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 includes acts of verbal, non-verbal, or physical aggression, intimidation, or hostility 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 see FFDA[LOCAL].
The College prohibits harassment of any student, including sexual harassment, whether perpetrated by any College employee, College representative, or another student. Prohibited harassment is defined as physical, verbal or nonverbal conduct based on the student’s race, color, age, religion, gender, national origin, sexual orientation, disability, or on any other basis prohibited by law, that is so severe, persistent, or pervasive that the conduct:
- 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;
- Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
- 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 discrimination and/or Title IX related violation of the student handbook, please complete and submit the online report form.
Smart Phone Access Reach Out App:
Visit the Google Play or Apple Store to download Reach Out College Edition.
Applicable Laws
There are three federal laws that establish responsibilities for all College employees to report crimes and incidents, including sexual misconduct - the Clery Act, Tittle VII, Title IX Texas Senate Bill 968. 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 Tarrant County 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 - 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, sexual orientation, religion, gender, physical or mental disability, veteran status, 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, 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: Ricardo Coronado, Ph.D., SPHR
Position: Associate Vice Chancellor for Human Resources
Address: 1500 Houston Street Fort Worth, TX 76102-6599
Telephone: 817-515-5234
Email: ricardo.coronado@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 FFDA[LOCAL].
See list of Title IX coordinators and contact information.
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 Texas S. B. No. 968 you are required to complete the program by the end of your first semester. To access #NotAnymore program, log into your myTCC account; the link is to the left under myTCC.
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 (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. 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 of the 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 Vice President for Student Development Services Office, Associate Vice Chancellor for 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 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 will 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 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 Office of Human Resources.
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, including reports against the Title IX coordinator may be directed to the campus president. For additional information see FFDA Local and DIAA Local.
- 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 this policy. If so, the College official shall immediately authorize or undertake an investigation.
- If appropriate, the College shall promptly take interim action calculated to address prohibited conduct during the course of an investigation.
- 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.
- The investigation may consist of recorded personal 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.
- Once the investigation has been completed, a student conduct administrative conference shall be scheduled. The student conduct administrative conference shall be held within ten College business days following the review of the initial investigation summary to the Title IX coordinator. In all instances under this policy, the person making the report and the person against whom the report is filed shall be notified of the conference via their TCC student e-mail address.
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 College conduct proceedings remains as a preponderance of evidence.
Appeal
A student who is dissatisfied with the outcome of the investigation may appeal through FMA[LOCAL] 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:
Dallas Office
Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, Texas 75201-6810
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.
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