What is Title IX?

Filing a complaint:

* For additional information or to file a compliant externally, you may also contact The California Department of Education. or contact the US Department of Education Office of Civil Rights.

The federal law prohibiting sex discrimination in educational institutions is Title IX of the Educational Amendments Act of 1972 (amending the Higher Education Act of 1965). This act is codified as Title 20, United States Code, Chapter 38, Sections 1681-1686. The act was also amended by the Civil Rights Restoration Act of 1987 ("Title IX").

The law states that "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. The amendment in 1987 expanded the definition of program or activity to include all the operations of an educational institution, governmental entity or private employer that receives federal funds.

Title IX forbids sex discrimination in all university student services and academic programs including, but not limited to, admissions, financial aid, academic advising, housing, athletics, recreational services, college residential life programs, health services, counseling and psychological services, Registrar's office, classroom assignments, grading and discipline. Title IX also forbids discrimination because of sex in employment and recruitment consideration or selection, whether full time or part time, under any education program or activity operated by an institution receiving or benefiting from federal financial assistance ("recipient").

Important Legislature

AB 1433:
State Law Mandatory Reporting: Violent crime, hate crime or sexual assault whether committed on or off-campus.

Existing law, the Kristin Smart Campus Safety Act of 1998, requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent post-secondary institutions to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to Part 1 violent crimes. Existing law requires the written agreement to designate which law enforcement agency has operational responsibility for the investigation of each 

Part 1 violent crime and delineate the specific geographical boundaries of each agency's operational responsibility, including maps as necessary. This bill would provide that the written agreement shall also require any report of a Part 1 violent crime or hate crime received by a campus law enforcement agency to be immediately reported to the appropriate local law enforcement agency if the victim consents, and forbid such a report absent that consent. By requiring community college districts and local law enforcement agency to enter into a written agreement in regard to a new obligation, this bill would impose a state-mandated local program.   

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

This bill would declare that it is to take effect immediately as an urgency statute.

SB 967:
Affirmative Consent Law:

Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt and implement written procedures or protocols to ensure that students, faculty, and staff who are victims of sexual assault on the grounds or facilities of their institutions receive treatment and information, including a description of on-campus and off-campus resources.
 
This bill would require the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt policies concerning sexual assault, domestic violence, dating violence, and stalking that include certain elements, including an affirmative consent standard in the determination of whether consent was given by a complainant. The bill would require these governing boards to adopt certain sexual assault policies and protocols, as specified, and would require the governing boards, to the extent feasible, to enter into memoranda of understanding or other agreements or collaborative partnerships with on-campus and community-based organizations to refer students for assistance or make services available to students. The bill would also require the governing boards to implement comprehensive prevention and outreach programs addressing sexual assault, domestic violence, dating violence, and stalking. By requiring community college districts to adopt or modify certain policies and protocols, the bill would impose a state-mandated local program.
 
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
 
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Definitions

Sexual Violence:

The term "sexual violence" refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

Rape:

The term "rape" means the 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.

Sexual Assault:

The term "sexual assault" means an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's gender or sex.

Sexual Battery:

The term "sexual battery" means any willful and unlawful use of force or violence upon the person of another because of that person's gender or sex.

Sexual Coercion:

The term "sexual coercion" means the act of using pressure, alcohol or drugs, or force to have sexual contact with someone against his or her will.

Sexual Harassment:

The term "sexual harassment" means 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.

Hostile Environment Caused by Sexual Harassment

Sexual harassment conduct by an employee, another student, or a third party that is sufficiently serious that it denies or limits a student’s ability to participate in or benefit from the school’s program based on sex.

Gender-Based Harassment:

The term "gender-based harassment" means 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.

Dating Violence:

The term "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.  

Domestic Violence:

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by 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.

Stalking:

The term "stalking" means 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 to suffer substantial emotional distress.

Consent:

The term "consent" means positive cooperation in act or attitude pursuant to an exercise of free will. Consent is a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent and past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time and coercion, force, or threat of either invalidates consent.

Procedures 

Working together, safety and security within the properties of the District is everybody’s business. No community, of course, can be totally risk-free in today’s society. Students, faculty, staff and visitors are partners in creating an atmosphere that is safe and conducive to learning.

The Monterey campus is under the concurrent jurisdiction of the Monterey Police Department and Campus Security. On-campus Security personnel are available during most hours that classes are held. MPC Education Center at Marina is under the concurrent jurisdiction of the Marina Police Department and Campus Security.

Inquiries to the Marina Police Department can be made by calling the non-emergency number 831-384-7575. The Public Safety Training Center in Seaside is under the concurrent jurisdiction of the Seaside Police Department and Campus Security. Inquiries to the Seaside Police Department can be made by calling the non-emergency number 831-394-6811. A person may report any criminal action or any other emergency at any time - day or night - by calling 911. Routine inquiries should be addressed to the Security Office (831-646-4099) located in the Student Center on the Monterey Campus. 

Resources

Monterey Peninsula College Office of Human Resources

  • David A. Betts, Chief HR & Employee Relations Officer

Monterey Peninsula College Campus Security

  • MPC College Security (831) 646-4099
  • Monterey Campus
    (Current hours due to COVID-19 and subject to change)
    Monday-Friday: 5:00 AM to 11:00 PM
    Saturday: 7:00 AM - 5:35 PM
    Sunday: Closed

Monterey Peninsula College Student Health Services

  • LeAnn Contapay, Student Health Services Coordinator
  • Student Services Bldg; lower level near parking lot D
  • lcontapay@mpc.edu, (831) 646-4018
  • Monday, Tuesday & Thursday: 8:00 AM - 5:00 PM (Closed 12:30-1:00PM)
    Wednesday: 8:30 AM to 5:00 PM (Closed 12:30-1:00PM)
    Fridays: 8:00 AM - Noon

Police Departments 

Crisis Hotlines for Women and Men

  • Women's Crisis Center (Women only)
    • (831) 757-1001

 Hospitals

  • Community Hospital of Monterey Peninsula (CHOMP)
  • Salinas Valley Memorial Hospital

Legal Resources 

 Additional Services and Resources for Women and Men 

  • Circle of 6 (App)
    • With Circle of 6, you can connect with your friends to stay close, stay safe and prevent violence before it happens.
    • http://www.circleof6app.com/