IX.A.1.1. Policy
This policy specifically covers sexual misconduct including sexual harassment, violence, discrimination, and retaliation as prohibited by applicable laws and the College. The College also prohibits unlawful discrimination based on other protected categories and discusses such prohibitions in the human resources and student policy sections. The College does not tolerate retaliation against anyone who complains about sexual misconduct or cooperates in a sexual misconduct investigation. Nothing in this policy prohibits anyone from filing a report or complaint with any other agency, including law enforcement.
The College shall review and update this policy as required by law.
IX.A.1.2. Definitions
Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. A prior relationship does not indicate consent to future activity. A person who is asleep or mentally or physically incapacitated, either through the effect of drugs, alcohol, or for any other reason, is not capable of giving valid consent. The use of alcohol or drugs may seriously interfere with the participants’ judgment about whether consent has been sought and given.
Hostile work environment sexual harassment means verbal, physical, or visual forms of harassment that are sexual in nature, unwelcome, and severe, persistent, or pervasive. A hostile environment is often created by a series of incidents. However, a single severe incident, such as sexual assault, could create a hostile environment.
Quid pro quo sexual harassment means “this for that.” An example of this form of sexual harassment occurs if a faculty member (or staff member) stipulates that a student’s grade or performance rating (or participation on a team, in a play, etc.) will be based on whether that student submits to sexual conduct.
IX.A.1.3. Sexual Misconduct Procedures
Sexual misconduct investigations are governed by the policies outlined below. Chancellor’s Procedures and forms shall supplement and comply with this policy.
Parties needing reasonable accommodations due to disability during proceedings under this policy are asked to please inform the Title IX coordinator. Disability verification may be required if the information is not currently on file with the College.
All individuals listed in the prior paragraph shall promptly inform the Title IX Coordinator of any such report. The Responsible Employee or CSA must inform the reporting person that the responsible employee or CSA has a duty to relay the complaint to the Title IX Coordinator and, if applicable, to the Clery Compliance Officer. The Responsible Employee or CSA must also inform the reporting person about his or her confidentiality options, available confidential advocacy, support services, the right to file a Title IX complaint with the College, and the right to report a crime to the campus or external law enforcement. Reports made through the College’s EthicsPoint Hotline (see Internal Resources) will be forwarded to the Title IX Coordinator and, if applicable, the Clery Compliance Officer.
The Title IX Coordinator or designee will then perform an intake assessment within a reasonable period of receiving any sexual misconduct report. The intake assessment may include preliminary interviews and interim step recommendations. The Title IX Coordinator or designee will conduct an investigation following the intake assessment if the complaint alleges sexual misconduct.
The College does not require mental-health counselors, pastoral counselors, social workers, psychologists, health center employees, or any other person with a professional license requiring confidentiality, or who is supervised by such a person, to report, without the individual’s consent, incidents of sexual violence to the College in a way that identifies the individual.
The College provides an electronic reporting option via EthicsPoint. A link can be found under Internal Resources and at the bottom of the College’s homepage (Report Sexual Misconduct). EthicsPoint enables anonymous reporting. Such anonymity requests, however, may limit the College’s ability to respond.
Interim steps that separate a student from his or her education must be approved by the applicable college president and the Chancellor.
The hearing will take place within a reasonable period after the Title IX Coordinator receives (or should have received) the parties’ responses to the investigation report. The Title IX Coordinator shall provide the parties with notice of the hearing. The hearing officer will be an independent arbiter or mediator selected by the College at its sole discretion. The Title IX Coordinator shall provide the hearing officer with the investigation report and the parties’ responses at or before the hearing.
Both the complainant and the respondent will have an opportunity to present witnesses and evidence at this hearing. The complainant and the respondent may be accompanied by an advisor, including legal counsel. Personal attendance is not required from either party.
Neither the complainant nor the respondent will have an opportunity to question the other party, whether personally or through the advisor. Each party will be limited to presenting his or her case, except that either party may submit desired cross-examination questions to the hearing officer on the date of the hearing or to the Title IX Coordinator before the hearing. The hearing officer will determine whether to ask the questions submitted during his or her questioning of either party—that decision is not appealable.
The hearing result, the result’s rationale, and any recommended sanctions shall be delivered to the complainant, the respondent, and the Chancellor within a reasonable time period after the hearing. The Chancellor’s decision regarding the sanctions will be final.
Any party may contact the following for assistance:
Student-Compliance@lonestar.edu
7011 Southwest Freeway
Houston, Texas 77074
Crisis Telephone: (866) 970-7770
Main Telephone: (713) 970-7000
Website: http://www.mhmraharris.org/
1502 Ben Taub Loop
Houston, Texas 77030
1506 Old Montgomery Rd.
Conroe, Texas 77304
Crisis Phone: (800) 659-6994
Main Phone: (936) 756-8331
Website: http://www.tcmhmrs.org/