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Title IX

What is Title IX and other frequently asked questions

What is Title IX?

Title IX of the Education Amendment of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities that receive federal funds.  It 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. (Source: U.S. Department of Education Office of Civil Rights: Title IX and Sex Discrimination and 20 U.S.C §1681 et seq. and its implementing regulations, 34 C.F.R. Part 106).

Acts of discrimination, sexual harassment, and sexual violence, including but not limited to rape, sexual assault, nonconsensual sexual contact, dating violence, domestic violence, and stalking, represent violations of the LCSC Student Code of Conduct and the LCSC policy prohibiting discrimination, sexual harassment, and sexual misconduct.  Lewis-Clark State College is committed to maintaining a learning and working environment free from all forms of discrimination, including sexually based offenses.  These acts violate an individual's fundamental rights and personal dignity and will not be tolerated.  The College seeks to address such behavior through education, policy enforcement, and by providing mechanisms for student, faculty, staff and visitors to report concerns or complaints.  Prompt corrective measures will be taken to stop discrimination, sexual harassment and sexual misconduct whenever it occurs.

What is a Title IX Coordinator?

The Title IX Coordinator is the College official responsible for ensuring LCSC complies with Title IX, including resonding to and investigating all complaints of sex and gender discrimination (including but not limited to, sexual harassment and sexual violence).

Why does LCSC handle reports of sexual violence?

Title IX requires schools to respond to reports of discrimination on the basis of sex and/or gender; sexual violence is considered an egregious form of discrimination on the basis of sex.  One of the most common objections heard regarding campus adjudications is "but isn't rape a crime?"  Absolutely, it is.  Students who report to their schools can also report to the police.  However, rape and other forms of sex and gender based violence manifes and perpetuate inequality, and federal anti-discrimination law recognizes that.  To ensure all students have equal access to education, schools are required to prevent and respond to reports of sexual violence.  An administrative response is not a replacement for reporting to the police; it is a parallel option for survivors based in civil rights, rather than criminal, law. (Source: Know Your Title IX http://knowyourix.org/).

Why should I tell someone?

LCSC is committed to providing an environment that emphasizes the dignity and worth of every member of its community, and that includes making sure it is free from harassment and discrimination and is safe for all those who study, live, and work here.  Keeping in the spirit of this committment, we want to know when incidents of discrimination, sexual harassment, and sexual misconduct occur so we can support you, respond to your concerns, and address the conduct in order to ensure the safety and well-being of all the members of our campus community. We can be instrumental in helping the victims of harassment by providing resources to assist them in their physical and emotional recovery.

Where can I find a confidential resource?

On campus
LCSC Student Counseling Center
Sam Glenn Complex, Rm 212 500 8th Avenue Lewiston, ID 83501 Contact counseling@lcsc.edu (208) 792-2211(800) 933-5272 ext 2211 (toll free)(208) 792-2453 (fax) Hours Monday - Friday 8:00 a.m. to 5:00 p.m. Summer Hours Monday - Thursday 8:00 a.m. to 5:00 p.m. Friday 8:00 a.m. to 12:00 p.m.
  LCSC Student Health Services
Sam Glenn Complex, Rm 205 500 8th Avenue Lewiston, ID 83501 Contact (208) 792-2251(800) 933-5272 ext 2251 (toll free)(208) 792-2882 (fax) Hours Monday - Thursday 8:00 a.m. to 5:00 p.m. Friday 8:00 a.m. to 12:00 p.m.
 In the community

YWCA Lewiston Office
300 Main Street Contact info@ywcaidaho.org (208) 743-153524-Hour Crisis Line (800) 669-3176 (toll free)

St. Joseph Regional Medical Center
415 6th Street Lewiston, ID 83501 Contact (208)743-2511(208) 678-2511 (toll free)

Tri-State Memorial Hospital
1221 Highland Avenue Clarkston, WA 99403 Contact info@tsmh.org (208) 758-5511(866) 814-3412 (toll free)
Quality Behavioral Health
900 7th Street Clarkston, WA 99403 Contact (509) 758-3341(509) 843-3548 (fax)
 

 How do I report an incident?

Visit our Report an Incident page for information on all of your reporting options, including information on how to file an anonymous report. 

Do I have to identify the alleged perpetrator?

In order to conduct a thorough investigation, the alleged perpetrator must be identified.  However, if you do not want to reveal the alleged perpetrator's identity, the Title IX Coordinator can still provide you with information and connect you with valuable resources and assistance. 

If an incident occurred off campus, can the College still investigate?

Yes.  If the incident occurred during an event or an activity sanctioned by LCSC, our policies and the Student Code of Conduct still apply.  Additionally, if the alleged perpetrator is affiliated with LCSC, and the continuing effects of the conduct are creating an offensive or hostile environment for you on campus, the College may investigate.  

 I am concerned that reporting an incident may make matters worse.  Should I still file a complaint?

Yes.  Various protective and interim measures are available to you, including but not limited to, issuing a no-contact directive to the other person, academic accommodations, adjustments in living arrangements, and security escort services.  Additinonally, retaliation is prohibited.  If others engage in retailiation against you for reporting an incident to the Title IX Coordinator, that conduct will be addressed and adjudicated.  

What should I know about preserving evidence?

For your safety and well-being, immediate medical attention is encouraged.  Further, being examined as soon as possible, ideally within 120 hours, is important in the case of rape or sexual assault.  To preserve evidence, follow these steps:

  1. It is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate, or change clothes before receiving medical attention.  Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable.
  2. Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until the police arrive.  They will gather bedding, linens or unlaundered clothing, and any other pertinent articles that may be used for evidence.  It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet to avoid contamination.
  3. If you have physical injuries, photograph or have them photographed, with a date stamp on the photo.

  4. Record the names of any witnesses and their contact information.  This information may be helpful as proof of a crime, to obtain an order of protection, or to offer proof of a campus policy violation.
  5. Try to memorize details (e.g. physical description, names, license plate number, car description, etc.) or write notes to remind you of details, if you have time and the ability to do so.
  6. If you obtain external orders of protection (e.g. restraining orders, injunctions, protection from abuse), please notify Campus Security or the Title IX Coordinator so that those orders can be observed on campus.

What happens after I file a report?

Once a report has been made to the Title IX Coordinator, you will be invited to an intake meeting.  During the meeting, the Title IX Coordinator will provide information on resource and support options, review the College policy prohibiting the alleged conduct and the procedures in place for responding to it.  You may share as much information as you feel comfortable sharing and you may bring a friend or support person with you to the meeting. 

Additioinally, during this meeting, and as necessary throughout an investigation, the Title IX Coordinator will conduct a safety assessment and determine whether action must be taken to protect the safety or security of any person involved, or of the Colllege community.  Consistent with this assessment, the Title IX Coordinator may share limited information with relevant offices or individuals at LCSC or in the community, which may include but is not limited to, law enforcement, HRS, the Office of the Provost, the Vice President for Student Affairs, crisis centers, and/or counseling centers, as appropriate to address the safety concerns.  

What happens during an investigation?

Where the Title IX Coordinator proceeds with a formal investigation, the Title IX Coordinator will provide written notice to the person alleged to have engaged in the misconduct, also known as the "Responding Party".  The Responding Party will receive a letter from the Title IX Coordinator that outlines the alleged conduct, the policy that is alleged to have been violated, and information on how to respond to the allegations.

The Title IX Coordinator will request statements and evidence from the parties involved and any witnesses who may have relevant information.  At the completion of an investigation, all of the information that was gathered will be thoroughly reviewed and a report written.  Using a preponderance of the evidcnce standard (more likely than no), the Title IX Coordinator will determine if there is sufficient information to state whether or not the policy was violated. 

If the facts of the investigation show there is sufficient evidence to support a violation of policy, a copy of the report will be sent to the Vice President for Student Affairs (in student matters) or the Director of Human Resources (in employee matters).   

Please review LCSC Policy 3.110 - Discrimination, Sexual Harassment, and Sexual Misconduct Prohibited (Appendix A) for a complete review of the investigation process.  

Will law enforcement be notified if I report an incident to the College?

Generally, no.  Incidents reported to College officials will not be reported to law enforcement unless you request a report be made to the police, or you request assistance in reporting to the police.  However, there are exceptions: per Idaho Code 16-1605, any person who has reason to believe that a child under the age of eighteen (18) years has been abused, abandoned or neglected, or who observes the child being subjected to conditions or circumstances which would reaonsably result in abuse, abandonment or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency.  Additionally, if an immediate threat to the safety of the campus community is identified, law enforcement will be notified.  

If an incident occurred at a party and I was drinking, will I get in trouble?

Alcohol and drug overdose can cause serious and life threatening medial emergencies, and LCSC students may encounter these types of emergencies while here.  Due to fear of the consequences, students are often afraid to seek emergency assistance for fellow students in trouble and may be afraid to report incidents they may have been involved with.  To encourage students to seek emergency care and report incidents of misconduct, LCSC has implemented the Student Medical Amnesty Policy, LCSC Policy 5.315 http://www.lcsc.edu/media/5064692/5315-student-medical-amnesty.pdf.  Student medical amnesty means students may avoid formal discipline under the LCSC Student Code of Conduct for alcohol or drug related violations for seeking medical assistance in an emergency situation, as well as for the student with the emergency.  This policy also may apply in instances when students report sex-based discrimination, sexual harassment, and sexual misconduct involving students.  

How do I help my friend who told me they were assaulted?

Be supportive - listen to what they have to say and encourage your friend to report the incident to the police, campus security, or the Title IX Coordinator.  You could provide your friend with campus and community resources or you consider reporting the incident yourself.  Do not judge your friend and remember to take care of yourself through the process, too.  For more information on how to support your friend, visit https://rainn.org/articles/help-someone-you-care-about.