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Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when the conduct is made as a term or condition of an individual's employment, education, living environment or participation in a University community and/or so severe, persistent, or pervasive that it limits or denies the student’s ability to participate in or benefit from the college’s educational program and/or activities. Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; interpersonal violence, stalking; gender-based harassment.

Sexual harassment in any form violates the standards of conduct expected of every member of the College community and is strictly prohibited.  Individuals who engage in such conduct will be subjected to disciplinary action.

Sexual Violence
Sexual violence is a form of sexual harassment and defined under the Texas Penal Code to include rape, sexual assault, sexual battery, and sexual coercion.  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.  
Interpersonal Violence
A pattern of abusive behaviors used to exert power and control over a current or former partner. It can include emotional, sexual, verbal or economic actions, or physical threats of violence. Acts may include any behaviors that intimidate, isolate, manipulate, humiliate, coerce, frighten, blame or hurt someone. It can happen to anyone, regardless of race, sexual orientation, age, education, religion, etc. General patterns of behavior may include: Tension Building-relationship begins to get strained or tense between partners; Explosion-outburst that includes verbal, emotional, or physical abuse; and Honeymoon-apologies where the abuser tries to re-connect with his/her partner by shifting the blame onto someone or something else.
Stalking
A pattern of unwanted conduct directed at another person that threatens or endangers the safety, physical or mental health, or life or property of that person, or creates a reasonable fear of such a threat or action. Signs that it could be stalking include: following you, with or without your knowledge; calling or texting excessively; knowing your schedule and/or showing up at places you go; threatening to hurt you, your friends, family, pets, or themselves; or damaging your property; It can even look romantic or non-threatening, like cards, flowers, emails, etc., but if this behavior is unwanted, it could be stalking.
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.Northeast Texas Community College also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.


Reporting Sexual Harassment or Assault

Reporting an Incident

Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to a responsible employee.  A student shall not be required to report prohibited conduct to the person alleged to have committed the conduct.

A “responsible employee” is an employee who has the authority to remedy prohibited conduct, who has been given the duty of reporting incidents of prohibit conduct, and/or whom a student reasonably believes has the authority to remedy prohibited conduct or has been given the duty of reporting incidents of prohibited conduct. The College District designates the following persons as responsible employees: any instructor, any administrator or the Title IX Coordinator.

Any College District employee who suspects and any responsible employee who receives notice that a student or group of students has or may have experienced prohibited conduct shall immediately notify the Title IX Coordinator.

If it is an emergency please call 911 or contact the Titus County Sheriff’s Office.

Investigation of the Report

The College District may request, but shall not require, a written report. If a report is made orally, the Title IV Coordinator shall reduce the report to written form. Upon receipt or notice of a report, the Title IV Coordinator shall determine whether the allegations, if proven, would constitute prohibited conduct as defined by this policy. If so, the Title IV Coordinator shall immediately authorize or undertake an investigation, except as provided below at CRIMINAL INVESTIGATION.

If appropriate and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the College District shall promptly take interim action calculated to address prohibited conduct prior to the completion of the College District’s investigation. The investigation may be conducted by the College District official or a designee or by a third party designated by the College District, such as an attorney. The investigator shall have received appropriate training regarding the issues related to the complaint and the relevant College District’s policy and procedures. The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.

Criminal Investigation

If a law enforcement or regulatory agency notifies the College District that a criminal or regulatory investigation has been initiated, the College District shall confer with the agency to determine if the College District’s investigation would impede the criminal or regulatory investigation. The College District 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 District shall promptly resume its investigation.

Absent extenuating circumstances, such as a request by a law enforcement or regulatory agency for the College District to delay its investigation, the investigation should be completed within ten College District business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation. The investigator shall prepare a written report of the investigation.  The report shall be filed with the Title IV Coordinator.

The College District shall provide written notice of the outcome, within the extent permitted by the Family Educational Rights and Privacy Act (FERPA) or other law, to the victim and the person against whom the complaint is filed.

College District Action

If the results of an investigation indicate that prohibited conduct occurred, the College District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct in accordance with College District policy and procedures.

Examples of corrective action may include a training program for those involved in the complaint, a comprehensive education program for the College District community, counseling for the victim and the student who engaged in prohibited conduct, follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving students in efforts to identify problems and improve the College District climate, increasing staff monitoring of areas where prohibited conduct has occurred, and reaffirming the College District’s policy against discrimination and harassment.

The College District shall minimize attempts to require a student who complains of sexual harassment to resolve the problem directly with the person who engaged in the harassment; however, if that is the most appropriate resolution method, the College District shall be involved in an appropriate manner. Mediation shall not be used to resolve sexual harassment complaints.

If the investigation reveals improper conduct that did not rise to the level of prohibited conduct, the College District may take disciplinary action in accordance with College District policy and procedures or other corrective action reasonably calculated to address the conduct.

To the greatest extent possible, the College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.

Retaliation
The College District prohibits retaliation against a student alleged to have experienced discrimination or harassment or another student who, in good faith, makes a report, serves as a witness, or otherwise participates in an investigation.  A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a College District investigation regarding discrimination or harassment is subject to appropriate discipline. Examples of retaliation include threats, unjustified punishments, or unwarranted grade reductions.  Unlawful retaliation does not include petty slights or annoyances, such as negative comments that are justified by a student’s performance in the classroom.

Contact Information
Title IX Coordinator
Amy Adkins, Director of Human Resources
(903) 434-8121

Titus County Sheriff’s Office
304 South Van Buren, Mt. Pleasant, TX
(903) 872-6641

Safe-T Crisis Center
204 Patrick Street, Mt. Pleasant, TX
(903) 575-9999


    
 
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This page last updated by R. Taylor on 03/23/2016

Northeast Texas Community College is an equal opportunity, affirmative action, ADA institution.



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