Title IX & Related U.S. Laws Governing Sexual Discrimination in Education
"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." - Title IX of the Education Amendments of 1972.
Title IX prohibits all schools, colleges, and universities, which receive federal funds, from discrimination on the basis of sex. Sexual discrimination under Title IX includes sexual harassment and sexual violence, including rape and sexual assault. In addition, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (aka Clery Act) requires institutions of higher education to comply with certain campus safety- and security-related requirements as a condition of their participation in the title IV, Higher Education Act (HEA) of 1965, as amended, to the original HEA programs. The Clery Act requires all colleges and universities that participate in federal financial aid programs to maintain and disclose information related to crime on college campuses, including sexual assault. Another additional law, notably, the Violence Against Women's Reauthorization Act of 2013 (VAWA) amended the Clery Act to now require institutions to compile statistics for incidents of dating violence, domestic violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports.
Guam Community College (GCC) is committed to achieving equal opportunity education free of sexual discrimination and harassment. GCC also strives to ensure that safety for each individual, inclusive of students, employees, or visitors, is provided campus-wide, including safety from any threat of sexual discrimination, harassment, or violence. Members of the GCC campus community are expected to conduct themselves in a manner that does not infringe upon nor violates the rights of others. GCC strictly follows and enforces all federal laws and guidelines guaranteed under Title IX and enforced by the U.S. Department of Education's Office of Civil Rights in ensuring that all students are free of sexual discrimination in any form. GCC's commitment to a campus free of Sexual Discrimination and Harassment is found in GCC's Board of Trustees Policy 185: SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION PREVENTION,
which states, in part: "Sanctions will be imposed on employees, students, or other members of the College community who violate this policy in accordance that adopted employee/student codes of conduct and disciplinary procedures, personnel rules and regulations, guidelines contained in employee/student handbooks, the College catalogue, Board/Union collective bargaining agreements, territorial and federal law, and other procedures established by the College for purposes of implementing this policy." This policy can viewed in its entirety by following the link at bottom of this page.
Title IX Compliance Statement
The Guam Community College does not discriminate on the basis of sex in the admission to or employment in its education programs or activities. Inquiries concerning the application of Title IX and its implementing regulations should be referred to the College's Title IX Coordinator, located at the Office of Accommodative Services/Title IX Coordinator. Inquiries may also be made to the Office of Civil Rights (OCR).
Guam Community College encourages individuals who believe they may have experienced discrimination or harassment in violation of the College's policy, or are aware that another person has allegedly engaged in such discrimination or harassment, to report such information using the GCC complaint process. An investigative review of such a complaint will be conducted expeditiously. Complaints will be resolved promptly within established timelines as outlined in the College's policies and procedures. Confidentiality will be maintained to the extent appropriate in due consideration of the circumstances. In addition to these procedures, complaints may also be filed with the Office of Civil Rights of the U.S. Department of Education:
50 Beale street, Suite 7200
San Francisco, Ca 94105
SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION PREVENTION
As required by the Higher Education Amendments of 1992 and Title IX of the Education Act Amendment of 1972 Guam Community College promotes awareness of rape, acquaintance rape, and other sex offenses and the procedures for reporting offenses in its Sexual Discrimination and Harassment Complaint/Grievance Procedures. The College does this by providing training on campus on issues related to Title IX and Sexual Discrimination.
Climate surveys will be conducted periodically to monitor the awareness and needs of the campus community in regards to sexual discrimination and harassment. Trainings, resources, and strategies will be developed based on the results of the climate surveys.
For a better understanding of Title IX and the services of the Title IX office at GCC, please spend a few minutes reading the information below.
What are the purposes of the Title IX Office?
(a) Ensure that all students, faculty, and employees experience a campus free of sexual discrimination and harassment.
(b) Work closely with the administration and faculty in an advisory and monitoring capacity.
(c) Assist in the development of policies, procedures, and guidelines that protect the rights of all members of the campus community
Who is responsible for Title IX compliance at GCC?
(d) Provide training and awareness of all persons' rights as protected under Title IX.
The Title IX Coordinator is responsible for monitoring that GCC is in compliance with all Title IX and federal policies regarding Sexual Discrimination.
How can I contact the GCC Title IX Coordinator?
You can contact the GCC Title IX Co-Coordinators at:
Dennis Santo Tomas (671)735-5611 or email: firstname.lastname@example.org
John Payne (671) 735-5597 or email: email@example.com.
How can I get more information on the policies and procedures for filing a complaint regarding Title IX / Sexual Discrimination / Sexual Harassment ?
(a) Students should contact: the Title IX Coordinator, Student Support Services, or the Environmental Health and Safety Office. Staff in these offices will be able to guide or direct the student to someone who can assist in the complaint process. Students should try to be familiar with the Complaint Process and their rights as outlined in the GCC Student Handbook and the GCC Sexual Discrimination and Harassment Complaint/Grievance Procedures.
(b) In cases of faculty, staff, and other employees wishing to know more about the complaint process or if they wish to file a complaint are directed to see the Human Resources Office for guidance.
Dennis Santo Tomas
Title IX C-Coordinator
Student Services & Administration Building
Room 2232 Hours: 8:00 am - 5:00 pm
John F. Payne
Title IX Co-Coordinator
Student Services & Administration Building
(Bldg. 2000), Room 2139 Hours: 8:00 am - 5:00 pm
Title IX Coordinator & Office of Accommodative Services: 735-5597
Program Specialist & Administrative Aide
Location: Rooms 2138 & 2139
1st Floor of Building 2000
Student Support Services: 735-5555/56/58
Associate Dean of Student Support Services
Location: Room 2222
2nd Floor of Building 2000
Night Administrator & Staff
Campus security (contracted private company)
Location: B Bldg. near Gate 3
Student Health Center: 735-8889/5586
Nurses & Administrative Aide
Location: Room 5119
Environmental Health & Safety Office: 788-2223/488-5826
Environmental Health & Safety Administrator
Location: Rooms 2219 & 2215
2nd Floor of Building 2000
Human Resources Office: 735-5539
Human Resources Administrator
Location: Room 2109
1st Floor of Building 2000.
Dean of Technology and Student Services: 735-5590
Location: Room 2229
2nd Floor of Building 2000
Dean of Trades and Professional Services: 735-5530
Location: Room 2233
2nd Floor of Building 2000
Center for Student Involvement: 735-5519/5518
Program Specialist & staff
Location: Room 5101
Student Center Building 5000
Assessment & Counseling: 735-5562/5582
Location: Room 2133
1st Floor of Building
Emergency Call Only: 911
Location: Guam Fire Department, DNA Bldg., Hagatna
Location: Guam Behavioral Health and Wellness Center, Tamuning
Victims’ Advocates Reaching Out (VARO)
Office number 477-8276
Victim Advocate on Duty - Contacted through Crisis Hotline 647-8833
Advocate on duty will respond.
Healing Hearts Rape Crisis Center: 647-5351
Forensic Nurse Examiner & Social Workers
Location: Tamuning, near Guam Memorial Hospital
Guam Behavioral Health and Wellness Center
Clinical Services: 647-5325
Guam Memorial Hospital
Emergency Room: 647-2271/2489
U.S. Navy Hospital
Emergency Department: 344-9232
Location: Agana Heights
Guam Coalition Against Sexual Assault & Family Violence
Ada Plaza Center, Building B – 206B/207B
173 Aspinall Avenue, Hagatna, Guam 96910
Community Resource Directory – Online
Office of Civil Rights—San Francisco Office
50 Beale Street, Suite 7200
San Francisco, CA 94105
Reporting Options for Victims of Sexual Discrimination /Misconduct:
(a) A detailed list of possible actions a student may take is found in both the GCC Student handbook and the GCC Sexual Discrimination and Harassment Complaint Grievance Procedures. A student may file an incident report /grievance/complaint with GCC using the grievance/complaint process, and in the cases of physical assault or threat, a criminal complaint with Guam Police. Both processes may take place concurrently. They are independent of each other. A student's decision to initiate or choose a complaint procedure or not is strictly voluntary.
(b) The student should report the incident to Student Support Services or the Title IX Coordinator as soon as possible after an incident if they wish to make a complaint. However, all complaints will be documented and investigated no matter how long a gap in time has elapsed from the time of the incident to the time it is reported. The student should be aware that the longer time has elapsed from the time of the alleged incident to the time of reporting, the greater the chances that vital testimony, evidence, or proof may be lost or compromised. This should not deter a student from coming forward.
(c) The student has a choice of making either an informal complaint or formal complaint.
(d) The Title IX Coordinator will go over the complaint procedure options with the student and provide the student with all information needed for the student to make a complaint. Resources, both on-campus and off-campus will be made available for the student.
(e) During the complaint process GCC will initiate interim procedures to protect the student. These procedures may include the separation of the student from the alleged perpetrator of the offense in classes, activities, and programs where there is the possibility of them interacting.
(f) The College has timelines in which it must investigate the allegations and make a report. Decisions on what actions will take place will be based on the preponderance of the evidence found during the investigation.
(g) In cases of a formal complaint, the accused must be notified that an investigation is taking place and that they will be interviewed.
(h) Both the student making the complaint and the alleged perpetrator will be informed of the outcome concurrently.
Step-By Step Guide for Staff, Faculty, and Administrators in assisting students who disclose a sexual assault:
Step 1: Provide care or assistance for the student a soon as possible. Once an incident is reported the student must be provided as much support as possible.
- First, ensure the physical safety of the student.
- Provide for immediate medical assistance in case of emergencies.
- Provide emotional support. Be non-judgmental. Inform student of their rights.
- GCC employees must document the incident as soon as possible.
Step 2: Provide student with resources. Student has choices as to who they may want to see or speak to. Do not re-victimize the student by forcing them to see
someone or take part in a process they don't want to participate in.
- Provide contact information for medical, psychological, and police support.
- Provide contact numbers for victims' advocates groups. (VARO and Guam Coalition Against Sexual Assault and Family Violence)
- Provide contact numbers for counselors and other support. Use the list of resources provided in the resource section.
Step 3: Provide all information to Title IX Coordinator if the student is filing a complaint.
Attention: (a) It is not the task of the staff or faculty to determine whether the Title IX Coordinator is notified. The T9C must be notified.
(b) It is also not the province of the staff or faculty to determine whether the allegations are true or false before rendering
assistance. You must assist the student as soon as possible.