Definitions

The following definitions comply with Title IX and the related and applicable regulations referenced above:

Complainant- A “complainant” is an individual who is alleged to be the victim of conduct that could constitute dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct).

 

Confidential Employee-A “confidential employee” is a person who holds a professional license requiring 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.

 

Consent- Consent is clear, voluntary and ongoing agreement to engage in a specific sexual act. Persons need not verbalize their consent to engage in a sexual act for there to be permission. Permission to engage in a sexual act may be indicated through physical actions rather than words. A person who was asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, or whose agreement was made under duress or by threat, coercion, or force, cannot give consent. 

 

More on Consent for Sexual Activity

Sexual activity requires consent, which is defined as an informed, voluntary, affirmative, and mutual agreement between the participants to engage in a specific sexual act. The following guidelines will be used to determine whether consent was obtained when investigating a grievance of sexual assault against a Navarro College student or employee:

  1. Consent to sexual activity can be communicated in a variety of ways, but one should not presume consent has been given in the absence of a clear, positive agreement.

  2. Consent can only be accurately gauged through direct communication about the decision to engage in sexual activity. The absence of the word "no" or the like (e.g., "stop") does not imply consent.

  3. Although consent can be non-verbal, verbal communication is the most reliable form of asking for and obtaining consent. Discussing desires, needs, and limitations with sexual partners provides a basis for positive sexual experiences shaped by mutual willingness and respect.

  4. Presumptions based upon contextual factors (e.g., provocative clothing or dancing, etc.) are unwarranted, and should not be considered grounds for consent.

  5. As defined in the State of Texas Penal Code 22.011 for Sexual Assault, the age of sexual consent is 17. Therefore, consent cannot be obtained from someone who is under the age of 17, as that person is legally considered to be a minor. 

  6. Consent cannot be obtained from someone who is asleep, unconscious, or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition (e.g., an intellectual or other disability). A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know - or reasonably should know - to be incapacitated constitutes sexual assault.

  7. Consent to some sexual acts does not constitute consent to other sexual acts.

  8. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. If you proceed despite your partner's verbal and/or non-verbal communication to stop, you have committed sexual assault.

  9. Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent.

  10. A prior sexual encounter or pre-existing relationship does not indicate consent to current or future sexual activity.

 

Dating Violence- “Dating violence” means 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 the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

 

Discrimination- Discrimination against a student is defined as conduct directed at a student on the basis of sex or gender that adversely affects the student.

 

Deliberate Indifference-Deliberate indifference occurs when an institution of higher education with actual knowledge of dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct) in the institution’s education program or activity against a person in the United States responds in a manner that is clearly unreasonable in light of the known circumstances. When an institution of higher education responds in a clearly unreasonable manner, that response constitutes intentional discrimination. Failing to promptly respond once an institution of higher education has actual knowledge of prohibited conduct can also be considered deliberate indifference.

 

Education Program or Activity- Education program or activity includes locations, events, or circumstances over which Navarro College exercised substantial control over both the respondent and the context in which the dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct) occurred; and also includes any building owned or controlled by a student organization that is officially recognized by Navarro College. 

 

Formal Complaint- Formal complaint means a document filed by a complainant or signed by the appropriate Title IX Coordinator or designee alleging dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking against a respondent and requesting that Navarro College investigate the allegation. At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in Navarro College’s education program or activity. A formal complaint may be filed with the appropriate Title IX Coordinator or designee in person, by mail, email, using the contact information listed in this handbook for the appropriate Title IX Coordinator or designee, or completing the online form available at https://www.navarrocollege.edu/support-services/grievance/grievance-form.html. The formal complaint must contain the complainant’s physical or digital signature, or otherwise indicate that the complainant is the person filing the formal complaint. If the complainant is not able or willing to sign the complaint, the appropriate Title IX Coordinator or designee may sign the complaint in the complainant’s stead; however, when the appropriate Title IX Coordinator or designee signs a formal complaint, they are not a complainant or otherwise a party and must comply with all Title IX requirements.

 

Gender-based Harassment-Gender-based harassment includes physical, verbal, or nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity. For purposes of this policy, gender-based harassment is considered prohibited harassment if the conduct is so severe, persistent, and pervasive that the conduct limits or denies a student’s ability to participate in or benefit from the College District’s educational program.

 

Acts of gender-based harassment may also be considered sex discrimination or sexual harassment.

 

Examples of Gender-based Harassment- Examples of gender-based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property.

 

Prohibited Conduct-Prohibited conduct includes discrimination, harassment, dating violence, domestic violence, stalking, and retaliation as described by this policy, even if the behavior does not rise to the level of unlawful conduct.

 

Quid pro quo Sexual Harassment – “this” for “that”; i.e., unwelcome sexual advances, requests for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature, the submission to or rejection of which may result in an adverse educational or employment action. Quid pro quo sexual harassment is explicitly prohibited under this regulation. Aiding another in the commission of quid pro quo sexual harassment is also prohibited under this regulation. 

 

Respondent- Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct).

 

Retaliation-Navarro College prohibits retaliation by a student or Navarro College employee against an individual alleged to have experienced dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, and/or stalking (i.e., prohibited conduct), or an individual who, in good faith, makes a report of prohibited conduct, serves as a witness, or otherwise participates in an investigation.

Neither Navarro College nor any person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual for Student Code of Conduct or Employee Code of Conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or formal complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

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.

The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a violation(s) for making a materially false statement in bad faith in the course of a complaint resolution proceeding does not constitute prohibited retaliation. However, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. Complaints alleging retaliation that arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, may be filed, investigated, and resolved according to the complaint procedures outlined in this guide.

Complaints alleging retaliation that arise out of any circumstances not related to a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, may be filed, investigated, and resolved in accordance with the student and employee disciplinary process. For more information on the student disciplinary process, see the Student Code of Conduct located in the current Navarro College Student Handbook available on Navarro College’s website at https://www.navarrocollege.edu/handbook or contact the Dean of Students Office at (903) 875-7371. For more information on the employee disciplinary process, contact the Human Resources Office (HR) at (903) 875-7474.

 

Sexual Harassment- For the purpose of this policy, Title IX defines sexual harassment broadly to include any of three types of misconduct on the basis of sex, all of which jeopardize the equal access to education that Title IX is designed to protect:

  • Any instance of quid pro quo harassment by any employee of the College;

  • Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access; and/or

  • Any instance of sexual assault (as defined in the Cle1y Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA). 

For the purposes of this policy, Title IX prohibits sex-based misconduct in a manner consistent with the First Amendment. Quid pro quo harassment and Clery Act/VAWA offenses are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access. 

For the purposes of this policy, Title IX uses the Supreme Court 's Davis definition (severe and pervasive and objectively offensive conduct, effectively denying a person equal educational access) as one of the three categories of sexual harassment, so that where unwelcome sex-based conduct consists of speech or expressive conduct, Navarro College must balance Title IX enforcement with respect for free speech and academic freedom. 

Additionally, for the purposes of this policy, the Department of Education uses the Supreme Court's Title IX-specific definition rather than the Supreme Court's Title VII workplace standard (severe or pervasive conduct creating a hostile work environment).  First Amendment concerns differ in educational environments and workplace environments, and the Title IX definition provides First Amendment protections appropriate for educational institutions where students are learning, and employees are teaching. Students, teachers, faculty, and others should enjoy free speech and academic freedom protections, even when speech or expression is offensive. 

Finally, for the purposes of this policy, the Department of Education uses the Supreme Court's Davis definition (severe and pervasive and objectively offensive conduct, effectively denying a person equal educational access) as one of the three categories of sexual harassment, so that where unwelcome sex-based conduct consists of speech or expressive conduct, Navarro College balances Title IX enforcement with respect for free speech and academic freedom. 

 

By an Employee-For the purposes of this policy, sexual harassment of a student by a College District employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

  1. A College District employee causes the student to believe that the student must submit to the conduct to participate in a college program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct, or

  2. The conduct is so severe, persistent, and pervasive that it limits or denies the student’s ability to participate in or benefit from the College District’s educational program or activities.

 

By Others-For the purposes of this policy, sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, and pervasive that it limits or denies a student’s ability to participate in or benefit from the College District’s educational program or activities.

 

Sexual Violence-Sexual violence is a form of sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability.

 

Dating Violence-“Dating violence” means 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 the reporting party's statement and with 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-“Domestic violence” means violence committed by:

  • A current or former spouse or intimate partner of the victim,

  • A person with whom the victim shares a child in common,

  • A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner,

  • Any other member of the victim’s family as defined by state law,

  • Any other current or former member of the victim’s household as defined by state law,

  • A person in a dating relationship with the victim as defined by state law, or

  • Any other person who acts against the victim in violation of the family violence laws of this state or the jurisdiction where the conduct 

 

Stalking-“Stalking” means 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.

For the purposes of this definition:

  1. “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.

  2. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.

 

Examples of Sexual Harassment-Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; rape; sexual assault as defined by law; sexual battery; sexual coercion; and other sexually motivated conduct, communications, or contact.

Examples may also include forms of dating violence, domestic violence, or stalking, such as physical or sexual assaults; name-calling; putdowns; or threats directed at the student, the student’s family members, or members of the student’s household; destroying the student’s property; threatening to commit suicide or homicide if the student ends the relationship; 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.

 

Supportive Measures-Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures are designed to restore or preserve equal access to Navarro College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Navarro College’s educational environment, or deter prohibited conduct. Supportive measures may include, but are not limited to, 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.

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 appropriate Title IX Coordinator or designee is responsible for coordinating the effective implementation of supportive measures.