Sexual Misconduct Protocol

The District is committed to maintaining a respectful, professional, academic and working environment for students, faculty, staff, and visitors. This includes having an environment free from unlawful sexual misconduct.

This protocol applies to all TCC settings and activities—whether on District property or off.

Protocol covers all students & employees

Student means a person who:

• Is currently enrolled in the District
• Is accepted for admission or readmission to the District
• Has been enrolled in the District during a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows

or

• Is attending an educational program sponsored by the District while that person is on campus [see Policy FLA(LOCAL)].

Employee includes:

• Former employees
• Former applicants for employment

and

• Other individuals who have a relationship with TCCD that enables TCCD to exercise some control over the individual’s conduct in places and activities that relate to the District’s work (e.g., contractors, vendors, etc.).

Our commitment to our community

So that TCC may foster a climate of respect and security on campus as it relates to preventing and responding to acts of sexual misconduct, this protocol has been created and serves to demonstrate the District’s commitment to:

• Foster a District climate that is free from sexual misconduct: sexual harassment, sexual assault, sexual exploitation, and the acts of stalking, dating violence, and domestic violence;
• Disseminate clear strategies for responding to acts of sexual misconduct reported to the institution;
• Deliver training and education programs to students and employees so they may identify sexual misconduct and understand how to report such conduct;
• Engage in investigative inquiry and resolution of complaints that are prompt, fair and equitable and independent of other investigations that may occur;
• Recognize the inherent dignity and worth of each member of the TCC community and the rights of persons to be safe in their bodies, which lends to the core values of this academic institution.

Lastly, it is the intent of this protocol to:

• Identify the Title IX Coordinator, Deputy Title IX Coordinators and Investigators and describe their roles in compliance with guidance from the Department of Education’s Office of Civil Rights.
• Identify how students can report sexual misconduct to the District confidentially or privately and what resources are available both on and off campus to aid them.
• Identify how employees can report sexual misconduct to the District and what resources are available both on and off campus to aid them.
• Provide information about how complaints are assessed, investigated and resolved.
• Provide the District with a means to take all reasonable steps to identify harassment, prevent recurrence of any harassment, and to correct its discriminatory effects on the complainant and others, if appropriate.

Download the App

Use Reach Out College Edition to access all TCC Title IX resources and reporting details on your smart phone:

• Go to Google Play: Apps or the Apple App Store
• Download Reach Out College Edition (free)
• Pick your TCC campus (TCC Connect students and employees: Select Trinity River Campus)

I. NOTICE OF COORDINATION WITH NON-DISCRIMINATION POLICY & NOTICE OF NON-DISCRIMINATION

TCCD recognizes that it is important to coordinate this protocol with existing District policies related to harassment and discrimination knowing that harassment related to an individual’s sex, sexual orientation, or gender expression can occur in conjunction with misconduct and harassment related to a person’s race, ethnicity, national origin, religion, age, pregnancy or parenting status, disability, or other protected status. Therefore, when a report is made that alleges both harassment and discrimination based on sex as well as an allegation of some other form of discrimination, the District will work to use all relevant policies respectively to address the complaints and will coordinate the investigation and resolution efforts.

TCCD is committed to maintaining an environment free from harassment and discrimination for everyone and does not discriminate on the basis of race, sex, national origin, religion, age, sexual orientation, gender identity or expression, or any other protected status. Further, the District does not discriminate on the basis of sex in any educational, employment, athletic, or extracurricular activity. Sexual misconduct, as described in this protocol, is a form of sexual harassment, which is a form of discrimination and is prohibited by Title IX of the Education Amendments of 1972.

For the full District policy:

• Governing resolution of employee complaints: Policies DGBA(LOCAL) and TCCD Interim Title IX Policy and Procedure .
• Addressing discrimination, harassment, and retaliation involving District employees: TCCD Interim Title IX Policy and Procedure .
• Governing resolution of student reports regarding sexual misconduct including: Sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, stalking, gender-based misconduct and retaliation, see TCCD Interim Title IX Policy and Procedure .
• Addressing discrimination, harassment and retaliation involving race, color, national origin, religion, or disability, District students: Policy FFDB(LOCAL).

Other Misconduct Offenses

Will Fall Under Title IX when Gender-based

1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person.
2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender.
3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.
4. Hazing means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. [as defined further in FLBC(LEGAL)].
5. Bullying occurs when a student or group of students engages in written or verbal expression, expression through electronic means, or physical conduct that occurs on District property, at a College District-sponsored or College District-related activity, or in a vehicle operated by the District [as defined further in FFE(LOCAL)].

II. DEFINITIONS

Sexual Misconduct

A broad umbrella term used to identify a number of forms of discrimination based on sex. Sexual misconduct includes sexual harassment, sexual assault, and sexual exploitation, and can include dating violence, domestic violence, and stalking when those acts are perpetrated against a person because of their sex. This protocol also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

A violation of this protocol will be found when: (1) submission to such conduct is made as express or implicit term or condition of an individual’s employment, performance, appraisal, or evaluation of academic performance; or (2) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, humiliating, or offensive working or academic environment.

Sexual Harassment

Defined in TCCD Interim Title IX Policy and Procedure .

Sexual Assault

Sexual assault, defined as:

1. Sex Offenses, Forcible:
   1. Any sexual act directed against another person,
   2. without the consent of the Complainant,
   3. including instances in which the Complainant is incapable of giving consent.
2. Forcible Rape:
   1. Penetration,
   2. no matter how slight,
   3. of the vagina or anus with any body part or object, or
   4. oral penetration by a sex organ of another person, without the consent of the Complainant. (See the TCCD Interim Title IX Policy and Procedure  for a full definition.)

Examples of behaviors that may constitute sexual assault include the following:

1. Having sex with a mentally or physically incapacitated person
2. Forcing someone to perform oral sex on you or another.
3. Touching someone’s breasts without consent.
4. Putting your intimate parts on or in another without consent.

Sexual Exploitation

Occurs when a person takes advantage of another without that individual’s consent for the initiator’s own advantage or benefit or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.

Examples of behaviors that may constitute sexual exploitation include the following:

1. Prostituting another.
2. Allowing a third party to watch consensual sexual contact without the permission of both parties involved in the sex act.
3. Recording a voluntary sex act without the other person’s knowledge or permission or showing voluntarily recorded sexual activity to others without knowledge or permission.
4. Knowingly giving another a sexually transmitted infection (STI) or HIV.
5. Allowing others to have sex with an incapacitated person.

Dating Violence

Dating Violence, defined as:

1. violence,
2. on the basis of sex,
3. committed by a person,
4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
   1.  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—
   2. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
   3. Dating violence does not include acts covered under the definition of domestic violence. 

Examples of behaviors that may constitute dating violence include the following:

1. Taking away a person’s cell phone during an argument in order to prevent the person from calling a friend or the police for help.
2. Threatening to do self-harm if another does not do what is said.
3. Threatening to physically assault someone the individual is dating if the person does not do what is said.

Domestic Violence

Domestic Violence* (“Family Violence” under Texas law), defined as:

1. violence,
2. on the basis of sex,
3. committed by a current or former spouse or intimate partner of the Complainant,
4. 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, or
5. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Texas13 or
6. 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 Texas.

Examples of behaviors that may constitute domestic violence include the following:

1. Hitting, punching, pinching, slapping, or choking someone with whom the person is intimately involved.
2. Violating a protective order.
3. Harming a person’s animals or children while in an intimate relationship.

Stalking

Stalking is defined as:

1. a. engaging in a course of conduct,
2. b. on the basis of sex,
3. c. directed at a specific person, that
   1. would cause a reasonable person to fear for the person’s safety, or
   2. the safety of others; or
   3. Suffer substantial emotional distress. For the purposes of this definition—
      1. 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.
      2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
      3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Examples of stalking:

1. Being followed, spied on, or watched at home, or at work.
2. Receiving unwanted phone calls, text messages, letters, or gifts, or having restraining or protective orders violated.

Other Misconduct Offenses

Will fall under Title IX when gender-based

1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender;
3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
4. “Hazing” means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:0.
   1. Is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
   2. Involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
   3. Involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by item 5, that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
   4. Is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.
   5. Involves coercing, as defined by Penal Code 1.07, the student to consume a drug or an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Penal Code 49.01. (Policy FLBC Legal)
5. Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment). (as defined further in Policy FFE Local);

III. CONSENT & INCAPACITATION

Consent is:

• knowing, and
• voluntary, and
• expressing 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 the College District 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 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 the College District’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.

The 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.

For information regarding the criminal statutes governing sexual assault, consent and the age of consent in the State of Texas, visit Penal Code §22.01.

IV. TITLE IX COORDINATOR & DEPUTY TITLE IX COORDINATORS

TCCD has designated the individual listed below as the Title IX Coordinator and as such he is responsible for the oversight of this protocol and any procedures related to it. The Title IX Coordinator is responsible for overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. The Coordinator’s responsibilities include oversight of the investigation and resolution process for complaints of sexual misconduct throughout the District. The Title IX Coordinator also evaluates trends on the five campuses by using information reported to him/her and makes recommendations for campus or District wide training and education programs. The Title IX Coordinator or designee also works with Campus Police Department to review complaints made solely to campus law enforcement personnel for potential violations of Title IX that may require further remedies. Deputy Title IX Coordinators are responsible for assisting the Title IX Coordinator in overseeing and investigating student and employee complaints under this protocol, providing training and education, and may serve as the decision-maker in student matters regarding alleged violations of this protocol.

To report sexual misconduct, anyone may contact the Title IX Coordinator. Student complaints may also be addressed to the Deputy Coordinator assigned to the specific campus.

Contacts

Employees & Students

Employees

Students

Report to the Department of Education

V. REPORTING

Any person who believes they have been the subject of discrimination or harassment due to sex or is aware of a member of the community who has been subject to discrimination or harassment is strongly encouraged to contact the Title IX Coordinator or any Deputy Title IX Coordinator. Please see TCCD Interim Title IX Policy and Procedure  reporting procedures.

TCCD encourages all persons who have experienced sexual assault to seek assistance and file a criminal complaint with campus law enforcement or local law enforcement as soon as possible and to seek care from a medical facility with trained SANE (Sexual Assault Nurse Examiners) within 96 hours of the assault. If a student or employee reports a possible sexual assault to campus law enforcement, the information, to include the complainant’s name and the name of the accused, if known, will be shared with the Title IX Coordinator.

To contact the Tarrant County College District Campus Police Department, 1500 Houston Street, Fort Worth, Texas 76102, 817-515-5100. For emergencies call 817-515-8911.

Further, all faculty, staff, and volunteers on campus who work with students or minors, and every person identified as Campus Security Authorities (CSAs) under the Clery Act have responsibility to report to the Title IX Coordinator any reports of sexual misconduct made to them or observed by them, to include the name of the complainant and accused, if known. Student workers also have a duty to report sexual misconduct known or observed by them to the Title IX Coordinator. These students would include student employees.

Even employees and students not named in this protocol should be aware that TCCD strongly encourages the reporting of all sexual misconduct known or observed to the Title IX Coordinator.

The Title IX Coordinator and Deputy Title IX Coordinators oversee the resolution of complaints.

Finally, TCCD has established an anonymous reporting mechanism to enable students and employees to report anonymously and privately any policy violations known or observed. Any person may file a report directly online using TCCD’s anonymous reporting form at TCC Police: Victim Assistance. TCCD will promptly and thoroughly investigate all reports of harassment as privately as practicable but cannot guarantee confidentiality. If a person reports sexual harassment using the anonymous reporting form, TCCD will investigate as thoroughly as possible given the information provided. Persons should be aware that TCCD will take all reasonable steps to investigate and respond to the complaint consistent with the information provided, to include the request not to pursue an investigation. If a reporter fails to provide his/her name or other identifiable information and the name of the accused individual, TCCD’s ability to respond may be limited.

False Claims

Please see TCCD Interim Title IX Policy and Procedure  for Policy on reporting false claims.

VI. JURISDICTION & REPORTING TIME FRAMES

Because sexual misconduct that occurs off-campus is likely to impact a person’s work, academic or extracurricular experience, the District assumes jurisdiction to adjudicate off-campus complaints should they become known. In addition, the District encourages prompt reporting of all allegations of sexual misconduct so that the District can respond promptly and equitably; however, the District does not limit the time frame for reporting. If the accused person is no longer affiliated with the District at the time the report is made, then the District will still conduct an inquiry for purposes of complying with Title IX, and take steps to prevent the recurrence of such conduct and remedy the effects, if appropriate.

VII. CONFIDENTIALITY

Different people on campus have different reporting responsibilities and different abilities to maintain your confidentiality, depending on their roles at the College. When consulting campus resources, victims should be aware of confidentiality and mandatory reporting, in order to make informed choices. On campus, some resources may maintain your complete confidentiality, offering you options and advice without any obligation to tell anyone, unless you want them to. Other resources are expressly there for you to report crimes and policy violations, and they will take action when you report your victimization to them.

Confidential Reporting Options

If you desire that details of the incident be kept confidential, you should speak with on-campus counselors or off-campus rape crisis resources, who will maintain confidentiality. Campus counselors are available to help you free of charge. In addition, you may speak to off-campus members of the clergy and chaplains, who will also keep reports made to them confidential. Counselors and health care providers are not designated by TCCD as Campus Security Authorities and therefore, they are not required to report crime statistics for Clery Act purposes. They are also not considered “responsible employees” for the purposes of Title IX and are not required to report incidents of sexual misconduct to the Title IX Coordinator.

Non-confidential Reporting Options

You are encouraged to speak to college officials to make reports of incidents, including but not limited to the Vice President for Student Development Services Office, Associate Vice Chancellor for Human Resources, and College Police, or their designees. You have the right and can expect to have incidents of sexual misconduct to be taken seriously by the college when reported, and to have those incidents investigated and properly resolved through administrative procedures. Reporting does not mean that your report won’t be confidential, but it does mean that people who need to know will be told, and information will be shared as necessary with investigators, witnesses and the accused. To the greatest extent possible, the College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law. If the complainant is participating in the criminal process, i.e. law enforcement is investigating the complaint, TCCD will pause its administrative investigation while law enforcement conducts fact-finding. TCCD will resume its administrative investigation once the police department has finished its gathering of evidence, which usually takes between 3–10 business days.

If the complainant reports sexual harassment and requests confidentiality or asks that the complaint not be pursued, TCCD will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. The College will obtain consent from the complainant before beginning an investigation unless the College determines it must investigate and resolve the complaint in order to protect the community. If a complainant insists that his/her name or other identifiable information not be disclosed to the accused individual, the District’s ability to respond may be limited and response by the College may be hindered. If the student continues to ask that his/her name not be revealed, TCCD will take all reasonable steps to investigate and respond to the complaint consistent with the student’s request as long as doing so does not prevent TCCD from responding effectively to the harassment and preventing harassment of other students or employees. At the same time, TCCD will evaluate the confidentiality request in the context of its responsibility to provide a safe and nondiscriminatory environment for all members. It is a violation of TCCD policy to retaliate against an individual bringing a complaint, serving as a witness or providing information for an investigation.

If a College official is accused of sexual misconduct, that official will not be involved in the investigation or decision making of the alleged misconduct. All attempts will be made to avoid any conflicts of interest.

VIII. SEXUAL ASSAULT

Individuals are encouraged to report potential crimes of sexual assault (sexual assault by a person that is known or by a stranger) to campus police or the appropriate local police department, depending on the location of the incident. It is important to preserve evidence to the extent possible. The Title IX Coordinator and the Deputy Title IX Coordinators are available to assist an individual in notifying on- and off-campus law enforcement. Criminal and District investigations are separate and may be conducted simultaneously. TCCD will not wait for the completion of a criminal investigation in order to respond although TCCD will pause the administrative investigation while law enforcement conducts initial fact finding. TCCD will, in extraordinary circumstances, proceed despite law enforcement fact finding where a threat to safety of the complainant or other community members exists.

What to do if you have been sexually assaulted?

The first priority for a victim of sexual assault is to get to a place of safety, then obtain necessary medical treatment. If the assault occurred on campus, notify TCCD Police Department immediately at 817-515-8911. Other campus personnel such as faculty, staff or counselors may assist in reporting the sexual assault to the Police Department if the victim so desires. If the assault occurred outside of the college, the local police department where the assault occurred should be called and may be reached by dialing 911. Time is a critical factor for evidence collection and preservation. Filing a police report with the TCCD Police Department will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the victim; provide the opportunity for additional community resources and collection of evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam); and assure the victim has access to free community resources including: confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.

IX. PROTECTION ORDERS & NO CONTACT ORDERS

If the accused individual is a member of the TCCD community, a no contact letter will be given to all parties involved. This will prohibit communication, verbally, in writing, through technology or third parties, between the parties. A protective order is a court order that protects an individual from being abused by a member or former member of his/her household or family or someone the individual has been dating. The College’s Campus Police Department is available to assist the individual and will coordinate safety plans in collaboration with Student Development or Human Resources, if deemed appropriate.

Individuals may also seek a protective order.

Tarrant County: Information About Protective Orders

Important Phone Numbers

• Police / Sheriff: 911
• Crime Victims’ Compensation: 800-983-9933
• Family Violence Hotline: 800-777-3247
• National Domestic Violence Hotline
  • 800-799-7233
  • TDD 800-787-3224
• Tarrant County District Attorney’s Office
  • Protective Order Unit: 817-884-1623
• Texas Advocacy Project:  800-374-HOPE (4673)
• Texas Department of Human Services
  • Abuse Hotline: 800-252-5400
• Texas Legal Services Center: 512-477-6000

X. INTERIM MEASURES & PROTECTIVE MEASURES

TCCD may pose interim actions or protective measures at any point during an investigation. These actions are designed to eliminate the harassment and prevent its recurrence. Actions available include, but are not limited to, no contact orders, change in class schedules, other academic accommodations, a change in work assignments or locations, interim removal from campus property, and/or emotional support. Once a complaint of sexual harassment is alleged, both the complainant and the respondent will be provided with “No Contact” directives until completion of at least the investigative inquiry.

XI. INVESTIGATION & RESOLUTION

Please see TCCD Interim Title IX Policy and Procedure  for resolution and conclusion of investigation. Upon notice of a potential discrimination or harassment situation, a fair and impartial investigation will promptly be conducted by trained District staff members familiar with federal law, regulatory guidance and administrative procedures in an attempt to resolve the situation. This will typically include interviewing all involved parties (accused, complainant, witnesses) and the collecting of any documentation or evidence relevant to the allegation. TCCD will never use mediation as a form of resolution for cases involving sexual assault, stalking, or domestic violence. TCCD reserves the right to determine, consistent with State and local law, whether appropriate law enforcement or other authorities should be notified.

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary. All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.

An Investigator typically take(s) the following steps, if not already completed (not necessarily in this order):

• Determine the identity and contact information of the Complainant
• In coordination with campus partners (e.g., the Title IX Coordinator), initiate or assist with any necessary supportive measures
• Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated
• Assist the Title IX Coordinator with conducting a prompt initial assessment to determine if the allegations indicate a potential policy violation
• Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties
• Meet with the Complainant to finalize their interview/statement, if necessary
• Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations o Notice should inform the parties of their right to have the assistance of an Advisor, who could be a member of the Pool or an Advisor of their choosing present for all meetings attended by the party
• Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings
• Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible
• When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary
• Allow each party the opportunity to suggest witnesses and questions they wish the Investigator to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions.
• Complete the investigation promptly and without unreasonable deviation from the intended timeline
• Provide regular status updates to the parties throughout the investigation.
• Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding
• Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. Appendices including relevant physical or documentary evidence will be included
• The Investigator is to gather, assess, and synthesize evidence, but make no conclusions, engage in no policy analysis, and render no recommendations as part of their report.
• Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the Recipient does not intend to rely in reaching a determination, for a ten (10) college business day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten days. Each copy of the materials shared will be watermarked on each page with the role of the person receiving it (e.g., Complainant, Respondent, Complainant’s Advisor, Respondent’s Advisor).
• The Investigator may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses
• The Investigator will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator should document all rationales for any changes made after the review and comment period
•  The Investigator shares the report with the Title IX Coordinator and/or legal counsel for their review and feedback.
• The Investigator will incorporate any relevant feedback, and the final report is then shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) college business days prior to a hearing. The parties are also provided with a file of any directly related evidence that was not included in the report
• Upon a finding of responsibility by the Title IX Coordinator or designee, the following outcomes to resolution are possible:
• Any staff member found responsible for violating TCCD policy will be subject to appropriate disciplinary action including and up to termination of employment.
• Any faculty member found responsible for violating TCCD policy will be subject to appropriate disciplinary action including and up to termination of employment.
• Any student found responsible for violating the protocol on Non-Consensual or Forced Sexual Contact (where no intercourse has occurred) will receive a sanction ranging from suspension to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
• Any student found responsible for violating the protocol on Non-Consensual Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.
• Any student found responsible for violating the protocol on Sexual Exploitation or sexual harassment policy will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.

Appeal

Appeal procedures to be followed are located in TCCD Interim Title IX Policy and Procedure .

XII. NON-RETALIATION

Non-retaliation provisions are located in TCCD Interim Title IX Policy and Procedure .

XIII. CONSENSUAL RELATIONSHIPS

For faculty and staff sexual or amorous relationships, please see DH(LOCAL) Policy.

XIV. RISK REDUCTION

The following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network):

Avoiding Dangerous Situations

• Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
• Try to avoid isolated areas. It is more difficult to get help if no one is around.
• Walk with purpose. Even if you don’t know where you are going, act like you do.
• Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
• Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
• Make sure your cell phone is with you and charged and that you have cab money.
• Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know.
• Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.

In a Social Situation

1. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
2. Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
3. Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
4. Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
5. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.
6. If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).

If Someone Is Pressuring You

If you need to get out of an uncomfortable or scary situation here are some things that you can try:

• Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.
• Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with.
• Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
• Have an exit strategy. If you don’t want to hurt the person’s feelings it is better to make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.
• Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
• If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.

XV. ON- & OFF-CAMPUS RESOURCES

Student Code of Conduct Special Provisions for Sexual Misconduct & Other Sensitive Issues

• Advisor/Advocate: All parties to sexual misconduct complaints have the right to an advisor/advocate from the community to assist and support in connection with report proceedings. TCCD does not disallow any advisor, but does prohibit any advisor from speaking during any meeting or grievance procedure.
• Sexual History/Character: All parties to a complaint have a right not to face questions or discussion of their sexual history or character unless the administrative officer decides that such information is highly relevant to determining whether the policy has been violated.
• Right to Know Outcome and Sanctions: The reporting party and the responding party both have the right to know the outcome and sanctions.
• Right to Be Informed of the Reporting and/or Respondent’s (Appeal Request) Status: The parties will be informed by the Title IX Coordinator or his designee if any of the parties to the report requests an appeal.
• Right to Appeal: A reporting party or respondent has the right to appeal. A student shall be informed of his/her right to file a complaint with the United States Department of Education, Office of Civil Rights.
• Right to be Informed of Policy: Information regarding this protocol and any accompanying procedures shall be distributed annually to College District employees and students in a manner calculated to provide easy access and wide distribution, such as through electronic distribution and inclusion in major College District publications. Information regarding the policy and procedures shall also be prominently published on the College District’s website. Copies of the policy and procedures shall be readily available at the College District’s administrative offices.
• Right Not to be Dissuaded from Participating in Law Enforcement Processes: TCCD encourages any victim of a crime, especially sexual assault, stalking, domestic or dating violence, to file a report with the appropriate law enforcement department. A complainant has the right to file said report before they alert TCCD of the allegation of sexual misconduct or after they have participated in an on campus administrative process. TCCD would never dissuade a victim from seeking remedies from the criminal justice system. The Title IX Coordinator, any Deputy Coordinator or TCCD police officers can assist any victim with contacting the appropriate law enforcement agency should they require such assistance.

Federal Statistical Reporting Obligations

Certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct, campus law enforcement, local police, coaches, athletic directors, student development staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Federal Timely Warning Reporting Obligations

In an effort to provide timely notice to the TCCD community, and in the event of a crime which may pose a serious or ongoing threat to members of the TCCD community, a “Timely Warning” will be sent to all students and employees via the TCCD email system. In the event of a failure in email, Timely Warning notices may also be disseminated by placing posters in the building lobbies. These alerts will be prepared and approved by the Vice Chancellor for Administration and General Counsel Follow-up information will be disseminated via the TCCD email system.

Timely Warnings are usually distributed for the following Uniform Crime Reporting Program (UCR)/National Incident Based Reporting System (NIBRS) classifications: major incidents arson, criminal homicide, and robbery. Incidents of aggravated assault and sex offenses are considered on a case-by-case basis, depending on the facts of the case and the information known by TCCD. For example, if an assault occurs between two students who have a disagreement, there may be no on-going threat to other TCCD community members and a Timely Warning may not be distributed. In cases involving sexual assault, they are often reported long after the incident occurred, thus there is no ability to distribute a “timely” warning notice to the community. Sex offenses will be considered on a case by case basis depending on when and where the incident occurred, when it was reported, and the amount of information known by TCCD. Timely Warnings may also be posted for other crime classifications, as deemed appropriate.

Sex Offender Registry

The federal “Campus Sex Crimes Prevention Act”, enacted on October 28, 2000, went into effect October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a state to provide notice, as required under state law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers services or is a student. Information regarding sexual offenders is available through the Texas Department of Public Safety’s Sex Offender Registry.

If conflicts arise in policy, practices, or procedures in this document, the Tarrant County Board Policy Manual shall supersede this document.