FA(LEGAL) - EQUAL EDUCATIONAL OPPORTUNITY

Note: For complaints of discrimination, harassment, and retaliation on the basis of a protected characteristic, see FFDA and FFDB.

Section I: Generally

Section II: Religious Freedom

Association with a Religious Organization

  1. Withhold, reduce, exclude, terminate, or otherwise deny any grant, contract, subcontract, cooperative agreement, loan, scholarship, license, registration, accreditation, employment, or other similar status from or to a person;
  2. Withhold, reduce, exclude, terminate, or otherwise deny any benefit provided under a benefit program from or to a person;
  3. Alter in any way the tax treatment of, cause any tax, penalty, or payment assessment against, or deny, delay, or revoke a tax exemption of a person;
  4. Disallow a tax deduction for any charitable contribution made to or by a person;
  5. Deny admission to, equal treatment in, or eligibility for a degree from an educational program or institution to a person; or
  6. Withhold, reduce, exclude, terminate, or otherwise deny access to a property, educational institution, speech forum, or charitable fundraising campaign from or to a person.

Section III: Discrimination on the Basis of Sex

  1. Housing. 34 C.F.R. 106.32
  2. Comparable facilities. 34 C.F.R. 106.33
  3. Access to course offerings. 34 C.F.R. 106.34
  4. Counseling. 34 C.F.R. 106.36
  5. Financial assistance. 34 C.F.R. 106.37
  6. Employment assistance to students. 34 C.F.R. 106.38
  7. Health and insurance benefits and services. 34 C.F.R. 106.39
  8. Athletics. 34 C.F.R. 106.41

Pregnancy and Marital Status

Sexual Harassment

Definition of Sexual Harassment

Employee–Student Sexual Harassment

Student–Student Sexual Harassment

Clery Act—Campus Sexual Assault Programs

  1. A description of the institution's educational programs and campaigns to promote the awareness of dating violence, domestic violence, sexual assault, and stalking, as described below at Programs To Prevent Dating Violence, Domestic Violence, Sexual Assault, and Stalking;
  2. Procedures victims should follow if a crime of dating violence, domestic violence, sexual assault, or stalking has occurred, including written information about:
    1. The importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order;
    2. How and to whom the alleged offense should be reported;
    3. Options about the involvement of law enforcement and campus authorities, including notification of the victim's option to:
      1. Notify proper law enforcement authorities, including on-campus and local police;
      2. Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
      3. Decline to notify such authorities; and
    4. Where applicable, the rights of victims and the institution's responsibilities for orders of protection, "no-contact" orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court or by the institution;
  3. Information about how the institution will protect the confidentiality of victims and other necessary parties, including how the institution will:
    1. Complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim, as defined in the Violence Against Women Act of 1994, 42 U.S.C. 13925(a)(20); and
    2. Maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures;
  4. A statement that the institution will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community;
  5. A statement that the institution will provide written notification to victims about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures. The institution must make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement;
  6. An explanation of the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, as described below at Procedures for Institutional Disciplinary Action; and
  7. A statement that, when a student or employee reports to the institution that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off campus, the institution will provide the student or employee a written explanation of the student's or employee's rights and options, as described in items 1 through 6 of this list.

Programs to Prevent Dating Violence, Domestic Violence, Sexual Assault, and Stalking

  1. A description of the institution's primary prevention and awareness programs for all incoming students and new employees, which must include:
    1. A statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking, as those terms are defined in 34 C.F.R. 668.46(a) [see Definitions];
    2. The definition of "dating violence," "domestic violence," "sexual assault," and "stalking" in the applicable jurisdiction [see Penal Code 22.011, 22.021, 42.072; Family Code 71.0021, 71.004];
    3. The definition of "consent," in reference to sexual activity, in the applicable jurisdiction;
    4. A description of safe and positive options for bystander intervention;
    5. Information on risk reduction; and
    6. The information described in 34 C.F.R. 668.46(b)(11) and 34 C.F.R. 668.46(k)(2); and
  2. A description of the institution's ongoing prevention and awareness campaigns for students and employees, including information described at item 1.
Awareness Programs
Bystander Intervention
Ongoing Prevention and Awareness Campaigns
Primary Prevention Programs
Risk Reduction

Procedures for Institutional Disciplinary Action

  1. Describes each type of disciplinary proceeding used by the institution; the steps, anticipated timelines, and decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; and how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault, or stalking;
  2. Describes the standard of evidence that will be used during any institutional disciplinary proceeding arising from an allegation of dating violence, domestic violence, sexual assault, or stalking;
  3. Lists all of the possible sanctions that the institution may impose following the results of any institutional disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault, or stalking; and
  4. Describes the range of protective measures that the institution may offer to the victim following an allegation of dating violence, domestic violence, sexual assault, or stalking;
  5. Provides that the proceedings will:
    1. Include a prompt, fair, and impartial process from the initial investigation to the final result;
    2. Be conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
    3. Provide the accuser and the accused with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice;
    4. Not limit the choice of adviser or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties; and
    5. Require simultaneous notification, in writing, to both the accuser and the accused, of:
      1. The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking;
      2. The institution's procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding, if such procedures are available;
      3. Any change to the result; and
      4. When such results become final.
Prompt, Fair, and Impartial Proceeding
  1. Completed within reasonably prompt timeframes designated by an institution's policy, including a process that allows for the extension of timeframes for good cause with written notice to the accuser and the accused of the delay and the reason for the delay;
  2. Conducted in a manner that:
    1. Is consistent with the institution's policies and transparent to the accuser and accused;
    2. Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
    3. Provides timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings; and
  3. Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
Adviser
Proceeding
Result

Definitions

Dating Violence
Domestic Violence
  1. By a current or former spouse or intimate partner of the victim;
  2. By a person with whom the victim shares a child in common;
  3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
  5. By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Programs to Prevent Dating Violence, Domestic Violence, Sexual Assault, and Stalking
  1. Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome; and
  2. Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.
Sexual Assault
Stalking
  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.

Section IV: Discrimination on the Basis of Race, Color, or National Origin

  1. Deny an individual any service, financial aid, or other benefit provided under the program;
  2. Provide any service, financial aid, or other benefit to an individual that is different, or is provided in a different manner, from that provided to others under the program;
  3. Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program;
  4. Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program;
  5. Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition that individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;
  6. Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so that is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only to the extent set forth in 34 C.F.R. 100.3(c)); or
  7. Deny a person the opportunity to participate as a member of a planning or advisory body that is an integral part of the program.

Section V: Discrimination on the Basis of Age

Exceptions

Normal Operation or Statutory Objective

  1. Age is used as a measure or approximation of one or more other characteristics;
  2. The other characteristic or characteristics must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity;
  3. The other characteristic or characteristics can be reasonably measured or approximated by the use of age; and
  4. The other characteristic or characteristics are impractical to measure directly on an individual basis.

Reasonable Factors Other Than Age

Special Benefits for Children and the Elderly

Affirmative Action

Notice

Section VI: Discrimination on the Basis of Disability

ADA

Section 504

Disability

  1. A physical or mental impairment that substantially limits one or more major life activities of an individual;
  2. A record of having such an impairment; or
  3. Being regarded as having such an impairment.
  1. Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
  2. Compulsive gambling, kleptomania, or pyromania; or
  3. Psychoactive substance use disorders resulting from current illegal use of drugs.

Regarded as Having Such an Impairment

Transitory and Minor

Mitigating Measures

Major Life Activities

  1. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working; and
  2. The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.

Physical or Mental Impairment

  1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
  2. Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.

Qualified Individual with a Disability

Individual with a Disability

Student with a Disability

Reasonable Modification

Communications

Auxiliary Aids and Services

  1. Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
  2. Qualified readers; taped texts; audio recordings; Braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods for making visually delivered materials available to individuals who are blind or have low vision;
  3. Acquisition or modification of equipment or devices; and
  4. Other similar services and actions.

Limits of Required Modification

Direct Threat

  1. The nature, duration, and severity of the risk;
  2. The probability that the potential injury will actually occur; and
  3. Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

Services Inventory

  1. Post the inventory on the Coordinating Board's Internet website in an easily identifiable and accessible location;
  2. Submit the inventory to TEA for inclusion in the transition and employment guide under Education Code 29.0112; and
  3. Update the inventory at least once every two years.

Section VII: Retaliation

Section VIII: Handgun License as Proof of Identification

Vernon College

FA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019