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Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 1 of 8
UPDATE 37
FFDA(LOCAL)-X
Note: This policy addresses complaints of sex and gender dis-
crimination, to include gender identity and gender ex-
pression, sexual harassment, sexual assault, and retalia-
tion targeting students. For legally referenced material
relating to discrimination, harassment, and retaliation,
see FA(LEGAL). For sex discrimination, sexual harass-
ment, sexual assault, and retaliation targeting employ-
ees, see DIAA.
The College District prohibits discrimination, including harassment,
against any student on the basis of sex or gender. Retaliation
against anyone involved in the complaint process is a violation of
College District policy and is prohibited. All definitions are included
in FFDA(REGULATION).
As defined in this policy, discrimination against a student is defined
as conduct directed at a student on the basis of sex or gender that
adversely affects the student.
Sex discrimination includes all forms of sexual and gender-based
misconduct. Sex discrimination violates an individual’s fundamental
rights and personal dignity. The College District is committed to the
principle that the working environment of its employees and the
classroom environment for students should be free from inappro-
priate conduct of a sexual or gender-based nature (e.g., sex dis-
crimination, sexual assault, sexual harassment, and sexual vio-
lence) by employees, students, or third parties. Sexual and gender-
based misconduct is unprofessional, shall not be tolerated, and is
expressly prohibited. Individuals who engage in such conduct shall
be subject to disciplinary action up to and including separation from
the College District.
Sexual harassment of a student by a College District employee in-
cludes 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 in order to participate
in a school program or activity, or that the employee will make
an educational decision based on whether or not the student
submits to the conduct (“quid pro quo” sexual harassment); or
2. The conduct is so severe, persistent, or pervasive that it limits
or denies the student’s ability to participate in or benefit from
the College District’s educational program.
Statement of
Nondiscrimination
Discrimination
Sex Discrimination
Sexual Harassment
By an Employee
Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 2 of 8
UPDATE 37
FFDA(LOCAL)-X
Sexual harassment of a student, including harassment committed
by another student, includes unwelcome sexual advances; re-
quests for sexual favors; or sexually motivated physical, verbal, or
nonverbal conduct when the conduct is so severe, persistent, or
pervasive that it limits or denies a student’s ability to participate in
or benefit from the College District’s educational program.
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.
Examples of sexual harassment of a student may include sexual
advances; touching intimate body parts or coercing physical con-
tact that is sexual in nature; jokes or conversations of a sexual na-
ture; rape; sexual assault; sexual battery; sexual coercion; and
other sexually motivated conduct, communications, or contact.
Physical contact not reasonably construed as sexual in nature is
not sexual 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 mas-
culinity or femininity. For purposes of this policy, gender-based har-
assment is considered prohibited harassment if the conduct is so
severe, persistent, or pervasive that the conduct limits or denies a
student’s ability to participate in or benefit from the College Dis-
trict’s educational program.
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.
The College District prohibits retaliation by an individual or College
District employee against an individual alleged to have experi-
enced discrimination or harassment or an individual who, in good
faith, makes a report of harassment or discrimination, serves as a
witness, or otherwise participates in an investigation under this pol-
icy.
Examples of retaliation may include threats, rumor spreading, os-
tracism, assaults, destruction of property, unjustified punishments,
or unwarranted grade reductions. Unlawful retaliation does not in-
clude petty slights or annoyances.
By Others
Sexual Violence
Examples
Gender-Based
Harassment
Examples
Retaliation
Examples
Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 3 of 8
UPDATE 37
FFDA(LOCAL)-X
A student who intentionally makes a false claim, offers false state-
ments, or refuses to cooperate with a College District investigation
regarding discrimination or harassment shall be subject to appro-
priate disciplinary action.
In this policy, the term “prohibited conduct” includes discrimination,
harassment, and retaliation as defined by this policy, even if the be-
havior does not rise to the level of unlawful conduct.
The College District strongly encourages students and employees
to report incidents of sexual harassment, sexual assault, dating vi-
olence and stalking. Students and employees may report prohib-
ited conduct electronically though the College District’s Title IX
website. To make a report or obtain more information visit the Col-
lege District’s Title IX website1
.
Any student who believes that he or she has experienced prohib-
ited conduct or believes that another student has experienced pro-
hibited conduct should immediately report the alleged acts to the
Title IX Coordinator. Alternatively, the student may report the al-
leged acts to another employee, one of the College District offi-
cials2
or electronically through the College District’s website. The
submission of an anonymous electronic report may impair the Col-
lege District’s ability to investigate and address the prohibited con-
duct.
Any College District employee, not designated as confidential em-
ployee, who suspects or receives notice that a student or group of
students has or may have experienced prohibited conduct is re-
quired to immediately report to the Title IX Coordinator and shall
take any other steps required by this policy.
An employee designated by the institution as a confidential em-
ployee with whom students may speak confidentially concerning
sexual harassment, sexual assault, dating violence, or stalking who
receives information regarding such an incident under circum-
stances that render the employee's communications confidential or
privileged under other law shall, in making a report, state only the
type of incident reported and may not include any information that
would violate a student's expectation of privacy.
Designated confidential employees include certain licensed profes-
sional counselors, licensed professional social workers, and other
1 College District’s Title IX website: https://www.hccs.edu/departments/in-
stitutional-equity/title-ix-know-your-rights/
2 College District officials: https://www.hccs.edu/departments/institutional-
equity/title-ix-know-your-rights/
False Claims
Prohibited Conduct
Reporting
Procedures
Electronic Reporting
Student Report
Employee Report
Exceptions and
Confidentiality
Rules
Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 4 of 8
UPDATE 37
FFDA(LOCAL)-X
employees with a professional license requiring confidentiality who
are working within that license.
The confidential employee shall not be required to disclose
information regarding an incident of prohibited conduct that
constitutes personally identifiable information about a student or
other information that would indicate the student’s identity without
the student’s consent, unless the person is disclosing information
as required for inclusion in the College District’s annual security
report under the Clery Act [see GCC].
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.
For the purposes of this policy, College District officials are the Title
IX Coordinator and the Title IX college-specific Title IX Contacts as
noted in the list of College District officials1
found in the College
District’s Title IX website3
.
Reports of discrimination based on sex, including sexual harass-
ment and gender-based harassment, may be directed to the Title
IX Coordinator. The College District designates the following per-
son to coordinate its efforts to comply with Title IX of the Education
Amendments of 1972, as amended:
Name: David Cross
Position: Director EEO and Compliance, Title IX
Coordinator
Address: Office of Institutional Equity (OIE)
3100 Main Street, Suite 702, 7th Floor
Houston, TX 77002
Telephone: (713) 718-8271
The Director of EEO and Compliance and the Office of Institutional
Equity shall serve as coordinator for purposes of College District
compliance with all other antidiscrimination laws.
3 College District’s Title IX website: https://www.hccs.edu/departments/in-
stitutional-equity/title-ix-know-your-rights/
Disclosure at
Event
Definition of College
District Officials
Title IX Coordinator
Other Anti-
discrimination Laws
Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 5 of 8
UPDATE 37
FFDA(LOCAL)-X
A student shall not be required to report prohibited conduct to the
person alleged to have committed the conduct. Reports against the
Title IX Coordinator may be directed to the Chancellor.
A report against the Chancellor or a Board member may be made
directly to the Board Chairperson. If a report is made directly to the
Board Chairperson, the Board Chairperson shall appoint an appro-
priate person to conduct an investigation. A report against the
Board Chairperson may be made to the Board Vice Chairperson; in
accordance with Board succession procedures, the Board Vice
Chairperson shall appoint a trained investigator to conduct an in-
vestigation.
Reports of prohibited conduct shall be made as soon as possible
after the alleged act or knowledge of the alleged act. A failure to
immediately report may impair the College District’s ability to inves-
tigate and address the prohibited conduct.
Any Board member or College District employee who receives a
report of prohibited conduct shall immediately notify the Title IX Co-
ordinator and shall take any other steps required by this policy.
The College District may request, but shall not require, a written re-
port. If a report is made orally, the College District official shall re-
duce the report to written form.
Upon receipt or notice of a report, the College District official shall
determine whether the allegations, if proven, would constitute pro-
hibited conduct as defined by this policy. If so, the complaint reso-
lution process shall immediately begin, except as provided below
at Criminal Investigation. [See FFDA(REGULATION)] If the College
District official determines that the allegations, if proven, would not
constitute prohibited conduct as defined by this policy, the College
District official may discuss resources and support services with
the student and shall refer the complaint for consideration under
applicable College District policy, if appropriate.
If the parties voluntarily agree to participate in informal resolution of
the complaint, the College District official shall determine if informal
resolution is appropriate for the complaint. If the official determines
that informal resolution is appropriate, then the official may facili-
tate that resolution. If the official does not determine informal reso-
lution to be appropriate, then the complaint will be subject to the
formal resolution process.
If any of the parties decline to participate in informal resolution of
the complaint or the College District official finds informal resolution
of the complaint to be inappropriate, the College District official
Alternative
Reporting
Procedures
Timely Reporting
Notice of Report
Investigation of the
Report
Initial Assessment
Informal Resolution
Formal Resolution
Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 6 of 8
UPDATE 37
FFDA(LOCAL)-X
shall authorize or undertake an investigation, except as provided
below at Criminal Investigation.
When appropriate and regardless of whether a criminal or regula-
tory investigation regarding the alleged conduct is pending, the
College District shall promptly take interim action calculated to ad-
dress prohibited conduct prior to the completion of any College
District investigation.
An investigation may be conducted by the College District officials,
College District investigators designated by the Title IX Coordina-
tor, or a third party designated by the College District, such as an
attorney. The investigators shall have received appropriate training
regarding the issues related to the complaint and the relevant Col-
lege District’s policy and procedures.
The investigation may consist of personal interviews with the per-
son 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 in-
formation or documents related to the allegations.
If a law enforcement or regulatory agency notifies the College Dis-
trict that a criminal or regulatory investigation has been initiated,
the College District shall confer with the agency to determine
whether the College District’s investigation would impede the crimi-
nal 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 enforce-
ment 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 en-
forcement or regulatory agency for the College District to delay its
investigation, the investigation should be completed within 60 Col-
lege District business days from the date of the report; however,
the investigators shall take additional time if necessary to complete
a thorough investigation.
The investigators shall prepare a written report summarizing the
relevant investigation information. The final investigative report
shall be filed with the Title IX 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. The parties shall be given the
opportunity to respond to the report.
Interim Action
College District
Investigation
Criminal
Investigation
Concluding the
Investigation
Notification of
Outcome
Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 7 of 8
UPDATE 37
FFDA(LOCAL)-X
The College District shall determine, based on the results of the in-
vestigation, whether each individual allegation of misconduct oc-
curred using a preponderance of the evidence standard. If the re-
sults 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 proce-
dures. [See FLB for students found to have violated this policy and
DH for employees found to have violated this policy]
Examples of corrective action may include:
• Providing a training program for those involved in the com-
plaint;
• Providing a comprehensive education program for the College
District community;
• Providing counseling for the victim and the student who en-
gaged in prohibited conduct;
• Permitting the victim or student engaged in the prohibited
conduct to drop a course in which they both are enrolled with-
out penalty;
• Conducting follow-up inquiries to determine if any new inci-
dents 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 di-
rectly with the person who engaged in the harassment; however, if
both parties consent, and if the complaint does not allege sexual
assault, informal resolution, including, but not limited to, mediation
may be pursued.
If the investigation reveals improper conduct that did not rise to the
level of prohibited conduct, the College District may take discipli-
nary action in accordance with College District policy and proce-
dures or other corrective action reasonably calculated to address
the conduct.
College District
Action
Prohibited Conduct
Corrective Action
Exception
Improper Conduct
Confidentiality
Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 ADOPTED: 8 of 8
UPDATE 37
FFDA(LOCAL)-X
To the greatest extent possible, the College District shall respect
the privacy of the parties, witnesses, and other persons involved.
Limited disclosures may be necessary in order to conduct a thor-
ough investigation and comply with applicable law.
A party may appeal the findings of an investigation where it is al-
leged that procedural error or previously unavailable relevant evi-
dence could significantly impact the outcome of the case through
the applicable regulation. [See DIAB(REGULATION) for employ-
ees, FFDA(REGULATION) for students, and GB(LOCAL) for com-
munity members] 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.
Retention of records shall be in accordance with the College Dis-
trict’s records retention procedures. [See CIA]
Information regarding this policy and any accompanying proce-
dures, as well as relevant educational and resource materials con-
cerning the topics discussed in this policy, shall be distributed an-
nually to College District employees and students in compliance
with law and in a manner calculated to provide easy access and
wide distribution, such as through electronic distribution and inclu-
sion in the employee and student handbooks and other major Col-
lege District publications. Information regarding the policy, proce-
dures, and related materials shall also be prominently published on
the College District’s website, taking into account applicable legal
requirements. Copies of the policy and procedures shall be readily
available at the College District’s administrative offices and shall be
distributed to a student who makes a report.
This policy shall be effective as of the adoption date, February 5,
2020.
1 College District officials: https://www.hccs.edu/departments/institutional-
equity/title-ix-know-your-rights/
Appeal
Records Retention
Access to Policy,
Procedures, and
Related Materials
Effective Date

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Sexual Assault Policy for Students

  • 1. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 1 of 8 UPDATE 37 FFDA(LOCAL)-X Note: This policy addresses complaints of sex and gender dis- crimination, to include gender identity and gender ex- pression, sexual harassment, sexual assault, and retalia- tion targeting students. For legally referenced material relating to discrimination, harassment, and retaliation, see FA(LEGAL). For sex discrimination, sexual harass- ment, sexual assault, and retaliation targeting employ- ees, see DIAA. The College District prohibits discrimination, including harassment, against any student on the basis of sex or gender. Retaliation against anyone involved in the complaint process is a violation of College District policy and is prohibited. All definitions are included in FFDA(REGULATION). As defined in this policy, discrimination against a student is defined as conduct directed at a student on the basis of sex or gender that adversely affects the student. Sex discrimination includes all forms of sexual and gender-based misconduct. Sex discrimination violates an individual’s fundamental rights and personal dignity. The College District is committed to the principle that the working environment of its employees and the classroom environment for students should be free from inappro- priate conduct of a sexual or gender-based nature (e.g., sex dis- crimination, sexual assault, sexual harassment, and sexual vio- lence) by employees, students, or third parties. Sexual and gender- based misconduct is unprofessional, shall not be tolerated, and is expressly prohibited. Individuals who engage in such conduct shall be subject to disciplinary action up to and including separation from the College District. Sexual harassment of a student by a College District employee in- cludes 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 in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct (“quid pro quo” sexual harassment); or 2. The conduct is so severe, persistent, or pervasive that it limits or denies the student’s ability to participate in or benefit from the College District’s educational program. Statement of Nondiscrimination Discrimination Sex Discrimination Sexual Harassment By an Employee
  • 2. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 2 of 8 UPDATE 37 FFDA(LOCAL)-X Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; re- quests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from the College District’s educational program. 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. Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical con- tact that is sexual in nature; jokes or conversations of a sexual na- ture; rape; sexual assault; sexual battery; sexual coercion; and other sexually motivated conduct, communications, or contact. Physical contact not reasonably construed as sexual in nature is not sexual 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 mas- culinity or femininity. For purposes of this policy, gender-based har- assment is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct limits or denies a student’s ability to participate in or benefit from the College Dis- trict’s educational program. 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. The College District prohibits retaliation by an individual or College District employee against an individual alleged to have experi- enced discrimination or harassment or an individual who, in good faith, makes a report of harassment or discrimination, serves as a witness, or otherwise participates in an investigation under this pol- icy. Examples of retaliation may include threats, rumor spreading, os- tracism, assaults, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not in- clude petty slights or annoyances. By Others Sexual Violence Examples Gender-Based Harassment Examples Retaliation Examples
  • 3. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 3 of 8 UPDATE 37 FFDA(LOCAL)-X A student who intentionally makes a false claim, offers false state- ments, or refuses to cooperate with a College District investigation regarding discrimination or harassment shall be subject to appro- priate disciplinary action. In this policy, the term “prohibited conduct” includes discrimination, harassment, and retaliation as defined by this policy, even if the be- havior does not rise to the level of unlawful conduct. The College District strongly encourages students and employees to report incidents of sexual harassment, sexual assault, dating vi- olence and stalking. Students and employees may report prohib- ited conduct electronically though the College District’s Title IX website. To make a report or obtain more information visit the Col- lege District’s Title IX website1 . Any student who believes that he or she has experienced prohib- ited conduct or believes that another student has experienced pro- hibited conduct should immediately report the alleged acts to the Title IX Coordinator. Alternatively, the student may report the al- leged acts to another employee, one of the College District offi- cials2 or electronically through the College District’s website. The submission of an anonymous electronic report may impair the Col- lege District’s ability to investigate and address the prohibited con- duct. Any College District employee, not designated as confidential em- ployee, who suspects or receives notice that a student or group of students has or may have experienced prohibited conduct is re- quired to immediately report to the Title IX Coordinator and shall take any other steps required by this policy. An employee designated by the institution as a confidential em- ployee with whom students may speak confidentially concerning sexual harassment, sexual assault, dating violence, or stalking who receives information regarding such an incident under circum- stances that render the employee's communications confidential or privileged under other law shall, in making a report, state only the type of incident reported and may not include any information that would violate a student's expectation of privacy. Designated confidential employees include certain licensed profes- sional counselors, licensed professional social workers, and other 1 College District’s Title IX website: https://www.hccs.edu/departments/in- stitutional-equity/title-ix-know-your-rights/ 2 College District officials: https://www.hccs.edu/departments/institutional- equity/title-ix-know-your-rights/ False Claims Prohibited Conduct Reporting Procedures Electronic Reporting Student Report Employee Report Exceptions and Confidentiality Rules
  • 4. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 4 of 8 UPDATE 37 FFDA(LOCAL)-X employees with a professional license requiring confidentiality who are working within that license. The confidential employee shall not be required to disclose information regarding an incident of prohibited conduct that constitutes personally identifiable information about a student or other information that would indicate the student’s identity without the student’s consent, unless the person is disclosing information as required for inclusion in the College District’s annual security report under the Clery Act [see GCC]. 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. For the purposes of this policy, College District officials are the Title IX Coordinator and the Title IX college-specific Title IX Contacts as noted in the list of College District officials1 found in the College District’s Title IX website3 . Reports of discrimination based on sex, including sexual harass- ment and gender-based harassment, may be directed to the Title IX Coordinator. The College District designates the following per- son to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended: Name: David Cross Position: Director EEO and Compliance, Title IX Coordinator Address: Office of Institutional Equity (OIE) 3100 Main Street, Suite 702, 7th Floor Houston, TX 77002 Telephone: (713) 718-8271 The Director of EEO and Compliance and the Office of Institutional Equity shall serve as coordinator for purposes of College District compliance with all other antidiscrimination laws. 3 College District’s Title IX website: https://www.hccs.edu/departments/in- stitutional-equity/title-ix-know-your-rights/ Disclosure at Event Definition of College District Officials Title IX Coordinator Other Anti- discrimination Laws
  • 5. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 5 of 8 UPDATE 37 FFDA(LOCAL)-X A student shall not be required to report prohibited conduct to the person alleged to have committed the conduct. Reports against the Title IX Coordinator may be directed to the Chancellor. A report against the Chancellor or a Board member may be made directly to the Board Chairperson. If a report is made directly to the Board Chairperson, the Board Chairperson shall appoint an appro- priate person to conduct an investigation. A report against the Board Chairperson may be made to the Board Vice Chairperson; in accordance with Board succession procedures, the Board Vice Chairperson shall appoint a trained investigator to conduct an in- vestigation. Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the College District’s ability to inves- tigate and address the prohibited conduct. Any Board member or College District employee who receives a report of prohibited conduct shall immediately notify the Title IX Co- ordinator and shall take any other steps required by this policy. The College District may request, but shall not require, a written re- port. If a report is made orally, the College District official shall re- duce the report to written form. Upon receipt or notice of a report, the College District official shall determine whether the allegations, if proven, would constitute pro- hibited conduct as defined by this policy. If so, the complaint reso- lution process shall immediately begin, except as provided below at Criminal Investigation. [See FFDA(REGULATION)] If the College District official determines that the allegations, if proven, would not constitute prohibited conduct as defined by this policy, the College District official may discuss resources and support services with the student and shall refer the complaint for consideration under applicable College District policy, if appropriate. If the parties voluntarily agree to participate in informal resolution of the complaint, the College District official shall determine if informal resolution is appropriate for the complaint. If the official determines that informal resolution is appropriate, then the official may facili- tate that resolution. If the official does not determine informal reso- lution to be appropriate, then the complaint will be subject to the formal resolution process. If any of the parties decline to participate in informal resolution of the complaint or the College District official finds informal resolution of the complaint to be inappropriate, the College District official Alternative Reporting Procedures Timely Reporting Notice of Report Investigation of the Report Initial Assessment Informal Resolution Formal Resolution
  • 6. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 6 of 8 UPDATE 37 FFDA(LOCAL)-X shall authorize or undertake an investigation, except as provided below at Criminal Investigation. When appropriate and regardless of whether a criminal or regula- tory investigation regarding the alleged conduct is pending, the College District shall promptly take interim action calculated to ad- dress prohibited conduct prior to the completion of any College District investigation. An investigation may be conducted by the College District officials, College District investigators designated by the Title IX Coordina- tor, or a third party designated by the College District, such as an attorney. The investigators shall have received appropriate training regarding the issues related to the complaint and the relevant Col- lege District’s policy and procedures. The investigation may consist of personal interviews with the per- son 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 in- formation or documents related to the allegations. If a law enforcement or regulatory agency notifies the College Dis- trict that a criminal or regulatory investigation has been initiated, the College District shall confer with the agency to determine whether the College District’s investigation would impede the crimi- nal 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 enforce- ment 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 en- forcement or regulatory agency for the College District to delay its investigation, the investigation should be completed within 60 Col- lege District business days from the date of the report; however, the investigators shall take additional time if necessary to complete a thorough investigation. The investigators shall prepare a written report summarizing the relevant investigation information. The final investigative report shall be filed with the Title IX 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. The parties shall be given the opportunity to respond to the report. Interim Action College District Investigation Criminal Investigation Concluding the Investigation Notification of Outcome
  • 7. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 7 of 8 UPDATE 37 FFDA(LOCAL)-X The College District shall determine, based on the results of the in- vestigation, whether each individual allegation of misconduct oc- curred using a preponderance of the evidence standard. If the re- sults 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 proce- dures. [See FLB for students found to have violated this policy and DH for employees found to have violated this policy] Examples of corrective action may include: • Providing a training program for those involved in the com- plaint; • Providing a comprehensive education program for the College District community; • Providing counseling for the victim and the student who en- gaged in prohibited conduct; • Permitting the victim or student engaged in the prohibited conduct to drop a course in which they both are enrolled with- out penalty; • Conducting follow-up inquiries to determine if any new inci- dents 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 di- rectly with the person who engaged in the harassment; however, if both parties consent, and if the complaint does not allege sexual assault, informal resolution, including, but not limited to, mediation may be pursued. If the investigation reveals improper conduct that did not rise to the level of prohibited conduct, the College District may take discipli- nary action in accordance with College District policy and proce- dures or other corrective action reasonably calculated to address the conduct. College District Action Prohibited Conduct Corrective Action Exception Improper Conduct Confidentiality
  • 8. Houston Community College 101506 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL) DATE ISSUED: 12/18/2019 ADOPTED: 8 of 8 UPDATE 37 FFDA(LOCAL)-X To the greatest extent possible, the College District shall respect the privacy of the parties, witnesses, and other persons involved. Limited disclosures may be necessary in order to conduct a thor- ough investigation and comply with applicable law. A party may appeal the findings of an investigation where it is al- leged that procedural error or previously unavailable relevant evi- dence could significantly impact the outcome of the case through the applicable regulation. [See DIAB(REGULATION) for employ- ees, FFDA(REGULATION) for students, and GB(LOCAL) for com- munity members] 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. Retention of records shall be in accordance with the College Dis- trict’s records retention procedures. [See CIA] Information regarding this policy and any accompanying proce- dures, as well as relevant educational and resource materials con- cerning the topics discussed in this policy, shall be distributed an- nually to College District employees and students in compliance with law and in a manner calculated to provide easy access and wide distribution, such as through electronic distribution and inclu- sion in the employee and student handbooks and other major Col- lege District publications. Information regarding the policy, proce- dures, and related materials shall also be prominently published on the College District’s website, taking into account applicable legal requirements. Copies of the policy and procedures shall be readily available at the College District’s administrative offices and shall be distributed to a student who makes a report. This policy shall be effective as of the adoption date, February 5, 2020. 1 College District officials: https://www.hccs.edu/departments/institutional- equity/title-ix-know-your-rights/ Appeal Records Retention Access to Policy, Procedures, and Related Materials Effective Date