Reporting Discrimination or Harassment FAQs
You know when something’s not right. When someone’s in trouble—or about to be. You can be the one to help. Say something. Cause a distraction. Be the one to step into a situation to help someone out of it.
Reporting
What if I don’t want the person to get in trouble?
The college’s goal is not to get someone in trouble, but to respond to reports of
discrimination and harassment eliminate the behavior, prevent its recurrence and address
its effects. In all cases where a complainant submits a report of alleged misconduct,
we will review the information available and work with the complainant to discuss
options. In certain situations, the college may need to take action that goes beyond
the complainant's request for no action. Part of this action may include disciplinary
action taken against another individual, which will involve holding the individual
accountable for their behavior and taking steps to prevent this from happening again.
In these limited circumstances, the college will notify the complainant of this action
and discuss the process which will be followed.
How many people am I going to have to talk to?
We are aware that the complainant often does not want to have to tell their story
multiple times and we work to minimize how often an individual has to provide information,
as well as the number of people that a complainant needs to talk to. A member of the
Equal Opportunity team will ask a reporting party or the complainant to share what
took place and may ask them to provide a written account of what happened. As the
college reviews the complaint, there may be a need for the staff reviewing the concerns
to ask the complainant for additional information. For cases involving Title IX formal
complaints, a complainant may also be required to participate in a Title IX Hearing
including cross-examination.
What if the incident occurred off campus?
The College’s Discrimination, Harassment and Related Misconduct policy applies to
on campus misconduct. It also applies to misconduct that occurs off campus, including
online or electronic conduct, if the conduct occurs in the context of an employment
or education program or activity of the College, has continuing adverse effects on
campus, or has continuing adverse effects in an off-campus employment or education
program or activity.
Resources
What support is available to me if I’ve been subject to discrimination or harassment?
The Equal Opportunity team will meet with a complainant to discuss the details of
the concern and share on and off-campus resources. Depending on the specific circumstances
surrounding the concern, the College may apply interim protective measures that involve
assistance with academic classes, no-contact orders and transportation accommodation
requests from the complainant. These requests should be made through the Equal Opportunity
Office. Efforts will be made to honor these requests, whenever possible.
Confidentiality
Who is going to find out?
The staff in the Equal Opportunity Office will be involved in the response to the
report, will be notified. Should the complainant decide to pursue a formal complaint
through the college’s process to respond to reports of discrimination and harassment,
it is likely that the Assistant Vice President, Human Resources will be involved.
Should a request be made for classroom, employment and/or transportation accommodations,
the appropriate offices will be notified of the accommodation request, but not informed
of the details of the report. Other students who are not involved and other faculty/staff
without a “need to know” role are not informed of the complaint. Additionally, the
college does not inform the media/press of the identity of students; however, faculty
and staff identities may be revealed in a public records request.
The Assistant Vice President, Human Resources can discuss any request for confidentiality with the complainant at any time.
What happens if the complainant requests that their name be anonymous or ask that
the college not take any action?
If a complainant requests that his/her name not be revealed to the respondent, or
asks that the college not investigate or seek action against the respondent, the college
will inform the complainant that honoring the request may limit its ability to respond
fully to the incident, including pursuing disciplinary action against the respondent.
The complainant may still utilize supportive measures.
The college will also explain that Valencia College Policy 6Hx28:2-01 includes protections against retaliation and that college officials will not only take steps to prevent retaliation, but will also take responsive action if it occurs. If the complainant still requests that their name is not disclosed to the respondent or that the college not investigate or seek action against the respondent, the college will consider the request and may have to dismiss the formal complaint. Support is still available to the complainant.
Processes and Procedures
What is the difference between sexual misconduct and Title IX Sexual Misconduct?
For conduct to fall within the scope of Title IX Sexual Misconduct certain criteria
must be met. For example, the sexual misconduct must have occurred within the college’s
program or activity, or should involve individuals currently participating in the
college’s program or activity. Additional criteria can be found in Valencia College Policy 6Hx28:2-01. Should this criteria not be met, the college may still address the alleged misconduct
under applicable policies and procedures.
What are some examples of discrimination and harassment?
Please visit our website for more information on definitions within the policy.
What are some examples of sexual misconduct?
Please visit our website for more information on definitions within the policy.
Can I have a friend come with me?
Yes, a friend can serve in the role of an advisor. Please review Valencia College Policy 6Hx28:2-01 for information regarding the criteria for an advisor.