DIAA(LEGAL) - FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION: SEX AND SEXUAL VIOLENCE

Note: This policy addresses employee complaints of sex discrimination, sexual harassment, sexual violence, and retaliation. For additional legally referenced material relating to this subject matter, see DAA(LEGAL). For sex discrimination, sexual harassment, sexual violence, and retaliation targeting students, see FFDA.

Title IX

Grievance Procedures

Compliance Coordinator

State Law Requiring a Sexual Assault Policy

  1. Include:
    1. Definitions of prohibited behavior;
    2. Sanctions for violations; and
    3. The protocol for reporting and responding to reports of sexual assault; and
  2. Be approved by the institution's governing board before final adoption by the institution.
  1. To the greatest extent practicable based on the number of counselors employed by the institution, ensure that each alleged victim or alleged perpetrator of an incident of sexual assault and any other person who reports such an incident are offered counseling provided by a counselor who does not provide counseling to any other person involved in the incident; and
  2. Notwithstanding any other law, allow an alleged victim or alleged perpetrator of an incident of sexual assault to drop a course in which both parties are enrolled without any academic penalty.

Distribution

  1. Including the policy in the institution's student handbook and personnel handbook; and
  2. Creating and maintaining a web page on the institution's internet website dedicated solely to the policy.

Training

Public Awareness

  1. Emailing the information to each student at the beginning of each semester or other academic term; and
  2. Including the information in the orientation required under Education Code 51.9363(d).

Reporting Required

Employees Generally

Exception

  1. An incident in which the person was a victim of sexual harassment, sexual assault, dating violence, or stalking; or
  2. An incident of which the person received information due to a disclosure made 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.

Contents of Report

Confidentiality

  1. Persons employed by or under contract with the postsecondary educational institution to which the report is made who are necessary to conduct an investigation or the report or any related hearings;
  2. A law enforcement officer as necessary to conduct a criminal investigation of the report;
  3. The person or persons alleged to have perpetrated the incident, to the extent required by other law; or
  4. Potential witnesses to the incident as necessary to conduct an investigation of the report.

Retaliation Prohibited

Exception
  1. Reports an incident described by Education Code 51.252(a) perpetrated by the employee; or
  2. Cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to an allegation that the employee perpetrated an incident described by Education Code 51.252(a).

Prohibition on Discipline for Related Conduct

Failure to Report or False Report

Title IX Coordinator

  1. The investigation of those reports;
  2. The disposition, if any, of any disciplinary processes arising from those reports; and
  3. The reports for which the institution determined not to initiate a disciplinary process, if any.

Chief Executive Officer

  1. The number of reports received under Section 51.252;
  2. The number of investigations conducted as a result of those reports;
  3. The disposition, if any, of any disciplinary processes arising from those reports;
  4. The number of those reports for which the institution determined not to initiate a disciplinary process, if any; and
  5. Any disciplinary actions taken under Education Code 51.255.

Compliance

Electronic Reporting

  1. Allow for anonymous reporting; and
  2. Be easily accessible through a clearly identifiable link on the institution's website home page.

Definitions

Dating Violence, Sexual Assault, and Stalking

Dating Violence
Sexual Assault
Stalking
Sexual Harassment
  1. In the employment context, unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment; or
  2. 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.
Employee

Tarrant County College

DIAA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/18/2019