Title IX Complaint Handling Process
When the college receives a Title IX complaint, there are four potential pathways that determine how the complaint will be processed:
1. The Complaint Falls Within Title IX and Is Covered by Title IX Regulations
A complaint will be handled under Title IX regulations when it alleges sexual harassment, sexual assault, dating violence, domestic violence, and/or stalking and meets all of the following criteria:
- The alleged conduct occurred in the United States;
- The alleged conduct occurred in a context where the college has control over the respondent and the environment (e.g., a college-sponsored program, activity, or property);
- The respondent is a student or employee over whom the college has jurisdiction; and
- The complainant was participating in or attempting to participate in the college’s educational program or activity at the time the reported incident occurred.
If any one of these criteria is not met, the college is required to formally dismiss the complaint under Title IX regulations.
2. The Complaint Falls Within Title IX but Is Not Covered by Title IX Regulations
Complaints that allege sex-based discrimination but do not involve sexual harassment, sexual assault, dating violence, domestic violence, or stalking fall into this category. Examples include:
- Disparate treatment based on sex (e.g., discrimination against pregnant students, unequal access to programs, inequitable funding);
- Discrimination based on sexual orientation;
- Discrimination based on gender identity or expression (e.g., sex stereotyping).
Under Title IX regulations, such complaints must also be formally dismissed as Title IX cases. However, the college will address these concerns under other applicable college policies and procedures.
3. The Complaint Falls Within the Scope of the Violence Against Women Act (VAWA) Section 304
If a complaint involves sexual violence, dating violence, domestic violence, or stalking but does not meet Title IX jurisdictional requirements, it may still fall under the purview of VAWA Section 304. In such cases, the college must follow procedures consistent with VAWA, and the complaint will be addressed under the college’s applicable policies and procedures.
4. The Complaint Falls Outside the Scope of Title IX and VAWA
If a complaint does not fall within the scope of either Title IX or VAWA, the college is not legally required to act. However, the college reserves discretionary jurisdiction and may choose to address the allegations under its own policies and procedures, reflecting its commitment to creating a safe and equitable environment.
Mandatory Dismissals Under Title IX
The college is required to dismiss a formal complaint or any specific allegations under Title IX at any point during the investigation or hearing if it is determined that:
- The alleged conduct, even if proven, would not constitute sexual harassment, sexual assault, dating violence, domestic violence, or stalking under Title IX;
- The conduct did not occur within the college’s education program or activity, or the college does not have control over the respondent;
- The conduct did not occur within the United States; or
- The complainant was not participating in or attempting to participate in the college’s educational program or activity at the time the reported incident occurred.
Discretionary Dismissals
The college may also dismiss a formal complaint or specific allegations under the following circumstances:
- The complainant submits a written request to the Title IX Coordinator to withdraw the complaint or specific allegations;
- The respondent is no longer enrolled or employed by the college; or
- Circumstances arise that prevent the college from gathering sufficient evidence to reach a determination.
In all cases of dismissal, the college will provide written notice of the decision and its rationale to both parties simultaneously. This decision to dismiss is subject to appeal by either party.
See the college's current Title IX policies for students and for employees.
For assistance or questions regarding Title IX investigations, please contact the Title IX Coordinator at 425.640.1814 or visit the Title IX office, located in Clearview 122B.