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SECTION F | STUDENT
- SECTION FA | Equal Education Opportunity
- SECTION FB | Admissions
- SECTION FC | Attendance
- SECTION FD | Tuition and Fees
- SECTION FE | Financial Aid
- SECTION FF | Student Welfare
- SECTION FF.1 | Campus Safety
- SECTION FF.2 | Mental Health
- SECTION FFA | Immunizations
- SECTION FFA.1 | Immunizations
- SECTION FFA.2 | International Students
- SECTION FFA.3 | Residence Life Requirement
- SECTION FFB | AIDS/HIV
- SECTION FFB.1 | AIDS/HIV
- SECTION FFC | Student Support Services
- SECTION FFC.1 | Student Support Services and Administrative Services
- SECTION FFC.2 | Veterans Services
- SECTION FFC.3 | Special Programs for Students with Disabilities
- SECTION FFD | Freedom from Discrimination, Harassment, and Retaliation
- SECTION FFD.1 | Harassment, Intimidation, and Bullying
- SECTION FFD.2 | Sexual Assault and Intimate Partner or Domestic/Dating Violence/Clery Reporting
- SECTION FFD.3 | Student Discrimination Grievance Procedure
- SECTION FFE | Sexual Misconduct Policy
- SECTION FG | Student Housing
- SECTION FH | Solicitation
- SECTION FI | Student Records
- SECTION FJ | Student Activities
- SECTION FK | Student Rights and Responsibilities
- SECTION FK.1 | Student Rights and Responsibilities
- SECTION FKA | Student Expression
- SECTION FKA.1 | Student Expression
- SECTION FKB | Student Conduct
- SECTION FKB.1 | Code of Student Conduct/Special Programs/Student Misconduct/Drug-Free Campus/Complicity
- SECTION FKB.2 | Disciplinary Procedures and Sanctions
- SECTION FKB.3 | Academic Integrity
- SECTION FKC | Student Complaints and Grievances
- SECTION FKC.1 | Student Grievance Procedures
- SECTION FKC.2 | Student-Instructor Conflict Resolution
- SECTION FKD | Grade Challenge
- SECTION FKD.1 | Grade Challenge
- SECTION FKD.2 | Program of Study Dismissal
STUDENT
STUDENT WELFARE
SEXUAL MISCONDUCT PROCEDURES
Procedure
ARTICLE I. INTRODUCTION
(a) Notice of Nondiscrimination
The College does not discriminate on the basis of sex in its educational programs
or activities, including in the context of admission or employment. As a recipient
of federal funds, Navarro College (“NC” or the “College”) complies with Title IX of
the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”). Inquiries
concerning the application of Title IX may be referred to Navarro College’s Title
IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The
College’s Title IX Coordinator is Elizabeth A. Pillans, J.D., whose office is in Room
314 of the Gooch One Stop Center on the Corsicana Campus. This office can be contacted
by phone at (903) 875-7588 or by email at titleix@navarrocollege.edu.
(b) Overview
The College is committed to maintaining and strengthening an environment founded on
civility and respect. The College also is committed to providing programs, activities,
and an educational environment free from sex discrimination. Under certain circumstances,
Sexual Misconduct (as defined in Exhibit B) may constitute sexual discrimination prohibited
by Title IX. The College is committed to fostering a community that promotes prompt
reporting of all types of Sexual Misconduct and timely and fair resolution of reports
of Sexual Misconduct. These Sexual Misconduct Procedures (these “Procedures”) include
available resources (Exhibit A); describe prohibited conduct; and establish procedures
for responding to reports of Sexual Misconduct.
(c) Applicability
These Procedures apply to any allegation of Sexual Misconduct made by or against a
student or an employee of the College or a third party, regardless of where the alleged
Sexual Misconduct occurred, if the conduct giving rise to the Complaint is related
to the College’s academic, educational, or extracurricular programs or activities.
The College’s disciplinary authority, however, may not extend to third parties who
are not students or employees of the College. Sexual Misconduct alleged to have occurred
at a significant distance from the College and/or outside of College property may
be more difficult for the College to investigate. These Procedures apply regardless
of the sexual orientation or gender identity of the parties involved.
In the case of allegations of Sexual Misconduct, these Procedures supersede all other procedures set forth in other College documents.
(d) Period of Limitations
A Complaint of Sexual Misconduct may be filed at any time, regardless of the length
of time between the alleged Sexual Misconduct and the decision to file the Complaint.
The College strongly encourages individuals to file Complaints promptly in order to
preserve evidence for a potential legal or disciplinary proceeding. A delay in filing
a Complaint may compromise the College’s investigation.
(e) Definitions Applicable to These Procedures
Capitalized terms used in these Procedures but not defined have the meanings set forth
in Exhibit B.
ARTICLE II. STATEMENTS OF POLICY AND PROTOCOL
(a) Prohibition on Sexual Misconduct
The College prohibits Sexual Misconduct and is committed to the timely and fair resolution
of Sexual Misconduct cases. The College encourages prompt reporting of all types of
Sexual Misconduct. The College has defined Sexual Misconduct as any unwelcome conduct
of a sexual nature.
However, not all unwelcome conduct of a sexual nature rises to the level of warranting full adjudication and/or discipline pursuant to these Procedures. In other words, while the College may investigate any and all reports of Sexual Misconduct, some Sexual Misconduct can be addressed effectively without full adjudication under these Procedures and/or without the imposition of formal disciplinary sanctions against the Responding Party. These Procedures use the term “Actionable Sexual Misconduct,” as defined in Exhibit B, to identify those acts of Sexual Misconduct that do warrant full adjudication under, and discipline pursuant to, these Procedures.
(b) Prohibition on Retaliation
Retaliation against any person participating in good faith in connection with a Complaint
of Sexual Misconduct is strictly prohibited. Violations will be addressed through
these Procedures and/or other applicable College disciplinary procedures. Any person
who feels that he or she has been subjected to Retaliation should make a report to
the Title IX Coordinator.
(c) Prohibition on Providing False Information
Any individual who knowingly files a false report or Complaint under these Procedures,
who knowingly provides false information to College officials, or who intentionally
misleads College officials involved in the investigation or resolution of a Complaint
may be subject to disciplinary action. The College recognizes that a Complaint made
in good faith will not be considered false just because the evidence does not confirm
the allegation(s) of Sexual Misconduct.
(d) Confidentiality
(i) Standard of Confidentiality (Applicable to All Complaints).
The College will respect and make every reasonable effort to properly preserve the
confidentiality of the information and identities shared by the parties involved in
Sexual Misconduct matters. College administrators will, however, share information
regarding alleged Sexual Misconduct, as appropriate and necessary, in order to address
and resolve the Complaint at issue, prevent the recurrence of similar Sexual Misconduct,
and address the effects of the Sexual Misconduct.
In keeping with this respect for confidentiality, information regarding alleged Sexual Misconduct generally will be disclosed by College staff only, as follows:
1) The College’s Responsible Employees are obligated to report information regarding alleged Sexual Misconduct to the Title IX Coordinator. In accordance with State Law (TX SB 212, 2019), failure of a Responsible Employee (all mandatory reporters) to report a perceived incident of sexual misconduct can result in criminal offense charges and termination of employment.
2) College staff are obligated to handle information regarding alleged Sexual Misconduct in accordance with applicable local, state, and federal laws. For example, the College may be required by federal law to inform the community of the occurrence of the alleged incident(s) of Sexual Misconduct. And information regarding the alleged Sexual Misconduct may be used as an anonymous report for data collection purposes under the Clery Act.
3) College staff may be obligated to report alleged Sexual Misconduct to local law enforcement.
4) College staff may find it necessary to disclose information related to the incident to an appropriate health care provider (TX HB 1735, 2019) in an emergency situation.
5) College administrators will share information regarding alleged Sexual Misconduct, as appropriate and necessary, in order to address and resolve the Complaint at issue, prevent the recurrence of similar Sexual Misconduct, and address the effects of the Sexual Misconduct.
In such cases in which an Initial Determination or the completion of an Investigation results in a report to be considered unsubstantiated or without merit, confidentiality is imperative.
Please note that the College cannot maintain complete control over all disclosures by students or third parties.
(ii) Strict and Heightened Confidentiality
1) Strict Confidentiality
Counseling Services will provide resources for individuals who wish to discuss alleged
Sexual Misconduct in strict confidence (“Strictly Confidential Resources”).
This means that Personally Identifiable Information shared with Strictly Confidential Resources is not part of students’ or employees’ College records and will not be reported to other College staff, to the Responding Party, or to others (unless the disclosing individual gives his or her consent to the disclosure or the law requires it (as may be the case with alleged Sexual Misconduct involving a minor or under conditions of imminent physical harm, for example)).
Strictly Confidential Resources are not Responsible Employees and therefore are not required to (and will not, absent direction from the disclosing individual to do so) report incidents of alleged Sexual Misconduct to the Title IX Coordinator. For purposes of clarity, please understand that non-student College employees who are not Strictly Confidential Resources are Responsible Employees. Communications made to Responsible Employees (and others) are not entitled to the same confidentiality protections as those made to Strictly Confidential Resources.
2) Heightened Confidentiality
If information regarding alleged Sexual Misconduct is shared with a Responsible Employee,
that employee is obligated to report that information to the College’s Title IX Coordinator.
If the Reporting Party to whom the information pertains desires that the Title IX
Coordinator not share the information with the Responding Party or with others, even
as appropriate and necessary to address the allegations, such individual must request
that the College apply heightened confidentiality to such information. This request
must be made to the Title IX Coordinator (or designee).
Requests for heightened confidentiality may limit the College’s ability to investigate and take reasonable action in response to a Complaint. A Responding Party has a right to know the name of the accuser and information regarding the nature of the allegations in order to defend against the Complaint; thus, the College may not be able to both adjudicate the Complaint and maintain the confidentiality of the Reporting Party during that process. The College will evaluate heightened confidentiality requests in the context of the College’s commitment to provide a reasonably safe and non-discriminatory environment. In order to make such an evaluation, the Title IX Coordinator may conduct a preliminary investigation into the alleged Sexual Misconduct and may weigh requests for heightened confidentiality against the following factors:
(a) the seriousness of the alleged Sexual Misconduct;
(b) the Reporting Party’s age;
(c) whether there have been other Complaints of Sexual Misconduct against the Responding Party;
(d) the Responding Party’s right to receive information about the allegations if the information is maintained by the College as an “education record” under FERPA; and
(e) the applicability of any laws mandating disclosure.
The Title IX Coordinator will inform the person requesting heightened confidentiality of the College’s limitations on maintaining heightened confidentiality and whether the College intends to pursue investigation and/or resolution in spite of the person’s request.
Even when the College determines to abide by a request for heightened confidentiality (and even if such request limits the College’s ability to take disciplinary action against the Responding Party):
(i) To the extent practicable and appropriate, the College will take prompt action to limit the effects of the alleged Sexual Misconduct and to prevent its recurrence. For instance, the College may take appropriate interim measures to ensure an individual’s safety even in the absence of a full investigation.
(ii) Information regarding the alleged Sexual Misconduct may be included in College records, as necessary and appropriate.
(iii) College staff are obligated to handle information regarding alleged Sexual Misconduct in accordance with applicable local, state, and federal laws. The College may be required by federal law to inform the community of the occurrence of the alleged incident(s) of Sexual Misconduct. Information regarding the alleged Sexual Misconduct may be used as an anonymous report for data collection purposes under the Clery Act.
Please note that the College cannot control disclosures by students or third parties.
(e) Requests Not to Investigate and Refusals to File a Complaint or to Cooperate
The Reporting Party may request that the College not investigate the information or
allegation(s) reported, refuse to file a Complaint, and/or refuse to cooperate in
the investigation and/or resolution of allegation(s).
Such requests and decisions may limit the College’s ability to investigate and take reasonable action in response to a Complaint. In such cases, the College will evaluate such requests and decisions in the context of the College’s commitment to provide a reasonably safe and non-discriminatory environment.
In order to make such an evaluation, the Title IX Coordinator may conduct a preliminary investigation into the alleged Sexual Misconduct and may weigh such requests and decisions against the following factors:
(i) The seriousness of the alleged Sexual Misconduct;
(ii) The Reporting Party’s age;
(iii) Whether there have been other Complaints of Sexual Misconduct against the Responding Party;
(iv) The Responding Party’s right to receive information about the allegations if the information is maintained by the College as an “education record” under FERPA; and
(v) The applicability of any laws mandating disclosure.
The Title IX Coordinator will inform the requester if the College intends to conduct further investigation and/or seek resolution in spite of the person’s request or refusal.
Regardless of an individual’s request, Title IX requires the College to take reasonable action in response to the information known to it. Thus, the College may take such measures as are deemed necessary by the Title IX Coordinator.
Additionally, even if the College cannot take disciplinary action against the Responding Party because of a refusal to file a Complaint or participate in the investigation and/or resolution of allegations, to the extent practicable and appropriate, the College will take prompt action to limit the effects of the alleged Sexual Misconduct and to prevent its recurrence. For instance, the College may issue a “no-contact” order or take other appropriate interim measures to ensure an individual’s safety even in the absence of a formal proceeding.
The Complaint or other information regarding alleged Sexual Misconduct may also be used as an anonymous report for data collection purposes under the Clery Act.
(f) Limited Immunity/Amnesty for those Reporting Incidents
The College considers the reporting and adjudication of Sexual Misconduct cases to
be of paramount importance. The College does not condone underage drinking or the
use of illegal drugs; however, the College may extend limited immunity from punitive
sanctioning in the case of illegal alcohol or drug use to Reporting Parties, witnesses,
and those reporting incidents and/or assisting the Reporting Party of Sexual Misconduct,
provided that they are acting in good faith in such capacity and, in limited circumstances,
may also extend such immunity to a Responding Party.
(g) Failure to Report/False Report (TX SB 12, 2019)
The College’s Responsible Employees are obligated to report information regarding
alleged Sexual Misconduct to the Title IX Coordinator. In accordance with State Law
(X SB 212, 2019), failure of a Responsible Employee (all mandatory reporters) to report
a perceived incident of sexual misconduct can result in criminal offense charges and
termination of employment.
(h) Individuals with Disabilities
The College will make arrangements to ensure that individuals with disabilities are
provided appropriate accommodations, to the extent necessary and available, to participate
in the steps and procedures outlined in these Procedures. Employees seeking accommodations
may contact Human Resources. Students requesting accommodations may contact the Disability
Services.
ARTICLE III. REPORTING ALLEGED SEXUAL MISCONDUCT
For information regarding seeking medical assistance and emotional support, as well as important contact information for local law enforcement agencies and hospitals, see Exhibit A.
(a) Reporting to Local Law Enforcement
Individuals may report Sexual Misconduct directly to local law enforcement agencies
by dialing 911. Individuals who make a criminal complaint may also choose to pursue
a College Complaint simultaneously. A criminal investigation into the matter does
not release the College from its obligation to conduct its own investigation (nor
is a criminal investigation determinative of whether Actionable Sexual Misconduct,
for purposes of these Procedures, has occurred). However, the College’s investigation
may be delayed temporarily while the criminal investigators are gathering evidence.
In the event of such a delay, the College may take interim measures when necessary
to protect the Reporting Party and/or the College community.
Individuals may choose not to report alleged Sexual Misconduct to law enforcement authorities. The College respects and supports individuals’ decisions with respect to reporting; nevertheless, the College may notify appropriate law enforcement authorities if required or warranted by the nature of the allegations at issue.
(b) Reporting to the College
Individuals may choose not to report alleged Sexual Misconduct to a campus official.
The College respects and supports the individual’s decision with respect to reporting;
however, if information about Sexual Misconduct comes to the attention of the College,
whether through Actual or Constructive Notice, the College may (1) start an investigation
even in the absence of a filed Complaint and/or (2) notify appropriate law enforcement
authorities if required or warranted by the nature of the information of which it
becomes aware.
Anyone wishing to report Sexual Misconduct to the College should contact any one of the following individuals or offices:
(i) Title IX Coordinator. Navarro College’s Title IX Coordinator is Elizabeth A. PIllans, J.D., Director of Paralegal Studies, whose office is in Room 314 of the Gooch One Stop Center on the Corsicana Campus. This office can be contacted by phone at (903) 875-7588 or by email at titleix@navarrocollege.edu.
(ii) Office of Student Development. The Office of Student Development is located in the Richard Sanchez Library on the Corsicana Campus. The Office of Student Development is available during business hours (8:00 a.m. to 5:00 p.m., Monday through Friday) by phone at (903) 875-7681.
(iii) Human Resources. The Human Resources Office is located on the first floor of the Albritton Administration Building. The Human Resources Office is available during business hours (8:00 a.m. to 5 p.m., Monday through Friday). Contact Marcy Ballew, Vice President of Operations by phone at (903) 875-7330 or by email at titleix@navarrocollege.edu.
(iv) Campus Safety. The College’s Department of Public Safety is available by phone at (903) 875-7500. Campus Police Officers are available by phone 24 hours a day, seven days a week.
If an employee of Campus Safety, the Office of Student Guidance, or the Human Resources Office receives a report of alleged Sexual Misconduct, that employee must notify the College’s Title IX Coordinator.
It may be very difficult for the College to follow up or take action on anonymous reports, where corroborating information is limited. Anonymous reports may be used for Clery Act data collection purposes.
No member of the College community may discourage an individual from reporting alleged incidents of Sexual Misconduct. As such, an individual may report alleged Sexual Misconduct to a faculty or staff member other than those referenced above. A faculty or staff member with any knowledge about a known or suspected incident of Sexual Misconduct must report the incident to the College’s Title IX Coordinator. Included in this requirement are resident advisors. Excluded from this requirement are all other students, student employees, and employees who are statutorily barred from reporting. No employee is authorized to investigate or resolve Complaints without the involvement of the College’s Title IX Coordinator.
ARTICLE IV. PROCEDURES APPLICABLE TO ALL COMPLAINTS OF SEXUAL MISCONDUCT
(a) Oversight
The Title IX Coordinator will be responsible for overseeing the prompt, fair, and
impartial investigation and resolution of reports of Sexual Misconduct to the College.
(b) Conflicts
If any staff member designated by these Procedures to participate in the investigation
or resolution of a Complaint is deemed by the Title IX Coordinator to have a conflict
of interest or if either staff member is the Responding Party (including, but not
limited to, the Title IX Coordinator), then the Vice President of Enrollment Management
and Institutional Effectiveness will appoint another College staff member to perform
such person’s duties under these Procedures. (If the Vice President of Enrollment
Management and Institutional Effectiveness is either the Reporting or Responding Party,
then the Title IX Coordinator will appoint another College staff member to perform
the duties of the Vice President of Enrollment Management and Institutional Effectiveness
under these Procedures.)
(c) Support Person/Advisor
Parties and witnesses may be accompanied by a support person of their choice during
any meetings or interviews held pursuant to these Procedures, except for a Resolution
Meeting in the Informal Resolution Process. The support person may consult with the
person he or she is there to support but may not participate in the meeting or interview
by asking or answering questions or by making statements to the interviewer(s).
(d) Timing
The College will make every reasonable effort to ensure that the investigation and
resolution of a Complaint occurs in as timely and efficient a manner as possible.
The College’s investigation and resolution of a Complaint will generally be completed
within 60 calendar days of the receipt of the Complaint, absent extenuating circumstances.
Any party may request an extension of any deadline by providing the Title IX Coordinator with a written request for an extension that includes reference to the duration of the proposed extension and the basis for the request. The Title IX Coordinator reserves the right to accept or reject such requests and modify any deadline contained in these Procedures as necessary and for good cause.
(e) Interim Measures
If at any point during the complaint, investigative or disciplinary processes, the
Title IX Coordinator deems it necessary for the protection of any member of the College
community, the Title IX Coordinator may take actions, or request that the individual
authorized to make personnel decisions take actions, such as the following:
1) Responding Parties:
a) Placing a registration hold on the Responding Party’s student account;
b) Summarily suspending or expelling the Student Responding Party;
c) Changing the Student Responding Party’s class schedule; or
d) Taking such steps as are reasonable, appropriate and necessary to restrict the Responding Party’s movement on campus.
e) Issuing no-contact orders to prevent any contact between the Reporting Party, the Responding Party, witnesses, and/or third parties;
f) Providing the Reporting Party an escort to ensure that he or she can move safely between classes, work, and/or other activities;
g) Changing work arrangements;
h) Rescheduling class work,
assignments, and examinations;
i) Arranging for the Reporting Party to take an incomplete in a class;
j) Moving the Student Responding Party, and if necessary the Reporting Party, from one class section to another, one dorm room to another, and/or one activity or organization to another;
k) Permitting a temporary withdrawal from the College;
l) Providing alternative course completion options;
m) Providing counseling services;
n) Providing academic support services;
o) Reassign or place on paid administrative leave as applicable.
(f) Initial Meeting(s) with the Title IX Investigator
(i) Reporting Party’s Initial Meeting with the Title IX Investigator
As soon as is practicable, the Title IX Investigator will contact the Reporting Party
to schedule an initial meeting. At this initial meeting, the Title IX Investigator
will, as applicable:
1) Provide the Reporting Party a copy of the Sexual Misconduct Policy and these Procedures;
2) Explain the avenues for formal resolution and informal resolution of a Complaint;
3) Explain the steps involved in a Sexual Misconduct investigation;
4) Discuss confidentiality standards and concerns with the Reporting Party;
5) Provide the Reporting Party a Sexual Misconduct Complaint Form (Exhibit C) and determine whether the Reporting Party wishes to file a Complaint and participate in the College’s investigation and resolution of the Complaint. Even when a Reporting Party is not cooperative or requests that the College not pursue an investigation, Title IX requires the College to take reasonable action in response to the information known to it. Thus, the College may take such measures as are deemed appropriate by the Title IX Coordinator;
6) Refer the Reporting Party to the College’s Student Services offices or other resources, as appropriate;
7) Discuss protection from, and reporting of, Retaliation; and
8) Discuss with the Reporting Party, as appropriate, possible interim measures that can be provided to the Reporting Party pending the investigative and resolution processes. The College may implement such measures if appropriate and reasonably available regardless of whether a formal Complaint has been filed (with either campus administrators or law enforcement agencies) or whether an investigation (by either campus administrators or law enforcement agencies) has commenced. Interim measures may include but are not limited to those listed above.
Following the initial meeting with the Reporting Party, and in consultation with the Title IX Investigator, the Title IX Coordinator will, if applicable, promptly determine the interim measures to be provided for the Reporting Party. Such determination will be communicated to the Reporting Party, and to the Responding Party within the extent that such measures affect him or her.
(ii) Responding Party’s Initial Meeting with the Title IX Investigator
If the Reporting Party wishes to pursue a formal or informal resolution through the
College or if the College deems that further investigation is warranted, as soon as
is reasonably practicable after the Title IX Investigator’s initial meeting with the
Reporting Party, the Title IX Investigator will schedule an initial meeting with the
Responding Party. During the initial meeting with the Responding Party, the Title
IX Investigator will, as applicable:
1) Provide the Responding Party, in writing, sufficient information regarding the complaint, consistent with state and federal privacy laws and, in accordance with any request for the Reporting Party’s confidentiality. Such communication should allow him or her to respond to the substance of the allegation;
2) Provide the Responding Party a copy of the Sexual Misconduct Policy and these Procedures;
3) Explain the College’s procedures for formal resolution and informal resolution of the Complaint;
4) Explain the steps involved in a Sexual Misconduct investigation;
5) Discuss confidentiality standards and concerns with the Responding Party;
6) Discuss non-Retaliation requirements with the Responding Party;
7) Inform the Responding Party of any interim measures already determined and being provided to the Reporting Party that directly affect the Responding Party (e.g., changing his or her class schedule, or placing him or her at a different work location or on paid administrative leave);
8) Refer the Responding Party to the College’s Student Services offices and other resources, as appropriate; and
9) Discuss with the Responding Party, as appropriate, possible interim measures that can be provided to the Responding Party (such as those set forth above) pending the results of the investigative and resolution processes.
(g) Further Investigation
(i) The Initial Determination
The Title IX Coordinator, or designee, will determine that further investigation of
a Complaint should be conducted unless it is clear on the face of the Complaint and/or
based on the Title IX Investigator’s initial meetings with the parties that no reasonable
grounds exist for believing that the Responding Party engaged in Actionable Sexual
Misconduct.
In the event that the Title IX Coordinator, or designee, determines that further investigation is not warranted, he or she will determine and document the appropriate resolution of the Complaint and inform the parties of the same. In such cases, heightened confidentiality is imperative.
(ii) Investigation and Report
After the initial determination, the Investigator may promptly continue with further
investigation, taking steps such as:
1) Conducting interviews with the Reporting Party, the Responding Party, and third-party witnesses (including expert witnesses, where applicable) and summarizing such interviews in written form;
2) Where applicable, visiting, inspecting, and taking photographs at relevant sites; and
3) Where applicable, collecting and preserving relevant evidence
Note: In cases of corresponding criminal complaints, these steps may be coordinated with law enforcement agencies.
The Investigator will complete a written investigative report that includes items such as summaries of interviews conducted, photographs, and descriptions of relevant evidence, summaries of relevant electronic records, and a detailed report of the events in question (the “Investigative Report”). The Investigator will share the Investigative Report with the Title IX Coordinator, or designee. If it is determined that the case should proceed, Title IX Coordinator, or designee, will make it available, concurrently, to the Reporting Party and the Responding Party. All parties to whom the Investigative Report is made available pursuant to these procedures must maintain this information in confidence. The concurrent review must be completed by both the Reporting Party and the Responding Party within two business days of initial notification from the Investigator in order to allow time for receipt of any additional information provided by either party. This may include additional, verifiable eyewitnesses. Once the additional information is gathered, one last concurrent review is allowed and follows the same timeframe described above before progressing towards the resolution measures.
(h) Formal Versus Informal Resolution
At any time before the Title IX Coordinator refers the case to the Adjudicator under
Article V, the Reporting Party may elect to resolve his or her Complaint through the
informal resolution process in accordance with Article VI of these Procedures, provided
that (i) the Responding Party agrees to such resolution, (ii) both the Reporting Party
and the Responding Party are either students or employees of the College, (iii) the
Title IX Coordinator determines that informal resolution is an appropriate mechanism
for resolving the Complaint, and (iv) the Complaint does not involve Sexual Assault.
Otherwise, a Complaint that is not closed pursuant to the Title IX Investigator’s
initial determination or evaluation of the Investigative Report will proceed to formal
resolution in accordance with Article V of these Procedures.
ARTICLE V. FORMAL RESOLUTION
(a) The Referral to the Adjudicator
The Title IX Coordinator will refer the case to the Adjudicator. The Title IX Investigator
will share the Complaint and the Investigative Report with the Adjudicator and will
specify, if needed, which part(s) of the alleged misconduct will be the subject of
formal resolution.
(b) Responding Party’s Acknowledgement of Responsibility
At any time the Responding Party may elect to acknowledge his or her actions and take
responsibility for the alleged Sexual Misconduct. In such a situation, the Adjudicator
will propose sanction(s) for the Responding Party. If the Reporting Party and the
Responding Party agree to such proposed sanction(s), then the Complaint will be resolved
without any further proceedings and without any further rights of appeal by any party.
If either the Reporting Party or the Responding Party objects to such proposed sanction(s),
then the appointed adjudicator will determine a sanction, which determination may
be subject to appeal pursuant to procedures described below.
If at any time the responding party chooses to withdraw or to leave the institution permanently, the proceedings may cease, but only at the discretion of the Reporting Party or the Title IX Coordinator. Always, the institution reserves the right not to allow an individual to return to the College and may criminally trespass an individual from the College premises as a means of maintaining a safe environment for the College community.
(c) The Formal Resolution Process
In the case of formal resolution, the Adjudicator will determine whether the Responding
Party engaged in Actionable Sexual Misconduct and which sanctions, if any, are appropriate.
To do so, the Adjudicator will review the Investigative Report and other available
evidence and, as deemed necessary by the Adjudicator in consultation with the Title
IX Coordinator, interview the Reporting Party, Responding Party, and/or any witnesses.
As much as is feasible, the Adjudicator will work towards resolution without unnecessarily
retrying the case.
(i) Outcome
1) The Decision of the Adjudicator
Following the conclusion of the evidence review, the Adjudicator will determine whether
it is more likely than not that the Responding Party committed Actionable Sexual Misconduct
based on the preponderance of evidence standard.
2) Sanctions
a) Generally. Sanctions for a finding of responsibility depend upon the nature and gravity of the misconduct, any record of prior discipline for Sexual Misconduct, or both. Sanctions for employees may include, without limitation, withholding a promotion or pay increase, reassigning employment, terminating employment, administrative leave with or without pay, mandated counseling, educational sanctions, and/or compensation adjustments. Sanctions for students may include, without limitation, expulsion, suspension from the College, disciplinary probation, mandated counseling, and/or educational sanctions deemed appropriate by the Adjudicator. The appointed Adjudicator will determine sanctions, giving consideration as to whether a given sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation. The Adjudicator will forward its determinations regarding sanctions to the Title IX Coordinator.
b) Implementation of Sanctions. Sanctions imposed are not effective until the resolution of any timely appeal pursuant to these procedures. However, if it is advisable in order to protect the welfare of the Reporting Party or the College community, the Adjudicator may determine that any sanctions be effective immediately and continue in effect until such time as the appeal process is exhausted.
3) Final Accommodations and Corrective Action
In addition to any sanctions imposed on the Responding Party, promptly following the
Adjudicator’s issuance of a determination of responsibility, the Title IX Coordinator,
or designee, may determine the final accommodations to be provided to the Reporting
Party, if any, and will communicate such decision to the Reporting Party and, to the
extent that it affects him or her, to the Responding Party. Such accommodations may
include, but are not limited to those listed in Article IV regarding interim measures.
The Title IX Coordinator, or designee, also will take steps to prevent the further harassment of or Retaliation against the Reporting Party or third parties, such as informing them about how to report subsequent problems, following up with them to ensure that there are no subsequent problems, providing trainings for the College community, and providing Sexual Misconduct-related or other counseling for the Responding Party. The Title IX Coordinator, or designee, will also, where appropriate, take steps to prevent the harassment of the Responding Party.
Furthermore, the Title IX Coordinator, or designee, will take prompt corrective action if the Reporting Party experiences Retaliation or is subjected to further Sexual Misconduct or if the original sanctions imposed on the Responding Party are ineffective to protect the safety and well-being of the Reporting Party or other members of the College community. In cases involving Sexual Harassment, the Title IX Coordinator, or designee, also will take reasonable steps to eliminate any hostile environment that has been created. In taking the above-outlined steps, the Title IX Coordinator, or designee, will make every reasonable effort to minimize the burden on the Reporting Party.
4) Final Outcome Letter
The Adjudicator will issue a written decision letter (the “Final Outcome Letter”)
concurrently to the Responding Party and the Reporting Party.
For employee and third-party Responding Parties, the Final Outcome Letter will set forth (1) the name of the Responding Party, (2) the violation(s) of these Procedures for which the Responding Party was found responsible or a statement that the Responding Party was found not to have violated these Procedures, or a statement that there was not sufficient evidence to substantiate a finding, and (3) the sanctions imposed on the Responding Party.
For Student Responding Parties alleged to have committed Sexual Assault and/or Non-forcible Sex Acts, the Final Outcome Letter will set forth (1) the name of the Responding Party, (2) either the violation(s) of these Procedures for which the Responding Party was found responsible, a statement that the Responding Party was found not to have violated these Procedures, or a statement that there was not sufficient evidence to substantiate a finding, and (3) the sanctions imposed on the Responding Party, if any (setting forth only a description of the disciplinary action taken, the date of its imposition, and its duration).
For student Responding Parties alleged to have committed any other form of Sexual Misconduct, the Final Outcome Letter will set forth (1) the name of the Responding Party, (2) the violation(s) of these Procedures for which the Responding Party was found responsible or a statement that the Responding Party was found not to have violated these Procedures, or a statement that there was not sufficient evidence to substantiate a finding, and (3) the sanctions imposed on the Responding Party, if any (setting forth only a description of the disciplinary action taken, the date of its imposition, and its duration). To the extent that the sanctions imposed on the Responding Party do not constitute part of the Reporting Party’s “education record” (as that term is defined by FERPA), then such information will be redacted from the version of the Final Outcome Letter that is provided to the Reporting Party.
5) Confidentiality and Disclosure
In order to comply with FERPA and Title IX and to provide an orderly process for the
presentation and consideration of relevant information without undue intimidation
or pressure, the formal resolution process is not open to the general public. Accordingly,
documents prepared in connection with the formal resolution process may not be disclosed
outside of that process except as may be required or authorized by law.
If it is determined, however, that the Responding Party committed Actionable Sexual Misconduct, College policy does not prohibit the further disclosure of the Final Outcome Letter by either the Reporting Party or the Responding Party.
(ii) Appeals
The Reporting Party or the Responding Party may appeal the decision of the Adjudicator
and/or the sanction imposed on the Responding Party within five (5) business days
from the date of the Final Outcome Letter. The decision of the Adjudicator and the
sanction imposed on the Responding Party may, if desired, be appealed at this time.
1) Appeals of the Decision of the Adjudicator Regarding Responsibility for Sexual Misconduct
The only permissible grounds for an appeal of the decision of the Adjudicator regarding
responsibility are procedural error or previously unavailable relevant evidence that
significantly impacted the outcome of the case.
Appeals of the decision of the Adjudicator must be made in writing to the Title IX Coordinator. This may result in a concurrent review of the sanction at this time. The Title IX Coordinator or designee will promptly inform the other party (i.e., the Reporting Party or the Responding Party) of the filing of the appeal.
The Vice President of Enrollment Management and Institutional Effectiveness or panel will review the information provided by the party appealing the decision and provide a hearing in which both parties may participate in accordance with the College’s disciplinary hearing guide. Within three (3) business days after the appeal hearing, the Vice President of Enrollment Management and Institutional Effectiveness or panel will make a determination (i) that the decision of the Adjudicator should stand; or (ii) that the decision of the Adjudicator should be overturned.
In the event that the Vice President of Enrollment Management and Institutional Effectiveness determines that the decision of the Adjudicator should be overturned, the Vice President of Enrollment Management and Institutional Effectiveness will specify (after consultation with the Title IX Coordinator and other College administrators, as necessary) the appropriate steps to be taken to reach a final resolution of the Complaint. The Vice President of Enrollment Management and Institutional Effectiveness will notify the Reporting Party and the Responding Party concurrently of the decision or action.
2) Appeals of Sanctions
Likewise, the sanctions imposed on the Responding Party may be appealed only on the
grounds that the severity of the sanction imposed is substantially disproportionate
to the gravity of the Sexual Misconduct for which the Responding Party was found responsible.
Appeals must be made in writing to the Title IX Coordinator. The Title IX Coordinator
will promptly inform the other party (i.e., the Reporting Party or the Responding
Party) of the filing of the appeal.
The Vice President of Enrollment Management and Institutional Effectiveness or panel will make a determination (a) that the decision of the Adjudicator should stand or (b) that the decision of the Adjudicator should be overturned. In the event that the Vice President of Enrollment Management and Institutional Effectiveness or panel determines that the decision of the Adjudicator should be overturned, the Vice President of Enrollment Management and Institutional Effectiveness will specify (after consultation with the Title IX Coordinator and other College administrators, as necessary) the final sanctions to be imposed on the Responding Party. The Vice President of Enrollment Management and Institutional Effectiveness will notify the Reporting Party and the Responding Party concurrently of the decision.
Note: This step represents the final appeal in this procedure.
(iii) Documentation
The College will retain documentation (including but not limited to the written Complaint,
notifications, the Investigative Report, any written findings of fact, petitions for
appeal, and any written communication between the parties) for at least three (3)
years for Student Responding Parties and two (2) years for Staff Responding Parties.
Documentation pertaining to employee terminations, expulsions or educational sanctions
may be retained indefinitely.
ARTICLE VI. INFORMAL RESOLUTION
Informal resolution is only appropriate if (i) the Reporting Party requests it, (ii) the Responding Party agrees to it, (iii) both the Reporting Party and the Responding Party are either students or employees of the College, (iv) the Title IX Coordinator determines that it is an appropriate mechanism for resolving the Complaint, and (v) the Complaint does not involve Sexual Assault.
Informal resolution may not be selected for less than all of the misconduct alleged in the Complaint (for example, the parties may not choose to resolve a claim of Sexual Assault according to the formal resolution process but mediate all other claims). If the parties agree to informal resolution (and informal resolution is appropriate for all of the claims at issue), then all of the claims must be resolved according to the informal resolution process.
Either party may terminate the informal resolution process at any time and proceed with formal resolution. Furthermore, the Title IX Coordinator may, where appropriate, terminate or decline to initiate informal resolution, and proceed with formal resolution instead. In such cases, statements or disclosures made by the parties in the course of the informal resolution process may be considered in the subsequent formal resolution proceedings. The informal resolution process may not necessarily result in a formal disciplinary action for the Responding Party. However, the fact and details of the allegation(s) and the outcome of the informal resolution may be considered in connection with the evaluation of any subsequent Sexual Misconduct allegations against, and discipline-related decisions involving, the Responding Party.
(a) The Informal Resolution Process
(i) The Resolution Meeting
When the Complaint is to be resolved according to the informal resolution process,
there will be a resolution meeting. The purpose of the meeting is to allow an opportunity
for resolution of the Complaint without using the formal resolution process. The Title
IX Coordinator will appoint the assigned facilitator.
(ii) Notice of the Resolution Meeting
Promptly after the Title IX Coordinator has appointed the assigned facilitator, concurrent
written notice will be provided to the Reporting Party and the Responding Party, setting
forth (1) the date, time and location of a meeting, and (2) the name of the individual
selected to serve as the assigned facilitator. If only a portion of the alleged misconduct
justifies continuing to adjudication, the written notice will also specify in the
notice which part(s) of the alleged misconduct will be the subject of a meeting.
The Title IX Coordinator will evaluate the objection and determine whether to change the assigned facilitator. Failure to submit a timely and proper objection will constitute a waiver of any right of objection. Any substitution of the party serving as the assigned facilitator will be provided in writing to both parties prior to the date of a meeting.
(iii) No Contact Prior to Resolution Meeting
The Reporting Party and the Responding Party may not contact each other outside of
a resolution meeting, even to discuss a meeting.
(iv) Attendance
Both the Reporting Party and the Responding Party are expected to attend a resolution
meeting. If either party fails to appear at the meeting, and such party was provided
proper notice of the meeting as set forth above, then absent extenuating circumstances,
the assigned facilitator may direct that resolution of the Complaint be determined
according to the formal resolution process set forth above.
(v) Protocols
1) Rights of the Parties
During a resolution meeting, the Reporting Party and the Responding Party may:
a) Communicate their feelings and perceptions to each other in the presence of, and supervised by, the assigned facilitator;
b) Communicate feelings and perceptions regarding the alleged incident and the impact of the alleged incident; and/or
c) Relay wishes and expectations regarding protection in the future.
2) Counsel and Advisors
Absent accommodation for disability, the parties may not be accompanied by an advisor
during a resolution meeting.
3) Resolution
During a meeting, the assigned facilitator will attempt to facilitate the parties’
resolution of the Complaint. If a meeting results in a resolution between the parties
and the Title IX Coordinator finds the resolution to be appropriate under the circumstances
(giving consideration to the extent to which the resolution will protect the safety
of the Reporting Party and the entire school community), the informal disciplinary
procedure will be concluded and the Complaint will be closed. If the parties are unable
to reach a resolution, the formal resolution process outlined in Article V of these
Procedures will promptly commence.
(vi) Privacy and Disclosure
In order to comply with FERPA and Title IX and to provide an orderly process for the
presentation and consideration of relevant information without undue intimidation
or pressure, the informal resolution process is not open to the general public.
(vii) Documentation
The College will retain any documentation of the Informal Resolution Process for at
least three (3) years for Student Responding Parties and two (2) years for Staff Responding
Parties.
EXHIBIT A
Suggested Actions for Victims/Survivors of Sexual Assault
While all types of Sexual Misconduct are inappropriate and taken seriously by the College, actions involving Sexual Assault (as defined in Exhibit B) are particularly concerning. Thus, if you are the victim/survivor of a Sexual Assault, the College’s first priority is to help you take steps to address your safety, medical needs and emotional well-being. You are encouraged to take the following actions, as applicable, regardless of whether you have made a decision about whether to pursue criminal or College disciplinary charges.
1. Ensure Your Physical Safety
You may seek help from local law enforcement agencies or by contacting Campus Police.
Campus Police can assist you with contacting local law enforcement and can help you
obtain transportation to the local law enforcement office. Campus Police are on duty
24 hours a day, seven days a week.
2. Seek Medical Assistance and Treatment
Local options for medical care include any of the hospitals listed in the resources
below. It is crucial that you obtain medical attention as soon as possible after a
Sexual Assault to determine the possibilities of physical injury and to prevent or
treat sexually transmitted diseases (such as HIV). Medical facilities can also screen
for the presence of sedative drugs such as Rohypnol or GHB (date-rape drugs).
Employees at the College can help with contacting the closest facility to receive medical services.
3. Obtain Emotional Support
Navarro College Counseling & Advising can help victims/survivors sort through their
feelings and begin the recovery process. The professional counselors are trained to
provide crisis intervention on short-term and emergency issues. Counseling is free
of charge to all students. In some instances, the law may require the disclosure of
information shared by students with counselors. However, absent a legal mandate to
the contrary, counseling services are strictly confidential, are not part of students’
academic records, and will not be reported to other College staff.
4. Obtain Information / Report Misconduct
You are encouraged to report incidents of Sexual Assault to the College’s Title IX
Coordinator, Deputy Title IX Coordinator, Title IX Investigator or other designated
individuals or offices as outlined in the Sexual Misconduct Policy and these Procedures
(even if you have filed a report directly with law enforcement). Further information
about how to report Sexual Assault is provided in the body of the Navarro College
Sexual Misconduct Policy and these Procedures. College staff can help you access resources
if requested and can provide you with support and information, including information
on the College’s procedures for investigating and addressing instances of Sexual Assault.
IMPORTANT CONTACT INFORMATION
Title IX Resources
Experiences involving sexual misconduct are often difficult, life-changing events. We want you to know that guidance and support for all parties involved is available to help you through those situations.
Please do not hesitate to contact the Title IX Coordinator, Deputy Title IX Coordinator, or any of the resources listed below. We will get you the help and answers you need.
FOR LIFE-THREATENING EMERGENCIES
Police or Fire: Call 911
Medical or Mental Health: Call 911 or Visit Emergency Room
Title IX Coordinator
Elizabeth A. Pillans, J.D.,
Director of Paralegal Studies
Gooch One Stop Center – Room 314
(903) 875-7588
titleix@navarrocollege.edu
Title IX Deputy Title IX Coordinator
Marcy Ballew
Vice President of Operations
Albritton Administration Building – Room 145
(903) 875-7330
titleix@navarrocollege.edu
Title IX Investigators
Lee Owens
Director of Student Development
Richard Sanchez Library (First Floor)
(903) 875-7681
titleix@navarrocollege.edu
Philip Johnson, Executive Director of Student Services
Gooch One Stop Center (Main Floor)
(903) 875-7377
titleix@navarrocollege.edu
Corsicana Campus Resources
Counseling Services
Gooch One Stop Center - Room 317
(903) 875-7393 (Office)
(903) 231-3550 (After Hours)
Email Counseling Services
Navarro College Department of Public Safety (Campus Police)
NCDPS Office
(903) 875-7500
Director of Disability & Access Services
Philip Johnson, Executive Director of Student Services
Gooch One Stop Center (Main Floor)
(903) 875-7377
titleix@navarrocollege.edu
Director of Residence Life
Gibson Hall - Room 121
(903) 875-7540
Email Residence Life/Housing
24-Hour Campus Police Emergency Hotline
(903) 654-3999
24-Hour Residence Life Hotline
(903) 654-2778
Ellis County Campus Resources
Dean of Waxahachie Campus and Health Professions
Waxahachie Building A - Room 142
(972) 923-6406
Email Waxahachie Campus Dean
Dean of Midlothian Campus
Midlothian Building 1 - Room 101
(972) 775-7250
(972) 923-5120
Email Midlothian Campus Dean
Counseling Services
Gooch One Stop Center - Room 317
(903) 875-7393 (Office)
(903) 231-3550 (After Hours)
Email Counseling Services
Waxahachie Campus Department of Public Safety (Campus Police)
(972) 923-6436
Waxahachie Building C - Room 106
Midlothian Campus Department of Public Safety (Campus Police)
(972) 923-6436
Midlothian Building 2 - Room 269
Mexia Campus Resources
Dean of Mexia Campus
Mexia NCBC - Room 200
(254) 562-3848 ext. 5262
Email Mexia Campus Dean
Counseling Services
Gooch One Stop Center - Room 317
(903) 875-7393 (Office)
(903) 231-3550 (After Hours)
Email Counseling Services
Off-Campus Resources
LIFE-THREATENING EMERGENCIES
Police or Fire: Call 911
Medical or Mental Health: Call 911 or Visit Emergency Room
Medical Services
Rape Crisis Centers & Sexual Assault Nurse Examiners (SANE)
Dallas Area Rape Crisis Center
1100 N. Central Expw Ste. 601, Dallas, TX 75243
24-Hour Hotline: 972-641-7273
www.dallasrapecrisis.org
Methodist Dallas Medical Center
Sexual Assault Nurse Examiner (SANE) Program
1441 N. Beckley Avenue, Dallas, TX 75203
214.947.8181
Parkland Memorial Hospital
Victim Intervention Program (VIP)/Rape Crisis Center
4811 Harry Hines Blvd., Dallas, TX 75235
214.590.2926
24-Hour Hotline: 214.590.0430
Texas Health Presbyterian Hospital Dallas Sexual Assault Nurse Examiner (SANE) Program
8200 Walnut Hill Lane, Dallas, TX 75231
Emergency: 214.345.6203
General Questions about SANE: 214.345.6443
Crisis Center of Anderson and Cherokee Counties
313 West Debard, Palestine, TX 75801
903.586.9118
24-Hour Confidential Hotline: 1.800.232.8519
Providence Health Network & Advocacy Center for Crime Victims and Children SANE Program
6901 Medical Parkway, Waco, TX 76712 (Emergency Department)
Emergency: 254.751.4180
Advocacy Center Hotline: 254.752.7233
National Sexual Assault Hotline:
1.800.656.HOPE
Corsicana
Navarro Regional Hospital
3201 West Highway 22, Corsicana, TX 75110
903.654.6800
Emergency Department: 903.654.1010
Healing Hearts Center
PO Box 3111, Waxahachie, TX 75168
https://www.healing-hearts-center.org/
24-Hour Crisis Hotline: 1.80.828.7893
(Crisis hotline, emergency assistance, community education, case management, advocacy,
support groups, court accompaniment, counseling)
Waxahachie
Baylor Scott & White Medical Center
2400 North I-35E, Waxahachie, TX 75165
469.843.4000
Emergency Department: 469.843.5020
Healing Hearts Center
PO Box 3111, Waxahachie, TX 75168
https://www.healing-hearts-center.org/
24-Hour Crisis Hotline: 1.80.828.7893
(Crisis hotline, emergency assistance, community education, case management, advocacy,
support groups, court accompaniment, counseling)
Mexia
Parkview Regional Hospital
600 S Bonham St, Mexia, TX 76667
254.562.5332
Emergency Department: 254.5620.0408 x. 1745
Reporting Resources
Law Enforcement
Navarro College Department of Public Safety (Campus Police)
NCDPS Office
903.875.7500
Corsicana Police Department
200 N 12th St, Corsicana, TX
903.654.4900
Waxahachie Police Department
630 Farley, Waxahachie, TX 75165
972.937.9940
Midlothian Police Department
1150 North Highway 67, Midlothian, TX 76065
972.775.3333
Mexia Police Department
211 N Sherman St, Mexia, TX
254.562.4150
Reporting at Navarro College
Title IX Coordinator
Elizabeth A. Pillans, J.D.,
Director of Paralegal Studies
Gooch One Stop Center – Room 314
(903) 875-7588
titleix@navarrocollege.edu
Title IX Deputy Title IX Coordinator
Marcy Ballew
Vice President of Operations
Albritton Administration Building – Room 145
(903) 875-7330
titleix@navarrocollege.edu
Title IX Investigators
Lee Owens
Director of Student Development
Richard Sanchez Library (First Floor)
(903) 875-7681
titleix@navarrocollege.edu
Philip Johnson, Executive Director of Student Services
Gooch One Stop Center (Main Floor)
(903) 875-7377
titleix@navarrocollege.edu
EXHIBIT B
Definitions
Actionable Sexual Misconduct
“Actionable Sexual Misconduct” is Sexual Misconduct that, taking into account the
totality of the circumstances, is sufficiently serious and significant to warrant
adjudication under, and discipline pursuant to, these Procedures. Specifically, to
determine whether Sexual Misconduct rises to the level of Actionable Sexual Misconduct,
consideration will be given to the following criteria: (1) the type, frequency and
duration of the conduct (the more severe the conduct, the less the need to show a
repetitive series of incidents, particularly if the harassment is physical), (2) the
identity of and relationship between the alleged harasser and the alleged victim/survivor,
(3) the number of individuals involved, (4) the age and sex of the alleged harasser
and the alleged victim/survivor, (5) the location of the incidents and the context
in which they occurred, and (6) whether there have been similar incidents.
Actual Notice
“Actual Notice” includes but is not limited to a report of sexual misconduct, an individual
notifying the Title IX Coordinator or other Responsible Employee, reports to campus
police, a responsible employee witnessing sexual misconduct, or indirect notice received
from sources such as social media, the internet, flyers posted on campus, video, or
media.
Adjudicator
“Adjudicator” refers to the administrator who reviews the evidence and the Investigative
Report and determines responsibility and sanctions thereof. Typically, the adjudicator
is a) the Dean of Student Guidance for Student Responding Parties and b) the Vice
President of Human Resources for Personnel Responding Parties.
Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act (the “Clery Act”) is a federal statute codified at 20 U.S.C. § 1092(f), with implementing
regulations in the U.S. Code of Federal Regulations at 34 C.F.R. 668.46. The Clery
Act requires all colleges and universities that participate in federal financial aid
programs to keep and disclose information about crime on and near their respective
campuses.
Complaint
A “Complaint” is an allegation of Sexual Misconduct asserted against another party
and reported to or filed with the College.
Consent
“Consent” is informed, freely and actively given and mutually understandable words
or actions that indicate a willingness to participate in mutually agreed-upon sexual
activity. Consent is mutually understandable when a reasonable person would consider
the words or actions of the parties to have manifested a mutually understandable agreement
between them to engage in certain conduct with each other. Consent cannot be gained
by ignoring or acting in spite of the objections of another.
Consent cannot be inferred from:
1) Silence, passivity, or lack of resistance alone;
2) A current or previous dating or sexual
relationship alone (or the existence of such a relationship with anyone else);
3) Attire;
4) The buying of dinner or the spending of money on a date; or
5) Consent previously given (i.e., Consenting to one sexual act does not imply Consent to another sexual act). Consent is not effective if it is obtained through the use of physical force, violence, duress, intimidation, coercion or the threat, expressed or implied, of bodily injury. Whether a party used intimidation or coercion to obtain Consent will be determined by reference to the perception of a reasonable person found in the same or similar circumstances.
Consent may never be given by:
a) Minors, even if the other participant did not know the minor’s age;
b) Mentally disabled persons, if their disability was reasonably knowable to a sexual partner who is not mentally disabled; or
c) Persons who are incapacitated (whether as a result of drugs, alcohol or otherwise), unconscious, asleep or otherwise physically helpless or mentally or physically unable to make informed, rational judgments. The use of alcohol or drugs does not diminish one’s responsibility to obtain Consent and does not excuse conduct that constitutes Sexual Misconduct under these Procedures.
If at any time during a sexual act any confusion or ambiguity is or should reasonably be apparent on the issue of Consent, it is incumbent upon each individual involved in the activity to stop and clarify the other’s willingness to continue and capacity to Consent. Neither party should make assumptions about the other’s willingness to continue.
Constructive Notice
“Constructive Notice” includes but is not limited to situations in which the pervasiveness
of the harassment may be enough to conclude that the College should know of the hostile
environment, the harassment is widespread, openly visible, or well known to students
and/or staff, or a report is made to an employee who had a reporting duty to a supervisor,
but failed to do so.
Dating Violence
“Dating Violence” means violence committed by a person
1) Who is or has been in a social relationship of a romantic or intimate nature with the alleged victim/survivor or Reporting Party; and
2) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
a) The length of the relationship,
b) The type of relationship, and
c) The frequency of interaction between the persons involved in the relationship.
Day
A “day” is a business day, unless otherwise specified.
Deputy Title IX Coordinator
The College’s Deputy Title IX Coordinator works under the oversight of the Title IX
Coordinator to assist with the handling of Title IX-related Complaints. The Title
IX Coordinator may, at his or her discretion, assign a Deputy Title IX Coordinator
as the acting Title IX Coordinator in connection with a given Complaint.
Domestic Violence
“Domestic Violence” includes felony or misdemeanor crimes of violence committed by
a current or former spouse of the alleged victim/survivor or Reporting Party, by a
person with whom the alleged victim/survivor or Reporting Party shares a child in
common, by a person who is cohabiting with or has cohabited with the alleged victim/survivor
or Reporting Party as a spouse or intimate partner, by a person similarly situated
to a spouse of the alleged victim/survivor or Reporting Party under the domestic or
family violence laws of the State of Texas, or by any other person against an adult
or youth alleged victim/survivor or Reporting Party who is protected from that person’s
acts under the domestic or family violence laws of the State of Texas.
FERPA
The Family Educational Rights and Privacy Act (“FERPA”) is a federal statute codified
at 20 U.S.C. § 1232g, with implementing regulations in the U.S. Code of Federal Regulations
at 34 C.F.R. 99. FERPA protects the privacy of student education records. FERPA grants
to parents or eligible students the right to access, inspect, and review education
records, the right to challenge the content of education records, and the right to
consent to the disclosure of education records.
Investigator
The “Investigator” is a neutral fact-finder who is designated by the Title IX Coordinator
to investigate a Complaint. The Investigator will be trained regularly on (1) reasonable
and appropriate investigative techniques, (2) issues related to Sexual Misconduct,
and (3) how to conduct an investigation that protects the safety of alleged victims/survivors
or Reporting Parties and promotes accountability.
Non-forcible Sex Act
A “Non-forcible Sex Act” is an unlawful sexual act where Consent is not relevant,
such as sexual contact with an individual under the statutory age of Consent, as defined
by Texas law, or between persons who are related to each other within degrees wherein
marriage is prohibited by law.
Personally Identifiable Information
“Personally Identifiable Information” as defined by FERPA includes, but is not limited
to:
1) A student’s name;
2) The name of a student’s parent(s) or other family members;
3) The address of a student or a student’s family;
4) A personal identifier, such as a student’s social security number, student number, or biometric record;
5) Other indirect identifiers, such as a student’s date of birth, place of birth, or mother’s maiden name;
6) Other information that, alone or in combination, is linked or linkable to a specific student and that would allow a reasonable person in the College community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
7) Information requested by a person whom the College reasonably believes knows the identity of the student to whom the education record relates.
Rape
“Rape” is the act of sexual intercourse or penetration (anal, oral or vaginal), however
slight, with any body part or any object, by a man or a woman upon a man or a woman,
without Consent, including vaginal penetration by a penis, object, tongue or finger;
anal penetration by a penis, object, tongue or finger; and oral copulation (mouth
to genital contact or genital to mouth contact).
Reporting Party
The “Reporting Party” is an alleged victim/survivor of Sexual Misconduct who chooses
to file a Complaint and participate in the College’s investigation and resolution
of the alleged Sexual Misconduct.
Responding Party
The “Responding Party” is an individual who has been accused of committing Sexual
Misconduct by the reporting or filing of a Complaint.
Responsible EmployeesThe College’s “Responsible Employees” are all College employees not designated as “Strictly Confidential Resources” in Article II of these Procedures.
Retaliation
“Retaliation” means any adverse action threatened or taken against a person because
he or she has filed, supported, or provided information in connection with a Complaint
of Sexual Misconduct, including but not limited to direct and indirect intimidation,
threats, and harassment.
Sex Discrimination
“Sex Discrimination” means adverse treatment of any individual based on sex, gender,
gender identity, rather than individual merit. Sex discrimination may also include
abusive or harassing behavior, whether verbal or physical, that demeans or intimidates
another individual because of sex.
Sexual Assault
“Sexual Assault” means any actual, attempted, or threatened sexual act with another
person without that person’s Consent. Sexual Assault includes but is not limited to:
1) Rape and attempted Rape;
2) Intentional and unwelcome sexual touching (including disrobing or exposure), however slight, with any body part or any object, by a man or a woman upon a man or a woman, without effective Consent, of a person’s breasts, buttocks, groin, or genitals (or clothing covering such areas), or coercing, forcing, or attempting to coerce or force another to touch you, themselves, or a third party with any of these body parts or areas when such touching would be reasonably and objectively offensive;
3) Any sexual act in which there is force, violence, or use of duress or deception upon the victim/survivor;
4) Any sexual act perpetrated when the victim/survivor is unable to give Consent; and
5) Sexual intimidation, which includes but is not limited to:
a) Threatening, expressly or impliedly, to commit a sexual act upon another person without his or her Consent,
b) Stalking or cyber-stalking, and
c) Engaging in indecent exposure.
Sexual Exploitation
“Sexual Exploitation” means any act of taking non-Consensual, unjust or abusive sexual
advantage of another person for one’s own advantage or benefit or to benefit or advantage
anyone other than the person being exploited. Sexual Exploitation includes, but is
not limited to:
1) Causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such person;
2) Prostituting another person (i.e., personally gaining money, privilege or power from the sexual activities of another);
3) Non-Consensual videotaping, photographing, or audio-taping of sexual activity and/or distribution of these materials via media such as, but not limited to, the Internet;
4) Exceeding the boundaries of Consent (e.g., allowing another person to observe Consensual sex without the knowledge of or Consent from all participants);
5) Voyeurism; and
6) Knowingly or recklessly transmitting a sexually transmitted disease (including HIV) to another individual.
Sexual Harassment
“Sexual Harassment” is any unwelcome sex-based verbal, nonverbal, written, electronic
or physical conduct
a) In the employment context, unreasonably interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment, or
b) In the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities.
Examples of Sexual Harassment include:
1) Quid Pro Quo Sexual Harassment, which refers to incidents in which submission or consent to the behavior is reasonably believed to carry consequences for the individual’s education, employment, or participation in a College activity. Examples of this type of sexual harassment include:
a) Pressuring an individual to engage in sexual behavior for some educational or employment benefit, or
b) Making a real or perceived threat that rejecting sexual behavior will carry a negative educational or employment consequence for the individual.
2) Hostile Environment Sexual Harassment, which refers to incidents in which the behavior is so severe or pervasive that it has the effect of substantially interfering with the individual’s work or educational performance by creating an intimidating, hostile, or demeaning environment for employment, education, or participation in a College activity. Examples of this type of sexual harassment include:
a) One or more instances of Sexual Assault;
b) Persistent unwelcome efforts to develop a romantic or sexual relationship;
c) Unwelcome sexual advances or requests for sexual favors;
d) Unwelcome commentary about an individual’s body or sexual activities;
e) Repeated and unwelcome sexually-oriented teasing, joking, gestures, or flirting; and
f) Verbal abuse of a sexual nature.
Sexual harassment also includes acts of intimidation, bullying, aggression or hostility based on gender or gender-stereotyping, even if the acts do not involve conduct of a sexual nature.
Sexual Misconduct
“Sexual Misconduct” means any unwelcome conduct of a sexual nature, including any
conduct or act of a sexual nature perpetrated against an individual without Consent.
Sexual Misconduct can occur between strangers or acquaintances, including people involved
in an intimate or sexual relationship. Sexual Misconduct can be committed by men or
by women, and it can occur between people of the same or different sex. Sexual Misconduct
also includes complicity in Sexual Misconduct. The College encourages reporting of
all Sexual Misconduct. Sexual Misconduct includes but is not limited to:
1) Dating Violence;
2) Domestic Violence;
3) Non-forcible Sex Acts;
4) Sexual Assault;
5) Sexual Exploitation;
6) Sexual Harassment; and
7) Stalking.
Stalking
“Stalking” means engaging in a course of conduct directed at a specific person that
would cause a reasonable person to:
1) Fear for his or her safety or the safety of others; or
2) Suffer substantial emotional distress.
For purposes of this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim/survivor.
Strictly Confidential Resources.
The College’s “Strictly Confidential Resources” are set forth in Article II(d)(ii)(1).
Title IX Coordinator
The College’s Title IX Coordinator is Elizabeth A. Pillans, J.D., whose office is
in Room 314 of the Gooch One Stop Center on the Corsicana Campus. This office can
be contacted by phone at (903) 875-7588 or by email at titleix@navarrocollege.edu. The Title IX Coordinator has ultimate oversight responsibility for handling Title
IX–related complaints and for identifying and addressing any patterns or systemic
problems involving Sexual Misconduct. The Title IX Coordinator is available to meet
with individuals who are involved with or concerned about issues or College processes,
incidents, patterns or problems related to Sexual Misconduct on campus or in College
programs. All allegations involving Sexual Misconduct should be directed to the Title
IX Coordinator or other designated College individuals or offices as outlined in the
Sexual Misconduct Policy and these Procedures.
Personnel may refer to Section DFD.1 for similar information.
Approved: October 18, 2016
Updated: November 27, 2018, August 13, 2019