:7 I - NORTHERN New Mex1eo College 'I?rn?t Sent Certi?ed/Return Receipt 7012 1010 (1003 4306 5177 July 30, 2013 . Dear Ms. (mam) This letter is letter is to inform you that Northern New Mexico (.?ollcge (Northern) has developed and received approval of a new Title IX Grievance Policy. As per the agreement with US. Department of Education. Of?ce for Civil Rights we are enclosing a copy ofthis policy for your records. Additionally, the policy can be found on Northern?s webpage at \_v_w_w;nimig;egu on the button labeled Diversity/Equity and Title IX. We apologize for the delay in providing you with a copy of the policy. If you have questions or need additional information please feel free to contact me at 505-747-2160 or Bernie.l?adillatfilnnmeedu. Thank you. Bernie Padilla Director oflluman Resources CC: Attachment: Title IX Grievance l?olicy 921 Pasco dc Crime Espanola. NM 87532 Ph: 505 747.5483 1 Fax: 505 747.5435 PO. Box 160 El Rito, NM 87530 1 Ph: 575 581.4100 Fax: 575 581.4140 1 NORTHERN is an equal opportunity and af?rmative action employer. 1320 Title IX Grievance Policy l. I. Title IX Policy Statement Non-Discrimination Policy: Northern New Mexico College (Northern) is committed to providing equal access to educational and employment opportunities regardless of race, color, religion, national origin, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, ancestry, spousal af?liation or medical condition. Northern does not discriminate on the basis of sex in our educational programs or any activity (including in admissions and employment opportunities) it operates and it is required by Title IX not to discriminate in such manner. We are committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of Northem?s employees, contractors, vendors or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This policy also applies to individuals conducting business within the coUege. The Director of Human Resources serves as Northem?s Title IX Coordinator and is the designated individual on campus for assuring compliance with all College policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Of?ce is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola, New Mexico. The Title IX Coordinator can be reached at 505?747-2160 during regular business hours (8:00 am. 5:00 pm, Monday through Friday) and via email to HR@nnmc.edu. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northern. The following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint, testified or participated in any proceedings under Federal or State law. Retaliation against an employee or student for ?ling a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. 2. De?nitions Examples of Sex Discrimination Sexual harassment is a kind of discrimination based on sex. unwelcomed sexual advances or requests for sexual favors; and other unwelcomed conduct of a sexual nature constitutes prohibited sexual harassment when: - submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic advancement; - submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; Sexual harassment includes any 0 such conduct has the purpose or effect of unreasonably interfering with an individual's workor academic performance or creating an intimidating, hostile, or offensive working or academic environment; or I a supervisor or faculty member fails to take corrective action when he or she knows, or reasonably should have known, that a subordinate employee or a student is being subjected to sexual harassment. Conduct of sexual nature may include, but is not limited to, verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching, patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually oriented ?kidding,? ?teasing,? ?double-entendres,? and jokes,? as well as any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated, either verbally or by his or her conduct, that it is unwelcome. An employee or student who has initially welcomed such conduct by active participation must give Speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Examples of sexual harassment which shall not be tolerated include but are not limited to: - suggestive or obscene letters, notes, invitations, derogatory comments, epithets, slurs or jokes, 0 impeding or blocking movements, touching, or any physical interference with normal work, a sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters (the situation will be evaluated for appropriateness such as art displayed in museums versus centerfold in of?ce setting), - threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments, grades, promotions or transfers, change of assignments, or poor performance reviews. Northern disapprovcs of intimidating conduct of a sexual nature which does not rise to the level of the above definition of sexual harassment and which has a detrimental but limited impact on the work and/or educational environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct shall be strongly and actively discouraged by responsible supervisors and faculty members. While sexual harassment most often takes place in a situation of power differential between the persons involved, this policy also recognizes that sexual harassment may occur between persons of the same status: student-student, faculty-faculty, staff-staff. The prohibition of sexual harassment applies regardless of the status or genders of the parties. Sexual harassment is eSpecially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive in?uence on a students or employee's success and future career at Northern and beyond. 3. Procedures for ?ling a complaint of sex discrimination A person who believes he or she may have experienced sex discrimination or harassment may report the incident to any of the following: 0 his or her supervisor, and/or 0 the Title IX Coordinator Disputes involving work-related allegations of sexual harassment will be resolved by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of resolving the allegations and is available to discuss the incident(s), assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available, such as ?ling a formal complaint of sexual harassment, etc. In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances, and the context in which the alleged incidents occurred. In cases of sexual harassment that may also constitute criminal behavior sexual assault, stalking, etc.), the victim may simultaneously, in addition, ?le a complaint with local law enforcement authorities. The Title IX Coordinator may also notify local law enforcement in cases that may constitute criminal behavior. 3.1. Procedures for Complaints: Employees Every staff and faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter immediately to the Title IX Coordinator. If an employee believes that he or she has been discriminated against or harassed on the basis of sex, that employee should report the alleged incident to his or her supervisor or the Title IX Coordinator by utilizing the following process: Employees should report any incident in which they believe they have been a victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.1.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written notification of the ?ndings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.1.3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the work/school community while any investigation of the complaint is in progress. 3.1.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.1.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.1.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.1.7. No rcprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.1.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. lnfonnation related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.1.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator, the party shall have the right to appeal the decision, in writing, to the President, or designee, no later than fifteen (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.1.10. The President, or designee, shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.1.11. The President, or designee, will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.1.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. The Title IX Coordinator will inform any employee making a sexual harassment complaint of counseling and other intemal and/or external resources available. If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor, the employee may directly contact the Title IX Coordinator and proceed through the steps outlined in the internal grievance procedure. If the Title IX Coordinator is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the Title IX Coordinator, the employee may directly contact the Director of Equity and Diversity and proceed through the steps outlined in this policy. Should the Title IX Coordinator find that there is a preponderance of the evidence indicating that an employee (whether faculty, adjunct faculty, or staff, including individuals providing contract services to the College) engaged in sexual harassment, the employee may be terminated for cause according to the most current version of Northem?s Termination Policy in the resp_c- ctive Northern Policy Handbook. An employee may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. If an employee believes alleged sexual harassment constitutes a criminal offense, the employee should consider reporting the conduct to appropriate law enforcement officials. 3.2. Procedures for Complaints: Students If any student believes that he or she has been discriminated against or harassed on the basis of sex, that student should report the alleged incident to the Title IX Coordinator. The Title IX Coordinator will conduct a thorough investigation and provide the student with a written noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter immediately to the Title IX Coordinator. The Title IX Coordinator will inform any student making a sexual harassment complaint of counseling, academic, and other resources available at Northern and in the community. 3.2.1. Students should report any incident in which they believe they have been victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.2.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.2.3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the school community while any investigation of the complaint is in progress. 3.2.4. The Title IX Coordinator may gather any evidence available for consideration, may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.2.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.2.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.2.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.2.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related 'to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.2.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator, the party shall have the right to appeal the decision, in writing, to the President, or designee, no later than ?fteen (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.2.10. The President, or designee, shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.2.11. The President, or designee, will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.2.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. Should the Title IX Coordinator find that there is a preponderance of the evidence indicating that a student engaged in sexual harassment, the student will be subject to the Disciplinary Actions and Sanctions as provided in the most current version of the Northern Student Handbook. Sanctions may include, and are not limited to: probation; withholding of grades, transcripts, or degrees; restitution; suSpension; and expulsion. The sanction imposed is determined by the severity of the infraction. A student may end any infomtal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. Northern New Mexico College?s Title IX grievance policy and procedures shall be reviewed biennially to ensure Title IX compliance with all applicable laws, rules, policies, procedures, etc. The college is committed to thoroughly, reliably, and impartially investigating complaints of alleged sexual harassment and taking action to stop the harassment, prevent further harassment, and remedy the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially, with con?dentiality and respect for the rights of all individuals involved. Information related to the investigation will be released only on a need-to- know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. Northern will take steps to investigate any complaint or report of sexual harassment consistent with a request for con?dentiality, and must weigh a request for con?dentiality with responsibility to provide a safe, non-discriminatory environment for students and employees. It may be necessary in appropriate cases to explain that con?dentiality may not be ensured. The President, or designee, will be the ?nal authority on releasing any information or documents to a speci?c case. All investigative files will be maintained and controlled by the Title IX Coordinator. 1320 Title IX Grievance Policy l. 1. Title IX Policy Statement Non-Discrimination Policy: Northern New Mexico College (Northern) is committed to providing equal access to educational and employment opportunities regardless of race. color. religion. national origin. physical or mental disability, pregnancy, age. sex (including sexual harassment), sexual preference, gender identity. ancestry. spousal affiliation or medical condition. Northern does not discriminate on the basis of sex in our educational programs or any activity (including in admissions and employment opportunities) it operates and it is required by Title lX not to discriminate in such manner. We are committed to providing a work and student environment which is free of sexual harassment and will not tolerate sexual harassment activity by any of Northem?s employees, contractors, vendors or students. We will take all reasonable steps to deter discrimination and will act quickly and impartially to address claims of sexual harassment and discrimination and remedy discriminatory effects of inappropriate acts of discrimination on the victim(s). This policy also applies to individuals conducting business within the coHege. The Director of Human Resources serves as Northem?s Title IX Coordinator and is the designated individual on campus for assuring compliance with all College policies, state and federal laws and regulations that apply to the civil rights of individuals. The Human Resources Office is located in the Joseph M. Montoya Administration Building at 921 Paseo de O?ate in Espa?ola. New Mexico. The Title IX Coordinator can be reached at 505-747-2160 during regular business hours (8:00 am. 5:00 pm. Monday through Friday) and via email to HR@nnmc.edu. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at Northern. The following procedures will apply to all complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence) and are designed to provide for the prompt and equitable resolution of complaints alleging sex discrimination. Both Federal and State law prohibits anyone from retaliating against anyone who has opposed an unlawful discriminatory practice or has ?led a complaint, testified or participated in any proceedings under Federal or State law. Retaliation against an employee or student for filing a sexual harassment complaint is strictly prohibited and grounds for a subsequent harassment complaint and possible disciplinary action up to and including termination or expulsion. 2. Definitions Examples of Sex Discrimination Sexual harassment is a kind of discrimination based on sex. Sexual harassment includes any unwelcomed sexual advances or requests for sexual favors; and other unwelcomed conduct of a sexual nature constitutes prohibited sexual harassment when: 0 submission to such conduct is made, either explicitly or implicitly. a term or condition of an individual's employment or academic advancement: submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; 0 such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment; or a supervisor or faculty member fails to take corrective action when he or she knows. or reasonably should have known. that a subordinate employee or a student is being subjected to sexual harassment. Conduct of sexual nature may include, but is not limited to. verbal or physical sexual advances, including subtle pressure for sexual activity; touching, pinching. patting, or brushing against; comments regarding physical or personality characteristics of a sexual nature; sexually oriented "kidding," "teasing," ?double-entendres," and jokes," as well as any harassing conduct to which an employee or student would not be subjected but for such individual's sex. Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee or student has indicated, either verbally or by his or her conduct, that it is unwelcome. An employee or student who has initially welcomed such conduct by active participation must give speci?c notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Examples of sexual harassment which shall not be tolerated include but are not limited to: suggestive or obscene letters, notes, invitations, derogatory comments, epithets, slurs or jokes, 0 impeding or blocking movements, touching, or any physical interference with normal work, 0 sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters (the situation will be evaluated for appropriateness such as art displayed in museums versus centerfold in of?ce setting), 0 threats or insinuations that lack of sexual favors will result in reprisals, withholding support for appointments, grades, promotions or transfers, change of assignments, or poor performance revrews. Northern disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above de?nition of sexual harassment and which has a detrimental but limited impact on the work and/or educational environment. Such conduct may include isolated sexual remarks, sexist comments, or inappropriate physical behavior of a sexual nature. Such conduct shall be strongly and actively discouraged by responsible supervisors and faculty members. While sexual harassment most often takes place in a situation of power differential between the persons involved. this policy also recognizes that sexual harassment may occur between persons of the same status: student-student, faculty-faculty, staff-staff. The prohibition of sexual harassment applies regardless of the status or genders of the parties. Sexual harassment is especially serious when it threatens the relationship between student and teacher or the relationship between a supervisor and his or her subordinates. Through grades, wage increases, recommendations for graduate study. promotion. and the like. a teacher or supervisor can have a decisive influence on a students or employee's success and future career at Northern and beyond. 3. Procedures for ?ling a complaint of sex discrimination A person who believes he or she may have experienced sex discrimination or harassment may report the incident to any of the following: 0 his or her supervisor, and/or 0 the Title IX Coordinator Disputes involving work-related allegations of sexual harassment will be resolved by the Title IX Coordinator. The Title IX Coordinator will decide the proper method of resolving the allegations and is available to discuss the ineident(s). assist in evaluating whether the conduct appears to be sexual harassment, and explain the options available. such as ?ling a formal complaint of sexual harassment. etc. In determining whether the alleged conduct constitutes sexual harassment. consideration will be given to the record as a whole and to the totality of the circumstances, including the nature ofthe sexual advances, and the context in which the alleged incidents occurred. In cases of sexual harassment that may also constitute criminal behavior sexual assault. stalking, etc.). the victim may simultaneously. in addition, file a complaint with local law enforcement authorities. The Title IX Coordinator may also notify local law enforcement in cases that may constitute criminal behavior. 3.1. Procedures for Complaints: Employees Every staff and faculty member who becomes aware of alleged sexual harassment has the responsibility of reporting the matter immediately to the Title IX Coordinator. If an employee believes that he or she has been discriminated against or harassed on the basis of sex. that employee should report the alleged incident to his or her supervisor or the Title IX Coordinator by utilizing the following process: 3.1.1. Employees should report any incident in which they believe they have been a victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.1.2. The Title IX Coordinator shall conduct a thorough, reliable, and impartial investigation of the complaint and will provide all parties with written notification of the findings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.1.3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the work/school community while any investigation of the complaint is in progress. 3.1.4. The Title IX Coordinator may gather any evidence available for consideration. may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.1.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard. in determining whether sexual discrimination or harassment occurred as alleged. 3.1.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.1.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result of making a complaint or participating in the investigation. 3.1.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.1.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator. the party shall have the right to appeal the decision. in writing. to the President, or designee. no later than ?fteen (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.1.10. The President, or designee. shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.1.11. The President, or designee. will provide the parties with written noti?cation of the outcome of the appeal no later than ten (10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.1.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. The Title IX Coordinator will inform any employee making a sexual harassment complaint of counseling and other internal and/0r external resources available. If the immediate supervisor is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the supervisor. the employee may directly contact the Title IX Coordinator and proceed through the steps outlined in the internal grievance procedure. If the Title IX Coordinator is part of the alleged conduct, or if for some legitimate reason the employee feels uncomfortable about making a report to the Title IX Coordinator, the employee may directly contact the Director of Equity and Diversity and proceed through the steps outlined in this policy. Should the Title IX Coordinator ?nd that there is a preponderance of the evidence indicating that an employee (whether faculty, adjunct faculty, or staff, including individuals providing contract services to the College) engaged in sexual harassment, the employee may be terminated for cause according to the most current version of Northem?s Termination Policy in the respective Northern Policy Handbook. An employee may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. If an employee believes alleged sexual harassment constitutes a criminal offense, the employee should consider reporting the conduct to appropriate law enforcement of?cials. 3.2. Procedures for Complaints: Students If any student believes that he or she has been discriminated against or harassed on the basis of sex. that student should report the alleged incident to the Title IX Coordinator. The Title IX Coordinator will conduct a thorough investigation and provide the student with a written noti?cation of the outcome of the investigation. Students may make their initial report to the Dean of Student Services who will refer the matter immediately to the Title IX Coordinator. The Title IX Coordinator will inform any student making a sexual harassment complaint of counseling. academic, and other resources available at Northern and in the community. 3.2.1. Students should report any incident in which they believe they have been victim of sexual harassment or discrimination to the Title IX Coordinator no later than ?fteen (15) working days after the alleged incident. 3.2.2. The Title IX Coordinator shall conduct a thorough, reliable. and impartial investigation of the complaint and will provide all parties with written noti?cation of the ?ndings of the investigation no later than forty (40) working days after receiving the initial complaint. 3.2.3. The Title IX Coordinator may direct interim measures to ensure the safety and well- being of the complainant and the school community while any investigation of the complaint is in progress. 3.2.4. The Title IX Coordinator may gather any evidence available for consideration. may take statements from witnesses, and will permit the parties equal opportunity to submit statements, witnesses, or evidence to be considered in the investigation process. 3.2.5. The Title IX Coordinator will apply the conventional rule of civil litigation, the preponderance of the evidence standard, in determining whether sexual discrimination or harassment occurred as alleged. 3.2.6. Any real or perceived con?ict of interest between the Title IX Coordinator and either of the parties should be disclosed and resolved by the President or designee. 3.2.7. No reprisal or retaliation by any party to the investigation shall be taken against any party as a result ofmaking a complaint or participating in the investigation. 3.2.8. All documents related to the investigation shall be kept con?dential and maintained and controlled by the Title IX Coordinator. Information related to the investigation will be released only on a need-to-know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. 3.2.9. If either of the parties to the investigation is unsatis?ed with the decision made by the Title IX Coordinator. the party shall have the right to appeal the decision. in writing. to the President, or designee. no later than ?fteen (15) working days after issuance of the written noti?cation of the outcome of the investigation from the Title IX Coordinator. 3.2.10. The President. or designee. shall conduct any additional investigations that may be necessary to resolve the appeal and shall review all materials pertaining to the investigation including any additional materials that the appellant feels is relevant to his or her appeal. The appeal will only address the issue of whether the factual or legal analysis of the original decision is correct and will not require a reinvestigation of the original complaint allegations. 3.2.11. The President. or designee. will provide the parties with written noti?cation of the outcome of the appeal no later than ten 10) working days after receiving the written appeal from the appealing party. The decision of the President, or designee, is ?nal. 3.2.12. The time limits set forth above may be extended provided the extension is based on a showing of good cause and is requested and agreed to by both parties in writing. Should the Title IX Coordinator find that there is a preponderance of the evidence indicating that a student engaged in sexual harassment. the student will be subject to the Disciplinary Actions and Sanctions as provided in the most current version of the Northern Student Handbook. Sanctions may include, and are not limited to: probation; withholding of grades, transcripts, or degrees; restitution: suspension: and expulsion. The sanction imposed is determined by the severity of the infraction. A student may end any informal efforts to resolve a complaint of sexual harassment at any time and initiate a formal complaint subject to these procedures. Northern New Mexico College?s Title IX grievance policy and procedures shall be reviewed biennially to ensure Title IX compliance with all applicable laws. rules. policies, procedures. etc. The college is committed to thoroughly, reliably. and impartially investigating complaints of alleged sexual harassment and taking action to stop the harassment. prevent further harassment, and remedy the effects of the harassment. Any investigation related to a complaint under this policy will be conducted impartially. with confidentiality and respect for the rights of all individuals involved. Information related to the investigation will be released only on a need-to- know basis consistent with applicable law or to any external investigative agency who is investigating a complaint under their jurisdiction. Northern will take steps to investigate any complaint or report of sexual harassment consistent with a request for con?dentiality, and must weigh a request for confidentiality with responsibility to provide a safe. non-discriminatory environment for students and employees. It may be necessary in appropriate cases to explain that con?dentiality may not be ensured. The President, or designee, will be the final authority on releasing any information or documents to a speci?c case. All investigative ?les will be maintained and controlled by the Title IX Coordinator. UNITED STATES DEPARTMENT OF EDUCATION - ARIZONA OFHCL FOR CIVIL ITS comm, NEW 1244 SPEER BLVD. some 310 u, DENVER, co 811314-3582 WYOMING October 28. 2013 Dr. Nancy Barcel?. President Northern New Mexico College 921 N. Paseo de ()?ate Espa?ola. New Mexico 87532 RE: Northern New Mexico College Case Number 08-] 1-2125 Dear Dr. Barcelo: This letter updates the monitoring requirements for Northern New Mexico College for the referenced case. The College. pursuant to its request. entered into a January 31. 2012 Resolution Agreement that resolved the allegations of the complaint. OCR accepted for investigation the Complainant?s allegations that 1. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. 3. The College retaliated against the Complainant by: instructing her to attend a face-to- face meeting with the student alleged to have sexually assaulted her and two other students: by intimidating and coercing her so she would not ?le a sexual harassment complaint: by accusing her ot'cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint: and by coercing her not to enroll in CHEM 4. The College failed to designate a Title lX coordinator.l The College failed to adopt and publish adequate Title lX grievance procedures. 5" The Agreement required that the College submit reports demonstrating that the terms 01' the Agreement were fully implemented. We received the College?s most recent monitoring report on August 30. 2013. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 and its implementing regulation at 34 11R. Part 106. which prohibit discrimination on the basis ol'sex in education programs and activities that receive Federal ?nancial assistance from the United States Department of Education. lndividuals tiling a complaint. participating in an investigation. or asserting a right under Title IX are protected from intimidation or retaliation by 34 .F.R. 106.71. which incorporates 34 C.F.R. As a recipient of Federal Financial assistance We investigated this allegation and found there was no violation and that the College had designated a Title IX Coordinator. The Department of Education's mission is to promote student achievement and preparation tor global competitiveness by fostering educational excellence and ensuring equal access. Page 2 of 4 from the Department the College is subject to this law and regulation. Additional information about the laws OCR enforces is available on our website at A discussion of the College?s reports and our monitoring ofits compliance with the Agreement is outlined in the following discussion. Terms ol'the Agreement are quoted in italics followed by our comments regarding our evaluation of the College?s reports. We previously detemiined that the College had satis?ed several of the terms ofthe Agreement; those terms are summarized in what follows. As discussed in the following. the monitoring is complete and the case is closed. Title IX Grievance Procedures Action Steps #2 The College completed Action Steps #1 and #2 in accordance with the Agreement. The several elements of Step #1 focused on developing compliant and effective Title IX grievance procedures. providing for the prompt and equitable resolution ol?complaints alleging violations of the Title IX regulation (see. 34 .F .R. Step #2 addressed the adoption and implementation of the grievance procedures once approved by OCR. OCR con?rmed the completion of both Steps. On January 3. 2013. OCR approved the College?s Title IX grievance procedures for students and employees to address complaints of sex discrimination (including sexual harassment. sexual assault. and sexual violence), as required by Title implementing regulation at 34 CPR. On March 18, 2013, OCR con?rmed that the College had adopted and implemented the new Title IX grievance procedures. OCR has determined that Steps #1 and #2 have been completed. Notice of Nondiscrimination/Title IX Coordinator Action Steps #3 - #5 Action Steps #3 and #4 called for the College to revise and publish its notice of nondiscrimination required by 34 CPR. 106.9. OCR reviewed and approved the revisions on January 13. 2013, and con?rmed the publication on the College?s website on September 24. 2013. The College documented that the notice. including identification oI'tlte title or name. of?ce address. and telephone number for the ollege?s Title IX coordinator was properly published after approval. Action Step #5 required the revision of the job description and training requirements for the Title IX Coordinator and others involved in processing grievances under the procedures revised pursuant to Action Step ll 1. OCR confirmed completion of Step #5 on March 18. 2013. This information was also communicated by letter/c-mail to all students. staff. and faculty by the College President on July 16. 2013. OCR earlier determined Steps #3 - #5 are complete (with the exception of the matter discussed in the follmving paragraph). In our monitoring response ofJun 18. 2013. we asked the College to report on the completion of Action Step #3 (last sentence). Action Step #4 (documentation of electronic and printed publication of information). The relevant portions of these Steps provide 3. . . . The College will widely publish this notice [the notice oft/7e name and contact in/ot?mationfor the Title IX coordinator] consistent with the requirements of3-l C. F. R. 106.9. Page 3 ON 4. . . The College will ensure that. . . electronic and printed publications ol'general distribution that provide information to employees and students about ('ollege services contain the notice ofnondiscriminalion. . . . The College sent by e-mail to faculty. staff. and students a letter from the President providing information on where the Title IX policy, the notice of nondiscrimination. and information about the Title IX Coordinator can be found and where copies can be obtained along with the name and contact information for the Title IX Coordinator on August 22. 2013. Additionally. copies of the notice and policy were provided during Title IX training (during student orientation and at the April 2012 and August 2013 faculty and staff trainings) and are available on the College?s website. These Steps and are now complete. Training for Title IX Coordinator and College Personnel Action Steps #6 - #8 OCR found on June 18. 2013. that the Title IX training for the Title IX Coordinator required by Step #6 had been completed. and OCR continued on March 18, 2013. the training for all administrators, professors, instructors. coaches. and other staff who interact with students on a regular basis required by Step #7 was completed. OCR earlier determined that Steps #6 and #7 are complete. In our monitoring response ofJun 18, 2013. we asked the College to report on the completion of Action Step #8 that provides 8. . . . the College will develop an annual Title IX training program to ensure that staff andfaculty receive adequate training. which program could consist of one or more in- depth training sessions or a refresher. The College provided its ?Title IX Training Plan. August 1. 2013.? The plan calls for training for faculty and staff. as well as for students. concerning the College?s policy prohibiting sex discrimination. its Title IX grievance process. and the prohibition against retaliating against those who make complaints or cooperate in the investigation of complaints. We con?rmed that the Title IX Coordinator is designated as the individual responsible for the training and the plan calls for providing copies of the College's Title IX policy to students. faculty. and staff as part ofthe training or student orientation. With the College?s most recent submission. Step too. is complete. Individual Remedies Action Steps #9 - #14 Action Steps #9 through #14 provided individual remedies for the Complainant and two other students and the general student population. By letter on March 18, 2013. OCR found that Step requiring an informational session regarding Title IX. and been provided as part of the annual student orientation for new and retuming students. By letter on June 12. 2012. we found the College had completed the requirements of Steps #10-13. covering individual remedies for the Complainant and two other students. including tuition refunds required by Step #13. OCR has determined that Steps #9 - #13 are complete. Page of 4 Step 3:14 requires that . . . 'o//egt' ti'i/l individual/t not/ft I/zt' Complainant in writing oft/1c rci'ixt'c/ nun- [Io/[er andprocedures" uni/provide her crimes: The (?ollege provided OCR a copy ol'the letter sent to the Complainant on Jul)" 30. EU I 3. with proolol?deliver}. The letter contained inl'ormation about the College?s revised polie}. information on how to locate the polic) on the College's wehpage. and included a cop) ol~ the revised policy. With the College?s recent submission. Step is complete. Based on our review ol'the College?s current and pt'L?ViUttS reports. we have detern'iined that the (?ollege has met all Agreement Terms and that l'urther monitoring is not required. This case is closed effective the date of this letter. We sincet'el) appreciate the College?s el?l?orts in meeting the terms ol' its Agreement. are particularly grateful for the et?l?orts that the ne\\ Title IX Coordinator. Mr. liernie Padilla. expended to ensure completion ol?the agreement. We are closing' this case ell?eetixe the date ol this letter. Please do not hesitate to contact Mr. Jim Long at or a: (303) 84?i- 4821 il?you have any questions or concerns. Sincerely. .l .I Aaron Remine Regional lPireetor I CC: Complainant US. Department of Education Grant Awards - Detail Help Risk. Us: Text Search Page 1 of 1 Pub"; Module ?gm: Grant Award - Detail US. Department of Education Grant/Cooperative-Agreement Award NORTHERN NEW MEXICO COLLEGE 2010 921 PASEO DE ONATE ESPANOLA, NM 87532 Obligated Amount Award Date CFDA Subprogram CFDA Title Award Type Grantee Project Director Project Director Phone Start Date End Date ED Grant Number ED Program Of?ce Grantee Name Addressl AddressZ City State Zip Code Cong. District Unit ID Sector Sector Text HBCU Tribal HSI Fiscal Year New Award Year Abstract Text Direct Link to this Record c: Previous Page I $563,364.00 09/23/10 84.031M Date Search AbstracLSearch Summary Reports Higher Ed - Institutional Aid Promoting Postbaccalaureate Opportunities for Hispanic Americans (PPOHA) Discretionary (bxe); (DUD) 141-4194 10/01/10 09/30/ 15 P031M105030 OPE NORTHERN NEW MEXICO COLLEGE 921 PASEO DE ONATE ESPANOLA NM 87532 03 188058 1 Public, 4-year or above NO NO YES 2010 2010 Abstract not available. 39.2.0 19. 3.3.. http://wdcrobcolpOl .ed. 5/5/20] 1