Officials with Authority and Mandatory Reporters

The new 2020 Title IX regulations clarify what triggers Maricopa County Community College District’s (MCCCD) response obligation. A response obligation means that the MCCCD must institute corrective measures, which can include initiating an investigation or offering supporting measures, for example.

The triggering event under the new 2020 Title IX regulations centers on when the District receives actual knowledge of allegations of sexual harassment/ discrimination. Actual knowledge means that the MCCCD Title IX Coordinator or an Official with Authority has received notice of sexual harassment/discrimination or notice of allegations of sexual harassment/discrimination.

The MCCCD has designated a Title IX Regional Director at the district level to serve as Title IX Coordinator at each of its ten colleges. A list of Title IX Coordinators can be found by clicking the button on the right-hand side of the Title IX and Preventing Sexual Harassment website marked Title IX/504 Coordinators. Notice of sexual harassment/discrimination or allegations of sexual harassment/discrimination to the Title IX Coordinator conveys actual knowledge to the institution.

Officials with Authority

The new 2020 Title IX Regulations allow post-secondary institutions, such as the MCCCD, to decide which of its employees are Officials with Authority. An Official with Authority (OWA) means an employee of the MCCCD explicitly vested with the responsibility to implement corrective measures for sexual harassment on behalf of the MCCCD. Notice to any official with authority conveys actual knowledge to the institution.

Officials with Authority are required to report any witnessed sexual harassment, any incidents reported to him/her of sexual harassment or sexual harassment allegations from a complainant (i.e., a person alleged to be the victim) or a third party (e.g., the complainant’s parent, friend, or peer); or any written or verbal complaint about sexual harassment or sexual harassment allegations to the Title IX Coordinator.

The MCCCD has designated the following employees as Officials with Authority to implement corrective measures for sexual harassment/discrimination.

Chancellor
Provost
General Counsel and Associate General Counsels
Chief Human Resources Officer
Chief Executive Officer
College Presidents
College Vice Presidents (at all levels)
Associate Vice Chancellors
Law enforcement
Athletic Directors
Directors (in any administrative area of a college or the District)

Notice results whenever any of the MCCCD’s Title IX Coordinators, or any official with authority:

witnesses sexual harassment;
hears about sexual harassment or sexual harassment allegations from a complainant (i.e., a person alleged to be the victim) or a third party (e.g., the complainant’s parent, friend, or peer);
receives a written or verbal complaint about sexual harassment or sexual harassment allegations;
or by any other means.

Mandatory Reporters

The new 2020 Title IX Regulations allow post-secondary institutions, such as the MCCCD, to designate mandated (mandatory) reporters who are expected to report actual or suspected sexual harassment/discrimination to the Title IX Coordinator. Mandatory Reporter will, within twenty-four (24) hours, pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action on the report.

The MCCCD has designated these classifications of employees as Mandated (Mandatory) Reporters:

Chancellor
Provost
General Counsel
Chief Human Resources Officer
Chief Workforce and Economic Development Officer
Chief Executive Officer
College Presidents
Associate Vice Chancellors
Director of Communications
Associate General Counsels
Supervisors/Managers/Directors (but not including division or department chairs)
College Vice Presidents, at all levels
Deans, at all levels
Athletic Directors/Coaches/Trainers
Law enforcement

Mandatory Reporter under this policy does not diminish or affect the requirement under Arizona state law requiring the report of child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials.