Title IX and San Diego Christian College

San Diego Christian College is a Christ-centered higher education institution committed to promoting, maintaining and strengthening a learning, serving and campus living environment rooted in the biblical principles of truth, love and grace. In keeping with that commitment, SDC seeks to set forth to our students: beliefs, an admissions process, financial assistance, education, residential living, employment, co-curricular activities, student conduct and curative policies, and inter-collegiate athletic programming which are free from sex discrimination, sexual violence and sexual harassment.

Title IX states:

“No person in the United states shall, on the basis of sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any education program or any activity receiving Federal financial assistance.”

According to the Office of Civil Rights Assistant Secretary, Catherine E. Lhamon, “The essence of Title IX is that an institution may not exclude, separate, deny benefits to, or otherwise treat differently any person on the basis of sex unless expressly authorized to do so under Title IX or the Department’s implementing regulations” (Department of Education, Office of Civil Rights, “Title IX Resource Guide”, April 2015).

Title IX Leadership Team

Title IX Coordinator

Rick Roof, Dean of Students
Email: rick.roof@sdcc.edu
Phone: 619-201-8740
Office Location: E209

Title IX Deputy Coordinators

Carolyn DeLeon, Director – Human Resources
Email: carolyn.deleon@sdcc.edu
Phone: 619-201-8706
Office Location: E202

Tammy Dally, Faculty Assistant (faculty)
Email: tammy.dally@sdcc.edu
Phone: 619-201-8707
Office Location: F200

Pete Goodman, Director of Student Life (students)
Email: peter.goodman@sdcc.edu
Phone: 619-201-8694
Office Location: A117

Carolyn Peters, Director of Athletic Training and Conditioning
Email: cpeters@sdcc.edu
Phone: 619-201-8734
Office Location: Athletics Office

Title IX the law and Scripture: honor God, love and respect others

SDC: the law

Sex discrimination (in SDC policy a sub-category of sex harassment) is prohibited by Title IX; Title IV; VAWA/Campus SaVE Act; California Education Code section 66250 et seq.; and California Government Code section 11135.

Sex Harassment means an adverse action taken against an individual because of gender or sex, including sexual discrimination, sexual violence, domestic violence, dating violence, and stalking. Both men and women can be victims of sex discrimination.

SDC: the Scriptures

In addition to compliance with federal, state and local laws, San Diego Christian College community policies are rooted in and arise from our doctrinal foundation. Accordingly, SDC campus policies reflect the sincerity of our commitment to think and act in a way that is in keeping with biblical instruction. Our religious commitments, which trace back to the founding of SDC in 1970, include the belief that Scripture is the final rule of all Christian faith and practice. And as such, we believe that faithfulness to Scripture leads to the forming of biblically healthy human communities.

From a Christian understanding, a biblically healthy community is one in which we recognize the goodness of Creation (Gen. 1:31), the reality of the Fall (Gen. 3:17-19), and the redemptive work of Jesus Christ in bringing about God’s purposes (Rom. 8:22). A biblically healthy community is one in which we honor one another as made in the image of God (Gen. 1:26). We do this by treating one another with respect, by extending grace and mercy to one another, by being loving and understanding, and by being patient and trustworthy. All this must be done in a manner that maintains order and discipline. In order for this to occur SDC believes that members of the community need the opportunity to learn and grow through accepting responsibility for their actions.

Therefore, SDC’s courageous and yet gracious posture as a Christian higher education institution—a posture that rests upon and arises from teaching, upholding and advancing ethical standards drawn directly from Scripture—calls upon each SDC employee and student to respect and care for all; including and especially every member of the SDC community. Following in step with the teachings of the Bible, SDC has put in place firm policies along with instructional and investigative structures so as to teach effectively against all harassment and abuse; including that which is sex-based.

How to file a complaint

Complete: Online Incident Report

What Happens:

  • A report is submitted online or given directly to a Title IX team member.
  • Immediately after filing an Incident Report, that report is forwarded to the Title IX Coordinator.
  • After the Coordinator completes an initial evaluation of the Incident Report, and if the filer of the complaint chose not be remain anonymous, the Title IX Coordinator will contact the complainant to continue with a thorough investigation of the alleged situation.
  • If the complainant chose to remain anonymous, the Title IX Coordinator will launch investigation by contacting all individuals identified in the Incident Report.

Retaliation: The college prohibits retaliation or retribution, in any form, against an individual who reports, in good faith, an actual, potential, or suspected violation of the sexual misconduct policy.

Confidential Resources

Counseling Services: http://sdcc.edu/student-life/counseling-services

Health Services: http://sdcc.edu/student-life/health-services

Spiritual Life Director: http://sdcc.edu/spiritual-life

Sexual Misconduct includes

  • Sexual Harassment
  • Non-Consensual sexual contact
  • Non-Consensual sexual intercourse
  • Sexual Exploitation
  • Intimidation
  • Coercion
  • Relationship violence
  • Stalking

Title IX Coordinator

In accordance with Title IX regulations, the college has designated Rick Roof, Dean of Students as SDC’s Title IX Coordinator.

He is charged with monitoring compliance with these regulations. Questions regarding Title IX, as well as concerns about non-compliance or reports of sexual assault may be directed to him.

Rick Roof, Dean of Students
Email: rick.roof@sdcc.edu
Phone: 619-201-8740
Office Location: E209

When You Hear About Assault

“Bear one another’s burdens, and so fulfill the law of Christ” (Galatians 6:2)

Sometimes just the thought of this kind of thing happening on our campus is disturbing and unsettling. While all efforts are made to maintain confidentiality, the whispers and passing of the story are hard to control. When word is out, people have personal and community reactions. Here are some guidelines:

  • First realize there is a planned process in place for any reported cases. If you think the case has not been reported than you have the right to speak with the Title IX Coordinator, Rick Roof, 619-201-8740
  • If there is any question about community safety from the incident, you will receive a timely warning as part of our Alert process.
  • If you never saw this information in an email, but heard from a friend, that means there was no cause for alerting people to a threat.
  • Part of the process is that although you may have heard about it, it is a confidential matter and you will not hear from any SDC employee involved in a case.
  • Facts and opinions may be sketchy the more people talk, please process your own reactions with someone you trust. Check in with someone who knows the process and be educated about what our campus does in these situations.
  • Read the Title IX website.
  • Be part of prevention efforts. In the midst of the helpless feeling this brings, you CAN make a difference by being involved.
  • If knowledge of a situation triggers some of your own personal story, please make sure you access support resources: Counseling, Dir. of Spiritual Life or our Nurse in Health Services.

Title IX
Definitions: Sex-based Violations

Biblical Preamble

We believe that God has established marriage as a lifelong, exclusive relationship between one man and one woman and that all intimate sexual activity outside the marriage relationship, whether heterosexual, homosexual, or otherwise, is contrary to God’s creative order and express will (Gen. 2:24-25; Ex. 20:14, 17, 22:19; Lev. 18:22-23, 20:13, 15-16; Matt. 19:4-6, 9; Rom. 1:18-31; I Cor. 6:9-10, 15-20; I Tim. 1:8-11; Jude 7). We believe that God created the human race male and female and that all conduct with the intent to adopt a gender identity other than one’s birth gender is also contrary to God’s creative order and express will (Gen. 1:27; Deut. 22:5).

Human sexuality is wondrously beautiful, pure and fulfilling when experienced as God intends and has so described in Scripture; namely, when lovingly and honorably experienced within the sacred bounds of a marriage covenant lawfully entered into by one birth gender male and one birth gender female. At the same time, regardless of one’s marital status, gender and sexual identity, religious beliefs and ideology, SDC will not tolerate language or action that constitutes sexual harassment. When faced with the deepest differences, the SDC community has been taught and is accountable to always act in a manner that is in keeping with Christ’s call for grace, kindness and care as exemplified in the Parable of the Good Samaritan (Luke 10:25-37).

Policy statement on Sexual Harassment

It is the policy of San Diego Christian College to prohibit sexual harassment of its employees and students in any form. In maintaining this policy, the College seeks to assert basic Christian precepts, to affirm ethical standards universally accepted in the workplace, classroom and other locations, and to uphold existing federal and state law. Any practice or behavior that constitutes sexual harassment will not be tolerated.

Title IX states:

No person in the United states shall, on the basis of sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any education program or any activity receiving Federal financial assistance.

According to the Office of Civil Rights Assistant Secretary, Catherine E. Lhamon, “The essence of Title IX is that an institution may not exclude, separate, deny benefits to, or otherwise treat differently any person on the basis of sex unless expressly authorized to do so under Title IX or the Department’s implementing regulations” (Department of Education, Office of Civil Rights, “Title IX Resource Guide”, April 2015).

Definitions of Sexual Harassment

SEX HARASSMENT is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment is conduct that explicitly or implicitly affects a person’s employment or education or interferes with a person’s work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile, offensive, or discriminatory. Sexual harassment includes sexual violence (see definition below). The college will respond to reports of any such conduct in accordance with SDC Policy on Sexual Harassment.

Thus, in compliance with Title IX of the Educational Amendments of 1972, sex harassment applies to, but is not limited to: recruitment, admissions, housing, athletic and extracurricular activities, rules and regulations, discipline, class enrollment, access to programs, courses and internships, distribution of financial assistance, distribution of institutional resources, hiring practices, employment, promotion, and policies.

Sexual harassment may include incidents between any members of the college community, including faculty and other academic appointees, staff, student employees, students, coaches, residents, interns, and non-student or non-employee participants in college programs (e.g., vendors, contractors, visitors, and patients). Sexual harassment may occur in hierarchical relationships, between peers, or between individuals of the same sex or opposite sex. To determine whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

SEX DISCRIMINATION For the purposes of this policy, “sexual harassment” includes all forms of “discrimination” and/or mistreatment based on sex, including but not be limited to: sexual assault, and sexual harassment. In SDC policy, sex discrimination is a form of sex harassment. Thus, in SDC policy sex “discrimination” is a sub-category of sex “harassment.”

SEXUAL ASSAULT occurs when physical sexual activity is engaged without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication).

CONSENT is informed. Consent is an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity.

Consent is voluntary. It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will.

Consent is revocable.

For purposes of this Policy, the age of consent is consistent with California Penal Code Section 261.5.

INCAPACITATION is defined as the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Where alcohol or drugs are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated.

DOMESTIC VIOLENCE is defined as abuse committed against an adult or a minor who is a spouse or former spouse, cohabitant or former cohabitant, or someone with whom the abuser has a child, has an existing dating or engagement relationship, or has had a former dating or engagement relationship.

DATING VIOLENCE is defined as abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

STALKING is behavior in which a person repeatedly engages in conduct directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others.

Any person who is the target of sexual assault, dating violence, domestic violence, stalking or sexual harassment should immediately consult a Title IX Office for advice, options, and information on informal resolutions and fact-finding investigations.

–Additional types of misconduct covered by these Policies:

  • Electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person;
  • Allowing third parties to observe sexual acts;
  • Engaging in voyeurism;
  • Exposing oneself
  • Falsifying a posting on an electronic site involving sex or sexual activity
  • Knowingly transmitting a sexually transmitted infection, including HIV, to another person

For questions or additional information, please contact SDC’s Title IX Coordinator, Rick Roof: 619-201-8740 or rick.roof@sdcc.edu

Appointments with Rick Roof can be scheduled by contacting Kelly Buchanan, Executive Assistant to the president.

Investigation Process

“If one gives an answer before he hears, it is his folly and shame” – Proverbs 18:13 (ESV)

All complaints of harassment or discrimination will be investigated in a manner that is adequate, reliable, and impartial. Investigations may be conducted by the Title IX Coordinator or Title IX Deputy Coordinators.

For matters involving discrimination or harassment based on sex or gender(covered by Title IX), the Title IX Coordinator or Deputy will ensure that the investigation complies with all Title IX requirements.

For matters involving discrimination or harassment based on disability (covered by ADA/Section 504), the Title IX Coordinator or Deputy will ensure the investigation complies with all Section 504 requirements.

A criminal investigation pending or concluded, will not alter SDC’s responsibilityto conduct an investigation shall not be altered. Although the investigation may be delayed or suspended at the request of law enforcement while the law enforcement agency is gathering evidence.

In the event the investigation is delayed at request of law enforcement agency, appropriate steps will be taken to provide for the safety of the complainant and the SDC community and to prevent retaliation by any individual. The steps may include changes to the schedule, housing assignment or work location of the respondent or summary suspension/leave from the College issued to the respondent.

SDC will promptly resume its Title IX investigation as soon the College receives notification that law enforcement has completed the evidence-gathering process.

Interim Measures

The Title IX Coordinator with member(s) of the Cabinet officially designed by the President, will determine appropriate interim measures to be taken during the investigation. Interim remedial actions can include, but are not limited to the following:

  • No Contact Orders
  • Interim Suspension
  • Administrative Leave (Employee)
  • Reassignment of Housing
  • Reassignment of Job
  • Class Schedule Change
  • Prohibit or restrict participation in extracurricular activities
  • Prohibit or restrict access to campus for third parties

Investigation Process

The Complainant will be contacted by a College Title IX Coordinator or Deputy Coordinator to schedule a meeting. During the meeting, the SDC Title IX team member will:

  • Inform Complainant of his/her rights under the SDC Student Handbook or Employee Handbook or Community Covenant;
  • Give the Complainant the opportunity to submit a written statement and evidence;
  • Give the Complainant the opportunity to list any witnesses who may have information pertaining to the complaint;
  • Inform the Complainant to have no contact with the Respondent during the course of the investigation;
  • Inform the Complainant that there will be follow-up meetings to discuss the case and status.

The Respondent will be contacted by an SDC Title IX Coordinator or Deputy to schedule a meeting. During the meetings, the SDC Title IX team member will:

  • Inform the Respondent of his/her rights under the Student Handbook or Employee Handbook or Community Covenant;
  • Inform the Respondent to have no contact with the Complainant during the course of the investigation;
  • Present the allegations and provide the Respondent the opportunity to respond;
  • Give the Respondent the opportunity to submit a written statement and evidence to contest the allegations;
  • Give the Respondent the opportunity to list any witnesses who may have information pertaining to the complaint;
  • Inform the Respondent that there will be follow-up meetings to discuss the case and status.

Any person identified by the Complainant or Respondent who has information that pertains to the allegation will be contacted by the SDC Title IX investigator(s).

The SDC Title IX team member designated to conduct the investigation shall prepare a written report within fifteen (15) business days after commencing the investigation, unless additional time to complete the investigation is required. In that case, the investigator shall report on the status of the investigation to the complainant, the respondent, and the SDC Title IX team member as applicable at the expiration of the fifteen (15) day period and every fifteen (15) business days thereafter.

At the conclusion of the investigation, an SDC Title IX team member will meet with the Complainant and discuss the written report and inform him/her of the next steps in the process.

The designated SDC Title IX team member will contact the Respondent and review the written report and explain the next steps in the process.

The Complainant and Respondent may have a support person/advisor present during the investigation process. The support person/advisor does not have to be a member of the SDC community.

The written report shall include a summary of the investigation; findings of fact and an explanation of the evidence in support of such findings (including a determination with respect to the factual allegations of the complaint); conclusions as to whether there have been any violations based on the factual findings; and a discussion of the reasons for such conclusions.

The results of the investigation will be forwarded to the SDC Director of Student Life for review and any action deemed appropriate in accordance with federal, state, local laws and the SDC Student or Employee Handbook or Community Covenant.

SDC Title IX investigation process, findings and rulings do no limit the Complainant’s and Respondent’s rights to pursue other avenues of recourse which may include filing charges or a complaint with local, state and federal authorities responsible for addressing unlawful discrimination and harassment.

MAKING AN APPEAL

The Complainant or Respondent may appeal decisions of the SDC Title IX team by submitting a written appeal request within five (5) business days of receiving written notification of the outcome of the hearing. Only appeals that are based on one or more of the following grounds will be considered for review:

  • Procedural error(s) that prevented fundamental fairness;
  • New information or evidence that was not available at the hearing;
  • An imposed sanction that is excessively severe;
  • The decision of the SDC Title IX team is not supported by the information presented.

Letters of appeal for an Appeal Board to evaluate decisions must be sent to the President (or designee). The President (or designee) will determine whether or not the appeal meets the above criteria. If any of the criteria are met, the case will be referred to the Appeal Board, which is appointed by the President.

If the case does not meet at least one of the criteria, there will be no further review. More information on the student appeal process can be found in the SDC Student Handbook.

RETALIATION

San Diego Christian College will not tolerate retaliation in any form against any faculty, staff, student, or volunteer who files an allegation, serves as a witness, assists an alleger, or participates in an investigation of discrimination or harassment. SDC policy and state and federal law prohibit retaliation against an individual for reporting discrimination, sexual misconduct or harassment, or for participating in an investigation. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the allegation. Allegations of or questions about retaliation should be directed to SDC’sTitle IX Coordinator.