Title IX-Student Equity Assurance Resources

Nondiscrimination Statement

The College prohibits all forms of sexual and gender-based misconduct, including sexual harassment, sexual violence (non-consensual sexual contact and non-consensual sexual intercourse), sexual assault, sexual exploitation, domestic violence, dating violence, stalking, and aiding or facilitating the commission of a violation of this Policy. The College also prohibits hostile environment harassment, which is an occurrence where there was harassing conduct that was sufficiently serious to deny a person’s ability to participate in or benefit from the College’s program based on sex. Sexual and gender-based misconduct can occur between people of different sexes or genders or of the same sex or gender. Retaliation against anyone involved in the reporting process is a violation of College policy and is prohibited.

Prohibited harassment of a student is defined as physical, verbal or nonverbal conduct based on the student’s race, color, age, religion, national origin, disability, or on any other basis prohibited by law, that is so severe, persistent, or pervasive that the conduct:

1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
3. Otherwise adversely affects the student’s educational opportunities.

How to Report

The College may request, but shall not require, a written report. If a report is made orally, the College official shall reduce the report to written form. If you’d like to make a report regarding a discrimination and/or Title IX related violation please complete and submit the online report form.

Smart Phone Access Reach Out App:f

Visit the Google Play or Apple Store to download Reach Out College Edition.

Applicable Laws

Federal and State laws that establish responsibilities for all College employees to report crimes and incidents, including sexual misconduct - the Clery Act, Title VII, Title IX, and Texas Senate Bill 212. Each of these areas of federal and state law has a different purpose, but generally, the laws are intended to protect members of the College community, visitors, and guests from criminal and discriminatory behaviors. The responsibilities established by these laws give rise to the term “mandated reporter” and “responsible employee.”

Policy

The following section outlines the College’s policies regarding mandated reporting of suspected discrimination, including harassment, based on membership in a protected class. These policies are in place to make the College community aware of one’s mandatory duty to report possible discrimination and the process for doing so. Sexual harassment, which includes acts of sexual violence, stalking, dating and domestic violence are all forms of sex discrimination.

Title IX

TCCD Interim Title IX Policy and Procedure - This student policy addresses complaints of sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and retaliation targeting students, including claims against other students, employees, and third parties. For legally referenced material relating to discrimination, harassment, and retaliation, see FA(LEGAL). For sex discrimination, sexual harassment, sexual assault, and retaliation regarding employees as responding parties, see DIAA(LEGAL).

Non-Gender Based Discrimination

TCC is committed to maintaining an environment free from harassment and discrimination for everyone and Tarrant County College does not discriminate on the basis of race, color, national origin, religion, disability, or age in its programs and activities and provides equal access to the services and other programs at the College see FFDB(LOCAL).

FFDB - This student policy addresses complaints of discrimination, harassment, and retaliation based on race, color, national origin, age, religion, or disability targeting students, including claims against other students, employees, and third parties. For legally referenced material relating to this subject matter, see FA(LEGAL). For discrimination, harassment, and retaliation regarding employees as responding parties based on race, color, national origin, religion, or disability, see DIAB(LOCAL).

The following person has been designated to handle inquiries regarding the nondiscrimination policies and serves as the College Equity, Title IX /Section 504 Coordinator:

Name: Kory Levingston
Position: Interim District Title IX Coordinator
Address: 300 Trinity Campus Circle, Fort Worth, TX, 76102
Telephone: 817-515-5543
Email: hrtitleix@tccd.edu

Responsible Employee

The College designates the following persons as “responsible employees”: all instructors, all administrators, and/or any College official defined below. As a responsible employee they are required to report all relevant details of the incident to the Title IX Coordinator, including names of those involved, date, time and specific location (if known). If you wish to maintain confidentiality or request that no investigation be conducted, you should notify the responsible employee of those requests at the time you make your report. The responsible employee will inform the Title IX Coordinator of your requests. In considering such requests, the Title IX Coordinator must weigh the requests against the College obligation to provide a safe, non-discriminatory environment for all members of our community, including you. Please keep in mind that honoring your requests may limit the College’s ability to thoroughly investigate.

See list of Title IX coordinators and contact information.

Transcript Notation

The Texas Education Code (House Bill 449) requires institutions of higher education to include a “notation” on a student’s transcript when the student is ineligible to re-enroll in the institution for a reason other than an academic or financial reason. This encompasses all disciplinary action.

Texas State Mandated Student Awareness Program

At Tarrant County College (TCC) we pride ourselves on providing an engaging and meaningful college experience, in a safe and healthy environment. To that end, TCC requires all students complete #NotAnymore, an online interpersonal violence prevention awareness program from Student Success™. This brief video-based program will provide critical information about consent, bystander intervention, sexual assault, dating and domestic violence, stalking, and much more. #NotAnymore will help you better understand how vitally important these issues are and what you can do to help make TCC a safe community.

The online program is now available to complete. In compliance with HB No. 1745, you are required to complete the program by the end of your first semester. To access #NotAnymore program, log into your student account.

The information presented in the program contains sensitive material involving sexual and interpersonal violence. While trigger warnings and resources are provided throughout the program, we understand such programming may be problematic for some viewers. Please contact your campus Deputy Title IX Coordinator for confidential support and/or resources.

Reporting Options

Confidentiality

Faculty and staff 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 individuals may maintain your complete confidentiality, offering options and advice without any obligation to tell anyone, unless you want them to. Other individuals are expressly there to report crimes and policy violations and will take action when you report your victimization to them.

Anonymous Reporting Option

The College has established an anonymous reporting mechanism to enable anyone to report anonymously and privately any policy violations known or observed. Individuals who experience or witness sexual harassment, sexual misconduct, interpersonal violence, or stalking may submit an anonymous report online. If a person reports sexual harassment using the anonymous reporting form, TCC will investigate as thoroughly as possible given the information provided. Students should be aware that TCC 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, TCC’s ability to respond may be limited.

Confidential Reporting Options

If you desire that details an incident be kept confidential, you should speak with an on-campus counselor or off-campus rape crisis resources, who will maintain confidentiality. Campus counselors are available to help free of charge. In addition, you may speak to off-campus members of the clergy and chaplains, who will also keep reports confidential. Counselors and health care providers are not designated by TCC as Campus Security Authorities and therefore, 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 Title IX Coordinator, Deputy Title IX Coordinator, Vice President for Student Affairs Office, Executive Director of Human Resources, 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 however, it does mean that only people who need to know will be told, and information will be shared as necessary with investigators, witnesses and the responding party. To the greatest extent possible, the College shall respect the privacy of the reporting party, 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 reporting party is participating in the criminal process (i.e. law enforcement is investigating the complaint) TCC may pause its administrative investigation while law enforcement conducts fact-finding. TCC 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 reporting party reports sexual harassment and requests confidentiality or asks that the report not be pursued, TCC will take all reasonable steps to investigate and respond to the report consistent with the request for confidentiality or request not to pursue an investigation. The College will obtain consent from the reporting party before beginning an investigation unless the College determines it must investigate and resolve the complaint in order to protect the community. If a reporting party insists that his/her name or other identifiable information not be disclosed to the responding individual, the College’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, TCC will take all reasonable steps to investigate and respond to the report consistent with the student’s request as long as doing so does not prevent TCC from responding effectively to the harassment and preventing harassment of other students or employees. At the same time, TCC 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 TCC policy to retaliate against an individual reporting an incident, 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.

Timely Reporting

Although, reports can be submitted at any time, reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. Failure to immediately report may impair the College’s ability to investigate and address the prohibited conduct.

Administrative Process

The Title IX Coordinator and Deputy Title IX Coordinators oversee the resolution of discrimination based on sex and Title IX related referrals. Referrals involving students will be addressed by the campus assigned Deputy Title IX Coordinator. Referrals involving an employee, as a responding party will be investigated, through the District Title IX Office.

Note: Anyone submitting a report shall not be required to report prohibited conduct to the person alleged to have committed the conduct. Reports concerning prohibited conduct may be reported to the Titile IX Coordinator, Deputy Title IX or Coordinator. Reports against the Title IX coordinator may be directed to the Executive Director of Human Resources. For additional information see TCCD Interim Title IX Policy and Procedure.

1. All reports of discrimination, sexual harassment and/or bias related retaliation will be referred to the Title IX Coordinator or designee. Upon receipt, the Title IX Coordinator or designee shall determine whether the allegations, if proven, would constitute prohibited conduct as defined by policy. If so, the College official shall immediately authorize or undertake an investigation.
2. If appropriate, the College shall promptly take interim action calculated to address prohibited conduct during the course of an investigation.
3. The investigation may be conducted by the College official or a designee, or by a third party designated by the College, such as an attorney.
4. The investigation may consist of interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations. Both the person making the report and the person against whom the report is filed shall be notified that they may have an advisor present throughout the process, and present witnesses and evidence as part of the investigation.
5. Once the investigation has been completed, the applicable adjudication process will follow. In all instances, the person making the complaint and the person against whom the complaint is filed shall be notified of the outcome.

Evidentiary Standard

A preponderance of evidence means a greater weight of evidence or more likely than not. Even in cases, which make reference to federal, state, or local criminal statutes or ordinances, the burden of proof in the  College’s conduct proceedings remains as a preponderance of evidence.

Appeal

A student who is dissatisfied with the outcome of the investigation may appeal through FM (REGULATION) at step three. The person making the report and the person whom the report is filed shall be informed of their rights to file a complaint with the U.S. Department of Education Office for Civil Rights.

To report a complaint directly to the Department of Education, Office of Civil Rights, contact:

Office for Civil Rights
Dallas Office
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, Texas 75201-6810

Telephone: 214-661-9600
TDD: 800-877-8339
Fax: 214-661-9587
Email: OCR.Dallas@ed.gov

TCC Police Department’s Victim Assistance Unit

The department supports victims and families by providing services designated to lessen trauma experienced as a direct result of victimization. Services are available 24 hours a day 7 days a week.

Sexual Misconduct Protocol

Tarrant County College (TCC or “the College”) 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 settings and activities of TCC, whether on College property or off. This covers all students (“student” means a person who is currently enrolled in the College, accepted for admission or readmission to the College, or who has been enrolled in the College during a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the College while that person is on campus; defined in FLA(LOCAL), employees (“employee” includes former employees and applicants for employment), and other individuals who have a relationship with TCC that enables TCC to exercise some control over the individual’s conduct in places and activities that relate to the College’s work (e.g., contractors, vendors, etc.).

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 College’s commitment to:

• Foster a campus climate 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 accomplish the following:

1. 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.
2. To identify how students can report sexual misconduct to the College confidentially or privately and what resources are available both on and off campus to aid them.
3. To identify how employees can report sexual misconduct to the College and what resources are available both on and off campus to aid them.
4. To provide information about how complaints are assessed, investigated and resolved.
5. To provide the College 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.

To access all these TCC resources and reporting details on your smartphone please visit Google Play or Apple Store to download Reach Out College Edition. Then select your respective Tarrant County College campus. TCC Connect Campus students and employees should select the Trinity River Campus.

Notice of Coordination with Non-Discrimination Policy & Notice of Non-Discrimination

TCC recognizes that it is important to coordinate this protocol with existing College 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 College will work to use all relevant policies respectively to address the complaints and will coordinate the investigation and resolution efforts.

TCC 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 College 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 College policy governing resolution of employee complaints, see DGBA([LOCAL) and TCCD Interim Title IX Policy and Procedure.
• For the full College policy addressing discrimination, harassment, and retaliation involving College employees, see TCCD Interim Title IX Policy and Procedure.
• For the full College policy 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.
• For the full College policy addressing discrimination, harassment and retaliation involving race, color, national origin, religion, or disability, College students, see 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, that endangers the mental or physical health or the safety of 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(LOCAL);
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 College property, at a College-sponsored or College-related activity, or in a vehicle operated by the College, as defined further in FFE(LOCAL).

Consent & Incapacitation

To consent means to outwardly express agreement for sexual activity. Consent can be a verbal “yes.” It can also be demonstrated non-verbally with actions that clearly tell the other person that s/he is willingly and freely engaging in sexual contact. Consent cannot be inferred through silence or lack of resistance. Consent to one activity does not constitute consent to other sexual acts. Past sexual activity does not constitute consent for future acts. If at any time consent is uncertain, the initiating party should stop and obtain verbal consent. Consent can be withdrawn at any time.

A person who is incapacitated for purposes of this protocol is one who is not legally able to give consent because they are mentally or physically helpless and may not be aware sexual activity is occurring. In the state of Texas, consent can never be given by minors younger than 17 years of age unless permitted by law (Texas Penal Code 22.01).

A person is mentally or physically incapacitated when they have consumed alcohol and/or drugs, legal or illegal, voluntarily or involuntarily, and are in a state where a reasonable person would believe that they are unable to make reasonable judgments or render self-care. Incapacitation includes, but is not limited to, being highly intoxicated, passed out, or asleep. When incapacitation occurs due to alcohol or drug use, indicators of incapacitation may include the following:

An individual may also be in a state known as a “blackout” where they are also incapacitated and while they may appear to give consent, they do not actually have conscious ability to do so. Therefore, it is of particular importance that any two people engaging in sexual activity know the others level of intoxication prior to beginning sexual contact. The standard that shall be applied is whether or not a reasonable person would have known based on the facts and circumstances presented that the other party was incapacitated and therefore, not capable legally of consenting. As to the accused, being under the influence of alcohol or drugs is never a defense to this protocol and does not excuse sexual misconduct.

Title IX Coordinator and Deputy Title IX Coordinators

TCC has designated the individuals in the chart listed below, Title IX Coordinators and Deputy Title IX Coordinators, and as such they are responsible for the oversight of this protocol and any procedures related to it. The Title IX Coordinator or designee 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 College. The Title IX Coordinator or designee also evaluates trends on the six campuses by using information reported to them and makes recommendations for campus or College-wide training and education programs. The Title IX Coordinator or designee also works with the 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 Title IX Coordinator assigned to the specific campus.

To report a complaint directly to the Department of Education, Office of Civil Rights, contact:

Dallas Office
Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, Texas 75201-6810

Telephone: 214-661-9600
FAX: 214-661-9587
TDD: 800-877-8339
Email: OCR.Dallas@ed.gov

OCR Complaint Form

U.S. Department of Education

Reporting

Any person who believes s/he has 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 for reporting procedures.

TCC 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 Campus Police Department, 300 Trinity Campus Circle, 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 TCC 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. Complaints against students will be investigated and resolved through the Office of the Vice President for Student Affairs. Complaints against employees will be investigated and resolved through the Office of Human Resources. Complaints against contractors, vendors, or other non-permanent employees will be managed by the Office of Human Resources.

Finally, TCC 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 TCC’s anonymous reporting form Report Sexual Misconduct TCC 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, TCC will investigate as thoroughly as possible given the information provided. Persons should be aware that TCC 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, TCC’s ability to respond may be limited.

False Claims

Please see TCCD Interim Title IX Policy and Procedure and FFDB(LOCAL) for Policy on reporting false claims.

Jurisdiction and Reporting Timeframes

Because sexual misconduct that occurs off-campus is likely to impact a person’s work, academic, or extracurricular experience, the College assumes jurisdiction to adjudicate off campus complaints should they become known. In addition, the College encourages prompt reporting of all allegations of sexual misconduct so that the College can respond promptly and equitably; however, the College does not limit the timeframe for reporting. If the accused person is no longer affiliated with the College at the time the report is made, then the College 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.

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, student and employee victims should be aware of confidentiality and mandatory reporting obligations for all employees, 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.

Reporting Options - Reporting to a TCC Designated “Confidential Employee”

If you desire that your name be kept confidential, you should speak with on-campus counselors or off-campus domestic violence or rape crisis resources, who will maintain your name confidential. 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. TCC counselors are not designated by TCC as Campus Security Authorities and therefore, they are not required to report crime statistics for Clery Act purposes. They are also considered “confidential employees” for the purposes of Senate Bill 212 and are only required to report the type of incident (sexual harassment, sexual assault, dating violence, or stalking) but not your name or other identifying information to the Title IX Coordinator.

General 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 Affairs Office, Title IX Coordinator, Deputy Title IX Coordinator and College Police, or their designees. You have the right and can expect to have incidents of sexual misconduct, including but not limited to sexual harassment, sexual assault, dating violence, or stalking, to be taken seriously by the college when reported, and to have those incidents investigated and properly resolved through administrative procedures. Your report will remain confidential and people who need to know will be told, and information will be shared as necessary with investigators, witnesses, the accused individuals, and those with a legitimate business need to know the information. To the greatest extent possible, the College shall respect the privacy of the victim/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, TCC may pause its administrative investigation while law enforcement conducts fact-finding.

If the complainant reports sexual harassment and requests anonymity or asks that the complaint not be pursued, TCC will take all reasonable steps to investigate and respond to the complaint consistent with the request for anonymity 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 College’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, TCC 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 TCC from responding effectively to the harassment and preventing harassment of other students or employees. At the same time, TCC will evaluate the request for anonymity in the context of its responsibility to provide a safe and nondiscriminatory environment for all members. It is a violation of TCC 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 decision making process of the alleged misconduct. All attempts will be made to avoid any conflicts of interest.

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 College investigations are separate and may be conducted simultaneously. TCC will not wait for the completion of a criminal investigation in order to respond although TCC may pause the administrative investigation while law enforcement conducts initial fact finding. TCC 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 TCC Police Department immediately at 817-515-8911. Other campus personnel such as as the Title IX Coordinator, Deputy Title IX Coordinators, Director of Student Conduct, faculty, staff or counselors may assist you 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 TCC 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.

Protection Orders and No Contact Orders

If the accused individual is a member of the TCC community, a no contact letter may 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 Affairs or Human Resources, if deemed appropriate.

For more information on protective orders.

Important Phone Numbers:

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

Interim, Supportive, and Protective Measures

TCC may implement supportive and 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, counseling, and/or referrals to external resources. Once a complaint of sexual harassment is alleged, both the complainant and the respondent may be provided with “No Contact” directives as an interim measure during the investigative inquiry.

Investigation and Resolution

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 College 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 (reporting party, responding party, witnesses) and the collecting of any documentation or evidence relevant to the allegation. Mediation and other forms of information resolution may be considered in some cases with the approval of the Title IX Coordinator and in accordance with College District policies and Title IX regulations. TCC reserves the right to determine, consistent with State and local law, whether appropriate law enforcement or other authorities should be notified.

After meeting with the reporting party, interviewing, identifying witnesses and the like, the investigator will send the respondent a notice of investigation. The notice of investigation will include a description of the alleged misconduct, the conduct code provisions that are alleged to have been violated, and the requirement that the respondent must set up a meeting with the investigator within the time frame designated in the notice. The notice shall be sent to the student’s TCC e-mail address; it may also be hand-delivered or sent to the mailing or permanent address appearing in the College’s student information system, or police report. Notice to the student will be considered furnished on the date of hand-delivery, on the date e-mailed, or three days after the date the notice is placed in the U.S. mail.

A respondent will have the opportunity to respond to the allegations, present relevant information, and identify relevant witnesses and other evidence. The complainant and the respondent shall have the right to present relevant information to the investigator, to have an advisor present during any meetings with them, and to receive a copy of the investigator’s report at the conclusion of the investigation and appropriate review, to the extent permitted by law. 

If the respondent is unresponsive, does not schedule or attend a meeting related to the investigation by the date specified in the notice, or if the respondent schedules a meeting but does not attend or attends but does not participate, the investigator may complete the investigation based on the information obtained. The investigator may use police investigative reports in the investigation.

The investigator will discuss campus support services (supportive measures) available to the parties. The investigator will discuss with the complainant whether she/he has classes with the charged student and will take steps as needed to protect the complainant or the campus prior to the outcome of the investigation. The investigator will discuss with both the complainant and the accused party potential class moves, academic assistance, identifying resources for medical and/or mental health support, access to peer support initiating no-contact orders, and interim suspensions as s/he deems necessary and appropriate. Support offered will be ongoing and continuing as appropriate.

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 TCC policy will be subject to appropriate disciplinary action including and up to termination of employment.
• Any faculty member found responsible for violating TCC policy will be subject to appropriate disciplinary action including and up to termination of employment.
• Any student found responsible for violating TCC policy 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 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 FM(REGULATION) and DGBA(LOCAL).

Non-retaliation

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

Consensual Relationships

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

Risk Reduction

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

1. 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.
2. Try to avoid isolated areas. It is more difficult to get help if no one is around.
3. Walk with purpose. Even if you don’t know where you are going, act like you do.
4. Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
5. Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
6. Make sure your cell phone is with you and charged and that you have cab money.
7. Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know.
8. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
9. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the event, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
10. Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, get a new one.
11. 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.
12. 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.
13. 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).
14. If you need to get out of an uncomfortable or scary situation here are some things that you can try:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
15. 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?
16. 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.

On and Off-Campus Resources

• On Campus Counseling
• On Campus Health Services
• Off Campus Resources

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

1. Advisor/Advocate - All student parties to sexual misconduct complaints have the right to an advisor/advocate from the community to assist and support in connection with grievance proceedings. TCC does not disallow any advisor but does prohibit any advisor from speaking during any meeting or grievance procedure.
2. 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.
3. Right to Know Outcome and Sanctions - The complainant and the accused party both have the right to know the outcome and sanctions.
4. Right to Be Informed of Complainant’s and Respondent’s Review (Appeal) Status - The parties will be informed by the Title IX Coordinator or his designee if any of the parties to the complaint requests an appeal.
5. Right to Appeal - A complainant 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.
6. Right to be Informed of Policy - Information regarding this protocol and any accompanying procedures shall be distributed annually to College employees and students in a manner calculated to provide easy access and wide distribution, such as through electronic distribution and inclusion in major College publications.  Information regarding the policy and procedures shall also be prominently published on the College Website.  Copies of the policy and procedures shall be readily available at the College’s administrative offices. 
7. Right Not to be Dissuaded from Participating in Law Enforcement Processes - TCC 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 TCC of the allegation of sexual misconduct or after they have participated in an on campus administrative process.  TCC would never dissuade a victim from seeking remedies from the criminal justice system. The Title IX Coordinator, any Deputy Coordinator or TCC 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 affairs 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 TCC community, and in the event of a crime which may pose a serious or ongoing threat to members of the TCC community, a “Timely Warning” will be sent to all students and employees via the TCC 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 TCC 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 TCC. For example, if an assault occurs between two students who have a disagreement, there may be no on-going threat to other TCC 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 TCC. 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.

Rights of Student Victims/Students Who Have Experienced Harm: Student Conduct Proceedings

Victims of crime are guaranteed certain rights as required by federal and state law. All victims/students will have the following rights: 

1. The right to have any and all alleged violations treated with seriousness;
2. The right to be treated with dignity;
3. The right to pursue any and all avenues of redress;
4. The right to be informed of College resources, including, but not limited to, the TCC Police, counseling services, Title IX, and student health services;
5. At the victim’s option, the right to have alleged violations handled through the student conduct process and resolved through the Office of the Vice President for Student Affairs or designee; and
6. The right, upon request, to have reasonable steps taken by a Student Conduct Administrator to prevent any unnecessary or unwanted contact with students allegedly in violation.

Victims/Students who have experienced harm are guaranteed the rights listed above in addition to the following:

1. The right to have legal counsel and/or other advocates present at any College student conduct proceeding, as appropriate to comply with all relevant laws;
2. The right to have only those questions relevant to the alleged violations asked during the disciplinary information gathering process. The Student Conduct Officer and Administrator may exclude statements and questions concerning the prior sexual history of any party if deemed irrelevant;
3. The right to provide a victim’s impact statement verbally or in writing to the Student Conduct Officer, and Student Conduct Administrator.
4. The right to be present and hear all information and evidence related to the alleged violation(s);
5. The right to be notified of the outcome of disciplinary proceedings. Requests to be notified of disciplinary proceeding outcomes will be granted to any student who experienced harm; and
6. The right to submit a statement to be considered during any appeal process.

There are several offices available to assist victims of crime/students who have experienced harm on campuses including the TCC Police, Health Services, Advising & Counseling Office, the Student Conduct Officer and the Office of the Vice President for Student Affairs.

Title IX Reporting Information and Resources

Tarrant County College (TCC) is committed to the elimination of sexual harassment, sexual assault, sexual misconduct, relationship violence, dating violence, domestic violence, and stalking within the TCC community. These incidents may interfere with or limit an individual’s ability to benefit from or fully participate in the College’s educational programs. Additionally, these incidents may cause serious physical and/or psychological harm. TCC maintains a comprehensive program to prevent these behaviors, provides resources to assist and support those who are involved in such incidents, and will respond promptly and equitably to reports of sexual misconduct, relationship violence, and stalking.  TCC has a responsibility to eliminate the behavior, prevent its recurrence, and address its effects on any individual and/or the community.  Retaliatory actions against any individual involved in reporting or participating in the investigation of a complaint will not be tolerated.

For complete policy and process information regarding incidents involving a student as a Responding party, please refer to Student Handbook and/or the Sexual Misconduct Protocol.

Related Definitions

1. Consent means to outwardly express agreement for sexual activity. Consent can be a verbal “yes.” It can also be demonstrated non-verbally with actions that clearly tell the other person that s/he is willingly and freely engaging in sexual contact. Consent cannot be inferred through silence or lack of resistance. Consent to one activity does not constitute consent to other sexual acts. Past sexual activity does not constitute consent for future acts. If at any time consent is uncertain, the initiating party should stop and obtain verbal consent. Consent can be withdrawn at any time.
2. Dating Violence means abuse or violence, or a threat of abuse or violence, against a person with whom the actor has or has had a social relationship of a romantic or intimate nature.
3. Domestic Violence includes actual physical abuse, an attempt to harm another, placing another in fear of imminent, serious, physical harm, or causing another to engage in sexual relations by force, threat of force, or duress.
4. Sexual Assault means sexual contact or intercourse with a person without the person’s consent, including sexual contact or intercourse against the person’s will or in a circumstance in which the person is incapable of consenting to the contact or intercourse.
5. 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.
6. Sexual Harassment means unwelcome, sex-based verbal or physical conduct that:
   1. In the employment context, unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment; or
   2. In the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities.
7. Sexual Misconduct is 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.
8. Stalking means a course of conduct directed at a person that would cause a reasonable person to fear for the person’s safety or to suffer substantial emotional distress.

Law Enforcement Reporting Options

The College encourages any individual who has experienced sexual harassment, sexual misconduct, relationship violence, stalking, or any other crime to make a report to the TCC Police Department (817-515-8911) if the incident occurred on campus, or to local law enforcement, for incidents occurring off campus. TCC Police Department’s Victim Assistance Unit is available to assist students in making a report to law enforcement.

Anonymous Reporting Option

The College has established an anonymous reporting mechanism to enable anyone to report anonymously and privately any policy violations known or observed. Individuals who experiences or witnesses sexual harassment, sexual misconduct, interpersonal violence, or stalking may submit an anonymous report on line. Report Sexual Misconduct If a person reports sexual harassment using the anonymous reporting form, TCC will investigate as thoroughly as possible given the information provided. Persons should be aware that TCC 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. 

Title IX Administrators and Contact Information

Access to Assistance and Resources

A comprehensive listing of contact information for on- and off-campus assistance and support resources for reporting and responding parties can be found on the TCC website. A formal complaint does not need to be filed in order to receive assistance and access to resources; however, some remedies may not be available without a full investigation.

Interim Measures
TCC may implement appropriate interim measures for the individuals involved and for the larger College community based on the information provided in the report and at no cost to the reporting party.  Interim measures may be put in place or modified at any point after a report is received and can be implemented even if a formal investigation is not able to proceed.  Such interim measures include, but are not limited to assistance in the following categories:

• Administrative directives for no contact
• Academic (e.g. changes to course schedules, changes to meeting locations, etc.)
• Transportation
• Employment (e.g. changes to on-campus employment or co-op employment)
• Facility Access
• Activities
• Campus Escort (provided by College Police officers)

Interim measures may be implemented at a later time, even if originally declined, and any put into effect will remain in place until the College determines that they are no longer necessary. To access all TCC resources and reporting details on your smart phone, please visit Google Play or Apple Store to download Reach Out College Edition. Once the app is downloaded, select your respective Tarrant County College campus. TCC Connect Campus students and employee should select the Trinity River Campus.

Process Rights

All Reporting and Responding parties shall be entitled to the same rights in all investigations and resolution processes relating to reports of sexual misconduct, relationship violence, and/or stalking. Reporting and Responding parties will be advised of their rights, in writing, during their first meeting with the Deputy Title IX Coordinator or designee.

Reporting and Responding parties have the right to:

• Be notified of the alleged violations of College policy;
• Be provided advanced notice of all meetings in which they are requested or entitled to participate and notified of the purpose of those meetings;
• Be accompanied by an Advisor of the Reporting or Responding parties’ choice throughout the investigation and resolution process;
• Request reasonable modifications in order to ensure full and equitable participation in the investigation and resolution process;
• Be informed of the available resolution options;
• Be informed of campus and community resources available for support and assistance;
• Submit information, including the names of witnesses, for consideration in the investigation;
• Be informed of all parties contacted to participate in the investigation and their relation to the alleged misconduct;
• Review the complete case file upon request by scheduling an appointment with the Deputy Title IX Coordinator or designee;
• Choose not to provide a statement or respond to questions during the investigation and resolution process;
• Submit a written impact statement only to be considered for assigning an appropriate consequence(s) (if applicable);
• Request that an individual responsible for investigating or resolving an alleged violation be removed from the case on the basis of actual or perceived bias; and
• Request one appeal within the College’s process.