What is Title IX?
Title IX of the Education Amendments of 1972 protects individuals from sex discrimination in educational programs and activities at institutions that receive federal financial assistance. Title IX states:
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." 20 USC 1681
Reed College is committed to maintaining environments that enable a free and diverse community in which all members can participate free from discrimination on the basis of sex. Reed provides resources to students, faculty, and staff to address concerns relating to discrimination on the basis of sex, which includes sexual misconduct. Reed's policy governing discrimination on the basis of sex is the Discriminatory Harassment and Sexual Misconduct Policy (DHSM). This policy details and explicitly prohibits specific forms of harassment and encourages the reporting of these prohibited behaviors. Reed College will work to prevent prohibited behaviors, to mitigate the risk of their recurrence, and to correct any discriminatory effects on a Complainant or others.
All members of the community have an obligation to inform themselves about Title IX and the DHSM, in order to recognize and take steps to prevent discrimination, harassment, and sexual misconduct, and to respond effectively if such behavior does occur.
Title IX Coordinator
Lorraine Arvin, vice president and treasurer, serves as the Title IX coordinator and in that role oversees and provides leadership for the activities related to Title IX compliance, training, investigations, enforcement, and reporting.
Lorraine J. Arvin, Vice President and Treasurer, 503/777-7506, Eliot 303
There are also three Title IX Deputy Coordinators at Reed College:
Deputy Coordinator for Students: Mike Brody, Vice President and Dean of Students, 503/777-7521, Eliot 218
Deputy Coordinator for Faculty: Nigel Nicholson, Dean of Faculty, 503/517-5546 Eliot 305
Deputy Coordinator for Staff: Michelle Valintis, Director of Human Resources, 503/777-7705 Eliot 305
The coordinator and the deputy coordinators may be contacted at firstname.lastname@example.org.
The Title IX coordinator and the deputy coordinators can answer questions regarding the process for reporting, investigating, and adjudicating complaints of gender discrimination, sexual harassment, sexual assault, or other potential Title IX violations. The coordinator and deputy coordinators are not a confidential resource but can direct community members to on- and off-campus confidential resources, as well as to other resources.
Title IX Reporting and Complaint Resolution Procedures
These procedures are designed to address and promptly resolve Title IX reports and complaints. Reports and complaints related to all other forms of discrimination or harassment follow the relevant procedures outlined in the Judicial Board Code (for reports or complaints related to conduct by students), in the Staff Policy and Procedures Manual (for reports or complaints related to conduct by staff), and in the Rules of Procedure of the Faculty (for reports or complaints related to conduct by faculty).
For the purposes of these procedures, the following definitions apply:
- Title IX Report: any report made to the Title IX coordinator, deputy coordinator(s) and/or community safety alleging behavior that may violate Title IX
- Reporting party: an individual who makes a Title IX report
- Subject(s) of a report: an individual mentioned in a Title IX report, either as the alleged perpetrator of the behavior in question, or the alleged target of said behavior
- Complaint: a report that results in a formal adjudication process by the appropriate Reed adjudicative body
- Complainant: an individual lodging a complaint
- Respondent: an individual alleged to have violated college policy and who has been identified as such in a complaint
- Investigator: the individual appointed by the Title IX coordinator to conduct an investigation of the Title IX report
- Investigative Report: a report that summarizes all of the pertinent information and facts resulting from the investigation of a Title IX report
The procedures described herein are applicable to the internal governance of Reed College. They are not a replacement for normal staff supervisory authority, nor do they replace the right of the college to initiate an investigation in the absence of a complaint.
These procedures also do not preclude external remedies for acts that may constitute violations of Title IX. Students, staff, faculty, parents, and other legitimate users of Reed College's facilities or programs have the option at all times to file a criminal complaint with law enforcement or to seek a civil remedy, in addition to or in place of using these procedures. In addition, individuals always have the right to file a formal complaint with the United States Department of Education.
United States Department of Education Office of Civil Rights (OCR)
400 Maryland Avenue SW
Washington, DC 20202-1100
The college has both principled reasons and a legal obligation to investigate possible violations of Title IX. All Reed community members (students, staff, and faculty) should help ensure that violations of Title IX are promptly reported. Normally, this means reporting any witnessed violations, or violations learned about through the disclosure of others. Reporting will not necessarily result in a complaint, but all complaints will be considered de facto Title IX reports.
The college encourages all members of the community to report all violations or possible violations of Title IX. However, certain employees and students must report. The college has designated the categories of employees listed below as obligated reporters under the DHSM. When an employee in one of these categories has reason to believe that a violation of Title IX may have occurred, he or she must report this possible violation, and should do so within 24 hours. Reports are to be made to the Title IX coordinator, the Title IX deputy coordinators, or to community safety. These reports can be made verbally (either in person or by phone), or in writing (either in hard copy or electronically).
College-designated Obligated Reporters:
- Members of the faculty
- President and Vice Presidents
- Supervisors of Reed staff
- Employees of student services, except student employees
- House advisers
The college's goal is to balance our duty to investigate with the privacy rights of subjects of Title IX reports and potential Complainants. As such, we provide several options for confidential reporting. Staff and faculty may undertake confidential discussions with a counselor through the Employee Assistance Program. Students who are unsure about whether they wish to initiate a complaint may undertake confidential preliminary discussions of possible violations with a counselor in the Health & Counseling Center. When they are providing or directly overseeing medical or mental health care, the staff of the Health & Counseling Center are normally exempt from reporting obligations related to that care.
Students wishing to make reports of sexual assault but not wishing to identify the alleged perpetrator may make such reports to the assistant dean for sexual assault prevention and response (ADSAPR). In such cases, the ADSAPR is not required to identify the person making the report or the alleged target of the behavior. The ADSAPR must, however, always notify the Title IX coordinator of the existence of such a report. In such cases, the investigation may be substantially limited as a result of the Title IX coordinator not being provided with information on the alleged perpetrator or alleged target of the behavior. If the ADSAPR becomes aware of the identity of the alleged perpetrator, the ADSAPR must include that information in his or her report to the Title IX coordinator. A report from the ADSAPR that includes the identity of the alleged perpetrator will result in an investigation according to the procedures listed below.
While it is often inherently difficult to gather the full facts in response to anonymous reports, the college will nonetheless conduct an investigation. The investigation will be as thorough as is practicable and will be appropriate to the specific report.
Who may initiate a Title IX Report?
Any community member, parent, or legitimate user of Reed College facilities or programs, not just the target(s) of the alleged Title IX violation, may initiate a Title IX report.
Where to file a Title IX Report
Reports may be made to the Title IX coordinator, the Title IX deputy coordinators, or alternatively, to the appropriate body for resolving the related complaint. Regarding students, complaints may be made to the Student Judicial Board or the Sexual Misconduct Board. Regarding staff, complaints may be made to the director of human resources. Regarding faculty, complaints may be made to the dean of the faculty. In the case of a complaint against a vice president, the dean of the faculty, or the director of human resources, the complaint may be made to the president. In the case of a complaint against the president, the complaint may be made to the chairman of the board of trustees.
Basic Elements of a Title IX Report
There is no formally required content. However, the following elements are important to facilitate the investigation process and whenever possible should be included when filing a Title IX report:
- Name and Reed affiliation (e.g. student, faculty, staff) of the person making the report;
- Name and Reed affiliation of the subjects of the report, i.e. the alleged target of prohibited behavior and the alleged perpetrator of prohibited behavior;
- A brief statement of the event or events which are the cause of the report, including relevant date(s), locations, etc.;
- If the report is in writing, the signature of the person making the report and the date of the filing of the report.
Notification to the Alleged Perpetrator
The alleged perpetrator of the behavior described in the report will be notified of the report within five (5) business days of receipt of the report by the Title IX coordinator or deputy coordinator or as quickly as is practicable. Notification will in most cases be the responsibility of the investigator.
During the investigation and subsequent resolution process, the college will take reasonable steps to protect and support the target of the alleged behavior.
In the event there are reasonable grounds to conclude that an individual poses a threat to members of the Community, the president or appropriate vice president may bar the that individual from access to campus, or may take other action deemed appropriate.
This provision in no way limits a supervisor's right to discipline or discharge a staff employee.
Every report implicating Reed College's compliance with Title IX will be investigated. The Title IX coordinator will assign an investigator to each report. Investigations will normally be conducted by the director of community safety when the alleged perpetrator is a student, by the director of human resources when the alleged perpetrator is a staff member, and in accordance with the Rules of Procedure of the Faculty when the alleged perpetrator is a faculty member. The investigation will be appropriate to the circumstances of the report and will normally consist of interviews with the subjects of the report, with witnesses and others who may have knowledge, and a review of pertinent documentation or other evidence.
Failure to cooperate with or interference in an investigation may result in discipline up to and including discharge for employees.
In accordance with the college's established judicial board process, students are not required to participate in Title IX investigations or resulting disciplinary proceedings.
At the conclusion of the investigation, the investigator or other designated person will prepare an investigative report that summarizes all of the pertinent information and facts. Under certain circumstances the identity of the target of the alleged behavior as well as certain witnesses may be kept confidential.
The investigative report will be given to the Title IX coordinator and to the subjects of the Title IX report, typically by the Investigator. In addition, the investigative report will be given to the Dean of Students when the alleged perpetrator is a student; the appropriate vice president and supervisor when the alleged perpetrator is an employee; the president when the alleged perpetrator is a vice president, dean of the faculty or director of human resources; and to the chairman of the board of trustees when the alleged perpetrator is the president.
Response to the Investigative Report
Upon receiving the investigative report the involved parties may consider the issue resolved, or may wish to resolve the issue through an informal resolution process (except in cases involving a report of sexual assault, which cannot be resolved by an informal resolution process). If the issue is not resolved, or there is no informal resolution process, then the resulting complaint shall be handled as follows:
- When the alleged perpetrator is a student, the alleged perpetrator or target of the behavior, or the dean of students or his/her designee, may refer the complaint to the Judicial Board process.
- When the alleged perpetrator is a staff member, the appropriate vice president, president, or chairman will determine whether additional action, including discipline up to and including discharge is required. A letter from the appropriate vice president, president or chairman will be given to the alleged perpetrator stating any action to be taken.
- When the alleged perpetrator is a faculty member, the response and any further proceedings will be in accordance with the Rules of Procedure of the Faculty.
- When the alleged perpetrator is someone other than a student, staff or faculty member, such as a contractor, an alumnus or an alumna, the Title IX coordinator will take appropriate action.
Any attempt to retaliate or any actual retaliation in response to a Title IX report is strictly prohibited and may result in discipline up to and including discharge for employees and suspension or expulsion for students, in accordance with the college's established judicial procedures.
Both subjects of the Title IX report, i.e. the alleged target and alleged perpetrator, have the right to file an appeal if there is disagreement with the results and conclusion of the resolution of the issue. An appeal must be filed in writing.
When the alleged perpetrator is a student, the appeal process shall proceed in accordance with the college's established judicial process, as described in the DHSM and the Judicial Board Code.
When the alleged perpetrator is a staff member, the appeal must be filed with the president within seven (7) working days of the date of the letter of response to the alleged perpetrator, stating why the employee believes the results and conclusion are unsatisfactory. The president shall review the record and investigate further if deemed necessary. The president shall make a decision and the decision will be final and binding on all parties.
When the alleged perpetrator is a faculty member, the appeal process will be conducted in accordance with the Rules of Procedure of the Faculty.
When the alleged perpetrator is a vice president, director of human resources or dean of the faculty, the appeal must be filed with the chairman of the board of trustees within seven (7) working days of the letter of response to the alleged perpetrator, stating why the alleged perpetrator believes the results and conclusion are unsatisfactory. The chairman shall review the record and investigate further if deemed necessary. The chairman shall make a decision and the decision will be final and binding on all parties.
When the alleged perpetrator is the president, the appeal must be filed with the executive committee of the board of trustees within seven (7) working days of the letter of response to the alleged perpetrator, stating why the alleged perpetrator believes the results and conclusion are unsatisfactory. The executive committee shall review the record and investigate further if deemed necessary. The executive committee shall make a decision and the decision will be final and binding on all parties.