Title IX

Arizona Western College’s Title IX Coordinators monitor compliance with applicable laws and coordinate the institution’s response to complaints of discrimination based on sex. The Title IX Coordinators will ensure that complaints of this nature are addressed by the appropriate College representatives and will assist complainants and respondents with supportive measures and resources if and when they may be warranted.

Questions about Title IX and information about how someone may report or file a formal complaint about an alleged violation are encouraged to contact one of Arizona Western College’s Title IX Coordinators.

TITLE IX COMPLIANCE COORDINATORS:

Katheline Ocampo
Chief Human Resources Officer
PO Box 929, Yuma, AZ, 85366-0929
(928) 344-7505
AWC-Title-IX@azwestern.edu

Dr. Nikki Hage
Associate Dean of Campus Life and Student Conduct
PO Box 929, Yuma, AZ, 85366-0929
(928) 344-7576
AWC-Title-IX@azwestern.edu

Alternatively, or in addition to the Title IX Coordinators, inquiries may be directed to the U.S. Department of Education’s Office for Civil Rights, the federal agency charged with enforcing compliance with Title IX:

Office for Civil Rights - Phoenix Office
Arizona Attorney General
1275 West Washington Street
Phoenix, AZ 85007-2926
Phone: (602) 542-5025
Fax: (602) 542-4085

Office for Civil Rights U.S. Department of Education
Headquarters
400 Maryland Avenue, SW, Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481 | FAX: (202) 453-6012
TTY#: (800) 877-8339 | Email: OCR@ed.gov |Web: http://www.ed.gov/ocr
Denver, CO 80204-3582
Telephone: 303-844-5695
FAX: 303-844-4303; TDD: 800-877-8339
Email: OCR@ed.gov

Arizona State Local Office for Civil Rights
Denver Office
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695
FAX: (303) 844-4303
Email: OCR.Denver@ed.gov

Examples of Sexual Harassment

An adjunct professor asks a student to go on a date with them in exchange for a good grade on a midterm assignment. This constitutes sexual harassment regardless of whether the student agrees to the request and irrespective of whether a good grade is promised or a bad grade is threatened.
A student repeatedly sends graphic, sexually-oriented jokes and pictures around campus via social media to hundreds of other students. Many don’t find it funny and ask the sender to stop, but the sender does not. Because of these jokes and pictures, one student avoids the sender on campus, and another drops a class they had together.
An ex-partner widely spreads false stories about their sex life with a former partner to the clear discomfort and frustration of the former partner, a student at the college, turning the former partner into a social pariah on campus.

Examples of Stalking

Students A and B were friends with benefits. Student A wanted a more serious relationship, which caused student B to break it off. Student A could not let go, and pursued student B relentlessly. Student B obtained a campus no-contact order. Subsequently, Student B discovered their social media accounts were being accessed, and things were being posted and messaged as if they were from them, but they were not. Whoever accessed their account posted a picture of a penis, making it look as if they had sent out a picture of themselves, though it was not their penis. This caused them considerable embarrassment and social anxiety. They changed their passwords, only to have it happen again. Seeking help from the Title IX Coordinator, Student B met with the IT department, which discovered an app on their phone and a keystroke recorder on their laptop, both of which were being used to transmit their data to a third party.
An employee working as an on-campus tutor received flowers and gifts delivered to their office. After learning the gifts were from a student they recently tutored, the employee thanked the student and stated that it was not necessary and would appreciate it if the gift deliveries stopped. The student then started leaving notes of love and gratitude on the tutor’s car, both on-campus and at home. Asked again to stop, the student stated by email, “You can ask me to stop, but I’m not giving up. We are meant to be together, and I’ll do anything to make you have the feelings for me that I have for you.” When the tutor did not respond, the student emailed again, “You cannot escape me. I will track you to the ends of the earth. If I can’t have you, no one will.”

Examples of Sexual Assault

Amanda and Bill meet at a student chess club party. They spend the evening dancing and getting to know each other. Bill convinces Amanda to find an empty room in the campus’ student center. After finding an empty room, Bill uses every line he can think of to convince Amanda to have sex with him, but she adamantly refuses. Despite her clear communications that she is not interested in doing anything sexual with him, Bill keeps at her, questions her religious convictions, and accuses her of being “a prude.” He brings up several rumors that he has heard about how she performed oral sex on a number of other guys. Finally, it seems to Bill that her resolve is weakening, and he convinces her to “jerk him off” (hand to genital contact). Amanda would have never done it but for Bill's incessant advances. He feels that he successfully seduced her and that she wanted to do it all along but was playing shy and hard to get. Why else would she have gone away with him to an empty room with him.  If she really didn't want it, she could have left.

Examples of Retaliation

A faculty member alleges gender inequity in pay within her department. The Department Chair subsequently revokes his approval for her to attend a national conference, citing the faculty member’s tendency to “ruffle feathers.”

A student from Organization A participates in a sexual misconduct investigation as a witness whose testimony is damaging to the Respondent, who is also a member of Organization A; the student is subsequently removed as a member of Organization A because of their participation in the investigation.

These examples have been provided by ATIXA and are reproduced here with permission.

Arizona Western College prohibits discrimination on the basis of sex in admissions, recruitment, education, employment, enrollment, as well as in the provision of all services, programs, and activities. The policy of Arizona Western College is to provide an educational, employment, and business environment free of sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting Sexual Harassment as prohibited by state and federal law. This Policy prohibits Sexual Harassment and Discrimination in any college education program or activity, which means all academic, educational, extracurricular, athletic, and other programs.

Prohibited behaviors are defined as:

1. Sexual Harassment. Any unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives a student of the ability to participate in or benefit from any AWC educational program or activity. The unwelcome behavior may be based on power differentials, the creation of a Hostile Environment, or retaliation for allegations of Sexual Harassment under this Policy. Sexual Harassment can occur regardless of the relationship, position or respective sex of the parties. Sexual Harassment includes Hostile Environment Harassment, Sexual Assault, Inducing Incapacitation for Sexual Purposes, Sexual Exploitation, Dating Violence, and Stalking. Same-sex Sexual Harassment violates this Policy. Sexual Harassment by and between students; employees and students; and campus visitors and students are prohibited by this Policy.

Depending on the particular circumstances, Sexual Harassment may include, but is not limited to, the following:

1. Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body in a sexual manner.
2. Offering or implying an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct.
3. Threatening or taking a negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's academic work more difficult because sexual conduct is rejected.
4. The use or display in the classroom, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons, or graffiti without pedagogical justification.
5. Explicit sexual comments by one or more students about another student, or circulating drawings or other images depicting a student in a sexual manner.
6. Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments by a student about another student’s sexuality or sexual experience. Such conduct between peers must be sufficiently severe, persistent, or pervasive that it creates an educational environment that is hostile or abusive. A single incident involving severe misconduct may rise to the level of Sexual Harassment.

2. Hostile Environment Harassment. Harassment based on sex, pregnancy, gender identity, gender expression, or sexual orientation that is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the college’s programs, services, opportunities, or activities.
   
   A Hostile Environment can be created by anyone involved in a college program or activity (e.g., administrators, faculty members, students, and campus visitors or contractors). Mere offensiveness is not enough to create a Hostile Environment.  Although repeated incidents increase the likelihood that harassment has created a Hostile Environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.
   
   In determining whether harassment has created a Hostile Environment, consideration will be made not only as to whether the conduct was unwelcoming to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive.  Also, the following factors will be considered:
   1. the degree to which the conduct affected one or more students’ education;
   2. the nature, scope, frequency, duration, and location of incident or incidents;
   3. the identity, number, and relationships of persons involved;
   4. the nature of higher education.
3. Sexual Assault. An act involving forced or coerced sexual penetration or sexual contact.
4. Inducing Incapacitation for Sexual Purposes. Using drugs, alcohol, or other means with the intent to affect, or having an actual effect on, the ability of an individual to consent or refuse to consent to sexual contact.
5. Sexual Exploitation. Taking non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and such behavior does not otherwise constitute a form of Sexual Harassment under this Policy.  Examples of behavior that could rise to the level of Sexual Exploitation include:
   1. Prostituting another person;
   2. Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;
   3. Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
   4. Going beyond the bounds of consent (such as letting your friends hide in the closet to watch you having consensual sex);
   5. Engaging in non-consensual voyeurism;
   6. Knowingly transmitting an STI (sexually transmitted infection), such as HIV, to another without disclosing one’s STI status;
   7. Exposing one’s genitals in non-consensual circumstances, or inducing another to expose his or her genitals;
   8. Possessing, distributing, viewing, or forcing others to view obscenity.
6. Dating Violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. the length of the relationship;
   2. the type of relationship;
   3. the frequency of interaction between the persons involved in the relationship.
7. Stalking.  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.
8. Consenting to Sexual Activity.  Consent is clear, knowing, and voluntary; it is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in sexual activity.
   
   Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent in future sexual acts.  Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion.
   
   Coercion is unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  When people make clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. In order to give effective consent, one must be age 18 or older.
   
   If you have sexual activity with someone you know to be – or should know to be – mentally or physically incapacitated, you are in violation of this Policy.  Incapacitation is a state where one cannot make a rational, reasonable decision because one lacks the ability to understand the who, what, where, why or how of that person’s sexual interaction.

Arizona Western College is dedicated to creating and supporting an inclusive education and work environment free of harassment and discrimination. In support of our commitment to this goal, during the Fall 2020 term AWC will be offering a Title IX prevention program to its employees and students. 

Harassment Prevention training will be available for all institution employees inclusive of Faculty, Staff, Designated Campus Colleagues and Student Employees. All employees and students of the AWC College Community are required to take the training. 

The following legal definitions are provided to assist in understanding when behavior that violates College policy may also violate federal or state law. If you believe you have been a victim of a crime, please consider taking action to preserve any evidence that may be helpful to you in pursuing legal or protective action. You have the right to pursue both the criminal and the campus processes to address incidents that may violate both the law and campus policy. The campus process is not designed to be a substitute for the criminal justice process. You can also review or print a brochure of your rights and options.

1. Sex Offenses, defined by the FBI as any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent. This includes:
   • Rape: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
   • Fondling: the touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
   • Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
   • Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent
2. Domestic Violence: As defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)), domestic violence means a felony or misdemeanor crime of violence committed by:
   • A current or former spouse or intimate partner of the victim,
   • A person with whom the victim shares a child in common,
   • A person who is co-habitating with or has cohabitated with the victim as a spouse or intimate partner,
   • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under VAWA], or
   • Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction
3. Dating Violence: As defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)), dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
4. Sexual Assault, defined in the State of Illinois as “Sexual penetration by force or threat of force or an act of sexual penetration when the victim was unable to understand the nature of the act or was unable to give knowing consent.” (720 ILCS 5 Criminal Code of 1961 § 12-13) Illinois State Law defines sexual penetration as: “Any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.” (720 ILCS 5 Criminal Code of 1961 §12-12(f))
5. Stalking: Section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) defines stalking as: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. (For the purpose of this definition, “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. “Reasonable person” means a reasonable person under similar circumstances and with a similar identity to the victim.

Arizona Western College is committed to creating and maintaining a safe and inclusive community dedicated to the advancement of students, faculty, and staff. The Pregnancy/Parenting Accommodations Request form is available to all Arizona Western College Students requesting accommodations related to Title IX Conditions. 

Title IX prohibits discrimination on the basis of sex – including pregnancy and parental status – in educational programs and activities. In compliance with Title IX, Arizona Western College Staff and Title IX Coordinator(s) pledge to collaborate on a case-by-case basis with all students facing pregnancy and parenting issues. We also pledge to provide strategies that support the academic freedom of faculty and the academic integrity of the learning environment.

Please use this form to request assistance regarding a pregnancy/parenting situation. Based on your report, an Arizona Western College representative will contact you to provide information related to Title IX and Title IX-related conditions accommodation requests.

Pregnancy/Parenting Accommodations Request