APPENDICES

Appendix A - 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.
6. To access all these TCC resources and reporting details on your smart phone 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, DGBA[LOCAL] and DIAA[LOCAL].
• For the full College policy addressing discrimination, harassment, and retaliation involving College employees, DIAA[LOCAL].
• 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 FFDA[LOCAL].
• 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 him/her and makes recommendations for campus or College wide training and education programs. The Title IX Coordinator or designee also works with Campus Police Department to review complaints made solely to campus law enforcement personnel for potential violations of Title IX that may require further remedies. Deputy Title IX Coordinators are responsible for assisting the Title IX Coordinator in overseeing and investigating student and employee complaints under this protocol, providing training and education, and may serve as the decision-maker in student matters regarding alleged violations of this protocol.

To report sexual misconduct, anyone may contact the Title IX Coordinator. Student complaints may also be addressed to the Deputy 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 FFDA[LOCAL] 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, 1500 Houston Street, Fort Worth, Texas 76102, 817-515-5100. For emergencies call 817-515-8911.

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

Even employees and students not named in this protocol should be aware that 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 Development. 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 FFDA 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, victims should be aware of confidentiality and mandatory reporting, in order to make informed choices. On campus, some resources may maintain your complete confidentiality, offering you options and advice without any obligation to tell anyone, unless you want them to. Other resources are expressly there for you to report crimes and policy violations, and they will take action when you report your victimization to them.

Confidential Reporting Options

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

Non-confidential Reporting Options

You are encouraged to speak to college officials to make reports of incidents, including but not limited to the Vice President for Student Development Services Office, Associate Vice Chancellor for Human Resources, and College Police, or their designees. You have the right and can expect to have incidents of sexual misconduct to be taken seriously by the college when reported, and to have those incidents investigated and properly resolved through administrative procedures. Reporting does not mean that your report won’t be confidential, but it does mean that people who need to know will be told, and information will be shared as necessary with investigators, witnesses and the accused. To the greatest extent possible, the College shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses.  Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law. If the complainant is participating in the criminal process, i.e. law enforcement is investigating the complaint, 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 complainant reports sexual harassment and requests confidentiality 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 confidentiality or request not to pursue an investigation. The College will obtain consent from the complainant before beginning an investigation unless the College determines it must investigate and resolve the complaint in order to protect the community. If a complainant insists that his/her name or other identifiable information not be disclosed to the accused individual, the 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 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 bringing a complaint, serving as a witness or providing information for an investigation.

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

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 will 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 faculty, staff or counselors may assist in reporting the sexual assault to the Police Department if the victim so desires. If the assault occurred outside of the college, the local police department where the assault occurred should be called and may be reached by dialing 911. Time is a critical factor for evidence collection and preservation. Filing a police report with the 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 Development 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 Measures and Protective Measures

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

Investigation and Resolution

Please see FFDA Policy 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. TCC will never use mediation as a form of resolution for cases involving sexual assault, stalking, dating or domestic violence. 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.

At the conference, the respondent will have the opportunity to have an advisor present, respond to the allegations, present relevant information, and identify relevant witnesses and other evidence. The reporting party 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. The investigator will follow-up with complainants to determine whether or not any retaliation or new incidents of harassment have occurred and will consider the effects of off-campus conduct when evaluating whether or not there could be a hostile environment on campus.

If the respondent does not schedule or attend a conference by the date specified in the notice, or if the student schedules a conference 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 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, 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 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 FMA[LOCAL] and DGBA[LOCAL].

Non-retaliation

Non-retaliation provisions are located in FFDA[LOCAL] and DIAA[LOCAL] Policies.

Consensual Relationships

For faculty and staff sexual or amorous relationships, please 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 development staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Federal Timely Warning Reporting Obligations

In an effort to provide timely notice to the 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.

Appendix B - 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 Development Services 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 Development Services.

Title IX Reporting Information and Resources

Tarrant County College (TCC) is committed to the elimination of sexual harassment, sexual misconduct, relationship 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 includes the use or threat of physical force or restraint carried out with the intent of causing pain or injury to another while in a dating relationship.
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 includes:
   1. Non-consensual Sexual Contact (or attempts to commit the same) defined as any intentional sexual touching with any object(s) or body part that is without consent and/or by force. Sexual contact is defined as kissing or touching other’s intimate parts.  Intimate parts are a person’s groin, buttocks, mouth or breasts.
   2. Non-consensual Sexual Intercourse (or attempts to commit the same) defined as penetration of a person’s vagina, anus or mouth with any object(s) or body part that is without consent and/or by force.
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 is a form of sex discrimination defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:
   1. Submission to the conduct is either explicitly or implicitly a condition of an employee’s employment, or when submission to or rejection of the conduct is the basis for an employment action affecting the employee; or
   2. The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee’s work performance or creates an intimidating, threatening, hostile, or offensive work environment.
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 is when an individual engages in a pattern of conduct or series of acts on more than one occasion directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress or fearfulness for his/her safety or the safety of his/her pets or family members.

Options for Reporting

Individuals are encouraged to report sexual harassment, sexual misconduct, relationship violence, or stalking as soon as possible after the incident occurs to maximize the College’s ability to respond promptly and effectively; however, the College does not limit the time for reporting. Prompt reporting allows for the College to obtain the most reliable information, be able to contact relevant witnesses (if any), and provide reasonable assistance and interim measures for affected parties. In all cases, a decision will be made on existing facts to determine if an investigation is necessary for compliance with legal requirements.

Confidential Reporting Options

On campus, confidential reports may be made to licensed health care professionals in the Advising & Counseling Center and Health Services on your campus. Information shared with these resources will remain confidential and will not be shared with the College or anyone else without express, written permission of the individual seeking services.

Non-Confidential Reporting Option

Unless identified above, all College employees do not have legally protected confidentiality. Under Title IX, the College is required to take immediate and corrective action if a “responsible employee” knew or, in the exercise of reasonable care, should have known about sexual or gender-based violence or harassment that creates a hostile environment. Non-confidential reports can be submitted to the College Title IX Coordinator, your campus’s Deputy Title IX Coordinator, or the online reporting form.

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. 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.

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.

Resolution Process

A Reporting party may request that the College maintain confidentiality and/or take no formal action regarding a report of sexual harassment, sexual misconduct, relationship violence, or stalking; however, such a request may greatly impact the institution’s ability to investigate, and in most cases, the College will be unable to resolve the matter through the student conduct process. Additionally, some interim interventions-such as an administrative directive for no contact-cannot be implemented if the Reporting party’s identity cannot be known.

When a decision to investigate has been made, the Deputy Title IX Coordinator for your campus or designee will conduct a prompt, thorough, and impartial investigation of the reported behavior.

The Conference Administrator will make a finding using the preponderance of the evidence standard. This standard requires that the information supporting a finding of responsibility be more convincing than the information in opposition to it. Under this standard, individuals are presumed not to have violated College policy unless a preponderance of the evidence supports a finding that a violation occurred.

The College seeks to resolve all reports within sixty (60) days of the initial report. Extenuating circumstances may arise that require the extension of time frames, including extension beyond sixty (60) days.

Students, student organizations, and student groups who are found to have violated College policy will receive disciplinary consequences appropriate to the current violation(s) and in consideration of any prior conduct history and/or mitigating or aggravating circumstances. Consequences may be issued individually, or a combination of consequences may be issued.

Either party may submit an appeal in accordance with the published appeal process. Once an appeal is received, the other party will be notified and provided with an opportunity to review the submitted appeal and submit a written response.  If an appeal is granted, the Campus President will conduct an Administrative review of the case documentation. The President’s decision is final and will be communicated simultaneously in writing to both the Reporting and Responding party.

Either party may report a complaint directly to the Department of Education, Office of 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

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

Appendix C - Speech, Expression, and Assembly

Governing Principles

Freedom of Speech, Expression, and Assembly

The freedoms of speech, expression, and assembly are fundamental rights of all persons and are central to the mission of the College. Students, Faculty/Staff members have the right to assemble, to speak, to attempt to attract the attention of others, and have corresponding rights to hear the speech of others; when they choose to listen, and to ignore the speech of others when they choose not to listen.

Students, faculty and staff members are free to express their views, individually or in organized groups, orally or in writing or by other symbols; on any topic in all parts of the campus, subject only to rules necessary to preserve the equal rights of others and the other functions of the College. Teaching and other official functions of the College will have priority in allocating the use of space on campus.

Except as expressly authorized below under Prohibited Expression, the College will not discriminate on the basis of the political, religious, philosophical, ideological or academic viewpoint expressed by any person, either in the enforcement and administration of these rules or otherwise.

Scope of this Appendix and Related Provisions

This appendix concerns the protection and regulation of speech, expression, and assembly of Students and faculty/staff members who are not part of the teaching or other official functions of the College, are not otherwise sponsored by the College or any academic or administrative unit, and are not submitted for academic credit.

This appendix also addresses the regulation of certain speech that is part of the teaching or other official functions of the College. This entire section applies to speech by academic and administrative units, and speech that is submitted for academic credit; in outdoor locations on the campus. The Vice President for Student Development Services or designee will carry out the duties designated in this appendix and work directly with College persons or organizations and off-campus persons and organizations to assist in ensuring their freedom of speech, expression, and assembly as authorized under this section.

The Vice President for Student Development Services or designee’s office administers and schedules outdoor signs, tables, exhibits, public assemblies, and amplified sound; even for students, faculty/staff members, and administrative and academic units. Scheduling through a single office is necessary to avoid conflicts.

Any program or event sponsored by an academic or administrative unit of the College will have priority in the use of space and facilities over any speech, expression, and assembly that is not sponsored by an academic or administrative unit, except that programs or events sponsored by an academic or administrative unit will not have priority in the use of weekday amplified sound areas defined in this section. This section does not limit other existing authority of College officials to authorize programs and events sponsored by an academic or administrative unit not provided for in this section.

Additional rules concerning free speech and academic freedom of faculty members are found in the TCC Policy and Regulation Manual.

General Definitions—Categories of Speakers

As used in this section:

1. “Academic or Administrative Unit” means any office or department of the College;
2. “Faculty/Staff Member” includes any person who is employed by the College;
3. “Off-Campus Person or Organization” means any person, organization or business that is not an academic or administrative unit, a registered student organization or faculty/staff organization, student or faculty/staff member;
4. “College Person or Organization” includes academic and administrative units, a registered student organization or faculty/staff organization, student or faculty/staff member.
5. “Registered Student Organization or Faculty/Staff Organization” includes a registered student organization, a faculty/staff organization, and any unit or subdivision thereof;
6. “Student” means a person who is currently enrolled in the College, or who is accepted for admission or readmission to the College, or who has been enrolled at the College in 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; and
7. “Event” means something that occurs in a certain place during a particular interval of time; events include but are not limited to guest speakers, exhibits, tables, distribution of literature, signs, and public assemblies.

Other General Definitions

1. “Amplified Sound” means sound where volume is increased by any electric, electronic, mechanical or motor-powered means. Shouting, group chanting and acoustic musical instruments are exempt from this rule and are not subject to the special rules on amplified sound, but are subject to general rules on disruption.
2. “Room or Space” includes any room or space, indoors or outdoors, owned or controlled by the College.
3. “Weekday” means Monday through Friday, except holidays and days on which regularly scheduled classes are suspended due to emergency situations.
4. “Day” means calendar day, except holidays and days on which regularly-scheduled classes are suspended due to emergency situations.

Prohibited Expression

Obscenity

No person or organization will distribute or display on the campus any writing or visual image, or engage in any public performance, that is obscene. A writing, image or performance is “obscene” if it is obscene as defined in Texas Penal Code, Section 21.08, or successor provisions, and is within the constitutional definition of obscenity as set forth in decisions of the United States Supreme Court.

Defamation

No person or organization will make, distribute or display on campus any statement that unlawfully defames any other person.

A statement unlawfully defames another person if it is false, if the false portion of the statement injures the reputation of the other person, and if the speaker has the constitutionally required state of mind as set forth in decisions of the United States Supreme Court.

Incitement to Imminent Violations of Law

No person or organization will make, distribute or display on campus any statements directed to inciting or producing imminent violations of law under circumstances such that the statements are likely to actually and imminently incite or produce violations of law.

Solicitation

1. No person or organization will make, distribute or display on campus any statement that offers or advertises any product or service for sale or lease that includes commercial identifiers, such as for-profit logos, trademarks and service marks, or that requests any gift or contribution, except as authorized by the TCC Policy and Regulation Manual.
2. Words or symbols on personal apparel, or on decals or bumper stickers affixed to a vehicle by an owner of that vehicle, are not solicitation within this definition.
3. Unadorned acknowledgments or thanks to donors are not solicitation within this definition.
4. Students may not solicit funds, sell merchandise, or distribute material or information on- or off-campus in the name of the College, without approval of the College administration. Students or student organizations wishing to raise funds or distribute materials must have the approval of the Director of Student Development Services and/or the Vice President for Student Development Services.  Once approved, a Registered Student Organization or Faculty/Staff Organization may advertise or sell merchandise, publications, food or nonalcoholic beverages, or request contributions for the benefit of the organization, for the benefit of another Registered Student Organization or Faculty/Staff Organization, or for the benefit of an organization that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. No organization may sell items obtained on consignment. As required by FI[LOCAL], no organization shall solicit for more than a total of 14 days, whether continuous or intermittent, during each fiscal year. Registered Student Organizations or Faculty/Staff Organizations, and Academic and Administrative Units; may sell, distribute, or display literature that contains advertising subject to the Limits on Advertising set forth in this Section. Individual students or faculty/staff members may distribute or display such literature, but may not sell it.
5. Individual students or faculty/staff members may post advertisements for roommates, subleases, and sales of used goods that the seller has personally owned and used; but only on a bulletin board designated for that purpose by an academic or administrative unit in a space that the unit occupies or controls. Any unit that designates a bulletin board for this purpose may regulate that bulletin board under the procedures set forth in Signs and Other Designated Locations here in this appendix.
6. A Registered Student Organization or Faculty/Staff Organization may sell charitable raffle tickets on behalf of an organization that is authorized to conduct a charitable raffle under the Texas Charitable Raffle Enabling Act, Texas Occupations Code, Chapter 2002, or successor provisions.

General Rules on Means of Expression

Disruption

1. Except as expressly authorized in the Amplified Sound part of this section, or by an authorized College official responsible for a program or event sponsored by an academic or administrative unit; no speech, expression or assembly may be conducted in a way that disrupts or interferes with any:
   1. Teaching, administration or other authorized activities on the campus;
   2. Free and unimpeded flow of pedestrian and vehicular traffic on the campus; or
   3. Signs, tables, exhibits, public assemblies, distribution of literature, guest speakers, or use of amplified sound by another person or organization acting under the rules in this chapter.
   4. The term “disruption” and its variants, as used in this rule, are distinct from and broader than the phrase “disruptive activities,” as used in this Handbook. This rule is concerned not only with deliberate disruption, but also with scheduling and coordination of events to manage or minimize the inevitable conflicts between legitimate events conducted in close proximity.
   5. Except in the most extreme cases, interference and disruption are unavoidably contextual. Intentional physical interference with other persons is nearly always disruptive in any context. Interfering with traffic depends on the relation between the volume of traffic and the size of the passageway left open. Disruptive noise is the most contextual of all, because it depends on the activity disrupted. Any distracting sound that may disrupt a memorial service. Any sound sufficiently loud or persistent to make concentration difficult may disrupt a class or library. These illustrations may be helpful, but none of them includes enough context to be taken as a rule. The College must rely on the judgment and fairness of College authorities in particular cases. In this context where difficult enforcement judgments are unavoidable, it is especially important to remind administrators and law enforcement officials that their judgments should not be influenced by the viewpoint of those claiming disruption or of those allegedly disrupting.
   6. Potentially disruptive events can often proceed without disruption if participants, administrators, and law enforcement officials cooperate to avoid disruption without stopping the event. In cases of marginal or unintentional disruption, administrators and law enforcement officials should clearly state what they consider disruptive and seek voluntary compliance before stopping the event or resorting to disciplinary charges or arrests.

Damage to Property

1. No speech, expression, or assembly may be conducted in a way that damages, defaces, marks, discolors, or alters in any way property of the College or of any person who has not authorized the speaker to damage or deface his or her property.
2. No person may damage, deface, mark, discolor, alter or interfere with any sign, table or exhibit posted or displayed by another person or organization acting under the rules in this section.

Coercing Attention

1. No person may attempt to coerce, intimidate or badger any other person into viewing, listening to, or accepting a copy of any communication.
2. No person may persist in requesting or demanding the attention of any other person after that other person has attempted to walk away or has clearly refused to attend to the speaker’s communication.

Other Rules with Incidental Effects on Speech

1. Other generally applicable or narrowly localized rules, written and unwritten, incidentally limit the time, place and manner of speech, but are too numerous to compile or cross-reference here. For example, libraries typically have highly restrictive rules concerning noise; laboratories and rooms containing the electrical and mechanical infrastructure of the College typically have safety rules and rules excluding persons without specific business there; fire and safety codes prohibit the obstruction of exits and limit the constriction of hallways. Speech within classrooms is generally confined to the subject matter of the class; the right to attend a class at all is subject to registration and payment of tuition; individual professors may have rules of decorum in their classrooms. These kinds of rules limit the right of students, faculty members and staff members to enter and speak in the places to which these rules apply.
2. Reasonable and nondiscriminatory rules of this kind generally have control over the rights of free speech guaranteed in this appendix. However, even these kinds of rules are subject to the constitutional right of free speech. Such rules must be viewpoint neutral. Such rules cannot regulate speech more restrictively than they regulate other activities that cause the problems to be avoided by the rule. Such rules should not restrict speech more than is reasonably necessary to serve their purpose. Such rules cannot ban unobtrusive forms of communication with no potential for disruption even in the specialized environment subject to the localized rule. Thus for example, means of silent expression or protest confined to the speaker’s immediate person, such as armbands, buttons and T-shirts, are nearly always protected because they are rarely disruptive in any environment.

Distribution of Literature

General Rule on Distribution of Literature

1. Registered Student Organizations or Faculty/Staff Organizations, and Academic and Administrative Units may sell, distribute or display literature on campus subject to the rules in this section. Individual students and faculty/staff members may distribute or display literature but may not sell it. In either case, no advance permission is required.
2. “Literature” means any printed material, including any newspaper, magazine or other publication, and any leaflet, flyer or other informal matter, that is produced in multiple copies for distribution to potential readers.
3. Distribution of literature in the classrooms and adjacent hallways is considered “disruption” as that term is defined here in this appendix and, therefore, is prohibited.

Cleanup of Abandoned Literature

Any person or organization distributing literature on campus will pick up all copies dropped on the ground in the area where the literature was distributed.

Registered Student Organization Literature Disclaimer

Literature distributed by Registered Student Organizations on campus must contain a disclaimer that indicates that registered student organization literature is not official College literature and does not represent the views of the College or its officers.

Signs

General Rule on Signs

1. “Sign” means any method of displaying a visual message to others, except that transferring possession of a copy of the message is distribution of literature and not a sign.
2. Subject to the rules here in Appendix C; a College person or organization may display a sign by holding or carrying it, by displaying it at a table, or by posting it on a bulletin board or other designated location. Signs may not be posted in any other location.

Hand-Held Signs

1. Students and faculty/staff members may display a sign on campus by holding or carrying it by hand or otherwise attaching it to their person. No advance permission is required.
2. Any person holding or carrying a sign will exercise due care to avoid bumping, hitting or injuring any other person.
3. Any person holding or carrying a sign at a speech, performance, or other event will exercise due care to avoid blocking the view of any other person observing the speech, performance, or event. Depending on the venue, this may mean that signs may be displayed only around the perimeter of a room or an audience.
4. A law enforcement officer or the Vice President for Student Development Services or other College employee, if authorized by officials responsible for managing the venue, may warn any person that his or her sign is being handled in violation of Appendix C.  If the violation persists after a clear warning; the law enforcement officer, Vice President for Student Development Services, or other authorized employee, may confiscate the sign.

A-Frames

1. “A-frame” means a movable and self-supporting sign board designed to stand on the ground.
2. A-frames are subject to the rules on exhibits in Appendix C.

Signs in Other Designated Locations (Including Departmental Bulletin Boards)

1. Each academic or administrative unit of the College may authorize the posting of signs in spaces that unit occupies and controls. Such authorization may be granted by general rule, by stamping or initialing individual signs, or by longstanding tradition.
2. Signs in spaces occupied by academic or administrative units may be:
   1. Confined to bulletin boards or other designated locations;
   2. Subjected to viewpoint-neutral rules limiting the size of signs, limiting how long they may be posted, requiring each sign to show the date it was posted and the name of the person or organization who posted it, and similar rules designed to facilitate fair and equal opportunities to post signs; and
   3. Confined to official statements or business of the unit or to certain subject matters of interest within the unit, or to signs posted by persons or organizations affiliated with the unit.
3. Each academic or administrative unit will post on or near each bulletin board or other designated location that it administers:
   1. Either the rules applicable to that bulletin board or location, or a particular office or website where the rules applicable to that bulletin board or location may conveniently be found; and
   2. If a stamp or initials are required on signs before they are posted on that bulletin board or location, the name and office location of the person whose stamp or initials are required.

Tables

General Rule on Tables

College persons and organizations may set up tables from which to display literature, disseminate information and opinions, and raise funds, subject to the rules in Appendix C. No advance permission is required.

Locations

1. Subject to the restrictions and the rules on disruption of other functions and interference with vehicular and pedestrian traffic in Appendix C; College persons and organizations may set up tables in any outdoor location on the campus and in any large, open, indoor location.
   1. Tables may not be set up inside any library, classroom, laboratory or office, or in any hallway less than 10 feet wide without permission from the Academic or Administrative Unit that controls the space, or from the faculty member or staff member who controls the space at a particular time.
   2. An academic or administrative unit may further specify these rules by restricting tables to reasonable locations in spaces occupied by that unit. Academic or administrative units are encouraged to clearly state any such rules in writing, and to publish those rules on a website or on a flyer or pamphlet conveniently available at the chief administrative office of the unit.
2. If any table is set up in a prohibited or disruptive location, any College employee pointing out the violation will also point out other locations, as nearby as is reasonably possible, where the table is permitted.

Cleanup around Tables

Any person or organization sponsoring a table will remove litter from the area around the table before vacating the space.

Sources of Tables

Persons and organizations may supply their own tables.

Exhibits and A-Frames

General Rule on Exhibits

1. “Exhibit” means an object or collection of related objects; designed to stand on the ground or on a raised surface, which is not a table. Is designed for temporary display, and is not permanently attached to the ground. An A-frame sign is an exhibit.
2. Academic or administrative unit, a registered student organization, or a faculty/staff organization may erect exhibits, subject to the rules in Appendix C. Advance permission is required from the Vice President for Student Development Services or their designee. Student Development Services accept that an academic unit may authorize indoor exhibits in a space that it occupies and controls.

Application Process

An academic or administrative unit, a Registered Student Organization or a Faculty/Staff Organization desiring to erect an outdoor exhibit will apply on a form prescribed by the Vice President for Student Development Services.

Criteria for Approval

1. The Vice President for Student Development Services or designee will authorize an exhibit described in a completed application unless the Vice President for Student Development Services or designee finds that use of the proposed space for the proposed exhibit must be disapproved under the criteria in Appendix C.
2. The Vice President for Student Development Services or designee will specify the location of each exhibit to reduce the hazard to visually impaired pedestrians.
3. The Vice President for Student Development Services or designee will advise each applicant how to correct, if possible, any conditions that preclude approval of the application. Even if an applicant is entitled to have the application approved as submitted, the Vice President for Student Development Services or designee may give advice about other possible locations or about modifications to the exhibit that would avoid potential problems or make the proposed exhibit more workable.

Time Limits

1. In locations administered by the Vice President for Student Development Services or designee, each exhibit may be displayed for 14 days. The exhibit may be renewed for an additional 14 days if space is available.
2. The exhibit must be removed at the end of each day and may be re-erected each morning. However, the Vice President for Student Development Services or designee may authorize overnight exhibits in designated locations. Overnight exhibit applications will be considered on a case-by-case basis.

Cleanup around Exhibits

Any academic or administrative unit, Registered Student Organizations, or Faculty/Staff Organizations sponsoring an exhibit will remove litter from the area around the exhibit before vacating the space.

Liability

Any academic or administrative unit, Registered Student Organizations, or Faculty/Staff Organizations sponsoring an exhibit assumes full responsibility for the exhibit, including all injuries or hazards that may arise from the exhibit. The College will not be liable for any damage that may occur to the exhibit, and any Registered Student Organizations or Faculty/Staff Organizations sponsoring the exhibit will indemnify the College for any claims arising from the exhibit’s presence on campus.

Amplified Sound

General Rule on Amplified Sound

Any College person or organization may use amplified sound on campus at designated times and locations, subject to the rules listed below. Advance permission is required.

Location and Times of Weekday Amplified Sound Areas

The Vice President for Student Development Services or their designee may designate additional areas for weekday use of amplified sound.

Regulation and Scheduling of Amplified Sound

1. The  Vice President for Student Development Services or their designee may prescribe rules concerning scheduling, sound levels, the location of speakers, and the direction in which they are pointed; and other rules to facilitate the use of weekday amplified sound areas to mediate any conflict with College functions and other nearby activities, and to manage environmental impact. All such rules will be reasonable and nondiscriminatory.
   1. Organizations wishing to use an amplified sound area must reserve a particular area at a particular time. Reservations must be made with the Vice President for Student Development Services or their designee on a form prescribed by the Vice President of Student Development Services. The Vice President for Student Development Services or their designee will approve a properly completed application to reserve an amplified sound area, unless the application must be disapproved under the criteria in Appendix C.
   2. The Vice President for Student Development Services or their designee may limit the number or frequency of reservations for Registered Student Organization, Faculty/Staff Organization, or academic or administrative unit to ensure reasonable access for all persons and organizations desiring to use amplified sound on weekdays.
   3. Persons and organizations using amplified sound are responsible for maintaining a passageway for pedestrians that is adequate to the volume of pedestrian traffic passing through the area.
   4. Any designations of additional areas, any additional rules regulating the designated areas, and the rules and procedures for reserving the right to use a designated area, will be clearly stated on a website or on a flyer or pamphlet conveniently available in the office of the Vice President for Student Development Services or the Student Activities office on each campus.

Public Assemblies without Amplified Sound

General Rule on Public Assemblies

1. “Publicly Assemble” and “Public Assembly” include any gathering of persons, including discussions, rallies and demonstrations.
2. College persons and organizations may publicly assemble on campus in any place where, at the time of the assembly, the persons assembling are permitted to be. This right to assemble is subject to the rules in Appendix C. No advance permission is required.

Notice and Consultation

Registered Student Organizations or Faculty/Staff Organizations that are planning a public assembly with more than 50 participants are strongly encouraged to notify and consult with the Vice President for Student Development Services or their designee as soon as practicable after the point at which the planners anticipate or plan for more than 50 participants. Registered Student Organizations or Faculty/Staff Organizations planning smaller assemblies are encouraged to consult the Vice President for Student Development Services or their designee; if there is uncertainty about applicable College rules, about the appropriateness of the planned location, or possible conflict with other events. The Vice President for Student Development Services or their designee can help the planners avoid unintended disruption or other violations that may result in subsequent discipline or subsequent interference with the assembly by campus authorities.

Guest Speakers

Definitions

“Guest Speaker” means a speaker or performer who is not a College student or faculty/staff member.

Who May Present

Any College person, organization or academic and administrative unit may host Guest Speakers on College property. In the case of Registered Student Organizations, advance notification from the Vice President for Student Development Services or their designee is required.

Location and Form of Presentation

1. A Guest Speaker may present a speech or performance, or lead a discussion of specified duration at a time announced in advance, in a fixed indoor location, or in a fixed outdoor location approved by the Vice President for Student Development Services or their designee. A Guest Speaker may distribute literature only immediately before, during, and immediately after the normal course of his or her speech, presentation or performance and only to persons in attendance. Only literature that complies with Appendix C may be distributed.
2. A Guest Speaker may not:
   1. Accost potential listeners who have not chosen to attend the speech, performance or discussion; or
   2. Distribute literature to persons who have not chosen to attend the speech, performance or discussion; or
   3. Help staff a table or exhibit set up under Appendix C.

Application

1. A Registered Student Organization that wishes to present a Guest Speaker will apply to the Vice President for Student Development Services or their designee on a form prescribed by the Vice President for Student Development Services or their designee, at least 48 hours before the scheduled event or any planned advertising for the event whichever is earlier.
2. The Vice President for Student Development Services or their designee will approve an application properly made under Appendix C unless it must be disapproved under the criteria in Appendix C.

Obligations of Presenting Organization

A Registered Student Organization or Faculty/Staff Organization that presents a guest speaker must make clear that:

1. The organization, and not the College, invited the speaker; and
2. The views expressed by the speaker are his or her own and do not necessarily represent the views of the College institution.

Responding to Speech, Expression and Assembly

General Rule on Responding

College persons and organizations may respond to the speech, expression, or assembly of others, subject to all the rules in Appendix C.

Applications of General Rule on Responding

Responders may not damage or deface signs or exhibits, disrupt public assemblies, block the view of participants, or prevent speakers from being heard.

1. Means of response that are permitted in many locations and without advance permission or reservation; such as signs, tables, distribution of literature and public assembly without amplified sound, may be used immediately and in any location authorized in this Appendix C.
2. Means of response that require advance permission or reservation, such as A-frames, exhibits, and amplified sound, may be used as soon as the needed permission or reservation may be arranged. Some amplified sound areas may be unavailable on short notice because of earlier reservations, but the Vice President for Student Development Services or designee will expedite approval of A-frames, exhibits and available amplified sound areas where necessary to permit appropriate response to other speech, assembly or expression.
3. Means of response that are confined to authorized locations, such as amplified sound, may be used only in those locations. It is not possible to respond to amplified sound with amplified sound in the same location; similarly if an exhibit or public assembly is in a location where amplified sound is not permitted, it is not possible to respond with amplified sound in that location. In either case, it is possible to respond with amplified sound in another location and to use signs or distribution of literature to advertise the response at the other location.

Enforcement and Appeals

Police Protection

1. It is the responsibility of the College to protect the safety of all persons on campus and to provide police protection for speakers, public assemblies, persons staffing or viewing exhibits, and other events. The normal patrolling of officers during regular duty areas in the area of such events will be at the cost of the College. When the magnitude, timing or nature of an event requires overtime hours from police officers (including contract hours for officers hired from other departments or private security agencies), the College will charge the cost of overtime or contract officers to the person or organization sponsoring the event or exhibit that requires overtime police protection. The purpose of this subsection is to charge for police overtime where reasonably possible but not to charge for police overtime made necessary by the content of speech at the event or by the controversy associated with any event.
2. A reasonable and nondiscriminatory fee for overtime police work will be charged to the registered student or faculty/staff organization for events that require overtime police protection, and
   1. Charge a price for admission; or
   2. Pay a speaker, band or other off-campus person or organization for services at the event.            

Persons or organizations planning such events should budget for the cost of police protection.

The College will have the sole power to decide, after reasonable consultation with the person or organization planning the event, whether and to what extent, overtime police protection is required. No fee will be charged for officers assigned because of political, religious, philosophical, ideological or academic controversy anticipated or actually experienced at the event. All fees will be based on the number of officers required for an uncontroversial event of the same size and kind, in the same place and at the same time of day, handling the same amount of cash.

Response to Violations

A student or student organization which violates a prohibition in this chapter may be disciplined.

Appeals

1. A person or organization that is denied permission for an activity requiring advance permission under Appendix C may appeal the denial of permission to the Campus Vice President for Student Development Services or the Campus President.  The decision made by the Vice President or President is final.    
2. A person or organization that complies with an on-the-scene order limiting speech, expression or assembly may, on or before the fifth weekday after complying with the order; file an appeal to determine the propriety of the order limiting the speech, expression, or assembly. The question on appeal will be whether, under the circumstances as they reasonably appeared at the time of the order, the appellant’s speech, expression or assembly should have been permitted to continue. Such an appeal may be useful to clarify the meaning of a rule or to resolve a factual dispute that may recur if the appellant desires to resume the speech, expression or assembly that was limited by the order.

Appendix D - Responding Party’s Rights/Student Conduct Review Procedures

1. To have prior knowledge of the alleged violation(s) and have the alleged violation(s) explained clearly and fully. Students needing assistance with general questions or to better understand the conduct process should contact the Student Conduct Authority.
2. To have access to hear testimony and or see all written statements concerning the charges.
3. To present throughout the proceedings, excluding the Student Conduct Authority’s deliberation process of the student conduct review process.
4. To refute oral and/or written statements.
5. To provide material witnesses and/or notarized statements from witnesses.
6. To be advised of the appropriate Appeal process.
7. To be accompanied by an “Advisor” if they choose, at his or her own expense. The Advisor may not address the Student Conduct Authority but may serve as a “Support Person” during the preceding for the accused student or Student who experienced harm.
8. To submit a written statement (in hard copy or electronic) outlining their perspective on the original incident which initiated the Student Conduct process.