Dismissal of a Formal Complaint
All employees will receive training on identifying sexual harassment and on reporting sexual harassment to the Title IX Coordinator. This may be part of existing training. Educ. Code § 66281.8(b)(9).
All Title IX personnel (Title IX Coordinator, investigators, hearing and appeal decision-makers, and people who facilitate any informal resolution process) will receive training on the definition of sexual harassment in 34 CFR 106.30, the scope of Ohlone’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
Ohlone will ensure that decision-makers receive training on any technology to be used at a live hearing.
Ohlone will ensure that decision-makers and investigators receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant (how to apply the rape shield protections provided only for complainants.) 34 CFR § 106.45(b)(1)(iii) and (b)(6).
The Title IX Coordinator and other employees involved in investigating and adjudicating sexual harassment and sexual crimes will be trained on (i) trauma-informed investigatory and hearing practices that help ensure an impartial and equitable process, (ii) best practices for assessment of a sexual harassment or sexual violence complaint, (iii) best practices for questioning of the complainant, respondent, and witnesses, and (iv) implicit bias and racial inequities, both broadly and in school disciplinary processes. Educ. Code 66281.8(b)(2), 66281.8(b)(6)(A), and 67386(b)(12). Ohlone materials for this training shall include statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity. When possible, citation to such statistics shall be included in the written sexual harassment policies required by Section 66281.5 accompanying Ohlone’s grievance procedures. Educ. Code 66281.8(b)(6)(B).
Investigators will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence, as set forth in 34 CFR § 106.45(b)(5)(vii).
Any materials used to train Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.