Dear Trustees, Chancellor Claire, and College Presidents:

We are writing to demand a fair and transparent Title IX process. The groundwork for this project was completed by the Anti-Oppression Committee (AOC) of AFT 1493, with other constituent bodies now joining us to advocate.

Our effort began in October 2021 when the Anti-Oppression Committee heard from students and faculty who had gone through Title IX investigation processes. These students and faculty all reported a profound lack of transparency and clarity in the overall Title IX processes in our District. Their accounts prompted members of the Anti-Oppression Committee to research SMCCCD’s Title IX process and compare it with the processes at other Bay Area colleges.

AOC's inquiry revealed discrepancies and unclear guidelines at SMCCCD regarding accountability, follow-up protocols, and the personnel responsible for evaluating submitted Title IX reports. Hence, motivated by our need as students, faculty, staff, and community members for an educational environment free from racial and gender oppression, we present the following demands to the Board of Trustees, with the goal of creating a completely transparent Title IX process.

We ask the Board of Trustees to review the following list of demands regarding policies and procedures for processing Title IX reports. These demands directly correlate with the District’s commitment to provide “equal opportunity in educational programs, employment, and all access to institutional programs and activities” and to “ensure all members of the college community can present complaints regarding alleged violations of this policy and have their complaints heard in accordance with the Title V regulations and those of other agencies that administer state and federal laws regarding nondiscrimination” (BP 2.19):

1. Provide a flowchart of investigation processes of Title IX cases, accessible to all District community members and publicly posted online, that:
a. Indicates who qualifies as a mandated reporter when a student shares information about sexual harassment, sexual misconduct, or gender discrimination.
b. Specifies what constitutes a Title IX case and clearly delineates the threshold for initiating an investigation.
c. Lays out the steps of an investigation, including the normative time expected for each step to be completed.
d. Indicates the District or College staff person responsible for each step.
e. Indicates whom to contact if the processes are not followed.
f. Clarifies the appeals process when a filer does not agree with the investigation results.

2. Share districtwide the organizational chart that indicates the District- and College-level personnel who are responsible for investigating and acting on Title IX complaints.

3. Specify whether SMCCCD has a Title IX investigator within the District and/or Colleges. If so, explain how this individual is chosen and the criteria used to select the investigator. Additionally, indicate how the selection process ensures that the investigator’s identity and background promote accessibility, inclusivity, and the necessary level of trust necessary for reporting matters as sensitive as gender-based aggression.

4. Explain how Title IX coordinators are chosen and the criteria used to select them. Additionally, indicate how the selection process ensures that their identities and backgrounds promote accessibility, inclusivity, and the necessary level of trust necessary for reporting matters as sensitive as gender-based aggression.

5. Articulate a clear definition of retaliation and specific protocols to prevent retaliation Specify what protections are available to the reporter/complainant.

6. Provide thorough institutional support for the victims of gender aggression, including:
a. Information about how complainants and others can address retaliation when it happens.
b. Details on what accommodations and protections/preventions are available to allow complainants and others to continue working or learning in the District while protecting their safety.
c. Detailed, publicly accessible information about the extent to which confidentiality is available to Title IX complainants, including the specific circumstances in which their identities will be disclosed and to whom.
d. Information about personal counseling and mental health support provided by the District as well as resources available in the community.

7. Offer a required Title IX training to all SMCCCD employees, including administrators and students, that includes:
a. Explanation of what constitutes a Title IX violation, including noting that sexual harassment can be perpetrated by individuals in various roles against individuals in various roles: for example, students can commit Title IX violations against faculty, staff, or administrators.
b. Well-rounded information on all forms of gender aggression (including micro-aggressions) that could take place both in person and virtually.
c. For students, a detailed explanation of who is a mandated reporter.
d. For employees including administrators, a detailed explanation of how to navigate mandatory reporting requirements in working with students: for example, a flow chart indicating what employees should do at each stage of working with a student who discloses sexual misconduct or gender-based oppression.

8. The Preamble to Title IX states that “If a recipient [of Federal financial assistance] has actual knowledge of a pattern of alleged sexual harassment by a perpetrator in a position of authority, then a response that is not deliberately indifferent or clearly unreasonable may require the recipient’s Title IX Coordinator to sign a formal complaint obligating the recipient to investigate in accordance with § 106.45, even if the complainant (i.e., the person alleged to be the victim) does not wish to file a formal complaint or participate in a grievance process” (85 Fed. Reg. at 30,089). Given this guideline, provide transparency regarding how the District identifies and addresses patterns of harassment (including repeat offenders).

9. Publicly post an annual report indicating:
a. How many Title IX complaints have been filed at each college in the past year.
b. How many of those complaints have been investigated.
c. Of those complaints that have been investigated, how many investigations have concluded and how many are still under investigation.
d. How many instances of sexual misconduct or gender-based discrimination were found to have occurred.

We request a response to these demands and a written commitment to achieving a fair and transparent Title IX process, including letting us know the concrete plans that that will be implemented and the timeline. We request that this response be sent to AOC contacts Rika Yonemura-Fabian (fabian@aft1493.org) and Marianne Kaletzky (kaletzky@aft1493.org) so that it may be shared with all constituent bodies who have signed below. We look forward to working towards a more equitable and accessible District for all members of our community.

Sincerely,
AFT 1493 [and other signers to follow]