Eastern Arizona College does not discriminate on the basis of sex in employment or education, except as permitted by law. The College adheres to Title IX of the Education Amendments of 1972 (Title IX), a federal law that protects students and employees.

File a Complaint Contact Title IX Coordinator Grievance Process FAQ

Get Help Now
Immediate Steps
Step 1

Get to a Safe Place

Within 24 Hours
At Any Time
Step 1

Report the Incident

Reporting

To report an incident:

  1. Submit the form online, in person, or with the Title IX Coordinator.
  2. Contact the EA Title IX Coordinator or the appropriate federal or state agency
  3. Choose to participate in the investigation or not.

File a Complaint Contact Title IX Coordinator

A person may file a complaint with the appropriate federal, state, or local agency within the time frame required by law. Depending on the nature of the complaint, the appropriate agency may be:

  • U.S. Department of Education Office for Civil Rights
  • Department of Justice
  • Equal Opportunity Commission
  • Other appropriate federal or state agency

Title IX Coordinator

Laurie Pennington
Director of Enterprise Risk Management

Student Services Building – 2nd Floor, Room 251
615 N. Stadium Avenue
Thatcher, Arizona 85552-0769

What Title IX Covers

As a recipient of federal financial assistance for education activities, Eastern Arizona College is required and adheres to all federal, state, and local civil rights laws prohibiting sex discrimination and sex-based harassment in employment and education. Except as permitted by the law, the College does not discriminate on the basis of sex, pregnancy, or related conditions in its:

  • Admissions Practices
  • Employment Practices
  • Educational Programs
  • Activities

Sex discrimination is prohibited under Title IX and by College Regulation, and includes:

  • Sex-based Harassment
  • Sexual Assault
  • Dating and Domestic Violence
  • Stalking
  • Quid Pro Quo Harassment
  • Hostile Environment Harassment
  • Disparate Treatment
  • Disparate Impact

The College prohibits retaliation against any person opposing sex discrimination or sex-based harassment or participating in any internal or external investigation or complaint process related to allegations of sex discrimination.

Any College faculty member, employee, or student who acts to deny, deprive, or limit the educational, employment, residential, or social access, opportunities, and/or benefits of any member of the College community on the basis of sex is in violation of the College’s Regulation 2075.01 – Procedures for Alleged Violations of the Title IX Sexual Harassment Regulations.

Your Rights Under Title IX

Under Title IX, you have a right to:

  • A non-discriminatory environment.
  • Protection from retaliation.
  • Access to reporting and support.
  • Participate in or decline investigation.

Get Help Now

Immediate Steps

  1. Get to a safe place.
  2. Call someone you trust.
    A friend, family member, or victim advocate are good resources. You do not have to go through this alone.
  3. Preserve physical evidence.
    If at all possible, do not shower until you have considered a sexual assault examination, save the clothes you were wearing in a paper or cloth bag, take photos of any damage or injury, and keep communication records.

Within 24 Hours

  1. Get medical attention.
    A medical provider can check and treat physical injury, sexually transmitted infections, and pregnancy. You do not need to make a formal report or press charges to receive medical care.
  2. Seek counseling.
    You may want to turn to a confidential advocate or counselor for support and advice. They will talk with you about your options for additional support services and reporting.

At Any Time

  1. Report the incident.
    You are encouraged to report what happened to both the police and one of the Title IX Officers. You can decide how much you want to participate in any investigation process.
  2. Access campus support.
    Eastern Arizona College can help through campus resources, like the Dean of Students Office, with changes to your housing, classes, work, and more. You do not need to make a formal report or press charges to receive help from EA.

Risk Reduction Tips

To protect yourself and your friends from incidents of sexual misconduct, there are preventive measures you can take:

  • Trust your instincts.
  • Make your limits known as early as possible.
  • Say “NO” clearly and firmly.
  • Be “situationally aware” by taking note of your surroundings and who is present.
  • Find someone nearby and ask for help.
  • Take responsibility for your alcohol and other drug intake, and acknowledge that these substances can lower your inhibitions and increase your vulnerability.
  • Walk with others.
  • Lock doors and windows in your car and living space.
  • Take care of your friends and ask that they take care of you.
  • NEVER blame yourself if an act of sexual or relationship violence occurs. The only person responsible in that situation is the perpetrator.

Bystander Intervention

Don’t just hope that someone else will step in. You have the ability to stop a terrible, life-altering situation. Be part of the solution by being a proactive bystander who helps prevent cases of sexual misconduct or by being a reactive bystander who positively intervenes in instances of sexual misconduct.


Grievance Policies and Procedures

For a complete copy of procedures for alleged Title IX violations, visit the College’s Regulation 2075.01 – Procedures for Alleged Violations of the Title IX Sexual Harassment Regulations.

Title IX Procedure Policy

For alleged violations of civil rights not covered by Title IX Sexual Harassment Regulations, follow the procedures outlined in the College’s Regulation 2075.02.

Non-Title IX Civil Rights Violations Procedures

Within any Title IX-related resolution process, the College provides reasonable accommodations to persons with disabilities and religious accommodations when those accommodations are consistent with federal and state law.

Frequently Asked Questions

This resource was developed January 2021 by ATIXA to help students and employees understand and navigate the College’s Title IX grievance process. Not legal advice. Not training materials. EA has purchased the ATIXA Title IX Toolkit  and has a limited license to modify and use the materials in the Toolkit for institutional use in complying with Title IX. Contact ATIXA with any questions about use.
Complaint
  • How does a Complainant initiate the process?
    To initiate the process, file a complaint either
    • in person
    • online through the College’s website
    • with the Title IX Coordinator
  • What happens after a Complainant files a complaint?
    Once the Title IX Coordinator receives a complaint:
    1. The Title IX Coordinator will reach out to the Complainant to offer supportive measures.
    2. The Title IX Coordinator will ensure that the complaint is filed with the appropriate process or referred to the appropriate process.
    3. The Title IX Coordinator will determine whether emergency removal of the Respondent is necessary.
    4. The Title IX Coordinator will notify the Respondent of the complaint, in writing, also copying the Complainant.
    5. The Title IX Coordinator will notify each party of their rights, including the right to an Advisor of their choice in the process.
    6. The Title IX Coordinator will initiate an investigation, if appropriate.
  • Can a Complainant withdraw the complaint?
    Yes, there are procedures in place for the Complainant to request to withdraw a complaint, in whole or in part.
    Contact the Title IX Coordinator or more information.
Resignation or Withdrawal
  • If a Respondent receives notice of a complaint, can they withdraw as a student or resign as an employee?

    Yes, and if that happens, the resolution process ends, as the College no longer has disciplinary jurisdiction over the withdrawn student or resigned employee.

    However, a student who withdraws or leaves while the process is pending may not be permitted to return to the College. Such exclusion applies to all Eastern Arizona College campuses. A hold will be placed on their ability to be readmitted. They may also be barred from College property and/or events.

    Employees who resign with unresolved allegations pending are not eligible for rehire with the College, and the records retained by the Title IX Coordinator will reflect that status. All college responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

Investigation
  • What is involved in the investigation?

    If you are a party or a witness, the College will contact you to schedule an investigation interview with the neutral, impartial Investigator(s). The parties can prepare for the interview with their Advisor in advance if they wish. There is no need to prepare a written statement in advance.

    The Investigator(s) will take a statement from each interviewee during the interview. Interviewees don’t have to answer every question, but they should try to remember as much as possible and provide complete answers. Interviewees should bring any evidence they have (texts, snaps, physical evidence, videos, etc.) to the interview.

    Each party may also be accompanied by an Advisor at the interview (witnesses cannot have an Advisor), so they may want to choose an Advisor before being interviewed. Parties who wish to have a trained Advisor appointed by the College should contact the Title IX Coordinator, who will assign an Advisor.

    Parties and witnesses may be interviewed more than once. Interviews may take place in person or may be conducted remotely. Most interviews last approximately one hour, though some can be longer or shorter.

  • If I am a party to the complaint (Complainant or Respondent), do I have to participate in the investigation?
    No, you are not required to participate, but the College hopes that the parties and witnesses will be willing to share what they know, to ensure the investigation is as thorough and accurate as possible.
  • What happens after an interview?
    1. The Investigator(s) will compile their notes or transcribe the recording of the interview into a statement for the interviewee to review and verify, to ensure accuracy.
    2. Each interviewee will receive a message inviting them to do so and will be provided instructions regarding making any edits or changes.
    3. After signing the statement and returning it to the Investigator(s), the statement will be included in the investigation report.
  • What happens next?
    1. Once the Investigator(s) complete a draft of the investigation report, a copy will be provided to each party and their Advisor. Any evidence excluded from the report as not relevant will be provided in a separate file.
    2. The parties will have ten (10) business days to review and comment on the report and evidence file to ensure the report is complete and accurate.
    3. The Investigator will explain the process by which your review and comment is solicited and incorporated.
    4. The investigator(s) will then issue a final report (and final evidence file), providing copies to the parties and Advisors.
    5. The report will then be referred for a hearing.
Hearings
  • How soon does the hearing occur?
    It depends on schedules, but the hearing typically does not occur for at least ten (10) business days after the final investigation report is shared with the parties. This provides adequate time to prepare for the hearing and also allows the parties and their Advisors to review and comment further, if they wish. The hearing Decision-maker may facilitate a pre-hearing opportunity specifically for this purpose, or the parties may review and submit comments at the hearing.
  • Are the parties and witnesses required to attend the hearing?
    No, but if any party or witness does not attend, none of their prior statements to the Investigator(s) will be relied upon by the hearing Decision-maker.
  • Are the parties and witnesses required to answer questions at the hearing?
    No, but if any party or witness refuses to submit to cross-examination at the hearing, none of their prior statements to the Investigator(s) or at the hearing will be relied upon by the hearing Decision Maker.
  • Can an Advisor assist at the hearing?
    Yes, parties can be assisted by their Advisor throughout the hearing. The Advisor is also expected to conduct any cross-examination of the parties or witnesses at the hearing. If a party does not have an Advisor to conduct cross-examination at the hearing and wishes to conduct cross-examination at the hearing, they must notify the Title IX Coordinator prior to the hearing. The staff will assist them in selecting an Advisor, or the Title IX Coordinator can appoint a trained advisor for the party.
  • How does the hearing work?
    The parties can make opening statements, and the Investigator(s) will also usually do so. The parties, Investigator(s), and witnesses are all questioned by the Decision-maker. The Advisors then conduct cross-examination of the parties and witnesses. The parties can then make closing statements. The Decision-maker then privately deliberates, evaluates the relevant evidence, assesses credibility, and determines by a preponderance of the evidence whether policy was violated. The parties are then informed simultaneously, in writing, of the outcome and the rationale for the decision.
  • Will each party ask the other party questions during cross-examination?
    No, the parties do not directly communicate with each other during the hearing, intentionally. All questions are either posed by the Decision-maker or proposed by a party’s Advisor as part of cross-examination. Once an Advisor suggests a question, the Decision-maker determines whether it is relevant and informs the person being questioned whether to answer it. Of course, anyone can refuse to answer a question, but the effect will be that all of that person’s statements will not be relied upon by the Decision-maker in making their determination.
  • How long will the hearing take?
    Hearings are usually at least a few hours long and may take much longer if a complaint is complex. The College tries to limit hearings to a few hours to prevent participants from becoming exhausted. If it appears more time is needed, a hearing may be held over more than one day. Breaks are also taken during the hearing, as needed. Parties and Advisors may want to have snacks and drinks available during breaks.
  • What happens after the hearing?
    After the parties are notified of the outcome, any assigned sanctions become effective unless any or all parties elect to request an appeal. All parties have the right to request an appeal. The outcome letter from the hearing Decision-maker will detail the appeal procedures.
Appeals
  • How does the appeal work?

    If any or all parties appeal, a Request for Appeal must be submitted in writing to the Title IX Coordinator within (5) days of delivery of the Notice of Outcome Letter. Once the five (5) days have passed, the matter will be deemed closed. The appeal request will be forwarded to an Appeal Chair to determine whether it meets the grounds for appeal (a Review for Standing). Appeals are limited to the following grounds:

    1. Procedural irregularity that affected the outcome of the matter.
    2. New evidence that was not reasonably available at the time determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
    3. An allegation that the Title IX Coordinator, Investigators, or Decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

    The Appeal Chair will deny any request for appeal that does not meet the grounds listed above and will notify the parties and their Advisors in writing of the denial and the rationale.

    If the grounds in the Request for Appeal meet the grounds listed above, then the Appeal Chair will notify the parties, provide the parties with five (5) business days to submit a response to the portion of the appeal that was approved and involves them; collect any information needed, and render a decision in no more than fifteen (15) business days of their decision. Then the Appeal Chair will prepare a Notice of Appeal Outcome Letter and send it to all parties simultaneously which includes the decision on each approved ground and rationale for each decision.

    All decisions by the Appeal Chair are final and may not be appealed by either party.

Contact Title IX Coordinator
Call
(928) 428-8488
E-mail
laurie.pennington@eac.edu