Section FFE

Student
Student Welfare
Sexual Misconduct Policy

Policy

Note: This policy addresses complaints of sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation targeting students and perpetrated by students, employees, or third parties under the control of Navarro College (the “College”). For complaints of sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation targeting employees, see Navarro College Board Policy and Administration Procedure Section DFD.

Statement of Nondiscrimination

Navarro College prohibits discrimination, including harassment, against any student on the basis of sex or gender in the education programs and activities of the College. The College also prohibits retaliation against anyone who in good faith reports a violation of this policy, who opposes conduct prohibited by this policy, or who cooperates in an investigation, disciplinary process, or judicial proceeding arising from such report.

Members of the Board of Trustees, the College President, administrators, faculty, staff, students, and other individuals subject to the control of the College shall comply with this policy. An individual who is both a student and an employee shall be treated as a student under this policy. Individuals who violate this policy are subject to discipline up to and including expulsion for students and termination for employees.

Title IX Coordinator

The College designates the following person to coordinate the College’s compliance with federal antidiscrimination laws, including Title IX of the Education Amendments of 1972, as amended, and related state and federal laws:

Title IX Coordinator: Hannah Raines, Director of Academic Compliance

Address: Drane Hall, Room 115, 3200 W. 7^th Avenue, Corsicana, TX 75110

Phone: (903) 875-7623

Email: titleix@navarrocollege.edu

Web page: https://navarrocollege.edu/title-ix/index.html

ADA/Section 504 Coordinator and Deputy Title IX Coordinator (Staff): Marcy Ballew, Executive Vice President

Address: Richard Sanchez Library, Room 103B, 3200 West 7th Avenue, Corsicana, TX 75110

Phone: (903) 875-7330

Email: titleix@navarrocollege.edu

Definitions

Complainant – An individual who is alleged to be the victim of conduct prohibited by this policy.

Respondent – An individual who allegedly engaged in conduct prohibited by this policy.

Formal Complaint – A document filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Harassment against a Respondent and requesting an investigation of the allegations. The Complainant must be participating in or attempting to participate in an education program or activity of the College to file a Formal Complaint of Title IX Sexual Harassment.

Sex Discrimination – The act of treating students disparately on the basis of their sex in a manner that adversely affects the student. Disparate treatment is the act of treating similarly situated persons differently, such as applying a different academic standard to students based on their sex or denying a student participation in a program or activity because of sex stereotypes or the student’s failure to comply with sex stereotypes.

Sexual Misconduct – Collectively refers to Sexual Harassment (Title IX, including quid pro quo, sexual assault, domestic violence, dating violence, and stalking as defined by this policy) and Other Inappropriate Conduct (as defined by this policy).

Prohibited Conduct - Collectively refers to Sexual Misconduct, Sex Discrimination, and Retaliation.

Sexual Harassment (Title IX) – Conduct on the basis of sex occurring within a program or activity of the College that satisfies one or more of the following:

A College employee conditioning the provision of an aid, benefit, or service of the College on the person’s ’s participation in unwelcome sexual conduct (“quid pro quo” harassment);
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the the person equal access to the College’s educational program or activities (“hostile environment harassment”); or
Conduct that constitutes “sexual assault,” “dating violence,” domestic violence,” or “stalking” as defined in this policy.

Sexual Assault - Sex offenses as defined under the uniform crime reporting system of the Federal Bureau of Investigation. Sex offenses include:

Rape – Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, or by a sex-related object, without the consent of the victim, including instances where the victim is incapable of giving consent.
Criminal Sexual Contact - The intentional touching, of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual radiationion, sexual gratification, or sexual humiliation.
Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence – Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence – Felony or misdemeanor crimes committed by

A current or former spouse, or intimate partner, of the victim.
A person with whom the victim shares a child in common,
Any other member of the victim’s family (parents and children, including adopted and foster, siblings, aunts, uncles, nieces, nephews, grandparents, grandchildren, and in- laws),
Any other current or former member of the victim’s household meaning the parties live or lived together in the same dwelling.

Domestic Violence can include intentional physical harm, bodily injury, assault, or sexual assault or a threat that reasonably places the person;

in fear of imminent physical harm, bodily injury, assault or sexual assault. Note that when the relationship between parties is not sexual or intimate in nature, to fall within the definition of Sexual Harrassment, the conduct must be based on sex.

Stalking – Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or suffer substantial emotional distress.

Examples

Quid pro quo – verbal and nonverbal requests for sexual favors in exchange for an educational benefit, such as a good grade, recommendation, or research position
Hostile environment harassment – repeated unwanted sexual advances; jokes or conversations of a sexual nature; name-calling, slurs, or rumors that are based on sex or sex stereotypes; sharing sexually explicit material, including when generated using artificial intelligence
Rape – nonconsensual sexual intercourse, sodomy, oral sex, or penetration with an object, the conduct does not have to be for purposes of sexual gratification
Criminal Sexual Contact – nonconsensual touching of private body parts or of other body parts when sexual in nature,
Dating Violence – physical harm, sexual assault, or threats toward a current or former dating partner, threatening to commit suicide or homicide if the person ends the relationship,
Stalking – cyberstalking or use of the internet or electronic means to harass, intimidate, or frighten another person; tracking the student; attempting to isolate the student from friends and family; threatening a student’s spouse or partner; or encouraging others to engage in these behaviors.

Other Inappropriate Conduct – Conduct on the basis of sex that does not meet the Title IX definitions of Sexual Harassment but that adversely impacts the educational environment. The term includes the following:

"Sexual harassment” as defined under the Texas Education Code, sec. 51.251(5), which prohibits unwelcome, sex-based verbal or physical conduct that 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 at a postsecondary educational institution.
Unwelcome sexual advances or requests for sexual favors; persistent and unwanted sexual attention; sexual voyeurism (such as watching a person disrobing, using the restroom, or engaging in sexual acts, without the consent of the person observed); unwelcome sexual gestures; public exposure of one’s sexual organs on campus or at an event under the control of the College; displaying obscene materials in a public place on campus; forwarding pornographic or obscene material via email or text message to non-consenting recipients; recording or photographing sexual activity or a person’s genital area or breast area or from a vantage point that a reasonable person would view as an invasion of personal privacy; and allowing a third party to view consensual sex without the knowledge of the other participant(s).
Unwelcome comments of a sexual nature that a reasonable person would view as gratuitous, intimidating, offensive, and/or degrading and that adversely impacts an individual’s educational environment. In the academic context, including the context of a classroom discussion or preparation of a course assignment, a relevant factor is whether the comments are reasonably related to course content or serve a legitimate pedagogical function. The College’s definitions are not intended to restrict constitutionally protected speech.
A consensual sexual or romantic relationship between a student and employee when the student is enrolled in a course being taught, tutored, or supervised by the employee; when the student is being supervised, coached, or advised by the employee in connection with a College-related activity; and/or or when the student is enrolled or working in a program in which the employee has direct or indirect supervisory authority.
Conduct of a sexual nature that is consensual between two or more parties but that is nonetheless inappropriate in an educational environment, such as engaging in sexual acts in a campus building.

Consent – Consent is an affirmative clear, unambiguous, knowing, informed, voluntary and ongoing agreement between all participants to engage in sexual activity. Silence or lack of resistance does not constitute consent. Consent to engage in a sexual act need not verbal consent; to engage in a sexual act may be indicated through physical actions rather than words. Obtaining consent is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based on a participant’s sex. Consent may be initially given but withdrawn at any time. Consent cannot be given when a person is mentally disabled or mentally or physically incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness, being asleep, or being involuntarily restrained. Consent does not exist when participation is the result of any coercion, intimidation, force, or threat of harm. Consent does not exist when the Respondent misrepresents their true identity to the victim.

Under the Texas Penal Code, individuals under the age of 17 cannot give consent as a matter of law. However, it is an affirmative defense to criminal prosecution that the offender was not more than three years older than the victim at the time of the offense; did not use duress, force, or a threat against the victim at the time of the offense; and was not a registered sex offender.

Confidential Employee – A person who holds a professional license requiring legal confidentiality, such as a counselor or medical provider, who is supervised by such a person, or a person who is a nonprofessional counselor or advocate designated in administrative procedures as a confidential source. This definition does not apply to persons who hold professional licenses, such as a Licensed Professional Counselor, but whose job responsibilities for the College do not include the provision of mental health and/or therapeutic services. Further, this definition does not include academic counselors providing academic and personal support in education and career planning.

Retaliation – Adverse action taken because of or to interfere with an individual’s assertion of their rights under this policy or their participation in the grievance process. See additional information below.

Education Program or Activity – Includes on-campus and off-campus locations, classes, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which the prohibited conduct occurred. It includes any building owned or controlled by a student organization that is officially recognized by the College.

Days – College business days, unless otherwise noted. In calculating timelines under this policy, the day a document is filed is “day zero.” The following business day is “day one.”

Reporting Procedures

Administrative Reports

Any student or other individual may report Prohibited Conduct whether or not the person reporting is the Complaintant. Reports may be submitted to the College’s Title IX Coordinator in person or by mail, telephone, electronic email, or online on the Navarro College Title IX website. Submitting a report does not obligate a student to file a Formal Complaint or participate in an investigation.

When a student (or someone on their behalf) makes a report to the Title IX Coordinator, the Title IX Coordinator will notify the student in writing of the student’s rights and options, including how to file a Formal Complaint if desired and how to request support services or supportive measures. A student may request supportive services or supportive measures without filing a Formal Complaint.

Alternative Reporting Procedures

A student or employee is not required to, and should not, report Prohibited Conduct to the person alleged to have committed the conduct. Should an individual need to report Prohibited Conduct by any Title IX staff they may contact any other member of the Title IX staff to receive alternative reporting procedures.

Anonymous Report

The submission of an anonymous report is permissible but may impair the College’s ability to investigate and address the Prohibited Conduct. An employee, who is not the Complainant, and observes or receives information concerning alleged Sexual Misconduct shall submit a report in accordance with this policy, but shall not submit the report anonymously.

Reports to the Police

The decision whether to report to law enforcement belongs to the Complainant. A Complainant has the right to choose whether to report the crime to law enforcement, to be assisted by the College in reporting the crime to law enforcement, or to decline to report the crime to law enforcement. Additionally, regardless of whether the Complainant files a police report, the Complainant has a right to file an administrative complaint with the College or to seek support services or supportive measures from the College. A Complainant may request the assistance of the Title IX Coordinator in making a police report.

It is important that a victim of Sexual Misconduct go to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident.

Mandatory Reporting

Any employee, who in the course and scope of their employment, observes or receives information regarding an incident that the employee reasonably believes constitutes Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, or Stalking, that was committed by or against a Navarro College student or employee must promptly report the incident or allegation to the College’s Title IX Coordinator or Deputy Title IX Coordinator unless an express exception applies. The duty to report applies if, at the time of the incident, the alleged victim or Respondent was enrolled at or employed by the College. The employee shall report all known information regarding the incident, including, if available, the name of the alleged victim, Respondent, location, and nature of the incident. If the alleged victim has expressed a desire for confidentiality, the employee shall provide this information to the Title IX Coordinator.

For purposes of this reporting requirement, Sexual Harassment is defined as unwelcome, sex-based verbal or physical conduct that: in the employment context, unreasonably interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment; or 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 education programs or activities at the College.

“Course and scope of employment” means an employee performing duties in furtherance of the College’s interests.

Employees who fail to make a mandatory report are subject to termination in accordance with the College’s termination procedures. Additionally, the employee is subject to criminal prosecution as stated in Section 51.255 of the Texas Education Code.

An employee who makes a report under this policy may have additional reporting obligations under other law. Employees who are campus security authorities under the Clery Act will have an obligation to report incidents to the Navarro College Department of Public Safety, in accordance with the Clery Act. Additionally, any employee who has cause to believe that a child’s physical or mental health or welfare has been adversely affected by sexual abuse, child abuse, or neglect by any person must report the suspicion as required by chapter 261 of the Texas Family Code. A child is a person who is 17 years old or younger. An employee that suspects abuse or neglect of a child must within 24 hours report the suspicion to the Texas Abuse Hotline (1-800-252-5400) at the Texas Department of Family and Protective Services (DFPS). If the child is in immediate danger, the employee should first call 9-1-1 first and then the Texas Abuse Hotline.

Exceptions

Victims of an alleged incident are not required to report their own incidents.

A person who received the information solely from a disclosure at a Sexual Harassment, Sexual Assault, Dating Violence, or Stalking public awareness event sponsored by a postsecondary educational institution or by a student organization affiliated with the institution is not required to report the prohibited conduct unless the person has the authority to institute corrective measures on behalf of the College.

Absent the student’s consent, or unless required by law, a Confidential Employee shall only be required to disclose the type of incident reported and may not disclose information that would violate the student’s expectation of privacy. If multiple Confidential Employees receive information about the same alleged incident, then only one report disclosing the type of incident must be submitted.

Absent consent or unless required by law, a student designated in administrative regulations as a student advocate to whom another student may speak confidentially concerning prohibited conduct may not disclose any communication made by the other student.

A person who has either learned of a reportable incident during the course of the College’s review or process, or has confirmed with the person or office overseeing the review or process that the incident has been previously reported, is not required to report the conduct.

Amnesty

To encourage reporting of Sexual Misconduct, the College prohibits disciplinary action against a student who in good faith reports to the College being the victim, or a witness to, an incident of Sexual Misconduct for a violation, by the student of the College’s code of conduct occurring at or near the time of the incident. For example, a student who reports that they were a victim of Sexual Assault will not face disciplinary charges for other code of conduct violations, such as underage drinking, that occurred in conjunction with the alleged Sexual Assault. A person who allegedly engaged in Sexual Misconduct may not avoid discipline by reporting his or her own acts of Sexual Misconduct.

Similarly, an employee acting in good faith who reports or assists in the investigation of a report of Sexual Misconduct or who testifies or otherwise participates in a disciplinary process arising from a report of such an incident, may not be subjected to any disciplinary action by the College for any violation of the code of conduct reasonably related to the incident and for which suspension or termination is not a possible punishment. This provision does not apply to a person who perpetrates or assists in the perpetration of the incident.

Bias and Conflict of Interest Prohibited

The College shall ensure that any individual designated as a Title IX Coordinator, Deputy Title IX Coordinator, investigator, decision-maker, or any person facilitating the informal resolution process, does not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Training

A person designated as the Title IX Coordinator, a Deputy Title IX Coordinator, an investigator, a decision-maker, or a facilitator of an informal resolution process shall receive training as required by law and College procedures.

Initial Response to Reports of Title IX Sexual Harassment

Supportive Measures for Complainants and Respondents

When the College receives notice of an allegation of conduct that, if true, would meet the definition of Title IX Sexual Harassment under this policy, the Title IX Coordinator shall promptly contact the Complainant to:

Discuss the availability of supportive measures and inform the Complainant that such measures are available without the filing of a Formal Complaint;
Consider the Complainant’s wishes with respect to supportive measures; and

Explain to the Complainant the option and process for filing a Formal Complaint.

If a Formal Complaint is filed by the Complainant or signed by the Title IX Coordinator, the Title IX Coordinator shall promptly contact the Respondent to:

Discuss the availability of supportive measures,
Consider the Respondent's wishes with respect to supportive measures; and
Explain the grievance process.

Complainants and Respondents are both entitled to request supportive measures. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available, and without fee or charge to the Complainant or the Respondent. Supportive measures are designed to restore or preserve access to the individual’s education program or activity without unreasonably burdening the other party; protect the safety of all parties and the educational environment; and deter Sexual Harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The Complainant and Respondent are entitled to drop a course in which both parties are enrolled, without an academic penalty.

Navarro College must maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality will not impair Navarro College’s ability to provide the supportive measures. The Title IX Coordinator or Deputy Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Emergency Removal or Administrative Leave of Respondent

A Student-Respondent may be removed from the College’s education program or activity on an emergency basis. The Title IX Coordinator or designee must undertake an individualized safety and risk analysis and determine whether an immediate threat to the physical health or safety of any student or another individual arising from the allegations of Sexual Harassment justifies removal. The Respondent must be provided with notice of the removal and an opportunity to challenge the decision immediately following the removal. The Title IX Coordinator or designee shall send written notice to the student via (i) hand delivery or (ii) electronic mail and first-class U.S. mail. An emergency removal will take effect immediately even if the affected student challenges the removal. The purpose of the removal is not to resolve the underlying charge of misconduct but to determine if removal is justified pending a determination on the underlying charge.

In some circumstances, the College may determine that removal of an Employee-Respondent from campus would be appropriate prior to a determination of responsibility. Administrative leave can include a temporary reassignment, restrictions on access to a part of campus, or suspension from campus. Administrative leave must be approved by the College President, the Vice President of Operations, or designee. The terms and conditions of the leave, including the employee’s pay status, shall be in accordance with the employee’s contract, if any, and the College’s personnel policies.

The provisions relating to emergency removal and administrative leave may not be construed to modify any rights that a student or employee may have under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973.

Request Not to Investigate

The Complainant may request that the College not investigate the allegations, or may wish to keep the matter completely confidential or to withdraw a Formal Complaint after it is filed. In such circumstances, the College must weigh the rights, interests, and safety of all parties and the larger campus community. In weighing a request not to investigate, the College will evaluate:

The seriousness of the alleged conduct;
Whether the College has received other reports of Title IX Sexual Harassment involving the same Respondent(s);
Whether there is a risk of harm to others; and
Any other factors that the College determines to be relevant to the analysis.

The Title IX Coordinator shall promptly notify the Complainant in writing of the decision regarding whether the College will initiate the formal grievance process. If the Title IX Coordinator decides not to investigate based on the Complainant’s request not to investigate, the College shall take any steps necessary to protect the health and safety of the College community in relation to the alleged incident, as well as to end the alleged harassment precent its recurrence, and remedy its effects.

If the Title IX Coordinator determines that an investigation is necessary, the Title IX Coordinator will sign a Formal Compliant on behalf of the College. The Complainant is not required to participate in the grievance process.

Initial Assessment and Response to a Formal Complaint

Upon receipt of a Formal Complaint, the Title IX Coordinator will provide written notice to the parties regarding the filing of the Formal Complaint. The notice will contain the following information:

A description of the support services and supportive measures available to Complainants and Respondents;
A copy of the applicable Sexual Misconduct policies and procedures;
A statement of the allegations of misconduct with sufficient detail known at the time of the filing of the complaint, including the identity of the parties, the conduct allegedly constituting sexual harassment, and the date(s), time(s), and location(s) of the alleged conduct (if known).
Identification of the alleged policy violations or code of conduct violations being investigated;
A statement that the Respondent is presumed not responsible and that a determination regarding responsibility will be made at the conclusion of the grievance process;
A statement regarding the parties’ right to inspect and review the evidence gathered during the investigation that is directly related to the allegations in the Formal Complaint;
A statement regarding the prohibition on knowingly making false statements during the grievance process; and
Notice of the right to an advisor of their choice, who may be, but is not required to be, an attorney.

A party’s advisor may accompany the party to any related meeting or grievance proceeding, may inspect and review evidence, and may receive the investigative report. Students must provide the name and contact information of their advisor, if any, to the Title IX Coordinator and state whether the advisor is authorized by the student to receive confidential information on behalf of the student.

Mandatory and Permissive Dismissal of the Formal Complaint

The Title IX Coordinator will evaluate the allegations and will dismiss a Formal Complaint if the allegations, even if true, do not describe Title IX Sexual Harassment as defined in this policy, did not occur in a College program or activity, or did not occur in the United States, or the Complainant was not participating in or attempting to participate in an education program or activity of the College at the time they filed the Formal Complaint. If the Formal Complaint is dismissed for this reason, the Title IX Coordinator may refer the complaint for possible investigation and discipline under another College policy or the code of conduct.

The College may dismiss a Formal Complaint for any of the following reasons: (a) the employee- Respondent is no longer employed by the College; (b) the Complainant requests dismissal in writing; (c) or other circumstances exist that prevent the College from gathering evidence sufficient to reach a determination as to the allegations in the Formal Complaint.

Before dismissing a Formal Complaint for a permissive reason, the Title IX Coordinator will evaluate whether it is still possible to end the alleged harassment, prevent its recurrence, and remedy its effects without completing the grievance process. Supportive measures are available even if a Formal Complaint is dismissed.

Upon dismissal of a Formal Complaint, the Title IX Coordinator shall provide the parties written notice of the dismissal and the reason(s) for it. The notice will also include information about how to appeal the dismissal decision.

Consolidated Complaints

When the allegations underlying two or more Formal Complaints arise out of the same facts or circumstances, the College may consolidate the Formal Complaints.

Formal Complaints Against the President

A Formal Complaint against the College President will be submitted by the Title IX Coordinator to the Chairperson of the Board of Trustees of the College. This policy and the College’s grievance process shall apply to the extent practicable; avoidance of any conflict of interest is paramount. The Chairperson shall appoint an external investigator, who may be an attorney, to conduct an investigation that complies with 34 C.F.R. § 106.45. The Chairperson shall appoint an external attorney to conduct any live hearing required by 34 C.F.R. § 106.45. Any investigators or hearing officers shall be neutral and impartial and possess the training required by law. Any appeals shall be heard by the Board of Trustees.

Investigation and Hearing Processes

The College President shall prepare a grievance process that complies with Title IX and its implementing regulations. That process shall be known as the “Title IX Grievance Process.” In addition, the College President shall prepare a grievance process to address complaints of Other Inappropriate Conduct that do not fall under the Title IX Grievance Process.

The College’s grievance processes shall provide for the prompt and equitable resolution of complaints through timely investigations, hearings, and appeals. A grievance ordinarily will be completed within 120 days from the filing of the Formal Complaint, with the investigation phase taking approximately 45 to 60 days and the hearing and appeal phase taking approximately 60 to 75 days. Most cases should be resolved in less than 120 business days, while some cases may take additional time due to extenuating circumstances such as a party’s illness, a concurrent law enforcement proceeding, witness unavailability, a public health emergency, or the need to arrange for language assistance or technology or disability-related accommodations. The College may extend the timeframes for good cause and with written notice to the parties of the delay, the reason for the delay, and the length of the extension of time.

The grievance processes shall be posted on the College’s website.

Criminal or Regulatory Investigation

If a law enforcement or regulatory agency notifies the College that a criminal or regulatory investigation has been initiated, the College shall confer with the agency to determine if the College’s investigation would impede the criminal or regulatory investigation. The College shall proceed with its investigation only to the extent that it does not impede the ongoing criminal or regulatory investigation. After the law enforcement or regulatory agency has completed gathering its evidence, the College shall promptly resume its investigation.

Title IX Grievance Process

The Title IX Grievance Process shall address and require the following elements:

Equitable treatment of Complainants and Respondents;
An objective evaluation of all relevant evidence , including both inculpatory and exculpatory evidence;
Requirement that credibility determinations must not be made based on a person’s status as a complainant, respondent, or witness;
Any individual designated as a Title IX Coordinator, investigator, decision-maker, or informal resolution facilitator not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent; and all Title IX Coordinators, investigators, decision-makers, and informal resolution facilitators, receive required training, including on the definition of sexual harassment, scope of the College’s education program and activity, the grievance process, and serving impartially; ;
A presumption that the Respondent is not responsible for the alleged violation until a determination is made at the conclusion of the Title IX Grievance Process;
Reasonably prompt time frames for conclusion of the grievance process, including for filing and resolving appeals and informal resolution, and a process that allows for the temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action;
A description of the possible disciplinary sanctions and remedies that may be implemented following a determination of responsibility for the alleged Sexual Harassment;
The standard of evidence to be used to determine responsibility;
Procedures and permissible bases for the Complainant and Respondent to appeal a determination of responsibility or a dismissal of a Title IX Formal Complaint or any allegations therein;
A description of the supportive measures available to the Complainant and Respondent;
A prohibition on using or seeking information protected under a legally recognized privilege (such as the attorney-client privilege) unless the individual holding the privilege has waived the privilege;
A provision that Complainant’s sexual predisposition or prior sexual behavior are not relevant in any investigation or hearing under the College’s grievance processes except where questions and evidence about a Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the alleged conduct charged by the Complainant or if the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior with the Respondent and are offered to prove the Complainant’s consent to the alleged conduct;
Compliance with the requirements stated in 34 C.F.R. 106.45(b), including written notice of a Formal Complaint, dismissals, consolidation of Formal Complaints, recordkeeping, investigation procedures, access to evidence gathered during the investigation, hearing procedures, and appeal procedures; and
Other local procedures reasonably necessary to facilitate a fair and equitable process, including a process for resolving complaints in which the Title IX Coordinator is the Respondent.

Live Hearing

The College must provide a live hearing in accordance with 34 C.F.R. § 106.45(b). The grievance process shall describe the method for appointing individuals to serve as decision-makers. The decision-maker(s) must:

Conduct a fair and equitable hearing;
Permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including questions challenging credibility;
Require that such questioning be conducted directly, orally, and in real time by the party’s advisor (not the party);
At the request of either party, provide the live hearing with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions;
Permit only relevant cross-examination and other questions to be asked of a party or witness, and decide prior to the party or witness answering a question if it is relevant and explain any decision to exclude a question as not relevant;
Not rely on any statement of a party or witness who did not submit to cross-examination at the live hearing in the determination regarding responsibility. The decision-maker(s) cannot draw an inference regarding responsibility based solely on a party or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. This policy does not preclude the decision-maker(s) from considering a party’s or witness’s testimony about statements made by a non-testifying party that constitute prohibited conduct. For example, if the r Complainant alleges that the Respondent made sexually harassing statements, the decision-maker(s) may consider the Complainant’s testimony about the alleged statements even if the Respondent declines to submit to cross-examination.

To the extent needed and reasonable, the parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

The College shall create an audio or audiovisual recording, or transcript, of the live hearing and make it available to the parties for inspection and review.

Advisor

If a party does not have an advisor, the College must provide an advisor of the College’s choice, without fee or charge to that party, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.

Standard of Evidence

The standard of evidence for investigating and adjudicating a Formal Complaint is the preponderance of the evidence. This standard shall be met if the evidence shows that the allegation is more likely than not to have occurred.

Written Determination

A written determination must be provided to the parties and in accordance with 34 C.F.R. 106.45(b). The College must provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the recipient provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Informal Resolution

If a Formal Complaint is filed, the College may offer the parties a process for informal resolution. Within a reasonably prompt timeframe from when a Formal Compliant is filed, the Title IX Coordinator will determine whether informal resolution may be appropriate, and if so, provide the parties with written notice of the allegations, the requirements of the informal resolution process, and any consequences resulting from participating in the informal resolution process. If the parties voluntarily agree in writing to participate in informal resolution of the Formal Compliant, the Title IX Coordinator or designee will facilitate or appoint a trained impartial individual to facilitate an informal resolution process within a reasonably prompt timeframe. If the Title IX Coordinator determines that informal resolution is not appropriate or one or both of the parties does not agree to participate in informal resolution, then the Formal Complaint will be subject to the formal grievance process. This informal resolution process is not available in situations where an employee is alleged to have sexually harassed a student.

Withdrawal of Student-Respondent While Charges are Pending

If a Student-Respondent withdraws or graduates from the College after a Complainant files a Formal Complaint, the College may not end the grievance process or issue a transcript to the Respondent until the College makes a final determination of responsibility. In such instances, the College shall expedite the Title IX Grievance Process as necessary to accommodate both the Respondent’s and Complainant’s interest in a prompt resolution.

If a Student-Respondent withdraws from the College prior to the final determination, and upon making a determination of responsibility, the College also will determine whether the Respondent will be ineligible to reenroll. If the Respondent is ineligible to reenroll for a non-academic or non-financial reason, the College shall include on the Respondent’s transcript the notation required under 19 Texas Administrative Code 3.30(b).

Potential Remedies and Sanctions

The Title IX Coordinator is responsible for effective implementation of any remedies. Remedies may include, but are not limited to:

Changing a policy, procedure, program, or service;
Providing an effective escort to ensure that the Complainant can move safely between classes and activities;
Providing options so the Complainant and Respondent do not share classes or extracurricular activities;
Providing resources regarding comprehensive, holistic victim services including counseling and academic support services, such as tutoring;
Providing guidance to the Complainant about arranging extra time to complete or retake a class or withdraw from a class without an academic or financial penalty;
Reviewing and determining whether to set aside any disciplinary actions previously taken against the Complainant;
Issuing a no-trespass order to third party;
Providing resources for counseling, training, and learning opportunities to the Respondent to eliminate the inappropriate behavior and hostile environment; and
Taking other action appropriate to the circumstances as informed by the evidence.

Sanctions may be imposed on any students found to have violated this policy, including, but not limited to, reprimand, conditional probation, suspension, expulsion, and any other sanction identified in the FKB Student Conduct Policy.

Disciplinary actions may be imposed on any employees found to have violated this policy, including, but not limited to, terminating, or suspending an employee, not renewing a contract, or reprimanding, reassigning, or demoting an employee.

Appeal

The College President shall ensure the development of a Title IX appeal process that complies with the applicable legal requirements. The Complainant and Respondent have a right to appeal from a determination regarding responsibility or from the College’s dismissal of a Formal Complaint or any allegation therein, on the following bases:

A procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

The Title IX Coordinator shall notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties. The decision-maker(s) on appeal may not be the same decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator. The appeal must be conducted in a fair and equitable manner. Both parties must be given reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. The decision-maker(s) must issue a written decision describing the result and rationale, and provide the written decision simultaneously to both parties.

Complains Filed with Office for Civil Rights (OCR)

A party shall be informed of his or her right to file a complaint with the U.S. Department of Education Office for Civil Rights (OCR).

Othe Complaints: Sex Discrimination, Other Inappropriate Conduct, or Retaliation

This section applies to complaints of Other Inappropriate Conduct, Sex Discrimination, and Retaliation that do not meet the Title IX regulatory definitions of Title IX Sexual Harassment.

Individuals should direct all complaints of allegations of Sex Discrimination, Retaliation, and Other Appropriate Misconduct in writing to the Title IX Coordinator. A written complaint may be delivered in person or submitted by mail, electronic mail, or via the College’s website. The complaint must contain the Complainant’s physical or digital signature or otherwise indicate that the Complainant is the person filing the complaint. The Title IX Coordinator will promptly evaluate whether the allegation, assumed to be true, describes a violation of this policy. If the alleged conduct meets the definition of Title IX Sexual Harassment, the grievance process above will be utilized. If the alleged conduct does not fall under this policy but could violate other College policies, the Title IX Coordinator will refer the matter to the appropriate administrator or office.

When a compliant alleges Sex Discrimination, Other Inappropriate Conduct, or Retaliation, the Title IX Coordinator will provide written notice to the parties and assign an impartial investigator to conduct the investigation. The investigator will conduct a thorough investigation, considering the nature of the allegations as well as the availability of witnesses and evidence. Following the investigation, the investigator will prepare a written report with findings of fact based on the preponderance of evidence standard.

If the Respondent is a student, the written investigation report shall be submitted to the Title IX Coordinator or designee. If the investigation does not establish, by a preponderance of the evidence, a violation of this policy, the Title IX Coordinator or designee shall dismiss the complaint and notify both parties of the outcome in writing. If the Title IX Coordinator or designee determines that reasonable grounds establish a violation of this policy, the Title IX Coordinator or designee shall inform both parties of the outcome in writing and refer the policy violation to the appropriate office for disciplinary or corrective action to address the conduct, in accordance with College policy and procedures in the FK series.

If the Respondent is an employee, the written investigation report shall be submitted to the Title IX Coordinator, the College President, the Vice President of Operations, or designee, and the Respondent’s dean, director, or next level supervisor who was not involved in the underlying dispute. If the investigation does not establish, by a preponderance of evidence, a violation of this policy, the College President, the Vice President of Operations, or designee shall dismiss the Complaint and notify both parties of the outcome writing. If the College President, the Vice President of Operations, or designee determines that reasonable grounds establish a violation of this policy, the College President, the Vice President of Operations, or designee shall notify both parties of the outcome in writing and refer the policy violation to the appropriate office for disciplinary or corrective action to address the conduct, in accordance with College policy and procedures in the DF series.

If the Respondent is a third party the investigation report shall be submitted to the Title IX Coordinator, and to the College President, the Vice President of Operations, or designee. If the investigation does not establish, by a preponderance of evidence, a violation of this policy, the College President, the Vice President of Operations, or designee shall dismiss the complaint and notify both parties of the outcome in writing. If the College President, the Vice President of Operations, or designee determines that reasonable grounds establish a violation of policy by a third party, the College President, the Vice President of Operations, or designee shall inform both parties of the outcome, including the sanction, in writing.

Appeals

All appeals related to Other Complaints under this policy may be submitted through the applicable grievance policy beginning at the appropriate level. See DF series for employees, FK series for students, and GB series for community members.

Confidentiality

To the greatest extent possible, consistent with law, the College shall maintain the confidentiality of records related to reports and complaints under this policy and respect the privacy of the Complainant, the Respondent , and individuals who make a report or serve as a witness. Limited disclosures may be necessary to conduct a fair and thorough investigation. The College will share information only as necessary, which may include investigators, witnesses, the Complainant, the Respondent, parties’ advisors, decision-makers, appellate officers, College attorneys, and others who have a responsibility to ensure compliance with applicable law.

Retaliation

The College prohibits retaliation against any person, including adverse action taken for the purpose of interfering with a right or privilege under this policy or with any right or privilege secured by law; ; or against a person who, in good faith, makes a report or complaint, serves as a witness, or otherwise participates or refuses to participate in an investigation, proceeding, or hearing under this policy. Adverse action is a decision or action that is materially adverse to the person and is of the type that would dissuade a reasonable person from exercising his or her rights t or participating in the grievance process.

This policy prohibits charges against a person for code of conduct violations that do not involve Sex Discrimination or Sexual Misconduct but arise out of the same facts or circumstances as a report or complaint of Sex Discrimination or Sexual Misconduct when the purpose of the charge is to interfere with any right or privilege secured by this policy or Title IX and its implementing regulations.

Complaints alleging retaliation may be filed using the process above for Other Complaints. The exercise of rights protected under the First Amendment does not constitute retaliation. Additionally, charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute retaliation; however, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a bad faith materially false statement.

Examples

Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.

False Claims

Investigations of allegations of Sex Discrimination, Sexual Misconduct, and Retaliation are serious and often time-consuming endeavors. The College recognizes that the expenditure of time and resources is necessary to ensure the fair and equitable resolution of complaints. Any person who, in bad faith, knowingly makes a false complaint under this policy or provides materially false information is subject to disciplinary action up to and including dismissal or separation. A determination that a Respondent is not responsible for allegations of Sexual Misconduct does not establish the falsity of a report, Formal Complaint, or evidence. Similarly, a determination that a Respondent is responsible for a policy violation does not establish that a Respondent’s statements disclaiming responsibility were false.

Title IX Orientation

Incoming freshman and undergraduate transfer students are required to complete Title IX Orientation before or during the first semester or term in which the student is enrolled.

A student who has not completed Title IX Orientation will acquire a registration hold on their student account and will not be able to register for subsequent semesters or terms until the Title IX Orientation requirement has been satisfied.

Records Retention

The College must maintain records of each Title IX Sexual Harassment investigation, hearing, determination, (including sanctions and remedies), appeal, and informal resolution in accordance with the law and for a period of at least 7 years. The College must also maintain for at least 7 years records of Reports of Title IX Sexual Harassment, including records related to supportive measures and any determination not to file a Formal Compliant. Materials utilized for training Title IX personnel are maintained for at least 7 years made available on Navarro College's website, in accordance with Title IX regulations.

All other records shall be maintained in accordance with the College’s records retention procedures, see Navarro College Board Policy and Administrative Procedure CH.1.

Access to Policy, Procedures, and Related Materials

Information regarding this policy and any accompanying procedures, as well as relevant educational and resource materials concerning the topics discussed in this policy, shall be distributed to applicants for admission and employment and annually to College employees, students, and parents or guardians of dual credit students in compliance with law and in a manner calculated to provide easy access and wide distribution, such as through electronic distribution and inclusion in the employee and student handbooks and other major College publications.

Information regarding the policy, procedures, related materials, and any materials used to train a person designated as the Title IX Coordinator, a Deputy Title IX Coordinator, an investigator, a decision-maker, or an informal resolution facilitator shall also be prominently published on the College’s website on a dedicated page accessible through a clear link on the homepage.

Copies of the policy and procedures shall be readily available at the College’s administrative offices and shall be provided to a student who makes a report.

Approved: 2016
Updated: 2020, 2022, 2024, 2025, 2026
Reviewed:

TOOLS & RESOURCES

Section F: Student