About Title IX

Title IX: 20 U.S.C. §1681 & 34 C.F.R. Part 106

“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 educational program or activity receiving federal financial assistance.” -- Title IX of the Education Amendments of 1972.

Title IX is part of the Education Amendments of 1972 and is enforced by the U.S. Department of Education. This federal law prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. LCC is one of those recipients.

Why We Need Title IX

Title IX is necessary to create a safe and inclusive environment on all college campuses. We need Title IX to protect all people who are part of Seattle Colleges from incidents of sex-based harassment and sex discrimination, including pregnancy or related conditions, transgender students, quid pro quo harassment, hostile environment, sexual violence, and stalking.  

Title IX Prohibits Discrimination Based on: 

  • Sexual stereotypes
  • Sex characteristics
  • Pregnancy and related conditions
  • Sexual orientation 
  • Gender identity 

Where does Title IX Happen, and to Whom?

  • On- and off-campus education programs and activities
  • All academic programs
  • All athletic and student activities
  • Students
  • Faculty
  • Staff
  • People other than a student or employee

What are Seattle Colleges’ Obligations?

  • The college is obligated to provide a prompt, thorough, and equitable investigation of sex discrimination and sex-based harassment as defined in Procedure 283 and Procedure 421

  • Requires Seattle Colleges to address all sex discrimination (not just sexual harassment) occurring under educational programs or activities in the United States. 

  • Requires Seattle Colleges to address all discrimination and protect community members based on pregnancy and related conditions as defined in Policy and Procedure 285

  • Title IX ensures that both reported parties in an event have an equal opportunity to be heard and participate in the full grievance process.

  • Work to end sexual harassment and discrimination 

  • Remedy the impact across the community

  • Prevent the reoccurrence of violence or discrimination

  • Increase education and awareness of Title IX

When will Seattle Colleges get involved?

Once Seattle Colleges has knowledge of conduct that may reasonably constitute sexual discrimination (actual knowledge not required - applies to all forms of sexual discrimination, not just sexual harassment), it must respond promptly and effectively. 

Seattle Colleges is not required to act on information disclosed during a public awareness event unless there is an imminent and serious threat to the health and safety of the complainant or other persons. 

Who is responsible to act?

Other than *confidential employees, any college employee, staff, or faculty member is a mandatory reporter and must report any Title IX violations to a Title IX/EEO Coordinator. 

*Confidential employees, when acting in their confidential capacity, will maintain the confidentiality of the information and are not required to report conduct that may reasonably constitute Sex Discrimination to the Title IX Coordinator. Confidential employees must notify the Complainant of their status as confidential employees and the circumstances under which they are not required to notify the Title IX Coordinator. 
 

Title IX Pregnancy and Related Conditions:

Seattle Colleges has a responsibility to prevent sex discrimination and ensure equal access to the Colleges education programs and activities. As required by Title IX of the Educational Amendments of 1972, this policy prohibits discrimination against any student, employee, applicant for employment, or anyone who was participating or attempting to participate in the Colleges education program or activity (collectively, College Community Members) based on their current, potential, or past pregnancy or related conditions. See Policy and Procedure 285: Title IX Pregnancy and Related Conditions

Seattle Colleges Responsibility to Our Students

The College has the responsibility to promptly and effectively prevent and respond to sex discrimination, including discrimination on the basis of pregnancy or related conditions. When a student informs any College employee, including confidential employees, of the student’s pregnancy or related conditions, the employee must:

  1. Promptly provide the student, verbally or in writing, the Title IX Coordinator’s contact information, and
  2. Inform that student that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the College’s education program or activity.

If the employee reasonably believes that the Title IX Coordinator has already been notified of a student’s pregnancy or related condition, they are relieved of their responsibility to inform in this instance. Absent information about conduct that reasonably may constitute sex discrimination, employees should not directly inform the Title IX Coordinator of a student’s pregnancy or related conditions. No College employee shall approach a student unprompted and ask about their pregnancy or related condition, or make assumptions about a student’s needs or medical status.

Nothing under this policy or Title IX obligates a student to seek reasonable modifications for their pregnancy or related conditions after receiving the Title IX Coordinator’s information, nor does it obligate the student to accept offered reasonable modifications.

If you have additional questions, email TitleIX.District@SeattleColleges.edu.  

Title IX Coordinator's Responsibility to Act

When a student informs the Title IX Coordinator of their pregnancy or related condition, the Title IX Coordinator will provide the student with information about the College’s Title IX policies and procedures, including information about requesting and receiving reasonable modifications.

How to Request Accommodations

Students seeking pregnancy or parenting accommodations should contact their school's ADA Coordinator. The ADA Coordinator will discuss the pregnant and individual's needs, and may ask for documentation that supports the requested adjustments.

Reasonable Modifications

At the student’s request, the Title IX Officer will work with the student to identify reasonable modifications to any policy, practice, or procedure necessary to prevent sex discrimination and to ensure equal access to the College’s education programs or activities based on the student’s individualized needs. A modification that fundamentally alters the nature of an education program or activity is not a reasonable modification. It shall be the responsibility of the College to demonstrate if a particular modification would be a fundamental alteration, and to consult with the student to identify alternative reasonable modifications.

During this process, the Title IX Coordinator shall not inquire about the specific circumstances surrounding a student’s pregnancy or related conditions and will maintain the student’s privacy at all times unless reasonably necessary to ensure reasonable modifications are implemented promptly and effectively.

Students Supporting Documentation

The College may in certain instances ask a student seeking reasonable modifications to produce supporting documentation to validate their pregnancy or pregnancy related condition. The College will not require supporting documentation to validate a student’s pregnancy or related condition if:

  • a student’s need for a specific modification is obvious
  • if the student has previously provided sufficient supporting documentation
  • when the reasonable modification because of pregnancy or related conditions at issue is allowing a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom.
  • when the student has lactation needs
  • when the specific modification is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.

In addition, the College will not require certification from a healthcare provider or any other person to determine if a student who is pregnant or has related conditions is physically able to participate in a class, program, or extracurricular activity unless:

  1. The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity
  2. The College requires such certification of all students participating in the class, program, or extracurricular activity; and
  3. The information obtained is not used as a basis for discrimination prohibited by this Policy.

Seattle Colleges Responsibility to Our Employees

Under Title IX, the College treats all employees’ pregnancy or related conditions as it does any other temporary medical conditions for all job-related purposes, including commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit of service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment. Employees who are pregnant or experiencing related conditions have the right to take leave, including voluntary unpaid leave, as outlined in Policy 405 Family and Medical Leave and Policy 435 Leave - Classified Employees and respective collective bargaining agreements.

Under the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), the College offers reasonable workplace accommodations for employees affected by pregnancy, childbirth, or related medical conditions. The College will always provide the following reasonable accommodations to employees experiencing pregnancy or related conditions, as needed, without requesting written certification from a healthcare professional:

  1. Providing frequent, longer, or flexible restroom breaks;
  2. Modifying a no food or drink policy
  3. Providing seating or allowing the employee to sit more frequently
  4. Refraining from lifting more than 17 pounds
  5. Providing reasonable break time for an employee to express breast milk for two years after the child’s birth each time the employee has need to express the milk and providing a clean and private location, other than a bathroom, which may be used by the employee to express breast milk.

The College may provide other reasonable accommodations, some of which may require written certification from a healthcare professional, which may include but are not restricted to:

  1. Job restructuring, including modifying a work schedule, job reassignment, changing a workstation, or providing equipment
  2. Providing a temporary transfer to a less strenuous or hazardous position
  3. Scheduling flexibility for prenatal visits
  4. Providing any further accommodation the employee may need.

Under the PUMP Act, the College is not required to compensate an employee receiving reasonable break time for expressing breast milk for any work time spent for such purpose. However, as the time it takes to express breast milk is highly individualized, employees are encouraged to work with Human Resources and/or the Title IX Coordinator to ensure they have the flexibility to express breast milk as necessary.

Employees who are enrolled in the College’s education program or activity are eligible to receive reasonable modifications as outlined in the student section of this policy/procedure in order to sufficiently allow the employee to continue their educational progress as a student.

The College will not retaliate against employees affected by pregnancy or related conditions who request one of these changes, or deny them employment opportunities if they are otherwise qualified, or require them to take leave if an alternative is available. Additionally, pregnant employees with a pregnancy-related disability may have rights in addition to those listed here.

Lactation Space 

The College has designated lactation space(s) on campus that is not a bathroom, which may be used by any person on campus for pumping or breastfeeding as needed, regardless of a person’s gender identity or gender expression. Any designated lactation spaces will be kept clean, will be private and accessible, and available for use whenever the building the space is open for use.

While there is lactation space available for use, the College recognizes that in Washington State, breastfeeding is permitted in any public place. Breastfeeding is not considered “indecent exposure,” and no one may stop another person from breastfeeding, require they cover themselves, move, or leave a public premises because they are breastfeeding. The decision of where to pump or breastfeed is at the person’s discretion, if consistent with Washington State law.

Reporting Violations

If a College Community Member notifies the College of a failure to implement a reasonable modification or make a lactation space available, the College will promptly and effectively take additional steps to comply with their Title IX obligation to ensure that its education program or activity is free from discrimination on the basis of sex, including on the basis of pregnancy or related conditions. If a College Community Member files a complaint regarding the failure to implement a reasonable modification for pregnancy or a related condition or to make a lactation space available, this will constitute a report of sex discrimination, and the investigation procedure outlined in Policy 283 Title IX Sex Discrimination Investigation Procedure will be initiated. To report violations of this Policy, contact the College’s Title IX Coordinator or their designee:

Seattle District College Office: 
Compliance Officer 
Title IX / EEO Coordinator 
TitleIX.District@seattlecolleges.edu 
Contact info: (206) 934-3873 
1500 Harvard Avenue, Seattle, WA 98122

Seattle Central College: 
Human Resources Director 
Title IX / EEO Coordinator 
TitleIX.District@seattlecolleges.edu 
Contact info: (206) 934-4017 
1701 Broadway, Seattle, WA 98122

North Seattle College: 
Human Resources Director 
Title IX / EEO Coordinator 
TitleIX.District@seattlecolleges.edu 
Contact info: (206) 934-4710 
9600 College Way North, Seattle, WA 98103

South Seattle College: 
Human Resources Director 
Title IX / EEO Coordinator 
TitleIX.District@seattlecolleges.edu 
Contact info: (206) 934-6415 
6000 16th Avenue S.W., Seattle, WA 98106

What is Consent?

Consent means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each Party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be, at the time of the act of sexual intercourse or sexual contact, actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when they know, or reasonably should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual sexual conduct.

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

What is a bystander?

A bystander is a person who is present at an incident or event but is not directly involved in it. A bystander might be at an incident or witness to any circumstances that led up to it.

What is Bystander Intervention?

Bystander Intervention is an important way to recognize possible incidents or situations and choose to respond positively to help others and influence the outcome of the incident.

Bystanders can play a critical role in preventing scenarios that might escalate into a Title IX violation, like sexual assault. They have the ability to call out behaviors that contribute to sex discrimination and harassment based on sex. Moreover, bystanders can engage in skill-building to become stronger supporters of individuals who have endured sexual assault or violence related to gender. In essence, the interventions made by a bystander are valuable and influential.

How to Become an Active Bystander

  1. Be aware of the situation 
  2. Interpret if it is a problem or issue
  3. Feel responsible to act and to help the situation. 
  4. Educate yourself on what to do before the situation arises 
  5. Interrupt safely

How to help safely

  1. Ask the person you are worried about if they are okay. 
  2. Tell another person to get help or call 911 if you are concerned for someone’s safety.  
  3. Distract and remove the uncomfortable party from the situation before escalation. 

Prevention is key

Many instances of sex discrimination, sex-based harassment, and bullying can be prevented if signs are recognized early on and general preventative action is taken. You can protect yourself and others by being aware of your surroundings and educating yourself and your friends about how to avoid situations that may lead to misconduct, as well as what to do if you or someone you know is confronted with such a situation. 

Educational Resources

Mandatory Reporting Responsibility

All Seattle Colleges employees, except Confidential Employees, are Mandatory Reporters and are required to report to the Title IX Coordinator conduct that could reasonably constitute Sex Discrimination and Sex-Based Harassment. 

What Happens after a report is made?

  • Confidentiality and privacy is maintained to the furthest extent possible.
  • Access to resources are provided to both the complainant and respondent.
  • Interim measures may be provided (e.g. change of class; no contact order).
  • Equitable, impartial and timely process provided throughout.
  • No retaliation will be tolerated.