Title IX

Nikol Nolan
Executive Vice President
Co-Title IX Coordinator
Student Union
nikol.nolan@colbycc.edu
785.460.5490

Kayla Williams
Director of Human Resources
Co-Title IX Coordinator
Thomas Hall
hr@colbycc.edu
785.460.5506

Consent goes to the heart of Title IX violations and violations of Colby Community College policy.

Remember the Title IX formula: sex - consent = rape/sexual assault.

Consent is defined as follows:

• knowing, and
• voluntary, and
• clear permission
• by word or action
• to engage in sexual activity.

Learn more:

What is the difference between sexual assault, consent and sexual harassment?

View the videos below on what consent means:

• What is Consent  
• USC Mandates Sex Training for "Affirmative Consent" 
• Consent Explained: What Is It? 

It is also important to understand what is NOT consent:

• Sex Education: Coercion Is Not Consent 
• Coercive Sex is NOT Consensual Sex! 
• Enthusiastic Consent! 

Video Resources:

What Is Sexual Assault?

What Is Sexual Harassment? 

Sexual Abuse Can Happen to Anyone 

What is the difference between sexual assault, consent and sexual harassment? 

How Do You Know If Someone Wants to Have Sex With You 

When Someone Doesn’t Want to Have Sex: What is Consent?  

It’s Illogical: The Wedding Caterer 

It’s Illogical: The Hardware Store 

It’s Illogical: The Art Gallery  

If a Robbery Report Was Treated Like a Rape 

Surviving Rape

Read the entire Civil Rights Equity which includes Title IX Policy.

How does Colby Community College protect against violations of these laws?

• Colby Community College sets out the protected categories and makes them part of CCC policy
• All employees (staff and faculty) and students are required to follow this policy as a condition of their employment and enrollment
• Colby Community College has processes for addressing violations of this policy:
• The policy is on the Colby Community College website for all to read
• Colby Community College has a Title IX Coordinator to receive complaints, and manage the investigation and adjudicatory processes
• Colby Community College offers online Title IX training to all students
• Colby Community College requires certain face-to-face students to complete online Title IX training
• Colby Community College requires annual Title IX training of all employees
• The Title IX Coordinator is available to all employees and all students to help resolve issues before they become major complaints, as well as receive formal complaints
• Colby Community College works with local rape crisis centers so they can provide advocacy services to our employees and students

Colby Community College policy prohibits discrimination on the basis of the following characteristics:

• Religion
• Race
• Personal appearance
• Color
• Sex
• Pregnancy
• Political affiliation
• Source of income
• Place of business
• Residence
• Religion
• Creed
• Ethnicity
• National origin (including ancestry)
• Citizenship status
• Physical or mental disability (including perceived disability)
• Age
• Marital status
• Family responsibilities
• Sexual orientation
• Gender identity
• Gender expression
• Height
• Weight
• Predisposing genetic characteristics
• Veteran or military status (including disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, and Armed Forces Service Medal veteran)
• or any other protected category under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any grievance process on campus, with the Equal Employment Opportunity Commission, or other human rights agencies.

Other Policies

Student Code of Conduct 
Student Handbook 
Colby Community College Housing Handbook 

What happens after a report is made? 

• The Title IX Coordinator will attempt to interview the complainant (the person who was allegedly harmed)
• Supportive measures will be offered to the complainant
• The complainant can choose to file a formal complaint, which may start an investigation.
• Notice of Investigation and Allegations will be sent to all parties, and an investigation will begin.
• Colby Community College is required to dismiss a formal complaint in some circumstances.
• Colby Community College may dismiss a formal complaint in other circumstances.           
• In some circumstances, the parties can agree to Informal Resolution (IR), if appropriate.
• Informal Resolution (IR) is appropriate when the Respondent accepts some degree of responsibility for causing the harm.
• Informal Resolution is 100% voluntary, and either party can opt out of IR at any time prior to signing a written resolution agreement.
• If either or both parties opt out before resolution, the investigation and hearing will continue.
• The parties get one try only at IR. 

Colby Community College has two separate processes to administer Title IX and other Civil Rights equity complaints.

Process A 

Process B 

This is the process required by the Department of Education in new rules effective August 14, 2020, in cases of sexual harassment involving:

• Process A applies only to qualifying allegations of sexual harassment, including
• unwelcome conduct constituting sexual harassment
• sexual assault,
• dating violence,
• domestic violence, and
• stalking, as defined above)
• involving students, staff, administrator, or faculty members.

Under Process A, the parties can choose Informal Resolution (IR), if appropriate.

• IR is appropriate when the Respondent accepts some degree of responsibility for causing the harm.
• IR is 100% voluntary, and either party can opt out of IR at any time prior to signing a written resolution agreement.
• If either or both parties opt out before resolution, the investigation and hearing will continue.

Process B

• Process B applies to the remainder of Title IX and Civil Rights allegations, such as discrimination based on race, age, pregnancy, etc.  The remainder of Title IX includes, but is not limited to, the following:
• Retaliation – especially if someone reported violations
• Some forms of sexually-based bullying
• The remainder of Title IX includes sexual exploitation, which can include:
• Invasion of sexual privacy, and going beyond the bounds of consent (Example: secretly letting your friend hide in the closet and watch you having consensual sex with someone
• Recording, photographing, sharing, or disseminating nude, sexual and/or private images without the consent of the other party(s)
• Knowingly or recklessly exposing someone to or transmitting an STI/STD or HIV to another
• Knowingly or recklessly exposing your genitals or inducing another to expose their genitals
• Nonconsensual sexting—may be a felony under federal and/or state law.  If with a minor, sexting may be considered child pornography.
• Voyeurism—non-consensually watching private or intimate acts of another
• Sex trafficking or prostituting another

Students

All Colby Community College students are offered Title IX training annually.  Some students on the Colby Community College campus are required to complete Title IX training through Vector Solutions/Safe Colleges.  These include athletes, student employees, and first-year students.

Employees

Every employee is required to complete Title IX training annually through Vector Solutions/Safe Colleges.  Also, except for the nurse and mental health counselor, every employee is considered a mandatory reporter

Title IX Team Training

Effective August 14, 2020, the U.S. Department of Education issued new regulations which can be found at 34 CFR Part 106.4(b)(10).  Among these is the requirement that each school post copies of materials used to train those people who are part of the Title IX process.  Colby Community College will comply as those trainings occur on or after August 14, 2020.  Barton’s investigators and Title IX Coordinator and Deputy Coordinators have received training from Atixa prior to August 14, 2020.

Supportive Measures and Resources

• Colby Community College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.
• Supportive measures are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties. These are meant to restore or preserve access to CCC’s education program or activity, including measures designed to protect the safety of all parties or CCC’s educational environment, and/or deter harassment, discrimination, and/or retaliation.
• The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint.
• At the time that supportive measures are offered, Colby Community College will inform the Complainant, in writing, that they may file a formal complaint with CCC either at that time or in the future, if they have not done so already.
• The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
• Colby Community College will maintain the privacy of the supportive measures as much as possible, as long as privacy does not impair CCC’s ability to provide the supportive measures.
•  Colby Community College will act to ensure as minimal an academic/occupational impact on the parties as possible.
• Colby Community College will implement measures in a way that does not unreasonably burden the other party.
•  These actions may include, but are not limited to:
• Referral to counseling, medical, and/or other healthcare services
• Referral to community-based service providers
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees and student-employees
• Safety planning
• Providing campus safety escorts
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely Warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus June 2020 version.
• Any other actions deemed appropriate by the Title IX Coordinator

Colby Community College Campus Resources

• Title IX Coordinator, Nikol Nolan – 785.460.5490
• Director of Campus Security, AJ Cornett-785.460.5508
• Counselor, Brooke Jones-785.460.5439
• Counselor, Mark Carlton-785.460.4713
• Director of Student Health, Chrissy Summers-785.460.5502

Community Resources

Thomas County Health Department
350 S Range Avenue
Colby, KS 67701
785.460.4596

Citizens Medical Center
Hospital, Emergency, Outpatient and Medical Services
100 E College Drive
Colby, KS 67701
785.462.7511
https://www.cmciks.com/

• You are entitled to temporary disability reasonable accommodations as a result of temporary diagnosed medical conditions of your pregnancy.
• Documentation from your medical provider is required.
• Accommodations might include, but are not limited to, academic adjustments, special services, the right to excused absence or leaves of absence when medically necessary, the ability to make up missed work, and the right to be protected from pregnancy harassment, and special seating to accommodate pregnancy.
• If, for example, you are put on bed rest for the two months prior to delivery, you may need to take a leave of absence unless the faculty are able to accommodate remote learning for all courses during that time period without a fundamental course alteration or an undue hardship.   Disability services staff would need to work on this with you and the faculty. The student who takes the leave of absence must be allowed to return to the institution at the same place they left off without academic or financial penalty. That can be accomplished a variety of different ways depending upon the academic program and point in the term when the leave takes place.
• To request temporary medical academic accommodations or adjustments due to medically diagnosed conditions of pregnancy, please contact Colby Community College Disability Services
• If you have a complaint about accommodations, please contact Nikol Nolan, the Title IX Coordinator at 785.460.5490 or title9@colbycc.edu 
• Complaints are resolved in accordance with Colby Community College Civil Rights Equity Policy,
• Review Colby Community College’s Complaint Policy for students to file complaints of sex discrimination, including pregnancy-related complaints.

For more information, pregnant students can also visit:                  

• The Pregnant Scholar  
• U.S. Department of Education Office for Civil Rights Pregnancy Fact Resource of October 2022 
• U.S. Department of Education Publication: Supporting the Academic Success of Pregnant and Parenting Students 

If you (student or employee) require a lactation room in which to nurse or pump, please contact Nikol Nolan at 785.460.5490.

Pregnant Employees are covered by the Pregnant Workers Fairness Act beginning June 27, 2023, and by Title IX

• Pregnant Workers Fairness Act (PWFA)      
• Implemented and enforced by the EEOC. If an applicant or employee believes they have been denied a reasonable accommodation for pregnancy, childbirth, or related medical conditions, they can contact Barton’s Title IX Coordinator, or the agency at 800-669-4000 (ASL videophone 844-234-5122), or visit the website for more information on how to file a charge of discrimination. 
• The EEOC issued a “Final Rule” to implement the PWFA, EFFECTIVE June 18, 2024. Visit www.federalregister.gov for more information. 
• What You Should Know About the Pregnant Workers Fairness Act 
• Know Your Rights Video 
• Tips for Asking for Reasonable Accommodations 
• Pregnant employees should contact Human Resources Director Kayla Williams at hr@colbycc.edu.

U.S. Department of Health and Human Services has an office on Women’s Health. Visit WomensHealth.gov for resources for Nursing Moms at Work.

Title IX requires gender equity in athletics. 

• This means Colby Community College must provide equal athletic opportunities for members of both sexes, and provide them equal benefits, opportunities and treatment. This includes equipment and supplies, game and practice times, travel allowances, coaching, locker rooms, assignment and compensation of coaches, practice and competitive facilities, and publicity.
• Colby Community College must provide information annually to the federal government about all of these areas. Check out the Equity in Athletics Data Analysis for more information. 

Please call the Colby Police Department at (785) 460-4460.

For immediate assistance, call 911.

Students
Vice President of Student Affairs
Colby Community College
1255 South Range Ave.
Colby, KS 67701
(785)460-5490
title9@colbycc.edu

Employees
Human Resources Office
Thomas Hall
(785) 460-5406
hr@colbycc.edu

Title IX, the Violence Against Women Act, and the Clery Act require Title IX staff to be trained annually. 

Webinar Slides (PDF)

 Title IX Training (Summer 2024) 

Title IX: Sexual Harassment Response (Fall 2023)

Title IX: Sexual Harassment Response (Fall 2022)

Advanced Title IX Training: Participants in Policy Processes (Summer 2022)

Title IX: How to Conduct Proper Interviews and Questioning Techniques (4/29/21)

Husch Blackwell Title IX Sexual Harassment Response -- Advanced Course (3/25/21)

New Title IX Regulations Checklist (2/26/21)

Husch Blackwell Title IX Sexual Harassment Response OCR Series (9/11/20)

New Title IX Regulations (6/10/20)

OCR Video Series (7/27/20)

How to Report Sexual Harassment Under Title IX

Conducting and Adjudicating Title IX Hearings

The First Amendment and Title IX