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Case Name Department of Education OCR Title IX Investigation of Butte College ED-CA-0029
Docket / Court 09-13-2096 ( No Court )
State/Territory California
Case Type(s) Education
Special Collection Title IX, Sexual Violence Investigations/Resolutions
Case Summary
In February 2013, a student at Butte College, part of the Butte-Glenn Community College District, filed a Title IX complaint with U.S. Department of Education, San Francisco Office for Civil Rights (OCR). She alleged that in 2012, a Butte College football player sexually assaulted her. After she ... read more >
In February 2013, a student at Butte College, part of the Butte-Glenn Community College District, filed a Title IX complaint with U.S. Department of Education, San Francisco Office for Civil Rights (OCR). She alleged that in 2012, a Butte College football player sexually assaulted her. After she reported the assault, the College conducted an investigation and chose not to discipline the respondent. The complainant asserted that the College did not respond to her report in a manner that was prompt and equitable, thus violating Title IX. For instance, she stated that the school gave only the respondent an opportunity to present favorable witnesses and that the College questioned her regarding her sexual history and sexual reputation without subjecting the respondent to similar questioning. In addition, she alleged that the school’s grievance procedure did not comply with Title IX.

In July 2013, OCR announced that it was opening an investigation in response to the complaint. In conducting its investigation, OCR sought to resolve the following five issues:

  • whether the College complied with Title IX regarding development and dissemination of notice of nondiscrimination;

  • whether the College complied with Title IX requirements regarding the designation and notice of a Title IX coordinator;

  • whether the College’s sexual harassment and sexual violence policies and procedures, as written, complied with Title IX;

  • whether the College provided a prompt and equitable response to incidents of sexual harassment and sexual violence of which it had notice, including the complainant’s report of sexual violence; and

  • whether the College’s failed to provide a prompt and equitable response.

Four years later, in July 2017, OCR published a letter of findings concluding that Butte College failed to comply with Title IX in all the ways it had investigated.

In response to the findings, Butte College entered into a resolution agreement in order to address the deficiencies and violations. Specifically it agreed to:

  • Amend its notice of nondiscrimination to include contact information for the Title IX Coordinator and OCR;

  • retain a highly-qualified Title IX Coordinator;

  • create one unified sexual misconduct policy (as opposed to a separate policy for each sub-category of violation) in a manner compliant with Title IX;

  • provide Title IX training to all college employees;

  • provide training to all those participating in the sexual misconduct appeals process;

  • develop and implement a confidential electronic database to review and examine documents related to sexual misconduct complaints;

  • implement mandatory Title IX training for all students;

  • develop and implement an annual campus climate survey;

  • reimburse the complainant for any undergraduate tuition paid from 2012 to 2014 and all related medical expenses;

  • invite the complainant to share her concerns and feedback with the Butte College President; and

  • submit to ongoing reporting and monitoring by OCR.

OCR will oversee compliance with the Resolution Agreement until at least July 2020 or when the agency determines that the College has complied with the agreement. Compliance remains ongoing.

Hope Brinn - 11/23/2018


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Monitoring
Recordkeeping
Reporting
Training
Defendant-type
College/University
Discrimination-basis
Sex discrimination
Plaintiff Type
Private Plaintiff
Special Case Type
Out-of-court
Type of Facility
Non-government non-profit
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Butte College
Plaintiff Description The complainant was a student at Butte College who was sexually assaulted by a fellow student.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2017 - 2020
Filing Year 2013
Case Ongoing Yes
Additional Resources
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  Chronicle of Higher Education, Title IX Tracker: Butte College
Chronicle of Higher Education
Date: Nov. 12, 2018
By: Chronicle of Higher Education
[ Detail ] [ External Link ]

  Lawyer: Butte College Protects Football Players, Not Women
KBCR News
Date: Sep. 24, 2014
By: Colin Steiner
[ Detail ] [ External Link ]

  College Administrators Learning to Be Sexual Misconduct Detectives
LA Times
Date: May 14, 2014
By: Teresa Watanabe
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Resolution Agreement
ED-CA-0029-0002.pdf | Detail
Date: 07/12/2017
[Butte College Letter of Findings]
ED-CA-0029-0001.pdf | Detail
Date: 07/17/2017

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