Students who believe they have observed or been the object of sexual discrimination or harassment or sexual violence have the right to file a complaint with the Title IX Coordinator or any responsible employee. All complaints of alleged sexual harassment or discrimination against students will be promptly investigated under the oversight of the College’s Title IX Coordinator in accordance with federal Title IX regulations. Students may also file a complaint with the United States Department of Education Office for Civil Rights, 1999 Bryan Street, Suite 1620, Dallas, TX 75201-6810, 214-661-9600 (phone), 214-661-9587 (fax), OCR.Dallas@ed.gov. Central Texas College prohibits retaliation against anyone for reporting discriminating or harassing behavior or for participating in discrimination or harassment investigations or lawsuits.
Investigation Process: Every student and every person against whom a complaint is made is entitled to due process. Therefore, the College’s investigation will include interviews with all relevant persons including the complainant the alleged harasser, and other potential witnesses. Based on a preponderance of evidence, the investigation will determine the appropriate course of action. Central Texas College District will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate.
Informal Resolution Option: The College recognizes that in some limited circumstances, voluntary informal resolution options may be an appropriate means of addressing some behaviors reported under this policy when the conduct involved is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation, but nonetheless is adversely affecting the workplace or educational environment. Informal resolution may include an inquiry into the facts, but typically does not rise to the level of an investigation. A request for informal resolution should be made within ninety (90) days of the date of the alleged incident to the Title IX Coordinator. If the informal resolution process is deemed appropriate by the Director of Student Life and/or the Title IX Coordinator, the complainant will be provided assistance in informally resolving the issue. Methods for informal resolution may include, but are not limited to: • Coaching the person on how to directly address a situation which is causing a problem; • Mediation; • Arranging a documented meeting with the alleged offender that involves a discussion of the Sex Discrimination and Sexual Harassment Policy; • Aiding in the modification of a situation in which the offensive conduct occurred; • Separation of the parties; • Referral of the parties to counseling programs; or • Conducting targeted educational and training programs Documentation of the informal resolution will be retained as appropriate and kept confidential to the extent permitted by law. Resolved situations will be subject to follow-up after a period of time to assure that resolution has been implemented effectively. An informal resolution meeting shall not be considered a precondition for entering into a formal complaint resolution process.
Formal Complaint Resolution: In response to reports of discrimination or sexual misconduct in cases where the complainant does not wish to engage in informal resolution, where informal resolution is not appropriate, or in cases where attempts at informal resolution are unsuccessful, a formal investigation may be conducted. In such cases, the individual making the report shall be encouraged to file a written complaint that include dates, times, places, witnesses, and specifics of what was said and done. The complaint should also list proposed resolutions acceptable to the student. In cases where there is no written complaint, such as situations that involve third party complaint, the Director of Student Life and/or Title IX Coordinator may initiate an investigation after making a preliminary inquiry into the facts, and will inform in writing the person(s) who were allegedly harmed of the decision to initiate an investigation. The process used will be in accordance with the federal Title IX regulations. Throughout the investigative process, the Title IX Coordinator shall be kept informed of all decisions and developments. The complainant and respondent will each have an advisor of their choice, or if they do not have one, an advisor will be appointed to them in order to help them through the process and cross examine the other party during the hearing. Both the complainant and the respondent shall each have an informational meeting where the rights and protections afforded to them by Title IX, VAWA, and Central Texas College District are shared in person and in writing. In addition, individuals may ask questions and share concerns. Both the complainant and the respondent must be simultaneously informed, in writing, of the outcome of any institutional disciplinary proceeding, procedures for an appeal, any change to the results, and when such results are final.
Both parties have the right to appeal the outcome of the conduct process according to the appeal procedures outlined in the accused person’s disciplinary process.