Title IX-Student Equity Assurance Resources

Nondiscrimination Statement

Tarrant County College (TCC) does not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, genetic information or veteran status in its application and admission processes, educational programs and activities, facilities, or employment policies, procedures and processes.

TCC will refer reports of violation to the applicable district office who will promptly investigate and resolve all complaints of discrimination, harassment, and related retaliation in accordance with applicable federal and state laws. TCC takes actions to prevent retaliation against individuals who report or file a charge of discrimination or harassment; participate in an investigation or oppose any form of discrimination or harassment.

Any employee who experiences, observes, or becomes aware of discrimination, sexual harassment, and/or related retaliation must promptly report the incident(s) unless they are a licensed health care provider or a licensed counselor acting in this capacity as part of their official employment with TCC. Students and non-affiliated members of the public are encouraged to report incidents, but not required.

The following person(s) has been designated to handle inquiries regarding TCC’s nondiscrimination policies:

Students can submit reports to:

Kory Levingston
District Title IX Coordinator
300 Trinity Campus Circle
Fort Worth, Texas, 76102  
817-515-5234

hrtitleix@tccd.edu 

TCC Human Resources – District Title IX Office

Employees can submit reports to:

Vanessa Jones
Director of Employee Relations
300 Trinity Campus Circle
Fort Worth, Texas, 76102
817-515-5053

hremployeerelations@tccd.edu

TCC Human Resources – District Employee Relations Office

How to Report

1. Reports can be made via the following options:
   1. In-person or virtual appointments
      1. District Title IX Office; Email: hrtitleix@tccd.edu; Phone: 817-515-5234    
      2. The Deputy Title IX Coordinator assigned to your specific campus.
   2. Online/Anonymous reporting
      1. Title IX/Sexual Misconduct/Discrimination Reporting Form at click here.
      2. Anonymous reports can be made via the Title IX / Sexual Misconduct / Discrimination Reporting Form at click here. 
      3. Employees who have a duty to report must also inform the Title IX Coordinator and can do so via the Title IX / Sexual Misconduct / Discrimination Reporting Form at click here.
   3. While verbal reports of sexual misconduct will be received and responded to as appropriate considering the wishes of the reporting individual(s) and the circumstances of each case, TCCD strongly recommends reports of Title IX and Sexual Misconduct be submitted in writing. The complaint should identify the parties involved; describe the policy violation, including when and where it occurred; and identify by name or description any witnesses and/or evidence. Complaints will be treated as confidentially as practical and shared only on a need-to-know basis.

   4. 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.  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.

   5. 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.

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

FFDA — Freedom from Discrimination, Harassment, and Retaliation: This policy addresses complaints of sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation targeting students. For additional legally referenced material relating to discrimination, harassment, and retaliation, including the Clery Act, see FA(LEGAL). For sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation targeting employees, see DIAA.

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).

Mandatory Reporter

All TCCD employees, with the exception of Confidential Employees, who in the course and scope of their employment witnesses or receives information regarding an incident that the employee reasonably believes to constitute Sexual Assault, Sexual Harassment, Dating Violence, or Stalking which is alleged to have been committed by or against a person, who was a student at or an employee of TCCD at the time of the incident, must promptly report the incident to the Title IX Coordinator.

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.

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. 

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 DIAA (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

• Withholding Diploma: The College District shall have the authority to block registration or withhold transcripts, grades, diplomas or other official records if the action is reasonably necessary to preserve the College District’s ability to enforce disciplinary rules.
• Other Actions: In addition to or in place of the above sanctions, Tarrant County College may assign any other sanctions found in the Student Handbook  as deemed appropriate.

Examples of employee sanctions are:

• Warning – Verbal or Written;
• Probation;
• Loss of merit or other raises;
• Reduction in salary;
• Reduction in rank with loss of salary;
• Revocation of tenure;
• Suspension with or without pay for a specific period of time;
• Termination; and/or
• Other corrective action(s) as deemed appropriate under the circumstances.

Long-term Remedies/Other Actions

Following the conclusion of the resolution process, and in addition to any sanctions implemented, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the harassment, discrimination, and/or retaliation, remedy the effects, and prevent reoccurrence.

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

Other Important Reporting Topics

False Claims

Please see FFDA (LOCAL) 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.

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.

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.

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.

On and Off-Campus Resources

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

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

Rights of Complainants and Respondents

• The right to an equitable investigation and resolution of all credible allegations of prohibited harassment, discrimination, and/or retaliation made in good faith to Tarrant County College officials.
• The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
• The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
• The right to be informed in advance of any public release of information by Tarrant County College regarding the allegation(s) or underlying incident(s), whenever possible.
• The right not to have any personally identifiable information released by Tarrant County College to the public without consent provided, except to the extent permitted by law.
• The right to be treated with respect by Tarrant County College officials.
• The right to have Tarrant County College policy and procedures followed without material deviation.
• The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
• The right not to be discouraged by Tarrant County College officials from reporting sexual harassment, discrimination, and/or retaliation to both on-campus and off-campus authorities.
• The right to be informed by Tarrant County College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by the College in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report. 
• The right to have allegations of violations of Tarrant County College policy responded to promptly and with sensitivity by Tarrant County College law enforcement and/or other Tarrant County College officials.
• The right to be informed of available supportive measures, such as counseling; advocacy; health care; student financial aid; visa, and immigration assistance; and/or other services, both on campus and in the community.
• The right to a Tarrant County College-implemented no-contact order or a no-trespass order against a nonaffiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct.
• The right to be informed of available assistance in changing academic, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available.
• The right to have Tarrant County College maintain such actions for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair Tarrant County College’s ability to provide the supportive measures.
• The right to have the Investigator(s), Advisors, and/or Decision-maker(s) identify and question relevant available witnesses, including expert witnesses.
• The right to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant, may be asked of any party or witness.
• The right to have inadmissible prior sexual predisposition/history or irrelevant character evidence excluded by the Decision-maker.
• The right to know the relevant and directly related evidence obtained and to respond to that evidence.
• The right to a fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
• The right to receive a copy of all relevant and directly related evidence obtained by the investigation, subject to privacy limitations imposed by state and federal law, and a ten (10) business day period to review and comment on the evidence.
• The right to receive a copy of the final investigation report, including all factual, policy, and/or credibility analyses performed, and to have at least ten (10) business days to review and comment on the report prior to the hearing.
• The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant. 
• The right to regular updates on the status of the investigation and/or resolution.
• The right to have complaints addressed by Investigator(s), Title IX Coordinator(s), and Decisionmaker(s) who have received relevant annual training.
• The right to preservation of confidentiality/privacy, as permitted by law.
• The right to petition that any Tarrant County College representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
• The right to have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process.
• The right to the use of the appropriate standard of evidence, preponderance of the evidence, to make a finding after an objective evaluation of all relevant evidence.
• The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.
• The right to have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to sanctioning.
• The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process (if any) and a detailed rationale of the decision delivered simultaneously (without undue delay) to the parties.
• The right to be informed in writing of when a decision by the institution is considered final and any changes to the final determination or sanction(s) that occur post Notification of Outcome.
• The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal.

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.