Sexual Misconduct and Title IX
Policy III.3006.D, Sexual Misconduct
Understanding Sexual Misconduct
San Jacinto College prohibits all employees and students from engaging in sexual harassment, sexual violence, dating violence, domestic violence, stalking, and other behaviors of a sexual nature that are hostile, unwelcome, or intimidating.
This prohibition applies to conduct occurring on campus or in connection with a College activity or program. Prohibited conduct that occurs off campus is also encompassed by these rules if the conduct creates a sexually hostile environment on campus or in a College activity or program or if it adversely affects another student’s educational opportunities at the College.
Submit a Report
To assist in the review of an incident, include as much information as possible. This helps us with conducting a prompt and complete investigation. Reports can be submitted anonymously.
Information to include in report:
- Your name and contact information
- Time and date of the incident
- Location and description of the incident
- Names of all people involved
- Any supporting documentation
Additional Reporting Information for Students and Employees
Any student or other individual may report sexual misconduct or other inappropriate conduct whether or not the person reporting is the alleged victim. Reports may be submitted to one of the College’s Title IX Coordinators in person or by mail, telephone, electronic email, or online portal. Submitting a report does not obligate the individual to file a Formal Complaint or to participate in an investigation.
Allegations against students also may be reported to the Office of Student Rights and Responsibilities by calling 281-478-2756. Allegations against employees may be reported to the Human Resources Department by calling 281-998-6115. When an individual (or someone on their behalf) makes a report to a Title IX Coordinator, the Title IX Coordinator will notify the individual in writing of his or her rights and options, including how to file a Formal Complaint if desired and how to request support services or supportive measures. An individual may request support services or supportive measures without filing a formal complaint.
The reporting party may report a crime in progress by calling 911. If the incident occurred on a San Jacinto College campus, the reporting party may make a report to the San Jacinto College Police Department (281-476-9128) or to another police agency with jurisdiction. A police department’s geographic jurisdiction will depend on the location of the incident. The San Jacinto College police or other police agency may share the report with the College’s Title IX Coordinators. Prompt reporting will aid in the preservation of evidence. The decision whether to report to law enforcement belongs to the alleged victim. Crime victims may choose to report an offense to law enforcement or to decline to report a crime to law enforcement. Additionally, regardless of whether the alleged victim files a police report, the alleged victim has a right to file an administrative complaint with the College or to seek support services or supportive measures from the College. An individual may request the assistance of a Title IX Coordinator in making a police report.
Victims of an alleged sexual assault or other sexual misconduct are encouraged to go to a hospital for a medical exam or treatment as promptly as possible and to preserve all evidence related to the assault or misconduct, including potential DNA evidence and evidence of bruising or other injuries. Victims should not wash, shower, or change clothes prior to a medical exam or treatment. Clothing, if removed, should be placed in a paper bag. Evidence of emails and text messages should be preserved.
Any person may make an anonymous report to a Title IX Coordinator. However, depending on the facts and circumstances of the anonymous report, the College may be limited in its ability to stop the alleged conduct, collect evidence, or remedy the situation.
Although individuals may file a formal complaint at any time, the College encourages individuals to report their concerns as soon as possible after the alleged incident(s) so that prompt action can be taken to investigate and resolve the complaint. A delay in reporting may result in a loss of evidence or witness availability.
To request an investigation and commence the grievance process, the reporting party must submit a written, formal complaint to a Title IX Coordinator. The written complaint may be delivered in person or submitted by mail, electronic mail, or via an online incident portal. The complaint must contain the reporting party’s physical or digital signature or otherwise indicate that the reporting party is the person filing the complaint. The reporting party must submit a written statement containing the known details of the alleged conduct that is the subject of the formal complaint, including the following:
- Reporting Party’s name and contact information;
- Respondent’s name;
- Detailed description of the alleged conduct or event that is the basis of the alleged violation under this Policy;
- Date(s) and location(s) of the alleged occurrence(s);
- Names of any witnesses to the alleged occurrence(s); and
- The resolution or remedy sought.
In some instances, the College’s Title IX Coordinator(s) may sign a formal complaint against a respondent and, in doing so, will initiate the grievance process. In such instances, the complaint is not filed on behalf of a particular reporting party, but, rather, is filed on behalf of the institution so that fact-finding through a fair and neutral process can occur. The Title IX Coordinator is not considered a reporting party or a party in such instances. If the Title IX Coordinator prepares a formal complaint, the reporting party may, but is not required to, participate in the grievance process.
Individuals identified in a report or formal complaint as a witness, reporting party, or respondent may desire privacy and may wish to avoid public disclosure of their names. The College desires to be respectful of each person’s interest in privacy. Certain laws restrict disclosure of student records and records relating to sexual harassment and sexual assault. See Family Educational Rights & Privacy Act; Texas Education Code § 21.256. However, under state and federal law, most College employees have a duty to report allegations of sexual harassment, sexual assault, dating violence, domestic violence, and stalking to a Title IX Coordinator. Additionally, when a Formal Complaint is initiated, the investigation process may require certain disclosures, including the parties’ names, in order to conduct a fair and thorough investigation. The College will share information with individuals only as necessary, which may include investigators, witnesses, the reporting party, the respondent, parties’ advisors, decision-makers, appellate officers, College administrators, attorneys, or trustees who have a responsibility to ensure compliance with this college procedures and applicable law.
Students may confidentially discuss an incident with a counselor at any of the College’s Advising, Career, and Transfer offices without concern that the student’s identity will be reported to the Title IX Coordinators or to law enforcement. Counselors will not report the student’s name or details without the consent of the student. Individuals also may make a confidential report to a community rape crisis center, clergyperson, or a health care provider of the student’s choice. Community resources are identified at Resource Information.
Any San Jacinto College employee who, in the course and scope of employment, observes or receives information regarding an incident that the employee reasonably believes constitutes sexual assault, sexual harassment, dating violence, or stalking that was committed by or against a College student or employee must promptly report the incident to one of the College’s Title IX coordinators. The duty to report applies if the student was enrolled at the College at the time of the incident or if the employee was employed by the College at the time of the incident.
Employees who fail to make a mandatory report are subject to termination. Such employees also are subject to criminal prosecution for failure to report incidents of sexual assault, sexual harassment, dating violence, or stalking as stated above.
Reports related to students should be directed to the Associate Vice Chancellor of Student Services. Reports related to employees should be directed to the Vice Chancellor of Human Resources and Organizational and Talent Effectiveness. If the incident involves both a student and an employee, the incident may be reported to either office.
Victims of incidents are not required to report their own incidents. Employees who learn of incidents at a public awareness event are not required to report those incidents. Employees with a legal duty of confidentiality – such as a licensed professional counselor – are required to report only the type of incident (e.g., sexual assault or stalking) but are not required to provide any other details, such as the names of the individuals involved in the incident.
October 7, 2024
Texas Education Code (TEC), Section 51.253(c) requires an institution’s Chief Executive Officer to submit a report at least once during each fall or spring semester to the institution’s governing body and post the report on the institution’s internet website. The report must contain (1) all reports received by employees under the TEC, Section 51.252 that constitutes “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” (as defined in the TEC, Section 51.251), and (2) any disciplinary actions taken under TEC, Section 51.255.
The Department of Education requires that San Jacinto College post a copy of the training materials used to train Title IX Coordinators, Title IX Investigators, and Decision Makers. Those slides are available here.
It is the policy of San Jacinto College to provide a campus environment free of sexual harassment, sexual assault, dating violence, domestic violence, and other conduct of a sexual nature that are hostile, unwelcome, or intimidating, or inappropriate on campus
What Happens Next?
The College may provide supportive services and protective measures (sometimes called “interim measures” or accommodations) without any fee or charge to a reporting party or respondent in connection with the report or filing of a complaint or even if no formal complaint has been filed. Support measures are non-disciplinary, non-punitive individualized services offered when appropriate and reasonably available. Any measures that are disciplinary in nature cannot be implemented until after the conclusion of a Grievance Process, unless an emergency removal is appropriate. Supportive measures are designed to restore or preserve access to the individual’s education program or activity without unreasonably burdening the other party; protect the safety of all parties and the educational environment; and deter sexual harassment and other sexual misconduct. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Under state law and college policy, the reporting party and the respondent are entitled to drop a course in which both parties are enrolled without an academic penalty.
The College must maintain as confidential any supportive measures provided to the reporting party or respondent, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the supportive measure. The Title IX Coordinators are responsible for coordinating the effective implementation of supportive measures.
Counseling services:
A student who has experienced sexual misconduct or other inappropriate conduct may
benefit from immediate counseling or psychological care, regardless of whether the
individual makes any other type of report. A student may obtain psychological support
from a private provider or from the College’s Advising, Career, and Transfer office.
Students desiring counseling should contact any Advising, Career, and Transfer office:
- Central and Maritime Campuses 281-478-2768
- North and Gen. Park Campuses 281-459-7192
- South Campus 291-922-3444
Individuals accused of sexual misconduct or other inappropriate conduct also may desire psychological support. Student respondents may seek services as stated above.
Faculty and staff may contact the Employee Assistance Program at 713-500-3327.
Mental health resources are also available to all individuals.
Medical care:
Individuals who have experienced sexual violence are encouraged to seek immediate
medical care to obtain treatment or medication and to preserve evidence, including
DNA evidence. Visiting a doctor does not obligate the individual to file a complaint
with the College or the police. The individual should consider seeking a Sexual Assault
Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) if the incident
occurred within the preceding four days. For more information, please see Services for Crime Victims on the Attorney General's website. The cost of the forensic portion of the exam is
covered by the law enforcement agency that is investigating the assault or, in cases
where a report will not be made to the police, the Texas Department of Public Safety.
This does not include fees related to medical treatment that are not a part of the
SAFE.
Processes found in the San Jacinto College board Procedure III.3006.D.a Allegations of Sexual Misconduct (section 9) distinguishes between reporting allegations of misconduct and filing a Formal Complaint of misconduct. Reporting an allegation informs the College of an incident, which enables the College to inform the alleged victim of his or her rights and options, which includes the right to request support services or supportive measures (sometimes described as interim measures). Reporting an allegation does not necessarily result in the initiation of an investigation and the grievance process.
When an individual reports an allegation (or when someone reports an allegation on behalf of an individual), the alleged victim will be offered individualized supportive measures and will be informed of their option to file a formal complaint. If the individual desires an investigation and wishes to invoke the grievance process, he or she should file a formal complaint. Filing a formal complaint typically will result in an investigation and hearing to determine whether the responding party should be found responsible and whether the responding party should be sanctioned.
Employee-related policies and procedures can be accessed on the human resources page of the College website. For employee harassment, refer to Policy IV.4002.G and Procedure IV.4002.G.a
In some instances, a reporting party might decline to pursue a complaint or participate in an investigation, or he or she may wish to keep the matter completely confidential or to withdraw a Formal Complaint after it is filed. In such circumstances, the College must weigh the rights, interests, and safety of all parties and the larger campus community. In weighing a request not to investigate, the College will evaluate:
- The seriousness of the alleged conduct;
- Whether the College has received other reports of a Title IX incident involving the same Respondent(s);
- Whether there is a risk of harm to others; and
- Any other evidence that the College determines to be relevant to the analysis.
The Title IX Coordinator(s) must inform the reporting party in writing of the decision whether or not to investigate. If the Title IX Coordinator(s) decide not to investigate based on the reporting party’s request not to investigate, the College shall take any steps determined to be necessary to protect the health and safety of the College community in relation to the alleged incident. If the Title IX Coordinator(s) determines that an investigation is necessary, the reporting party is not required to participate.
Retaliation is prohibited against an individual who in good faith reports an incident, opposes prohibited conduct, or cooperates in an investigation, disciplinary process, or judicial proceeding arising from such a report. Retaliation is a decision or action that is materially adverse to the reporting party and is of the type that would dissuade a reasonable person from exercising his or her rights to file a complaint or to participate in an investigation. Unlawful retaliation does not include petty slights or annoyances. Students who believe that they have been subjected to retaliation may file a complaint pursuant to Complaint Procedure 300 in the Student Handbook.
Employees who believe that they have been subjected to retaliation may file a complaint pursuant to Human Resources Policy IV.4002.A
