Understanding Title IX & Sexual Misconduct
What is Title IX?
According to the U.S. Department of Education, Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX 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.
Title IX Definitions
For definitions applicable to this procedure, refer to Appendix A in System Procedure (SP) 19-60a.
What You Can Do
- Admit that a problem exists.
- Tell the person what you find offensive.
- Document everything you can.
- Tell someone what is happening.
- Get to a safe place.
- It is normal to feel shocked, but don’t feel guilt or shame.
- Do not change ANYTHING about the scene or yourself. This means you shouldn’t change your clothes, wash, comb your hair, or alter anything about the environment in which the act occurred.
- Get help! Contact the police, go the E.R., call a crisis center, etc.
- File a report
Under Colorado law, public colleges are required to provide the following information for students who are victims of sexual assault.
If you are a victim of a sexual assault, you may request a medical forensic exam (SANE). This is important if you think you want to seek legal action. It is vital that a victim obtains medical treatment as soon as possible and does not bathe, shower, douche, or change clothes until given permission by medical personnel. You can have the exam without having to report the assault to law enforcement. You will not be charged for the cost of the exam.
Resources at MCC
We have staff members that have been trained in Title IX reporting and procedures and are ready to help you:
Training and Compliance Requirements
Colleges must ensure that employees receive regular training related to their role in a civil rights/sexual misconduct case.
All employees working on a Title IX/Sexual Harassment case (including Title IX/EO Coordinators, investigators, hearing officers, and informal resolution facilitators) must receive training on the following topics:
- The Prohibition of Discrimination, Harassment or Retaliation Policy and Civil Rights and Sexual Misconduct Resolution Procedure (or the College-specific nondiscrimination policy and complaint procedure);
- Definition of Sexual Harassment;
- The scope of the College’s program or activity where the conduct occurred; How to conduct an investigation, hearing, appeal, or informal resolution, as applicable; and
- How to serve impartially, including avoiding prejudgment of facts, conflicts of interest and bias.
Additionally, Colleges must offer training to promote awareness of and prevention of sexual misconduct and training on the Prohibition of Discrimination, Harassment or Retaliation Policy and Civil Rights and Sexual Misconduct Resolution Procedure (or the College-specific nondiscrimination policy and complaint procedure). This training must be offered annually to all incoming students and new employees and to all students and employees anytime there is a substantial update to the policy or procedure.
Prohibition of Discrimination, Harassment, or Retaliation
Morgan Community College (MCC) and the Colorado Community College (CCCS) Board Policy (BP) 19-60 provides that individuals affiliated with MCC shall not discriminate or harass on the basis of sex, gender, race, color, age, creed, national or ethnic origin, ancestry, physical or mental disability, familial status, veteran or military status, pregnancy status, religion, genetic information, gender identity, sexual orientation, or any other protected class or category under applicable local, state or federal law (also known as “civil rights laws”),_in connection with employment practices or educational programs and activities (including admissions). SP 19-60a further provides that individuals affiliated with MCC shall not retaliate against any person who opposes discrimination, harassment or retaliation, or participates in any complain or investigation process.
For information regarding civil rights compliance or grievance procedures contact:
You may also contact the Office for Civil Rights, U.S. Department of Education, Region VIII, Federal Office Building, 1244 North Speer Boulevard, Suite 310, Denver, CO 80204, telephone (303) 844-3417.
Civil Rights and Sexual Misconduct Resolution Process
CCCS System Procedure (SP) 19-60a details the reporting requirements, process by which investigations are conducted depending on the type of case, definitions of discrimination, harassment, retaliation, and sexual misconduct, MCC’s responsibility in the processes, the rights of involved parties, and procedures for live hearings in cases involving sexual misconduct allegations arising from conduct within the United States.
For allegations arising out of incidents that occurred before August 12, 2020, the following CCCS policies will apply in place of SP 19-60:
Prohibition of Discrimination or Harassment: BP 3-120 and BP 19-60 provide that employees and students shall not be subjected to unlawful discrimination and/or harassment on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation in employment conditions or educational programs or activities.
Civil Rights Grievance and Investigation Process: SP 3-50a and SP 19-60a provide the definitions of discrimination and harassment, reporting requirements, and the process by which a formal investigation is conducted.
Sexual Misconduct Procedures: SP 19-60a provides the definition of sexual misconduct, the College’s responsibility, and reporting requirements.