1447 Sex Discrimination

Original Date: 7/31/2024 (Temporary Cabinet approval expires 01/30/2025)

Policy Contact: Vice President, Diversity, Equity, and Inclusion

Policy

Bellevue College is committed to providing an educational and employment environment that is free from sex discrimination and sex-based harassment, including retaliation because of making a report or participating in related protected activities.

Bellevue College complies with U.S. Office of Civil Rights, Department of Education, 34 CFR Part 106 Title IX regulations. This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment. This policy does not prevent the college from pursuing action under other college policies, Student Conduct Code, employment contracts or handbooks, or related federal or state law.

This policy applies to sex discrimination and sex-based harassment, described below in the prohibited conduct section, that occur on or after August 1, 2024. For reported incidents of sex discrimination or sex-based harassment occurring prior to August 1, 2024, the following policies and procedures apply: Policy 1445, Procedure 1445P, Procedure 1445P2, and WAC 132H-126-400 to 480.

This policy does not alter or modify laws, regulations, or college policies applicable to the legitimate exercise of academic freedom or constitutionally protected rights. Discrimination complaints based on membership in a protected class are addressed in Policy 1440. General complaints unrelated to discrimination or harassment based on membership in a protected class or retaliation are addressed in Policy 1450.

Prohibited Conduct

This policy prohibits act(s) of sex discrimination and sex-based harassment. It may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this policy. It includes attempts to commit, or aid, abet, incite, encourage, or assist another person to commit said act(s).

  1. Sex Discrimination includes Sex-based Harassment, occurs when a Respondent causes more than de minimis (insignificant) harm to an individual by treating them differently from a similarly situated individual based on:
    • sex stereotypes;
    • sex characteristics;
    • pregnancy or related conditions;
    • sexual orientation; and
    • gender identity.
    • Conduct that prevents an individual from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex and is prohibited.
  2. Sex-based harassment is a type of sex discrimination that includes:
    • Quid pro quo harassment. An employee, agent, or other person authorized by the college to provide an aid, benefit, or service under the college’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
    • Hostile environment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
      • The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
      • The type, frequency, and duration of the conduct;
      • The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each Party that may be Relevant to evaluating the effects of the conduct;
      • The location of the conduct and the context in which the conduct occurred; and
      • Other sex-based harassment in the recipient’s education program or activity.
    • Sexual violence. Sexual violence includes the following conduct:
      • Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
      • Nonconsensual sexual contact (fondling). Any actual or attempted sexual touching, however slight, with any object or body part, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
      • Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, or sibling of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).
      • Statutory rape (Rape of a child). Non forcible sexual intercourse with a person who is under the statutory age of consent.
  3. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.
  4. Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • The length of the relationship;
    • The type of relationship; and
    • The frequency of interaction between the persons involved in the relationship.
  5. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress.
  6. Retaliation means intimidation, threats, coercion, or discrimination against any person by the college, a student, or an employee or other person authorized by the college to provide aid, benefit, or service under the college’s education program or activity, for the purpose of interfering with any right or privilege secured by college policies and procedures prohibiting sex discrimination, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an informal resolution process, in these investigation procedures, and any disciplinary proceeding for sex discrimination. Nothing in this definition precludes the college from requiring an employee to provide aid, benefit, or service under the college’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

Policy Violations

Reported concerns will be reviewed according to the procedures described in 1447P, 1447P2, 1447P3 to determine what supportive measures, investigations, resolution options, remediation, or other actions are required or recommended.

Students and employees found to have violated this policy may be subject to corrective or disciplinary action, up to and including dismissal from the college or dismissal from employment.  Any disciplinary actions initiated following review and investigation will be handled in accordance with the student conduct code, WAC 132H-126, policy 2050, for students; and policy 1447P2, Employee sex discrimination disciplinary procedure, for employees, and if applicable, visiting staff, contractors, or third parties.

Contacts

Any employee, student, applicant, or visitor who believes that they have been the subject of sex discrimination can file a report online at www.bellevuecollege.edu/about-us/report-concerns or contact one of the following individuals. If the complaint is against one of the following, the matter should be reported to the president’s office for referral to an alternate designee.

Rachel Wellman, Compliance and Title IX Coordinator

Jill Powell-Szep, Deputy Title IX Coordinator

Resources

On-Campus

Office of Compliance and Title IX

Bellevue College campus office responsible for responding to sex discrimination and sex-based harassment including determining and implementing supportive measures and remedies, providing available alternate resolution options, and referring to external agencies.

Human Resources Office

Human Resources Office is responsible for assisting employees with flexible work arrangements, employee relations matters, leave and benefits, and other conditions of employment.

Counseling Center (for students)

Students can access Bellevue College Counselors who are trained and/or licensed mental health professionals. Bellevue College Counselors maintain confidentiality as required by their license. Center at

Employee Assistance Program

Employees can access counseling and resources.

Public Safety

Available 24 hours a day, 7 days a week and can provide an escort to and from locations on campus.

Off-Campus

Domestic Abuse Women’s Network (DAWN)

Domestic Violence services, including 24-hour advocacy and support line, emergency shelter, community advocacy, legal advocacy, therapy and groups.

  • (425) 656-7867
  • dawnrising.org

LifeWire

Domestic Violence services in Bellevue, including a 24-hour helpline, housing/rent assistance, shelter, community and legal advocacy, therapy, and support groups.

King County Sexual Assault Resource Center

King County Sexual Assault Resource Center (KCSARC) has a 24-hour helpline, and they provide crisis response, community and legal advocacy, therapy, and family services in both English and Spanish.

Population Specific

King County has a variety of population specific resources, some of which can be found at: bellevuecollege.edu/gbvprevention/resources/.

Responsibilities

All employees are responsible for:

  • Refraining from conduct that is discriminatory, harassing, or retaliatory;
  • Taking discrimination, harassment, and retaliation concerns seriously;
  • Reporting suspected discriminatory, harassing, or retaliatory conduct to the appropriate authorities in accordance with procedures 1440P and 1447P;
  • Upon learning of a student’s pregnancy or related condition, providing the student with the Title IX coordinator’s information as well as information about available assistance, and
  • Cooperating with any resulting investigation and/or disciplinary proceeding.
  • Employees who are licensed mental health counselors wherein confidentiality is part of their licensure, while in the role of counselor, are exempt from reporting.

Administrators, supervisors, and faculty members are responsible for:

  • Providing a working and learning environment free from discrimination, harassment, and retaliation;
  • Monitoring the work and learning environment for potential discrimination, harassment, and retaliation;
  • Collaborating, when appropriate, with the human resources and Title IX offices to follow-up on situations that have been addressed through the reporting procedures; and
  • Monitoring for potential recurrences of discrimination, harassment, or retaliation.

Relevant Laws and Other Resources

Revision History

Created: 07/31/2024 (Temporary Cabinet approval expires 1/30/2025)

Approved By

President’s Cabinet

Last Updated October 28, 2024