Title IX

Sex-based Discrimination occurring in a higher-education setting implicates a federal law called Title IX of the Higher Education Amendments of 1972 to the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.

San Juan College is committed to maintaining a positive learning and working environment, as well as other benefits, programs, and activities free from discrimination based on protective characteristics, harassment, and retaliation for engaging in protected activity. When brought to the college's attention, its Title IX team will take prompt and effective action to end any sex discrimination, including sexual violence and other forms of sex-based harassment, in its education programs or activities, prevent its reoccurrence, and remedy its effects.

Contact Information for Title IX Coordinator:

Stacey Allen 

The Compliance Officer of Human Resources has been designated as the Equal Employment and Opportunity Officer, Title IX and Section 504/Title II Coordinator (“EEO/Title IX/Section 504 Coordinator”) for San Juan College.

The office is located on the Main Campus Educational Services Building, second floor, Room 4236. The EEO/Title IX/Section 504 Coordinator can be reached directly at the following telephone number: (505) 566-3515 or TitleIX@abadiadetortoreos.com. 

This position oversees disability compliance, the San Juan College’s policy on equal opportunity, harassment, and non-discrimination. The Title IX Coordinator has the primary responsibility for coordinating San Juan College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this policy.

Sex-based Harassment:

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

Quid pro quo:

An employee, agent, or other person authorized by the College, explicitly or impliedly conditioning the provision of aid, benefit, or service under the College’s education program or activity on a person’s participation in unwelcome sexual conduct.

Hostile Environment Harassment: 

Unwelcome sex-based conduct, 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 College’s education program or activity. 

Sexual Assault:

Any sexual act, including Rape, Sodomy, Sexual Assault with an Object, or Fondling directed against another person without their consent, including instances where the victim is incapable of giving consent because of their age or their temporary or permanent mental or physical incapacity.

Dating Violence:

Intentionally or recklessly causing the Complainant physical, emotional, or psychological harm Violence committed by a Respondent, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant; and where the existence of such a relationship shall be determined based on a consideration of the length and type of relationship, including the frequency of the interaction between the Parties involved in the relationship.

Domestic Violence:

Felony or misdemeanor crimes committed by a person who is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of New Mexico or a person similarly situated to a spouse of the Complainant; is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner; shares a child in common with the Complainant; or commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of New Mexico.

Stalking:

Engaging in a course of conduct on the basis of sex, that is, directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.

For the purposes of the stalking definition:

1. The course of conduct requires that there be more than one incident, and the conduct must be directed at a specific person. Stalking can occur in person or using technology, and the duration, frequency, and intensity of the conduct should be considered. Stalking tactics can include, but are not limited to watching, following, using tracking devices, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. Merely annoying conduct, even if repeated, is a nuisance, but is not typically chargeable as stalking.
2. Reasonable person means a person under similar circumstances and with similar identities to the Complainant.
3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Sex-based Harassment may also include any definition that is set forth in the statutes or regulations of the State of New Mexico.

Complainant/Respondent

If you wish to report sex-based discrimination, harassment, retaliation, or any other Title IX issue, you are referred to as the Complainant. The person against whom you have made allegations is referred to as the Respondent.

Internal Reporting

Submit Online Reporting for Title IX

Online reporting for sexual harassment, sexual assault/violence, dating violence, domestic violence, and stalking. Disclosure of the incident may be required under the Clery Act. However, the identity of survivor will not be disclosed.

Students, faculty, staff and individuals who have an active San Juan College User Name and Password may use the online form.

If you do not have an active User Name and Password, please contact San Juan College’s Title IX Coordinator, Stacey Allen to make a report.

Stacey Allen can be reached directly by the following:

Call: (505) 566-3515

Email: TitleIX@abadiadetortoreos.com 

Visit: Main Campus in the Educational Services Building, Second Floor, Room 4236.

In addition, reports can be made to any College personnel, including the San Juan College Student Health Center at (505) 566-3597 and the Department of Public Safety at (505) 215-3091. Mandatory reporting is required. Counselors only with the Student Health Center are a confidential resource; student consent is required for providing the complainant's personally identifiable information.

External Reporting

If you require emergency assistance, please contact the Farmington Police Department at (505) 334-6622 or call 911 immediately.

To report sexual assault confidentially, contact Sexual Assault Services of Northwest New Mexico 24-Hour Crisis Hotline: (505) 326-4700 or 1(866) 908-4700.

Reporting party may pursue separate complaints simultaneously through the Title IX Coordinator and through a law enforcement process. In addition, you may file a complaint with the Office of Civil Rights of the United States Department of Education.

Preservation of Evidence:

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time-sensitive. The College will inform the complainant of the importance of preserving evidence by taking actions such as the following:

Sexual Assault

1. Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better).
2. Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
3. If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
4. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or a secure evidence container (if provided by law enforcement).
5. Seeking medical treatment can be essential, even if it is not for collecting forensic evidence. 

Stalking/Dating Violence/Domestic Violence/Sex-Based Harassment

1. Evidence in the form of text and voice messages will be lost in most cases if the Complainant changes their phone number.
   • Make a secondary recording of any voice messages and/or save the audio files to a cloud server.
   • Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook).
2. Save copies of email and social media correspondence, including notifications related to account access alerts.
3. When possible, take timestamped photographs of any physical evidence, including notes, gifts, etc., in place.
4. Save copies of any messages, including those showing any request for no further contact.
5. If possible, obtain copies of call logs showing the specific phone number being used rather than a saved contact name.

During the initial meeting between the Complainant and EEO Officer/Title IX/Section 504 Coordinator, the importance of taking these actions will be discussed, if timely.

San Juan College’s Notice of Non-Discrimination and Equal Opportunity Statement 

San Juan College does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived race, color, national origin, ancestry, religion, sex, pregnancy or related conditions, sexual orientation, gender identity, disability, age, genetic information, spousal affiliation, veteran’s status, or on the basis of any other category protected under federal, state and local laws, in any educational programs and activities, or its employment and admission decisions.

San Juan College’s Policy of Equal Opportunity, Harassment, and Non-Discrimination extends to recruitment, employment, compensation, benefits, transfers, layoffs, returns, institutionally sponsored education, training, tuition assistance, social and recreational programs, housing access, staff development opportunities, and advancement. In addition, the College adheres to this non-discrimination and equal opportunity philosophy in its admissions policies and practices, as well as any other terms and conditions of employment or any other academic programs, terms and conditions.

Therefore, any member of the San Juan College community whose acts deny, deprive, unreasonably interfere with, or limit the education or employment, housing access, benefits, and/or opportunities of any member of the San Juan College community on the basis of that person’s actual or perceived protected characteristic(s), is in violation of this Policy.

San Juan College will promptly and effectively address any such discrimination of which it has knowledge/notice using the resolution process in the Equal Opportunity, Harassment, and Non-Discrimination Procedures.

The College is committed to ongoing support that promotes equal opportunity, inclusion, and non-discrimination efforts for its faculty, staff, students, contractors, and visitors. The success of these programs is contingent on the personal dedication of every member of the college community. Each of us has a role in implementing the commitments of the institution, and our collective efforts will ensure a fair and inclusive environment for all.  

Complaints or notice of alleged policy violations, or inquiries regarding this policy and procedures, are made to the following person: 

The Compliance Officer of Human Resources has been designated as the Equal Employment and Opportunity Officer, Title IX, and Section 504/Title II Coordinator (“EEO/Title IX/Section 504 Coordinator”) for San Juan College.  

The office is located on the Main Campus in the Educational Services Building, Second floor, Room 4236. The EEO/Title IX/Section 504 Coordinator can be reached directly at the following telephone number: (505) 566-3515 or TitleIX@abadiadetortoreos.com.  

Inquiries may be made externally to: 

Complainant and Respondent rights in the College’s investigative and resolution process:

• An equitable investigation and resolution of all credible allegations of prohibited discrimination, harassment, retaliation, and other prohibited behaviors, when reported in good faith to College officials.
• Timely written notice of all alleged violations, including the identity of the Parties involved (if known), the specific misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated Policies and procedures, and possible sanctions.
• Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations.
• Be informed in advance of any College public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
• Have all personally identifiable information protected from the College’s release to the public without consent, except to the extent permitted by law.
• Be treated with respect by College officials.
• Have College Policy and these procedures followed without material deviation.
• Voluntarily agree to resolve allegations under this Policy through Informal Resolution without College pressure, if Informal Resolution is approved by the EEO Officer/Title IX/Section 504 Coordinator.
• Not be discouraged by College officials from reporting discrimination, harassment, retaliation, and other prohibited behavior to both on-campus and off-campus authorities.
• Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by the College in notifying such authorities, if the party chooses. This also includes the right to not be pressured to report.
• Have allegations of policy violations responded to promptly and with sensitivity by the Department of Public Safety and/or other College officials.
• Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on-campus and in the community.
• A College-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct.
• Be informed of available assistance in changing academic, living, and/or employment situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either institutional or criminal, needs to occur for this option to be available.
• Have the College maintain supportive measures for as long as necessary and for them to remain confidential, provided that confidentiality does not impair the College’s ability to provide the supportive measures.
• Receive sufficiently advanced written notice of any College meetings or interviews involving another party, when possible.
• Identify and have the Investigator(s) and/or Decision-maker question relevant available witnesses, including expert witnesses.
• Provide the Investigator(s)/Decision-maker with a list of questions that, if deemed relevant and permissible by the Investigator(s)/Decision-maker, may be asked of any party or witness.
• Have the Complainant’s inadmissible sexual interests/prior sexual history or any Party’s irrelevant character evidence excluded by the Decision-maker.
• Access the relevant evidence obtained and respond to that evidence.
• A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account on the record.
• Receive a copy of all relevant and permissible evidence obtained during the investigation, subject to privacy limitations imposed by federal and state law, and be given ten (10) business days to review and comment on the evidence.
• The right to receive a copy of the Final Investigation Report, including all factual, Policy, and/or credibility analyses performed, and to have at least seven (7) business days to review the report prior to the determination.
• Be informed of the names of all witnesses whose information will be used to make a finding in advance of that finding when relevant.
• Regular status updates on the investigation and/or Resolution Process.
• Have reports of alleged policy violations addressed by Resolution Process Pool members who have received relevant annual training as required by law.
• A Decision-making panel that is not single-sex in its composition, if a panel is used.
• Preservation of confidentiality/privacy, to the extent possible and permitted by law.
• Meetings, interviews, and/or hearings that are closed to the public.
• Petition that any College representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
• Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the Resolution Process.
• Apply the appropriate standard of proof, the preponderance of the evidence, to make a finding and final determination after an objective evaluation of all relevant and permissible evidence.
• Be present, including presence via remote technology, during all testimony given and evidence presented during any hearing.
• Have an impact and/or mitigation statement considered by the Decision-maker following a determination of responsibility for any allegation, but prior to sanctioning.
• Be promptly informed of the Resolution Process finding(s) and sanction(s) (if any) and be given a detailed rationale of the decision (including an explanation of how credibility was assessed) in a written outcome letter delivered to the Parties simultaneously (without undue delay).
• Be informed in writing of when a College decision is considered final and any changes to the final determination or sanction(s) that occur post-outcome letter delivery.
• Be informed of the opportunity to appeal the Resolution Process finding(s) and sanction(s), and the procedures for doing so in accordance with the College’s grounds for appeal.
• A fundamentally fair resolution as defined in these procedures.

Sex-Based Discrimination Resources

Mandated Reporting and Confidential Employees

All San Juan College faculty and employees (including student-employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected discrimination, harassment, and/or retaliation to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as the result of such disclosures without formal San Juan College action.

Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator. If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately pass the notice to the Title IX Coordinator (and/or police if desired by the Complainant or required by law), who will act when an incident is reported to them.

Other Internal Contacts

Department of Public Safety
East Classroom Complex, First Floor, Room 1100
Phone: 4444 (non-emergency) or 3333 (Emergency) from campus phone or (505) 566-3263
Email Department of Public Safety at DPS@abadiadetortoreos.com 

The following sections describe the College’s reporting options for a Complainant or third party (including parents/guardians when appropriate):

Confidential Resources

To enable Complainants to access support and resources without filing a Complaint, San Juan College has designated confidential resources. Those designated as confidential resources are not required to report actual or suspected discrimination, harassment, or retaliation in a way that identifies the Parties.  They will, however, provide the complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or San Juan College official unless a complainant has requested the information be shared. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability or when required to disclose by law or court order.

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following Confidential Resources:

Internal Confidential Resources

Employees who have confidentiality as described above, and who receive notice within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client or patient.

In addition, Complainants may speak with individuals unaffiliated with San Juan College without concern that policy will require them to disclose information to the institution without permission, including licensed professional counselors and other medical providers, local rape crisis counselors, domestic violence resources, local or state assistance agencies, clergy/chaplains, and attorneys.

Confidential External Resources

San Juan College is committed to providing a supportive learning and working environment and fostering safe, healthy relationships among our students, faculty, and staff. Training is intended to help you learn more about these issues, as you play an important role in keeping our campus safe.

Online Training

The Title IX Office sends an email link to individuals to complete training.

Students

Completion of the Sexual Assault Prevention for Undergraduates is required for all incoming and transfer students.

Employees

Completion of the Harassment and Discrimination for Employees (Includes Title IX) is required for all employees on an annual basis.

Watch Video on YouTube 

Training Materials for Public Access based on 34 C.F.R. § 106.45(b)(10)(i)(D) to view only. Materials are not available to copy, share, or use.

ATIXA Training 

Steven Carroll, carrolls@abadiadetortoreos.com, Training: Civil Rights Investigator Four: Advanced Interviewing Skills and Strategies, July 28-29, 2020 11:00am - 6:00pm ET

Carrie Tsosie Jim, tsosiejimc@abadiadetortoreos.com, Training, Title IX Hearing Officer & Decision-Maker Courses, Fridays in September (11, 18, 25, 2020) | 11:00 am-3:00 pm ET All Days

Stacey Allen, allens@abadiadetortoreos.com, Training: ADA/504 Coordinator, August 10, 2021, 11:00 am - 6:00 pm ET

Melissa Johnson, johnsonmel@abadiadetortoreos.com, Training: Civil Rights Investigator One: Foundations, June 9-10, 2022: 11:00 am - 6:00 pm ET

Stacey Allen, allens@abadiadetortoreos.com, for the following training: Title IX Coordinator Four: Advocacy, Prevention, and Trauma, July 19-20, 2022: 11:00 am - 6:00 pm ET, and 3. DEI Practitioner One: Foundations, May 24 & 25, 2022, 11:00 am - 6:00 pm ET.

Mark Norwood, norwoodm@abadiadetortoreos.com, Training: Civil Rights Investigator One: Foundations, September 21-22, 2023, 11:00 am - 6:00 pm ET.

Yolanda Benally, benallyy@abadiadetortoreos.com, Training: Title IX Coordinator One: Foundations, February 21-22, 2023, 11:00 am - 6:00 pm ET.

Karen Krob, krobk@abadiadetortoreos.com, Training: Title IX Decision-Making for Higher Education, May 22, 2024, 11:00 am -6:00 pm ET

Karen Krob, krobk@abadiadetortoreos.com, Training: Title IX Live Hearings for Higher Education, May 23, 2024, 11:00 am -6:00 pm ET

TrainED Solultions

San Juan College

Hearing Panel Training, February 9, 2021, 1:00 pm-2:00 pm MST

Hearing Panel Training, May 14, 2024, 1:30 pm -2:30 pm MST.

Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964 was the first comprehensive federal law to prohibit gender-based discrimination against students and employees of educational institutions. It is one of several federal and state antidiscrimination laws that define and ensure equality in education. The regulations implementing Title IX, published in 1975, prohibit discrimination, exclusion, denial, limitation, or separation based on gender. Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

There are other laws that also protect students and employees from sex discrimination, including Title VII of the Civil Rights Act of 1964.

No. Title IX addresses any discrimination based on gender. This includes sexual harassment, sexual assault and pregnancy discrimination as forms of sex/gender discrimination. This requires that all of these sorts of incidents, in programs, activities and employment at SJC, be viewed as discrimination and will be investigated.

There are several staff, faculty members and administrators at SJC trained to address complaints of sex discrimination. SJC’s Title IX Coordinator oversees compliance with all Title IX related matters, including the handling of complaints.

• Stacey Allen, Assistant Director of Human Resources, Title IX Coordinator, (505) 566-3515, allens@abadiadetortoreos.com 
• Mark Norwood, Employee Relations Specialist, (505) 566-4413, norwoodm@abadiadetortoreos.com  
• Kenny Hibner, Director, Department of Public Safety, (505) 566-3050, hibnerk@abadiadetortoreos.com

Title IX of the Education Amendments of 1972 is a federal law that protects people from sex-based discrimination in education programs and activities that receive federal funding. This includes students, faculty, and staff of all genders, regardless of their perceived or actual sex, gender identity, or gender expression. Title IX protects against discrimination, harassment, and violence based on sex, including sexual violence and sex-based harassment.

Depending on the particular circumstances, discrimination, harassment or assault may include, but is not limited to, the following:

• Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature.
• Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or sexual conduct.
• Retaliation for refusing sexual conduct such as: taking a negative employment action like termination, demotion, denial of an employee benefit or privilege, or change in working conditions, or negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual’s job or academic work more difficult.
• The use or display in the classroom or workplace of electronic or hard copy pornographic or sexually harassing materials like posters, photos, cartoons or graffiti without pedagogical justification.
• Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person’s sexuality or sexual experience. Such conduct creates a hostile and/or abusive educational or working environment.

Yes. Title IX prohibits harassing conduct that is of a sexual nature if it is unwelcome and denies or limits a student’s ability to participate in or benefit from a school’s program, regardless of whether the harassment is aimed at gay or lesbian students or is perpetrated by individuals of the same or opposite sex. Title IX does not permit discrimination or other issues related to sexual orientation.

Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.

Yes, if the incident has sufficient ties to SJC (locations, events, or circumstances where San Juan College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by the San Juan College), then SJC will investigate a formal complaint filed and provide resolution.

You should speak up. The best way to stop any kind of discrimination is to speak up. You can contact the Title IX Coordinator.

Do not contact the complainant. You may immediately want to contact someone in the campus community who can act as an advisor. You may also contact the Title IX Coordinator, who can explain the college’s procedures for dealing with sexual misconduct complaints. You may also want to talk to a confidential counselor at the College counseling center.

The privacy of all parties to a complaint of misconduct must be strictly observed, except insofar as it interferes with the college’s obligation to fully investigate allegations of misconduct. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. Certain college administrators are informed on a confidential basis (e.g., the President of the College, Director of Public Safety, VP of Student Services). If the report is one of alleged sexual misconduct local police will be notified. This does not mean charges will be automatically filed or that a complainant must speak with the police, but the College is legally required to notify law enforcement authorities. Dissemination of any information to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the complainant or the alleged student may lead to conduct action by the College. In all complaints of sexual misconduct, the complainant will be informed of the outcome. The College also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Yes, if you want formal action to be taken against the alleged respondent. No, if you choose to respond informally and do not file a formal complaint (but you should consult the complete confidentiality policy to better understand the college’s legal obligations depending on what information you share with different college officials).

Whether you are the complainant or the alleged respondent, the College’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. College officials will directly inform parents when requested to do so by a student, in certain instances when health or safety emergencies exist, or if the college determines such communication is necessary. For those students under the age of 18 the College is required to contact their parents in the event their health, safety or well-being has been jeopardized while on College property.