Menlo College (“Menlo” or “College”) prohibits any form of discrimination and harassment on the basis of sex, race, color, age, religion, national or ethnic origin, sexual orientation, gender identity or expression, pregnancy, marital or family status, medical condition, genetic information, veteran status, or disability in any decision regarding admissions, employment, or participation in a College program or activity in accordance with the letter and spirit of federal, state, and local non-discrimination and equal opportunity laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, The Age and Discrimination in Employment Act, The Americans with Disabilities Act and ADA Amendments Act, The Equal Pay Act, and various California statutes including relevant California Education Codes.
Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Menlo College is committed to the principles of equal opportunity and seeks to establish and maintain an environment which ensures equal access to education for all College community members including students, applicants for admission, employees, applicants for employment, guests, and visitors. Menlo College does not discriminate on the basis of sex in any educational program or activity operated by the College including, but not limited to, admissions, employment, recruitment, compensation, and athletics as well as access to housing and facilities, classes and schools, counseling, employment assistance to students, health and insurance benefits and services, and fringe benefits. Menlo College is required by Title IX and the regulations thereunder not to discriminate in such a manner.
Menlo College also complies with California State law, specifically Senate Bill 493 which took effect on January 1, 2022, and is committed to the ideal that “all persons, regardless of their sex, should enjoy freedom from discrimination of any kind” in educational institutions.
The Title IX Coordinators are responsible for ensuring institutional compliance with federal laws and regulations, in particular, Title IX; the Clery Act (to ensure disclosure of crime reporting and statistics), related state laws and Menlo College’s policy and procedures pertinent to sexual misconduct, harassment, discrimination and retaliation.
For additional information or inquiries about the application of Title IX and the regulations thereunder, contact Menlo College’s Title IX Coordinators and/or the Assistant Secretary of the United States Department of Education.
We encourage students or staff experiencing any concerns related to discrimination based on sex or gender, harassment, and/or sexual misconduct to contact a Title IX Coordinator for assistance.
Associate Director, Human Resources
(650) 543-3940
cmcgrew@menlo.edu
Menlo College 1000 El Camino Real Atherton, CA 94027
Director of Student Engagement & Belonging
(650) 543-3767
lashonda.kennedy@menlo.edu
Athletics Business Manager/Director
(650) 543-3852
alexa.daines@menlo.edu
Individuals also have the right to file complaints regarding discrimination and/or retaliation with the Office for Civil Rights (OCR) at the U.S. Department of Education. To learn more about OCR investigations, proceed to the U.S. Department of Education OCR Webpage.
The contact information for the United States Department of Education, Office for Civil Rights regional office is as follows:
Office for Civil Rights San Francisco Office U.S. Department of Education 50 United Nations Plaza San Francisco, CA 94102 Telephone: (415) 486-5555 Facsimile: (415) 486-5570 Email: OCR.SanFrancisco@ed.gov
Complaints with the Office for Civil Rights must be filed within one hundred eighty (180) days of the last act that the complainant believes was discriminatory. There is no time limit for making a report to Menlo College. You can find OCR complaint forms at: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
In case of emergency, call 911.
Menlo College encourages individuals with knowledge or concerns of an incident of sex discrimination, sexual misconduct, or sexual harassment to report the incident to a Title IX Coordinator.
In accordance with the Menlo College Sexual Misconduct and Sexual Harassment Policy, any person may report an incident of sex discrimination, sexual misconduct, or sexual harassment to a Title IX Coordinator. The reporting party may be the person directly affected by the alleged incident (referred to as “complainant”) or a third party.
Reports may be made in person, by mail, by telephone, by email, or any other means that result in the Title IX Coordinators receiving a person’s written or verbal report. Individuals may also download and submit the Incident Report Form by email, mail, or in-person to the Title IX Coordinators.
Reports may be made at any time, including during non-business hours, by using the telephone number or email address or by mail to the office address listed for the Title IX Coordinators.
When the Title IX Coordinators receive a report (either written or oral) of sexual misconduct or sexual harassment, they will contact the complainant to provide supportive measures.
Grievance procedures pertaining to incidents of Sexual Misconduct & Sexual Harassment are contained in the Menlo College Sexual Misconduct & Sexual Harassment Policy.
As stated in the Menlo College Sexual Misconduct and Sexual Harassment Policy, a Title IX Coordinator will conduct a preliminary assessment of reports of sex discrimination, sexual harassment, and sexual misconduct. After the preliminary assessment, a complainant may decide to proceed with a formal investigation and grievance process.
Complainants alleging sexual harassment under Title IX may file a formal complaint to proceed with Process A: Title IX Formal Complaint & Grievance Process, whereas complainants alleging sexual misconduct may initiate Process B: Sexual Misconduct Complaint Resolution Process. Both processes are outlined in detail in the Menlo College Sexual Misconduct and Sexual Harassment Policy, and complainants are encouraged to refer to the Preliminary Assessment information in Section V.A. of the Policy and/or contact the Title IX Coordinators for clarification.
What is a Formal Complaint under Title IX and How do I file it?
Formal complaints of sexual harassment under Title IX may be submitted in person, by mail, or by email to a Title IX Coordinator whose contact information is listed above. The formal complaint contains the complainant’s physical or digital signature or otherwise indicates that the complainant is the person filing the complaint. A formal complaint alleges sexual harassment against a respondent and requests that Menlo College investigate the allegation of sexual harassment. Therefore, submitting a formal complaint indicates an intentional decision on behalf of the complainant to initiate the Title IX grievance process. There is no time limit on a complainant’s decision to file a formal complaint, however, at the time of filing a formal complaint the complainant must be participating in or attempting to participate in a Menlo College education program or activity.
After a formal complaint of sexual harassment under Title IX has been filed, Process A: Title IX Formal Complaint & Grievance Process will begin. This grievance process consists of the following stages:
• Written Notice • Investigation • Hearing Process • Written Determination Regarding Responsibility • Appeals Process
Informal Resolution may also be an option in this process, depending upon various factors.
Incidents of sexual misconduct, which do not fall under Title IX but are still subject to the Menlo College Sexual Misconduct & Sexual Harassment Policy, will be addressed under Process B: Sexual Misconduct Complaint Resolution Process. This complaint process consists of the following states:
• Compliance Committee • Written Notice • Investigation • Formal Resolution of Complaint • Determination of Responsibility • Appeals Process
The Title IX grievance procedures and the sexual misconduct complaint resolution process are very detailed. If you have any questions about either process, please contact the Title IX Coordinators for clarification.
In compliance with 34 CFR §106.45(b)(10)(i)(D) issued by the United States Department of Education under Title IX of the Educational Amendments Act of 1972, Menlo College has made publicly available the training materials used to train the College’s Title IX personnel.
Menlo College’s Title IX Coordinators completed their training during 2023. To view our Title IX personnel’s Certificates of Completion, contact the Title IX Coordinators.
Menlo College has made the Title IX training program materials publicly available. To view the training program materials, contact the Title IX Coordinators.
These materials are the exclusive property of Title IX Solutions, LLC. All rights reserved, ©2023. The publishing of these materials on this website is authorized by Title IX Solutions, LLC solely for use by this institution in compliance with Regulation 34 CFR §106.45(b)(10)(i)(D). No other use or dissemination by this institution or any third party is authorized without the prior written consent of Title IX Solutions, LLC.
The information and materials provided during this program were for educational purposes only and not intended to be legal advice. Attendees should seek independent legal advice concerning the issues presented.
1. What is Title IX and what does it prohibit?
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities.
Although it is the application of Title IX and equal access to athletics that has gained the greatest public visibility, the law applies to every aspect of education, including course offerings, counseling, financial assistance, student health and insurance benefits and/or other services, housing, marital and parental status of students, physical education and athletics, education programs and activities, and employment.
2. If I have questions about a sexual misconduct incident, who should I talk to?
If you prefer to preserve your right to confidentiality and speak to someone in confidence about an incident, contact the one of the Confidential Resources referenced in the Menlo College Sexual Misconduct & Sexual Harassment Policy.
If you have questions about the Title IX policy and procedures, the Title IX Coordinators can assist you. Please be aware that reporting a specific incident to most Menlo College employees (other than a Confidential Resource such as a mental health counselor) may obligate that person to tell someone about your report.
3. Can I file an anonymous Title IX complaint?
Reports of sex discrimination, sexual harassment, and sexual misconduct can be submitted anonymously, which will then be reviewed by the Title IX Coordinators.
If a report or complaint is submitted by an unnamed third party and contains the identity of the complainant, the Title IX Coordinators will contact the complainant to inquire about the incident, offer safety or support measures and explain the process for filing a formal complaint. If a report does not contain the name of the complainant, the College will be unable to contact the complainant and offer supportive measures. The Title IX Coordinators will keep confidential the identities of the complainant and respondent (and witnesses) from anyone not involved in the grievance process, except as permitted by FERPA, required by law, or as necessary to conduct the grievance process.
Fundamental fairness and due process principles require that a respondent be informed of the details of the allegations made against them, to the extent that the details are known, to provide an adequate opportunity for the respondent to respond. This means that formal complaints under Title IX contain the complainant’s identity. Therefore, a complainant cannot remain anonymous and file a formal complaint under Title IX.
4. What safety measures and/or accommodations are available to me if I report a Title IX related incident?
Upon receiving a report, complaint, or formal complaint of an alleged incident of sex discrimination, sexual misconduct or sexual harassment, a Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant and respondent without unreasonably burdening the other party.
Supportive measures are designed to:
• Restore or preserve equal access to the party’s education at the College; • Protect the safety of all parties or the College’s educational environment; or • Deter sexual harassment.
Menlo College provides both on- and off-campus resources and services to the parties. Supportive measures include, but are not limited to:
• Counseling services • Extensions of deadlines or other course-related adjustments • Modifications of work or class schedules • Campus escort services • Mutual restrictions on contact between the parties • Changes in work or housing locations • Leaves of absence • Increased security and monitoring of certain areas of the campus • Placing an employee on paid or unpaid administrative leave • Removing a student from campus housing and/or current classes • Other similar measures as necessary
The complainant will have the opportunity to express what they would like in the form of supportive measures, and the Title IX Coordinator will consider the complainant’s wishes in determining which supportive measures to offer. Supportive measures will be available to complainants regardless of whether or not they wish to file a formal complaint to initiate a grievance process or complaint to initiate the College’s complaint resolution procedures. Supportive measures are described in greater detail in the Menlo College Sexual Misconduct and Sexual Harassment Policy.
5. What happens after an investigation is completed?
Menlo College is obligated to investigate formal complaints of sexual harassment. After the investigation is complete, the Title IX investigator will provide the parties and their advisors an equal opportunity to inspect and review all evidence gathered during the investigation that is directly related to the allegations raised in the formal complaint. The parties will have ten (10) days to submit a written response regarding the investigation evidence. The investigator will consider the parties’ responses prior to completion of the investigative report.
The Title IX Investigator will then complete an investigative report that fairly summarizes relevant evidence, which will then be shared with the parties and their advisors at least ten days prior to the live hearing.
6. Can I have someone with me through the proceedings?
Yes. All parties are entitled to an advisor of their choosing to assist them through the Title IX grievance process. The advisor may be a friend, counselor, family member, faculty member, attorney, or any other individual a party chooses to advise them who is eligible and available to serve during the grievance process. Any person who may be called as a witness may not serve as an advisor. The advisor is present solely for support and is not allowed to actively participate in the investigation, meetings or proceedings. All advisors are subject to the guidelines established in the Title IX Grievance Process.
During Process A: Title IX Formal Complaint & Grievance Process, parties are required to have an advisor present at the live hearing. If a party does not have an advisor available to be present at the live hearing, the College will provide the party with an advisor of the College’s choice in the College’s sole discretion, who may or may not be an attorney.
The College cannot guarantee equal advisory rights. Consequently, if one party selects an advisor who is an attorney but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney or other advisor, except at the hearing. The College is not required to provide an attorney as an advisor at the hearing.
