General College Operations Policies

The college is committed to developing instructional and support programs using processes that will include long-and-short range planning and evaluation systems in order to achieve present and projected goals.

(Reviewed only 5/17/2022)

The president shall be authorized to engage outside legal counsel to represent the interests of the District as provided by A.R.S. §11-532.11 and A.R.S. §15-1448.

(Reviewed only 5/17/2022)

• Also see: Information About Title IX  |  Report It! forms 

Policy 1102 Equal Opportunity, Harassment and Nondiscrimination​^[1]ATIXA 2020ATIXA 2020 ONE POLICY, TWO PROCEDURES MODEL. USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO NORTHLAND PIONEER COLLEGE. ALL OTHER RIGHTS RESERVED. ©2020. ATIXA.​

 

Section: 1100-College Operations Policies	Last Review Date: 2/16/2021
Responsible Area: Vice President for Learning and Student Services, Title IX Coordinator	Effective Date: 11/1/2021
Procedure(s) that relates to the policy: 2110	Revision History: List all revision dates.

 

1.0 Scope

The core purpose of this policy is the prohibition of all forms of discrimination. Sometimes, discrimination involves exclusion from activities, such as admission, athletics, or employment. Other times, discrimination takes the form of harassment or, in the case of sex-based discrimination, can encompass sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence. When an alleged violation of this anti-discrimination policy is reported, the allegations are subject to resolution using Northland Pioneer College’s “Process A” or “Process B,” as determined by the Title IX Coordinator, and as in Procedure 2110.

When the Respondent is a member of Northland Pioneer College community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the Northland Pioneer College community. This community includes, but is not limited to, students,​ student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, invitees, and campers. The procedures below may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy.

2.0 Purpose

Northland Pioneer College is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination, harassment, and retaliation. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, Northland Pioneer College has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of protected class status, and for allegations of retaliation. Northland Pioneer College values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.

3.0 Definitions

• Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.                                           
• Complaint (formal) means a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that Northland Pioneer College investigate the allegation.                                                                  
• Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).                                                                                                                           
• Day means a business day when Northland Pioneer College is in normal operation.                                  
• Education program or activity means locations, events, or circumstances where Northland Pioneer 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 Northland Pioneer College.                                                                                                                
• Final Determination: A conclusion by the standard of proof that the alleged conduct occurred and whether it did or did not violate policy.                                                                    
• Finding: A conclusion by the standard of proof that the conduct did or did not occur as alleged.                                                                                                                                      
• Formal Grievance Process means “Process A,” a method of formal resolution designated by Northland Pioneer College to address conduct that falls within the policies included below, and which complies with the requirements of 34 CFR Part 106.45.                                                      
• Grievance Process Pool includes any investigators, hearing officers, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).                                                                                                              
• Hearing Decision-maker or Panel refers to those who have decision-making and sanctioning authority within Northland Pioneer College’s Formal Grievance process.                  
• Investigator means the person or persons charged by Northland Pioneer College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.                                                                    
• Mandated Reporter means an employee of Northland Pioneer College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator and/or their supervisor.​                                                     
• Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.                                                                                                                     
• Official with Authority (OWA) means an employee of Northland Pioneer College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of Northland Pioneer College.                                      
• Parties include the Complainant(s) and Respondent(s), collectively.                                               
• Process A means the Formal Grievance Process detailed below and defined above.                                   
• Process B means the informal alternative resolution procedure.                                                      
• Recipient means a postsecondary education program that is a recipient of federal funding.           
• Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to Northland Pioneer College’s educational program.
• Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.                                                                              
• Resolution means the result of an informal or Formal Grievance Process.                                       
• Sanction means a consequence imposed by Northland Pioneer College on a Respondent who is found to have violated this policy.                                                                                       
• Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence. See Section 17.b., for greater detail.                                                                                                                                               
• Title IX Coordinator is at least one official designated by Northland Pioneer College to ensure compliance with Title IX and Northland Pioneer College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.                                                                                                  
• Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Grievance Process Pool.

4.0 Procedure

4.1 Title IX Coordinator

The Vice President for Learning and Student Services serves as the Title IX Coordinator and oversees implementation of Northland Pioneer College’s policy on equal opportunity, harassment, and nondiscrimination. The Title IX Coordinator  has the primary responsibility for coordinating Northland Pioneer 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.​^[2]EEO and ADA/504The Chief Human Resources Officer serves as the EEO and ADA/504 Coordinator, and oversees the Affirmative Action and Equal Opportunity plan as well as disability compliance.​​

4.2 Independence and Conflict-of-Interest

The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias or conflict of interest by the Title IX Coordinator, contact Northland Pioneer College president at chato.hazelbaker@npc.edu or (928) 524-7420. Concerns of bias or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.

Reports of misconduct or discrimination committed by the Title IX Coordinator should be reported to Northland Pioneer College President at chato.hazelbaker@npc.edu or (928) 524-7420 or designee. Reports of misconduct or discrimination committed by any other Title IX Team member should be reported to the Title IX Coordinator.

4.3 Administrative Contact Information

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures and about the application of Title IX, may be made internally to:

• Dr. Michael Solomonson
  Title IX Coordinator – Vice President for Learning & Student Services
  1611 S Main Street, Performing Arts Center, Rm 114
  Office of Vice President for Learning & Student Services
  Snowflake, AZ 85937
  928-536-6217
  michael.solomonson@npc.edu
  https://www.npc.edu/title-ix/title-ix-team                                                                                                                                       
• Nicole Ulibarri
  Director of Employee Relations & Staffing
  Title IX Deputy Coordinator – Employees
  EEO and ADA/504 Coordinator
  Office of Human Resources
  Tiponi Community Center, Human Resources Room 302, Painted Desert Campus, Holbrook
  (928) 524-7471
  nicole.ulibarri@npc.edu
• Josh Rogers
  Director of Student Services
  Title IX Deputy Coordinator – Students
  Office of Student Services
  Student Center, Room 109, Sliver Creek Campus, Snowflake
  (928) 536-6227
  joshua.rogers@npc.edu

Northland Pioneer College has also classified all employees as Mandated Reporters of any knowledge they have that a member of the community is experiencing harassment, discrimination, and/or retaliation. The section below on Mandated Reporting details which employees have this responsibility and their duties, accordingly.

Inquiries may be made externally to:

• Office for Civil Rights (OCR)
  U.S. Department of Education
  400 Maryland Avenue, SW
  Washington, D.C.  20202-1100
  Customer Service Hotline #: (800) 421-3481
  Facsimile: (202) 453-6012 
  TDD#: (877) 521-2172
  Email: OCR@ed.gov
  Web: http://www.ed.gov/ocr
   
• Arizona, Colorado, New Mexico, Utah, Wyoming
  Office for Civil Rights,
  Denver Office
  U.S. Department of Education
  Cesar E. Chavez Memorial Building
  1244 Speer Boulevard, Suite 310
  Denver, CO 80204-3582
  Telephone: (303) 844-5695
  Facsimile: (303) 844-4303
  Email: OCR.Denver@ed.gov

For complaints involving employees: Equal Employment Opportunity Commission (EEOC)

• Phoenix District Office
  3300 North Central Avenue
  Suite 690
  Phoenix, AZ 85012-2504
  1-800-669-4000
  https://www.eeoc.gov/field-office/phoenix/location

4.4 Notice/Complaints of Discrimination, Harassment, and/or Retaliation

Notice or complaints of discrimination, harassment, and/or retaliation may be made by any person using any of the following options:

  1) File a complaint with, or give verbal notice to, the Title IX Coordinator or deputies:

• Dr. Michael Solomonson
  Vice President for Learning and Student Services
  Title IX Coordinator
  Office of Vice President for Learning and Student Services
  Goldwater Building, Room 117, White Mountain Campus, Show Low
  (928) 532-6141
  michael.solomonson@npc.edu
  https://www.npc.edu/title-ix/title-ix-team                                                                                                                  
• Nicole Ulibarri
  Director of Employee Relations & Staffing
  Title IX Deputy Coordinator – Employees
  EEO and ADA/504 Coordinator
  Office of Human Resources
  Tiponi Community Center, Human Resources Room 302, Painted Desert Campus, Holbrook
  (928) 524-7871
  nicole.ulibarri@npc.edu
• Josh Rogers
  Director of Student Services
  Title IX Deputy Coordinator – Students
  Office of Student Services
  Student Center, Room 109, Sliver Creek Campus, Snowflake
  (928) 536-6227
  joshua.rogers@npc.edu

Such a report 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 Coordinator or any other official listed.

  2) Report online, using the reporting form posted at https://www.npc.edu/title-ix. Anonymous reports are accepted and can give rise to a need to investigate. Northland Pioneer College tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report. Because reporting carries no obligation to initiate a formal response, and as Northland Pioneer College respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows Northland Pioneer College to discuss and/or provide supportive measures. 

  3) Report to any supervisor or instructor.

A Formal Complaint means a document filed/signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that Northland Pioneer College investigate the allegation(s). A complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information in the section immediately above, or as described in this section. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by Northland Pioneer College) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint.

If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ensure that it is filed correctly.

4.5 Supportive Measures

Northland Pioneer 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 to restore or preserve access to Northland Pioneer College’s education program or activity, including measures designed to protect the safety of all parties or Northland Pioneer College’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, Northland Pioneer College will inform the Complainant, in writing, that they may file a formal complaint with Northland Pioneer College 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.

Northland Pioneer College will maintain the privacy of the supportive measures, provided that privacy does not impair Northland Pioneer College’s ability to provide the supportive measures. Northland Pioneer College will act to ensure as minimal an academic impact on the parties as possible. Northland Pioneer 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 the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation accommodations
• 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
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.

4.6 Emergency Removal

Northland Pioneer College can act to remove a Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the CARE Team using its standard objective violence risk assessment procedures.

In all cases in which an emergency removal is imposed, the student, employee, or two (2) representatives from a student organization will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so. This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions.

A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.

The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion or termination.

Northland Pioneer College will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: removing a student from a residence hall, temporarily re-assigning an employee, restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics.

At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.

4.7 Promptness

All allegations are acted upon promptly by Northland Pioneer College once it has received notice or a formal complaint. Complaints can take 60-90 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but Northland Pioneer College will avoid all undue delays within its control.

Any time the general timeframes for resolution outlined in Northland Pioneer College procedures will be delayed, Northland Pioneer College will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.

4.8 Privacy

Every effort is made by Northland Pioneer College to preserve the privacy of reports.​ Northland Pioneer College will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

Northland Pioneer College reserves the right to designate which College officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: CARE Team and Human Resources. Information will be shared as necessary with Investigators, Hearing Panel members/Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy. 

Northland Pioneer College may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so.

Confidentiality and mandated reporting are addressed more specifically in Section 17.b.19 Mandated Reporting.

4.9 Jurisdiction of Northland Pioneer College

This policy applies to the education program and activities of Northland Pioneer College, to conduct that takes place on the campus or on property owned or controlled by Northland Pioneer College, at Northland Pioneer College-sponsored events, or in buildings owned or controlled by Northland Pioneer College’s recognized student organizations. The Respondent must be a member of Northland Pioneer College’s community in order for its policies to apply.

This policy can also be applicable to the effects of off-campus misconduct that effectively deprive someone of access to Northland Pioneer College’s educational program. Northland Pioneer College may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial Northland Pioneer College interest.

Regardless of where the conduct occurred, Northland Pioneer College will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial Northland Pioneer College interest includes:

• (a) Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
• (b) Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
• (c) Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
• (d) Any situation that is detrimental to the educational interests or mission of Northland Pioneer College.

If the Respondent is unknown or is not a member of the Northland Pioneer College community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.

Further, even when the Respondent is not a member of the Northland Pioneer College’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.

In addition, Northland Pioneer College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from Northland Pioneer College property and/or events.

All vendors serving Northland Pioneer College through third-party contracts are subject to the policies and procedures of their employers or to these policies and procedures to which their employer has agreed to be bound by their contracts.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.

Similarly, the Title IX Coordinator may be able to advocate for a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to Northland Pioneer College where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the Complainant.

4.10 Time Limits on Reporting

There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to Northland Pioneer College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

When notice/complaint is affected by significant time delay, Northland Pioneer College will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/complaint.

4.11 Online Harassment and Misconduct

The policies of Northland Pioneer College are written and interpreted broadly to include online and cyber manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on Northland Pioneer College’s education program and activities or use Northland Pioneer College networks, technology, or equipment.

While Northland Pioneer College may not control websites, social media, and other venues in which harassing communications are made, when such communications are reported to Northland Pioneer College, it will engage in a variety of means to address and mitigate the effects.

Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites, sharing inappropriate content via Snaps or other social media, unwelcome sexting, revenge porn, breaches of privacy, or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of Northland Pioneer College community.

Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring completely outside of Northland Pioneer College’s control (e.g., not on Northland Pioneer College networks, websites, or between Northland Pioneer College email accounts) will only be subject to this policy when such online conduct can be shown to cause a substantial in-program disruption.

Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided, but protected speech cannot legally be subjected to discipline.

Off-campus harassing speech by employees, whether online or in person, may be regulated by Northland Pioneer College only when such speech is made in an employee’s official or work-related capacity.

4.12 Policy on Nondiscrimination

Northland Pioneer College adheres to all federal and state civil rights laws and regulations prohibiting discrimination in public institutions of higher education. 

Northland Pioneer College does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of:

• Race,
• Religion,
• Hearing status,
• 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,
• Veteran or military status (including disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, and Armed Forces Service Medal veteran),
• Predisposing genetic characteristics,
• Domestic violence victim status,
• Height,
• Weight
• 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.

This policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the Northland Pioneer College community whose acts deny, deprive, or limit the educational or employment or residential and/or social access, benefits, and/or opportunities of any member of the Northland Pioneer College community, guest, or visitor on the basis of that person’s actual or perceived membership in the protected classes listed above is in violation of Northland Pioneer College policy on nondiscrimination.

When brought to the attention of Northland Pioneer College, any such discrimination will be promptly and fairly addressed and remedied by Northland Pioneer College according to the appropriate grievance process described below.

4.13 Policy on Disability Discrimination and Accommodation

Northland Pioneer College is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA), as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws and regulations pertaining to individuals with disabilities.

Under the ADA and its amendments, a person has a disability if they have a physical or mental impairment that substantially limits a major life activity. 

The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by Northland Pioneer College, regardless of whether they currently have a disability. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, or caring for oneself.

The Chief Human Resources Officer has been designated as Northland Pioneer College’s ADA/504 Coordinator responsible for overseeing efforts to comply with these disability laws, including responding to grievances and conducting investigations of any allegation of noncompliance or discrimination based on disability.

Grievances related to disability status and/or accommodations will be addressed using the procedures below. For details relating to disability accommodations in Northland Pioneer College’s resolution process, see Procedure 2110.

     a. Students with Disabilities

Northland Pioneer College is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs, facilities, and activities of Northland Pioneer College.

All accommodations are made on an individualized basis. A student requesting any accommodation should first contact the Office of Accessibility and Inclusion Coordinator, who coordinates services for students with disabilities.

The Office of Accessibility and Inclusion Coordinator reviews documentation provided by the student and, in consultation with the student, determines which accommodations are appropriate for the student’s particular needs and academic program(s).

     b. Employees with Disabilities

Pursuant to the ADA, Northland Pioneer College will provide reasonable accommodation(s) to all qualified employees when they are unable to perform their essential job functions, except when doing so would be unduly disruptive or would result in undue hardship to Northland Pioneer College.

An employee with a disability is responsible for submitting a request for an accommodation to the ADA/504 Coordinator and providing necessary documentation. The ADA/504 Coordinator will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties.

4.14 Policy on Discriminatory Harassment

Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discriminatory harassment. Northland Pioneer College’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.

The sections below describe the specific forms of legally prohibited harassment that are also prohibited under Northland Pioneer College policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of Northland Pioneer College policy, though supportive measures will be offered to those impacted.

     a. Discriminatory Harassment

Discriminatory harassment constitutes a form of discrimination that is prohibited by Northland Pioneer College policy. Discriminatory harassment is defined as unwelcome conduct by any member or group of the community on the basis of actual or perceived membership in a class protected by policy or law.

Northland Pioneer College does not tolerate discriminatory harassment of any employee, student, visitor, or guest. Northland Pioneer College will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile environment.”

A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.​^[3]Hostile EnvironmentThis definition of hostile environment is based on Federal Register / Vol. 59, No. 47 / Thursday, March 10, 1994: Department of Education Office for Civil Rights, Racial Incidents and Harassment Against Students At Educational Northland Pioneer Colleges Investigative Guidance. This discriminatory effect results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive.

When discriminatory harassment rises to the level of creating a hostile environment, Northland Pioneer College may also impose sanctions on the Respondent through application of the appropriate grievance process below.

Northland Pioneer College reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature and not based on a protected status. Addressing such conduct will not result in the imposition of discipline under Northland Pioneer College policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternate Resolution, and/or other informal resolution mechanisms.

For assistance with Alternate Resolution and other informal resolution techniques and approaches, employees should contact the Chief Human Resources Officer, and students should contact the Director of Student Services.

    b. Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Arizona regard Sexual Harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice.

Northland Pioneer College has adopted the following definition of Sexual Harassment in order to address the unique environment of an academic community, which consists not only of employer and employees, but of students as well.

Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

Conduct on the basis of sex that satisfies one or more of the following:

1. Quid Pro Quo:
   • a.  an employee of Northland Pioneer College,
   • b.  conditions the provision of an aid, benefit, or service of Northland Pioneer College,
   • c.  on an individual’s participation in unwelcome sexual conduct; and/or
2. Sexual Harassment:
   • a.  unwelcome conduct,
   • b.  determined by a reasonable person,
   • c.  to be so severe, and,
   • d.  pervasive, and,
   • e.  objectively offensive,
   • f.   that it effectively denies a person equal access to Northland Pioneer College’s education program or activity.​​^[4]UnwelcomenessUnwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.​​
3. Sexual assault, defined as:
   • (a) Sex Offenses, Forcible:
     • i)  Any sexual act directed against another person,
     • ii)  without the consent of the Complainant,
     • iii)  including instances in which the Complainant is incapable of giving consent.
   • (b) Forcible Rape:
     • i)  Penetration,
     • ii)  no matter how slight,
     • iii)  of the vagina or anus with any body part or object,
     • iv)  or oral penetration by a sex organ of another person,
     • v)  without the consent of the Complainant.
   • (c) Forcible Sodomy:
     • i)  Oral or anal sexual intercourse with another person,
     • ii)  forcibly,
     • iii)  and/or against that person’s will (non-consensually), or
     • iv)  not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 
   • (d) Sexual Assault with an Object:
     • i)  The use of an object or instrument to penetrate,
     • ii)  however slightly,
     • iii)  the genital or anal opening of the body of another person,
     • iv)  forcibly,
     • v)  and/or against that person’s will (non-consensually),
     • vi)  or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 
   • (e) Forcible Fondling:
     • i)  The touching of the private body parts of another person (buttocks, groin, breasts),
     • ii)  for the purpose of sexual gratification,
     • iii)  forcibly,
     • iv)  and/or against that person’s will (non-consensually),
     • v)  or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 
   • (f) Sex Offenses, Non-forcible:
     • i)  Incest:
       • 1)  Non-forcible sexual intercourse,
       • 2)  between persons who are related to each other,
       • 3)  within the degrees wherein marriage is prohibited by Arizona law.&
     • ii)  Statutory Rape:
       • 1)  Non-forcible sexual intercourse,
       • 2)  with a person who is under the statutory age of consent of eighteen (18).
4. Dating Violence, defined as:
   • a)  violence,
   • b)  on the basis of sex,
   • c)  committed by a person,
   • d)  who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
     • i) The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
     • ii)  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
     • iii)  Dating violence does not include acts covered under the definition of domestic violence.
5. Domestic Violence, defined as:
   • a)  violence,
   • b)  on the basis of sex,
   • c)  committed by a current or former spouse or intimate partner of the Complainant,
   • d)  by a person with whom the Complainant shares a child in common, or
   • e)  by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner,
   • f)  or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Arizona,
   • g)  or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Arizona.
     *To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
6. Stalking, defined as:
   • a)  engaging in a course of conduct,
   • b)  on the basis of sex,
   • c)  directed at a specific person,
     • i.  that would cause a reasonable person to fear for the person’s safety, or
     • ii.  the safety of others; or
     • iii.  Suffer substantial emotional distress.
        
   • For the purposes of this definition—

• (i)  Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• (ii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
• (iii) Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

EXPECTATIONS REGARDING UNETHICAL RELATIONSHIPS

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty member and student or supervisor and employee). These relationships may, in reality, be less consensual than perceived by the individual whose position confers power or authority. Similarly, the relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Circumstances may change, and conduct that was once welcome may, at some point in the relationship, become unwelcome.

Even when both parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a relevant Policy violation still exists. Northland Pioneer College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of Northland Pioneer College. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., faculty-student, staff-student) are generally discouraged. They may also violate standards of professionalism and/or professional ethics.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must bring these relationships to the timely attention of their supervisor and/or the Title IX Coordinator. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an affected relationship existed prior to adoption of this policy, the duty to notify the appropriate supervisor still pertains.

This type of relationship includes Housing Advisors (HAs) and students over whom the HA has direct responsibility. While no relationships are prohibited by this policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an employee. The Title IX Coordinator will determine whether to refer violations of this provision to Human Resources for resolution, or to pursue resolution under this Policy, based on the circumstances of the allegation. 

Northland Pioneer College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this policy.

     c. Force, Coercion, Consent, and Incapacitation​​^[5]ConsentThe state definition of consent is acquiescence or compliance, which is applicable to criminal prosecutions for sex offenses in Arizona but may differ from the definition used on campus to address Policy violations.​

As used in the offenses above, the following definitions and understandings apply:

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”).

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Consent is:

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

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on Northland Pioneer College to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Consent in relationships must also be considered in context. When parties consent to BDSM​^[6]BDSMBondage, discipline/dominance, submission/sadism, and masochism.​​ or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, so Northland Pioneer College’s evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to policy that assumes non-kink relationships as a default.

Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard which assumes that a reasonable person is both sober and exercising sound judgment.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

     d. Other Civil Rights Offenses

In addition to the forms of sexual harassment described above, which fall within the coverage of Title IX, Northland Pioneer College additionally prohibits the following offenses as forms of discrimination outside of Title IX when the act is based upon the Complainant’s actual or perceived membership in a protected class.

• Sexual Exploitation, defined as: taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation include, but are not limited to:
  • Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
  • Invasion of sexual privacy.
  • Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography
  • Prostituting another person
  • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection
  • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
  • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections
  • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
  • Knowingly soliciting a minor for sexual activity
  • Engaging in sex trafficking
  • Creation, possession, or dissemination or child pornography
     
• Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person;
• Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities;
• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
• Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the Northland Pioneer College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy);
• Bullying, defined as:
  • Repeated and/or severe
  • aggressive behavior
  • likely to intimidate or intentionally hurt, control, or diminish another person, physically and/or mentally
  • that is not speech or conduct otherwise protected by the First Amendment.

Violation of any other Northland Pioneer College policies may constitute a Civil Rights Offense when a violation is motivated by actual or perceived membership in a protected class, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.

Sanctions for the above-listed Civil Rights Offenses range from reprimand through expulsion/termination.

4.15 Retaliation

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Northland Pioneer College is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

It is prohibited for Northland Pioneer College or any member of Northland Pioneer College’s community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

4.16 Mandated Reporting

All Northland Pioneer College employees (faculty, staff, administrators) are expected to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions.

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.

The following sections describe the reporting options at Northland Pioneer College for a Complainant or third-party (including parents/guardians when appropriate):

     a. Confidential Resources

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

• Off-campus (non-employees):
  • Licensed professional counselors and other medical providers
  • Local rape crisis counselors
  • Domestic violence resources
  • Local or state assistance agencies
  • Clergy/Chaplains
  • Attorneys

All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.

Northland Pioneer College employees who are confidential will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient, or parishioner.

     b. Anonymous Notice to Mandated Reporters

At the request of a Complainant, notice may be given by a Mandated Reporter to the Title IX Coordinator anonymously, without identification of the Complainant. The Mandated Reporter cannot remain anonymous themselves.

If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on that assessment without revealing personally identifiable information.

Anonymous notice will be investigated by Northland Pioneer College to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided.

However, anonymous notice typically limits Northland Pioneer College’s ability to investigate, respond, and provide remedies, depending on what information is shared.

When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Title IX Coordinator. Mandated reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reporting of abuse requirements.

     c. Mandated Reporters and Formal Notice/Complaints

All employees of Northland Pioneer College (including student employees), with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.

Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.

Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from Northland Pioneer College.

Supportive measures may be offered as the result of such disclosures without formal Northland Pioneer College action.

Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment or discrimination of which they become aware is a violation of Northland Pioneer College policy and can be subject to disciplinary action for failure to comply.

Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this policy, they still have a duty to report their own misconduct, though Northland Pioneer College is technically not on notice when a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.

Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are, of course, encouraged to do so.

4.17 When a Complainant Does Not Wish to Proceed

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.

The Title IX Coordinator has ultimate discretion over whether Northland Pioneer College proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment.

The Title IX Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires Northland Pioneer College to pursue formal action to protect the community.

A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. Northland Pioneer Colleges may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.

The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and Northland Pioneer College’s ability to pursue a Formal Grievance Process fairly and effectively.

When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy.

When Northland Pioneer College proceeds, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant.

Note that Northland Pioneer College’s ability to remedy and respond to notice may be limited if the Complainant does not want Northland Pioneer College to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing Northland Pioneer College’s obligation to protect its community.

In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow Northland Pioneer College to honor that request, Northland Pioneer College will offer informal resolution options (see Procedure 2110), supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action.

If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by Northland Pioneer College, and to have the incidents investigated and properly resolved through these procedures.

4.18 Federal Timely Warning Obligations

Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, Northland Pioneer College must issue timely warnings for incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus community.

Northland Pioneer College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

4.19 False Allegations and Evidence

Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action.

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under Northland Pioneer College policy.

4.20 Amnesty for Complainants and Witnesses

Northland Pioneer College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to Northland Pioneer College officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of Northland Pioneer College community that Complainants choose to report misconduct to Northland Pioneer College officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.

To encourage reporting and participation in the process, Northland Pioneer College maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to Respondent with respect to a Complainant.

Students: Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves (for example, an underage student who has been drinking or using marijuana might hesitate to help take an individual who has experienced sexual misconduct to Campus Security).

Northland Pioneer College maintains a policy of amnesty for students who offer help to others in need. While policy violations cannot be overlooked, Northland Pioneer College may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.

Employees: Sometimes, employees are hesitant to report harassment or discrimination they have experienced for fear that they may get in trouble themselves. For example, an employee who has violated the consensual relationship policy and is then assaulted in the course of that relationship might hesitate to report the incident to Northland Pioneer College officials.

Northland Pioneer College may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.

4.21 Federal Statistical Reporting Obligations

Certain campus officials – those deemed Campus Security Authorities – have a duty to report the following for federal statistical reporting purposes (Clery Act):

• (a) All “primary crimes,” which include homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson;
• (b) Hate crimes, which include any bias motivated primary crime as well as any bias motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property;
• (c) VAWA​​ - based crimes, which include sexual assault, domestic violence, dating violence, and stalking; and
• (d) Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and drug abuse-related law violations.

All personally identifiable information is kept private, but statistical information must be passed along to the Clery Administrator regarding the type of incident and its general location (on or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.

Campus Security Authorities include: student affairs/student conduct staff, campus security, local police, coaches, housing staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.

(Updated 8/20/24)

View Archived Policy 1102 Equal Opportunity, Harassment and Nondiscrimination
(Revised 5/17/2022)

The current campus locations are:

• The Little Colorado Campus includes Winslow and surrounding area.
• The Painted Desert Campus includes the Holbrook, Joseph City, Woodruff, and the Sun Valley areas.
• The Silver Creek Campus includes Snowflake, Taylor, and the surrounding areas.
• The White Mountain Campus includes Show Low, Lakeside, Pinetop, and surrounding areas.

The current centers are:

• Whiteriver Center includes Whiteriver, Cibecue, and all adjacent White Mountain Apache Reservation communities.
• Hopi Center includes all of the Hopi communities and those Navajo reservation communities adjacent to the Hopi reservation.
• Kayenta Center includes all those areas adjacent to the Kayenta Township.
• St. Johns Center.
• Springerville/Eagar Center.

All other course sites encompass the communities that they are located in and offerings are limited to specific requests and by available facilities and staff.

(Revised 5/17/2022)

The college is committed to building within its constituency the feeling that the college serves them and that the programs and services offered are in concert with community needs.

(Reviewed only 5/17/2022)

The president has the authority to develop and implement procedures as determined by policy required to create and maintain effective and efficient programs and services for the operation of the college. The president has the authority for the adoption and implementation of procedures to administer the college, with an opportunity for review by others. Proposed procedures shall be submitted to legal counsel for review when deemed necessary.

Review by others requires notice and an opportunity for comment. The review process for new or modified procedures may vary, depending on the employees or employee groups that are affected. Options for review include, but are not limited to, all-college meetings, NPC Faculty Association, Classified and Administrative Staff Organization, and all-NPC email. Certain procedures may affect only several departments, limiting their review audience. Prior to approval, sufficient time must be provided for employees to comment regarding the proposed procedure. One week shall be deemed the minimum sufficient time for review and comment, barring unusual circumstances or an emergency.

The final decision regarding procedure approval and adoption is solely that of the president.

In the event of an emergency, the president, or designee, has the authority to temporarily cease the operation of the college or any delivery site.

(Reviewed only 5/17/2022)

The president, Chief Business Officer, and/or designee are the college's representatives to the State Surplus Property Division of the Department of Administration.

(Reviewed only 2/19/19)

In accordance with A.R.S. §15-1808, the president, or designee, is authorized to provide tuition waivers for Arizona National Guard members who received a Purple Heart citation on or after September 11, 2001 or who were medically discharged due to an injury or disability suffered while serving under certain conditions.

(Revised 5/17/2022)

In accordance with A.R.S. §15-1808, the president, or designee, is authorized to provide tuition waivers to survivors of Arizona peace officers, correctional officers, fire fighters, emergency paramedics and National Guard members who were killed in the line of duty.

(Revised 5/17/2022)

The president, or designee, is authorized to provide tuition and media fee waivers to college employees, district governing board members,and retirees with meritorious service recognition as deemed appropriate, and with the best interests of the college in mind

(Revised 5/17/2022)

The president, or designee, is responsible for the establishment of procedures for the security of property, use of vehicles, and disposal of property.

(Revised 5/17/2022)

Overview
Northland Pioneer College’s (College) Technology Advancement and Support (TAS) division is committed to providing a secure yet open network that protects the integrity and confidentiality of information resources while maintaining their accessibility. This policy recognizes and establishes a model that will be followed by the College for creating TAS procedures.

Policy
The president, or designee, is authorized to develop procedures for the security, use and control of college technology resources.

The Chief Information Officer (CIO) shall establish technology procedures, and best practices for the College's technology infrastructure in order to secure all Information Technology (IT) assets and promote the most efficient use of technology resources. All TAS policies and procedures will be based on this policy. All procedures will be reviewed at a minimum of an annual basis (every September) and updated when necessary.

The CIO will report to the President's Cabinet and the District Governing Board on the status of the college's technology policies and procedures as needed.

All operating units within the college that use information technology are responsible for:

1. Adhering to the IT policies and procedures.
2. Promoting IT policy and procedure adherence.
3. Complying with the requirements of the IT governance model adopted by the college.
4. Preventing unauthorized access to college information, personal files, and e-mail.
5. Informing the CIO if there are any problems with a policy/procedure or if inputs from other sources do not comply with the defined policies approved by the Board.

(Revised 5/17/2022)

Illegal reproduction of copyrighted material on college machines and equipment is prohibited. Violation of this policy may lead to disciplinary action.

(Reviewed only 5/17/2022)

No employee, student, or visitor may possess or bring on to any college-owned or controlled property or facilities or to any off-campus activity any intoxicant, alcoholic beverage, illegal drug, hallucinogen or narcotic, dangerous drug, prescription drug without prescription, steroids, except possession by an instructor for the express purpose of laboratory experimentation and education purposes within statutory limits. If used for experimentation, it must be done under the strict supervision and with the full knowledge and support of the administration. Violation of this policy may lead to disciplinary action.

(Reviewed only 5/17/2022)

Northland Pioneer College is committed to encouraging innovation, creativity, and the development of intellectual property by all employees of the institution.

(Reviewed only 5/17/2022)

The president, or designee, is responsible for the establishment of procedures for course material selection and adoption.

(Revised 5/17/2022)