Who is the Title IX Coordinator and What is the Process for Title IX and Responses?

The Title IX Coordinator is your resource for any questions or concerns you may have about sex discrimination, sexual harassment or sexual violence.

The Title IX Coordinator is the person responsible for overseeing compliance with Title IX requirements and Title IX’s prohibition on discrimination on the basis of sex in the education programs or activities Ohlone operates.

Ohlone’s Title IX Coordinator is the Vice President of Human Resources, Shairon Zingsheim, who can be reached at:

Ohlone’s Title IX Coordinator is the primary point of contact for Title IX and state sexual harassment or sexual crimes issues.

Another Ohlone official with the authority to investigate sexual harassment or sexual crimes complaints made under Education Code 66281.8 or to institute corrective measures such as sanctions, accommodations, or other forms of resolution of the complaint is:
Milton Lang, Vice President of Student Services

  • Telephone: (510) 659-6107
  • Email: mlang@ohlone.edu 
  • Location: Building 7, Room 7221. Building 7 is near the top of the hill on the Fremont campus, located at 43600 Mission Blvd., Fremont, CA 94539-5847. Enter campus on Pine Street (south entrance) and drive up the hill to the two-level parking structure or Parking Lot P. Building 7 is near Bus Stop Key D. Click here to view Ohlone Fremont campus map.

Questions you may have regarding Title IX, sexual harassment, sex crimes, or sex misconduct may be asked of the Vice President of Human Resources or OCR.

Role of the Title IX Coordinator 

Pursuant to Title IX of the Education Amendments of 1972 and the U.S. Department of Education’s implementing regulations at 34 C.F.R. Part 106, Ohlone’s Title IX Coordinator has primary responsibility for coordinating Ohlone’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in the operations of Ohlone, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX. 

Sexual misconduct against students, including sexual harassment, sexual assault, rape, and sexual exploitation, can be a form of sex discrimination under Title IX. The Title IX coordinator oversees Ohlone’s response to reports and complaints that involve possible sex discrimination to monitor outcomes, identify and address any patterns, and assess effects on the campus climate, so Ohlone can address issues that affect the wider school community. 

A student should contact the Title IX Coordinator to: 

  • seek information or training about students’ rights and courses of action available to resolve reports or complaints that involve potential sex discrimination, including sexual harassment or misconduct, 
  • file a complaint or make a report of sex discrimination, including sexual harassment or misconduct, 
  • notify Ohlone of an incident or policy or procedure that may raise potential Title IX concerns, 
  • get information about available resources (including confidential resources) and support services relating to sex discrimination, including sexual harassment or misconduct, and 
  • ask questions about Ohlone’s policies and procedures related to sex discrimination, including sexual harassment or misconduct. 

Ohlone’s Title IX compliance team includes:-

The Title IX coordinator is responsible for overseeing Ohlone’s response to all Title IX complaints.  

Ohlone’s Chief of Campus Safety and can be reached:

Any criminal acts can be reported to Campus Safety. 

In the event that the incident, policy, or procedure about which the student seeks to file a report or complaint creates the appearance of a conflict of interest with one of the members of the Title IX compliance team, students may contact any other member of the Title IX compliance team or notify any Ohlone Dean or Vice President. 

Inquiries or complaints that involve potential violations of Title IX may also be referred to the U.S. Department of Education’s Office for Civil Rights, which can be reached at 415-486-5555 or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice (DOJ) by telephone at (202) 514-4092 or see:  http://www.justice.gov/crt/complaint/#three

Functions and Responsibilities 

The Title IX Coordinator’s functions and responsibilities include overseeing the Title IX process, which includes the following: 
 

Training for Students, Faculty, and Staff 

The Title IX Coordinator provides or facilitates ongoing training, consultation, and technical assistance on Title IX for all students, faculty and staff, including: 

  • regular training for faculty and staff outlining their rights and obligations under Title IX, including the appropriate response to reports of sexual misconduct, the obligation to report sexual misconduct to appropriate Ohlone officials, and the extent to which counselors and advocates may keep a report confidential, and 
  • regular training for students outlining their rights under Title IX: with regard to sexual misconduct, this training will include what constitutes sexual misconduct and when it is sexual harassment, the definition of consent, reporting options (including reports to responsible employees, campus and local law enforcement, and confidential reporting to counselors or advocates), formal complaints, the investigation and fair grievance process hearing used to process formal complaints, applicable disciplinary code provisions relating to sexual misconduct and the consequences of violating those provisions, the role of alcohol and drugs in sexual misconduct, the effects of trauma, strategies and skills for bystander intervention, the offices or individuals with whom students can speak confidentially, the offices or individuals who can provide support services, the employees who must report incidents to the Title IX coordinator, and Title IX’s protections against retaliation. 

Ohlone’s Response to Sexual Harassment

(a) General response to sexual harassment

When Ohlone has actual knowledge of sexual harassment in an Ohlone education program or activity against a person in the United States, Ohlone must respond promptly in a manner that is not deliberately indifferent (deliberately indifferent is only if Ohlone’s response to sexual harassment is clearly unreasonable in light of the known circumstances.) “Education program or activity” includes locations, events, or circumstances over which Ohlone exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by Ohlone. 

Ohlone’s response must treat complainants and respondents equitably by offering supportive measures as defined in 34 CFR § 106.30 to a complainant, and by following a grievance process that complies with 34 CFR § 106.45 before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in 34 CFR § 106.30, against a respondent. 
The Title IX Coordinator must promptly contact the complainant to discuss the availability of supportive measures as defined in 34 CFR § 106.30, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint ADD LINK TO SUB-PAGE 9], and explain to the complainant the process for filing a formal complaint. 
Ohlone will not restrict rights protected under the U.S. Constitution, including the First Amendment (including free speech), Fifth Amendment, and Fourteenth Amendment. 

(b) Response to a formal complaint

  1. In response to a formal complaint, Ohlone will follow an investigation and grievance process that complies with 34 CFR § 106.45. 
  2. With or without a formal complaint, Ohlone will comply with 34 CFR § 106.44(a). (See general response to sexual harassment in (2)(a) above, on this page). 
  3. The Title IX regulations require that the Assistant Secretary will not deem Ohlone’s determination regarding responsibility to be evidence of deliberate indifference by Ohlone, or otherwise evidence of discrimination under Title IX by Ohlone, solely because the Assistant Secretary would have reached a different determination based on an independent weighing of the evidence. 34 CFR § 106.44(b)(2).

(c) Emergency removal of Respondent

Nothing in this part [34 CFR Part 106] precludes Ohlone from removing a respondent from Ohlone’s education program or activity on an emergency basis, provided that Ohlone undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act. 

(d) Administrative leave

Nothing in this subpart [34 CFR Part 106, Subpart D] precludes Ohlone from placing a non-student employee respondent on administrative leave during the pendency of a grievance process that complies with 34 CFR § 106.45. This provision may not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act. 
(Under state law, reports of sexual harassment by a third party may also be made, and Ohlone will respond to address or prevent a hostile educational environment or ensure access to education, but this does not add a duty or obligation to nonstudent parties that does not already exist by statute or agreement. Educ. Code § 66281.8(b)(4)(B).)

Complaints and Investigations 

A Title IX complaint can be filed by a complainant (or victim), by third parties (such as a witness, parent, or legal guardian), or by the Title IX Coordinator. The complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment or sexual misconduct, regardless of whether the complainant in fact files a complaint or the complaint is filed by a third-party or by the Title IX Coordinator. The respondent is an individual who has been reported to be the perpetrator of the conduct that could constitute sexual harassment or other sexual misconduct.

There is no time limit (or statute of limitations) within which the complainant must filed a formal complaint. 

A complainant’s wishes with respect to whether Ohlone investigates should be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the complainant’s wishes is not clearly unreasonable in light of the known circumstances.

Ohlone is responsible for conducting prompt, adequate, reliable, and impartial investigations of reports and complaints of sexual misconduct. The Title IX Coordinator oversees many aspects of this response, including: 
•  determining whether the report or complaint alleges conduct that may, upon investigation, constitute prohibited sexual misconduct, 
•  appointing an investigator or investigative team upon such determination, 
•  making certain that individual reports and complaints are handled properly and in a prompt and timely manner, 
•  informing all parties regarding the investigations and grievance process,
•  confirming that all parties have been notified of grievance decisions and of the right to, and procedures for, appeal, if applicable, 
•  maintaining information and documentation related to the investigation in a secure manner, and 
•  monitoring compliance with timeframes specified in the grievance procedures.

The Title IX Coordinator evaluates requests for confidentiality by those who report or complain about sexual misconduct in the context of Ohlone’s responsibility to provide a safe and nondiscriminatory environment for all students.

If the allegations are determined to not meet the definition of sexual harassment or did not occur in the education program or activity against a person in the United States, Ohlone is required to dismiss the allegations for purposes of Title IX, but Ohlone may still address the allegations in any manner that Ohlone deems appropriate under other laws or Ohlone’s code of conduct.

Outreach and Remedies, Including Interim Measures, Supportive Measures, and Grievance Process

Upon learning of a report or complaint of sexual misconduct, the Title IX Coordinator promptly takes steps to ensure the complainant’s equal access to Ohlone’s programs and activities and protect the complainant as necessary. Such steps may include taking interim measures before the final outcome of any investigation, offering supportive measures regardless of whether a formal complaint is filed, providing remedial measures after the final outcome of investigation, and making the complainant aware of all available resources, including:

Ohlone offers free supportive measures  to each alleged victim of sexual harassment or sexual misconduct.  Supportive measures are individual services to restore or preserve equal access to education, protect the safety of students and employees, and/or deter sexual harassment. 

Ohlone’s Title IX Coordinator:

  • will promptly contact the complainant confidentially to discuss and offer supportive measures even if the complainant does not want to initiate or participate in a grievance process.
  • will consider the complainant’s wishes with respect to supportive measures. Each individual may need different supportive measures, so Ohlone will work with the complainant to discuss and implement supportive measures that best support the complainant’s needs.
  • will inform the complainant of the availability of supportive measures, regardless of whether the complainant files a formal complaint. 
  • will explain to the complainant the process for filing a formal complaint. 

The State law follows a similar outreach approach, which includes:
The Title IX coordinator or other designated employee will assess each report of sexual harassment and provide outreach, as appropriate, to each identifiable student who is alleged to be the victim of the reported conduct. The outreach shall include all of the following information: 

  1. Ohlone has received a report that the student may have been a victim of sexual harassment. 
  2. A statement that retaliation for filing a complaint and/or participating in a complaint process is prohibited. 
  3. Counseling resources within Ohlone or in the community.
  4. Where a crime may have occurred, notice that the student has the right, but not the obligation, to report the matter to law enforcement.
  5. Ohlone’s investigation procedures
  6. Potential interim measures, such as no-contact directives, assistance with housing changes, and academic schedule changes, where applicable. 
  7. The importance of preserving evidence
  8. A request for the student to meet with the Title IX Coordinator or other designated employee to discuss options for responding to the report. 
  9. The manner in which the institution responds to reports of sexual harassment and a description of potential disciplinary consequences. (Educ. Code § 66281.8(b)(4)(A)(xxiii)(I-IX).) 

The complainant may file a complaint and participate in a fair and impartial grievance process, but the complainant cannot be coerced or threatened into participating in a grievance process.

Ohlone is required to provide strong and clear procedural rights for both the complainant and respondent in a predictable and transparent grievance process designed to reach reliable outcomes, while respecting Constitutional rights such as due process and free speech. The fair grievance process requirements are addressed in more detail.

Upon a finding of prohibited sexual misconduct, the Title IX Coordinator determines whether campus-wide remedies should be adopted in response, including review and revision of Ohlone’s sexual misconduct policies, increased monitoring, supervision or security at locations where sexual misconduct is reported to occur, and increased education and prevention efforts, including to targeted populations. 

Ohlone is required to follow the grievance process before imposing disciplinary sanctions or other actions that are not supportive measures against a respondent.

Ohlone will respect and not restrict rights protected by the U.S. Constitution, such as free speech and due process rights.

If an individual is found to have engaged in prohibited sexual misconduct after the fair grievance hearing process, the Title IX Coordinator oversees implementation of the sanctions to ensure that they, along with Ohlone’s supportive and long-term measures taken in response to the sexual misconduct, are reasonably calculated to stop the sexual misconduct and prevent its recurrence. 

Monitoring and Advising 

To address sexual misconduct on campus and ensure ongoing compliance with Title IX, the Title IX Coordinator: 

  • coordinates an annual climate survey, in consultation with research personnel with expertise in survey design and data collection and analysis, 
  • analyzes data collected by the annual climate survey to assess the rates and nature of sexual misconduct, any location hot-spots or risk factors, knowledge of Ohlone’s sexual misconduct policies, procedures and resources, and the consequences of violating such policies, and the effectiveness of Ohlone’s efforts to ensure that Ohlone is free from sexual misconduct, 
  • reviews regularly all reports and complaints raising potential Title IX issues throughout Ohlone to ensure that Ohlone responded consistent with its Title IX obligations, even if the report or complaint was initially filed or raised with another individual, 
  • reviews regularly all reports and complaints raising potential Title IX issues throughout Ohlone to identify and address any patterns, 
  • reviews regularly Ohlone’s policies and procedures to ensure that they comply with the requirements of Title IX, 
  • organizes and maintains files for seven years related to grievances, reports, complaints, and other records of potential sex discrimination, including sexual misconduct, in a secure manner, 
  • assesses regularly Ohlone’s compliance with, and the effectiveness of, policies and procedures related to sex discrimination, including sexual misconduct, and recommends modifications where appropriate, 
  • coordinates regularly with Ohlone’s Clery Act Compliance Officer with respect to overlapping obligations related to sexual misconduct against students, including prevention, education, and training, 
  • consults regularly with Ohlone’s President and campus stakeholders to promote campus-wide awareness and discussion of Title IX-related issues, and develops and implements any modifications of policies and procedures to prevent and eliminate sex discrimination, including sexual misconduct, and 
  • ensures that appropriate policies and procedures are in place for working with local law enforcement and coordinating with local victim advocacy organizations and service providers, including rape crisis centers.