Title IX

Title IX is a federal law passed in 1972 that states: "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."

NOTE:
The current Federal Title IX Regulations listed below align with the Colorado Community College System (CCCS) Procedure 19-60a Civil Rights and Sexual Misconduct Resolution Process.

Title IX and Northeastern Sexual Misconduct Procedure

https://cccs.edu/about/governance/policies-procedures/sp-19-60a-civil-rights-and-sexual-misconduct-resolution-process/

Listed here are the Civil Rights & Title IX Trainings that NJC's Title IX Coordinator and EO Coordinator have attended:

February 4, 2025, CCCS SP 19-60a Training
April 30, 2024 "2024 Title IX Regulations: What You Need to Know"
August 3, 2023 CCCS Informational update re. Colorado POWR Act and CCCS SP 19-60a updates
April 11, 2023 CCCS Civil Rights/Title IX Intake & Jurisdiction Training
October 23, 2022 CCCS Title IX/EO Coordinator and Deputies Training at Lowry Campus
August 18, 2021 Summit Web Page Training
March 3 2021 CCCS Live Hearing Training
July 28, 2020 Title IX Training
2019 Training Materials

Complaint form

CONCERN or INCIDENT REPORT FORM (maxient.com)

Clery Act and the Annual Security Report

Safety and Security - Clery | Northeastern Junior College (njc.edu)

Civil Rights and Sexual Misconduct Resolution Process

Application

This procedure applies to the Colorado Community College System, including its Colleges (CCCS or System).

Allegations that an individual has engaged in any discriminatory, harassing, and/or retaliatory behavior, including sexual misconduct, after the effective date of this procedure will be resolved under this procedure.

Basis

Board Policy (BP) 19-60 provides that individuals affiliated with CCCS 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 or marital status, veteran or military status, pregnancy status or related conditions, religion, genetic information, sexual orientation, sex characteristics, sex stereotypes, gender identity, or gender expression, 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 in admissions). BP 19-60 further provides that individuals affiliated with CCCS shall not retaliate against any person who opposes discrimination, harassment, or retaliation, or participates in any complaint or investigation process.

Notice of Nondiscrimination

Individuals affiliated with the Colorado Community College System, including Northeastern Junior College, 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 or related conditions, marital status, religion, genetic information, gender identity, sexual orientation, sex characteristics, sex stereotypes, gender expression, 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 in admissions). BP 19-60 further provides that individuals affiliated with CCCS shall not retaliate against any person who opposes discrimination, harassment, or retaliation, or participates in any complaint or investigation process.

Retaliation

The College prohibits any acts of retaliation. Retaliation is defined as any adverse employment or educational action taken against a person because of the person’s participation, or perceived participation, in a complaint or investigation of discrimination and/or harassment. Retaliation also includes any act to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege provided by applicable civil rights laws, policies, and procedures.

How to Report

Any person can make a report by contacting the Title IX Coordinator.
A report can be made at any time.
Northeastern Junior College employees, unless deemed a confidential resource by law, have an ethical obligation to promptly report any incidents they are aware of concerning civil rights violations. Reports should be made within 24 hours, unless there is reasonable justification for a delay. Employees unsure of the scope of this requirement may direct their questions to the Title IX/EO Coordinator. Failure to report will be considered a violation of BP 3-70, Colorado Community College System Code of Ethics, and may result in discipline, up to and including termination. All other individuals affiliated with CCCS are strongly encouraged to report civil rights violations.

Vice President of Student Services & Title IX Coordinator—Steve Smith; (970) 521-6657
Steven.Smith@njc.edu

Director of Human Resources & EO Coordinator-Jeri Estrada; (970) 521-6730
Jeri.Estrada@njc.edu

Assistant Director of Human Resources & Deputy Title IX Coordinator-Samantha Roberts; (970) 521-6661
Samantha.Roberts@njc.edu

Director of Residence Life and Student Activities—Brant Davis; (970) 521-6655
Brant.Davis@njc.edu

Campus Safety Coordinator—Andrew De Souza; (970) 521-6683
Andrew.Desouza@njc.edu

• To file a report of discrimination/harassment:
Contact the Title IX/EO Coordinator at the contact information provided.

• To file a report with local law enforcement:
Report to local law enforcement.
Sterling Police Department

421 N 4th St
PO Box 4000
Sterling, CO 80751

(970) 522-3512
policemail@sterlingcolo.com

Outside Reporting

In addition to reporting to CCCS, any person has the right to file a police report. Complainants requiring assistance with this should contact the Title IX/EO Coordinator.

Student Complainants also have the right to make inquiries and/or file a complaint with:

Office for Civil Rights (OCR)
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582

Telephone: (303) 844-5695
Facsimile: (303) 844-4303
Email: OCR.Denver@ed.gov
Web: http://www.ed.gov/ocr

Employee Complainants also have the right to make inquiries and/or file a complaint with:

Colorado Department of Regulatory Agencies (DORA)
Colorado Civil Rights Division (CCRD)
1560 Broadway, Suite 825
Denver, CO 80202

Telephone: (303) 894-2997
Facsimile: (303) 894-7570
Email: dora_CCRD@state.co.us
Web: https://www.colorado.gov/pacific/dora/civil-rights

United States Equal Employment Opportunity Commission (EEOC)
950 17th Street, Suite 300
Denver, CO 80202

Telephone: (800) 669-4000
Facsimile: (303) 866-1085
Web: https://www.eeoc.gov/field-office/denver/location

Student Pregnancy or Related Conditions (as of January 31, 2025)

Pregnancy will generally include:

Pregnancy, childbirth, termination of pregnancy, or lactation;
Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related.

The College has several obligations regarding pregnancy or related conditions based on Federal and State law:

The College's designated employee or office is responsible for making sure a student receives their reasonable modifications and is able to participate in the College's educational program or activity.
- Other departments may be consulted as needed.
The College must permit the student to voluntarily take a leave of absence.
- The student must be reinstated to the same status held prior to leave.
The College must provide excused absences due to pregnancy or childbirth.
Lactation spaces:
- Must ensure access to lactation space and time.
- Cannot be a bathroom
- Must be clean, shielded from view, and free from intrusion.
The College must treat pregnancy or related conditions in the same manner and under the same policies as other temporary medical conditions.

Reasonable Modifications

Reasonable modifications must be made to policies, practices, pr procedures.
- Based on individual needs.
- Must consult with the student.
The student has the discretion to accept or decline a reasonable modification.
- Examples:
  - Breaks during class or work to express breast milk, breastfeed, eat, or drink.
  - Intermittent absences to attend medical appointments.
  - Access to online education.
  - Changes to academic or work schedule.
  - Extensions for coursework and rescheduling of tests and examinations.
  - Allowing a student to sit or stand or carry or keep water nearby.
  - Counseling
  - Changes in physical space or supplies (for example, access to a larger desk or a footrest.
If a student accepts a reasonable modification offered, the College must implement it.
A modification that the College can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable modification.

For more information about the college’s policy regarding pregnancy or related conditions, contact the Title IX or EO Coordinator.

Pregnancy and Documentation

The College cannot require certifications from a medical provider or other individual that the student is able to participate in class or activity unless:
- Certification is required to participate in the class or activity;
- A certified level of physical ability is necessary; and,
- The information obtained is not used as a basis for discriminatory practices.

Supportive Measures

“Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no complaint has been filed. Such measures are designed to restore or preserve equal access to educational and employment programs and/or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational/employment environment or deter sexual harassment. Supportive measures may include (but not limited to):

Counseling
Reporting to law enforcement
Extensions of deadlines or other course-related adjustments
Modifications of work or class schedules
Campus escort services
Mutual restrictions on contact between the parties
Changes in work or housing locations
Leaves of absence
Increased security and monitoring of certain areas of the campus
Other similar measures

2023-VAWA-Brochure-revised.pdf (nhlp.org)

For more information about supportive measures, contact the Title IX or EO Coordinator.

Resources

Colorado Department of Education (CDE) and Title IX
201 East Colfax Ave.
Denver, CO 80203
Phone: 303-866-6600
Fax: 303-830-0793

Sexual Assault Response Advocates (S.A.R.A.)
418 Ensign Street
Fort Morgan, Colorado 80701
(Phone) 970-867-2121 (Fax) 970-867-4714
(Toll Free) 1-855-440-SARA (7272)
http://sarainc.org/

Pandora’s Project: Support and resources for survivors of rape and sexual abuse www.pandys.org

Rape, Abuse and Incest National Network
www.rainn.org

Immediate medical attention, preservation of evidence, and SANE examination (C.R.S.A. ss23-5-143)

If you are a victim of a sexual assault, you may decide to request a medical forensic exam from a Sexual Assault Nurse Examiner (SANE) to preserve evidence that may be used for the purposes of legal action. While you do not need to decide immediately if you want to report to law enforcement or pursue legal action, the preservation of evidence is most effective when done immediately after an assault. It is ideal to obtain medical treatment as soon as possible before bathing, showering, douching, or changing clothes. There is no cost to the exam. You may go to the following emergency room providers to request a SANE exam: SANELocations.pdf (state.co.us). If you do not have transportation to the facility, you may contact a friend or family member, or sexual assault advocates that will provide transportation, taxi service, public transportation, or other providers. Any cost for transportation is the responsibility of the student. Victims who chose to have a medical forensic examination done are not obligated, at any time, to participate in a law enforcement
investigation or any criminal justice response
along with any administrative proceedings with the College. If you have further questions, please contact the NJC Title IX Coordinator.

Recordkeeping

Colleges must keep a repository of all written or oral complaints for seven (7) years including date, identity of the Complainant (or anonymous), identity of Respondent, and substance of the complaint. This repository is not a public record.

Other records related to civil rights complaints (including Sexual Misconduct) must be maintained for a period of seven (7) years. Such records may include: informal resolution outcomes, preliminary investigation reports, final investigation reports, determination reports, recordings or transcripts, notices of findings, appeals and appeal outcomes, and discipline or remedies imposed.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

Rights of Parties

To be treated equitably and with respect by CCCS employees
To take advantage of Supportive Measures and other resources, such as counseling, psychological services, and health services
To experience a safe living, educational, and work environment.
To have an advisor of their choice present at any meeting
To have access to a Title IX/EO Coordinator, investigator(s), hearing officers/decision-maker(s) for Title IX cases, and/or other individuals assisting with the resolution process who do not have a conflict of interest or bias for or against either party
To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident
To be free from retaliation
To be informed of the outcome/resolution of the complaint, and the sanctions and rationale for the outcome where permissible
To have assistance in contacting law enforcement, if desired
To request housing, employment, and/or educational modifications, as deemed appropriate and reasonable
To request no further contact with the opposite party, as deemed appropriate, allowable, and reasonable
A presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility has been made at the conclusion of the resolution process

APPENDIX A

Definitions (see SP 19-60a)
https://cccs.edu/about/governance/policies-procedures/sp-19-60a-civil-rights-and-sexual-misconduct-resolution-process/)

APPENDIX B

Compliance Requirements

Notice and Publication Requirements

Colleges must publish the following information on their website and in any employee or student handbooks/catalogs:

Prohibition of Discrimination, Harassment, or Retaliation policy and Civil Rights and Sexual Misconduct Resolution Process procedure (or the College-specific nondiscrimination policy and complaint procedure).
Title IX/EO Coordinator contact information including name, job title, office address, email, and phone number.

Colleges must also publish the following information on their website:

A local, state, or national 24-hour hotline that provides information on sexual misconduct.
Information about obtaining a Sexual Assault Nurse Examiner (SANE) forensic exam after a sexual assault, including local programs where the Colleges have MOUs for obtaining SANE exams, how to schedule an exam and arrange transportation, and who the individual can contact for more information. This publication must include a statement that says individuals can obtain a SANE exam without being required to participate in a law enforcement investigation or criminal justice response.
All training materials used to train employees who have a role in Title IX or sexual misconduct complaint resolutions.

In addition, at least annually, Colleges must disseminate notice of their policy and procedure, and Title IX/EO Coordinator contact information, targeting current students and employees (e.g., by sending an email containing the information), and prospective students and employees (e.g., by including it with the admission or employment application).

For CTE publications, the notice of nondiscrimination must include: “[COLLEGE] will take appropriate steps to ensure that the lack of English language skills will not be a barrier to admission and participation in vocational education programs.”

For Colleges operating in a service area that contains a community of national origin minority persons with limited English language skills, public notification materials must be disseminated to that community in its language. (34 CFR § 100 Appx. B (IV-VI)).

Training Requirements

Colleges must ensure that employees receive regular training related to their role in civil rights or sexual misconduct matters.

All employees working with Title IX or sex-based harassment matters (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 may occur;
How to conduct a preliminary review, investigation, 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.

For information about obtaining training materials for Coordinators, Informal Resolution Facilitators, Decision-Makers, and Appeals, please contact the Title IX or EO Coordinator.

Reporting Requirements

On or before October 1st every year, CCCS must provide to the Colorado Department of Higher Education:

A copy of the Prohibition of Discrimination, Harassment, or Retaliation policy and Civil Rights and Sexual Misconduct Resolution procedure;
A Statement as to how the System/Colleges are providing information to students on how to receive support regarding sexual misconduct and how it is promoting the information;
A description of the sexual misconduct training provided by CCCS; and
A statement as to any changes in the manner in which CCCS provides or promotes the information.