CLERY ACT & VIOLENCE AGAINST WOMEN ACT
CLERY ACT, VIOLENCE AGAINST WOMEN ACT (VAWA) & Campus SaVE Act
TTUHSC Clery Report
On October 20, 2014, the U.S. Department of Education published the final regulations for the Violence Against Women Act (VAWA) amendments to the Clery Act. The regulations, which went into effect on July 1, 2015, expand the rights afforded to victims of sexual assault, domestic violence, dating violence and stalking. The Campus SaVE Act Amended the Clery Act to mandate extensive "primary prevention and awareness programs" regarding sexual misconduct and related offenses.
FAILURE TO COMPLY
Failure to comply with Title IX can include the termination of all or part of a university’s federal funding. This includes grants, subsidies, and other program funds from the federal government. In addition to the loss of federal funds, universities may be sued by those seeking redress for violations of Title IX.
It is essential that institutions receiving federal financial assistance operate in a nondiscriminatory manner. To ensure the university’s compliance with the law, adherence to Title IX regulations IS EVERYONE’S RESPONSIBILITY.
TITLE IX COORDINATOR
TITLE IX COORDINATOR
The Title IX coordinator’s primary responsibility is to coordinate the HSC’s compliance with Title IX, including the grievance procedures for resolving Title IX complaints. The Title IX Coordinator must be informed of all reports and complaints raising Title IX issues, even if the complaint was initially filed with another individual or office or the investigation will be conducted by another individual or office.
Special Assistant to the President
Title IX Coordinator
3601 4th Street
MS 6262; Room 2B410B
Lubbock, TX 79430
Phone: 806 743-2900
DISCRIMINATION, SEXUAL DISCRIMINATION & PROHIBITED ACTS
SEXUAL DISCRIMINATION & PROHIBITED ACTS
TTUHSC does not discriminate in tis employment or student admissions on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, or status as a protected veteran.
TTUHSC does not discriminate on the basis of sex against any person in access to its campuses and facilities and in participation in its education services, programs, operations and employment. Sexual harassment, which includes sexual violence, is a form of sex discrimination prohibited by Title IX and institutional policies. See also HSC OP 51.02, Non-Discrimination and Anti-Harassment Policy and Complaint Procedure for Violations of Employment and Other Laws. Discriminatory behavior is prohibited regardless of the manner in which it is exhibited, whether verbally, in writing, or electronically displayed or conveyed.
Mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly conveys permission for a specific activity.
A repeated and/or severe, aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally. That is not speech or conduct otherwise protected by the 1st Amendment.
Retaliation against anyone who raises concerns of harassment or discrimination is a violation of federal law and TTUHSC policy. See HSC OP 52.04 Report & TTUHSC Internal Investigation of Alleged Violations; Non-Retaliation
Sex discrimination is an act that deprives a member of the University Community of his or her rights of access to campuses and facilities and of participation in education, services, programs, operations, employment, benefits or opportunities with the University on the basis of the person’s sex.
Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual Assault includes non-consensual sexual contact and non-consensual sexual intercourse.
Non-Consensual Sexual Contact
Intentional sexual touching, however slight, with any object or part of one’s body of another’s private areas without consent. Sexual Contact includes:
- Intentional contact with the breasts, buttock,
groin, or genitals;
- Touching another with any of these body
- Making another touch you or themselves with
or on any of these body parts; or
- Any other intentional bodily contact in a
Non-Consensual Sexual Intercourse
Sexual penetration or intercourse, however slight, with a penis, tongue, finger, or any object, and without consent. Penetration can be oral, anal, or vaginal.
Occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.
Sexual harassment, which is another form of discriminatory harassment, is unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of employment or education;
- Submission to or rejection of such conduct is used as a basis for decisions affecting employment or education; or
- Such conduct has the purpose or effect of interfering with the individual’s work or educational performance or of creating an intimidating, hostile, or offensive working or educational environment. To constitute an intimidating, hostile, or offensive working or educational environment, the complained of conduct must be either severe or pervasive.
A broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and other misconduct based on sex.
A course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome, and would cause a reasonable person to feel fear.
It is repetitive and menacing pursuit, following, harassing and/or interfering with the peace and/or safety of another.
The TTUHSC does not tolerate on its campuses, in its facilities or in its programs or operations direct or indirect threats of violence or acts of violence or unlawful acts or behaviors. See HSC OP 76.08
Intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person who is or has been in a social relationship of a romantic or intimate nature.
The use of force in domestic situations that causes bodily injury, threatens to cause bodily harm, or causes any kind of physical contact the other person may regard as offensive or provocative.
See HSC OP 51.03 for detailed descriptions of behavior noted above.
(faculty and staff)
RESPONSIBLE EMPLOYEES (faculty and staff)
Students, faculty and staff should report their concerns to a responsible employee on TTUHSC campuses.Â A responsible employee is a university employee who has the authority to take action to redress an alleged violation of this policy; who has been given the duty of reporting such allegations to the University Title IX Coordinator or Title IX Deputy Coordinators; or whom an individual could reasonably believe has this authority or duty.
Responsible Employees include, but are not limited to:
- Academic advisors;
- Faculty members, including professors, adjuncts, lecturers, instructors, and teaching assistants;
- Student services personnel;
- Graduate research assistants;
- Student organizations and community advisors;
- All supervisory personnel;
- Human Resources personnel; and
- The Texas Tech Police Department
MANDATORY RESPONSIBILITY TO REPORT
MANDATORY RESPONSIBILITY TO REPORT
All members of the university community (students, faculty, staff and visitors to any University premises or University-affiliated activity) are responsible for reporting immediately any Prohibited Acts/ Misconduct they experience, witness or which are communicated to them. Responsible Employees are not confidential reporting resources.
Furthermore, any member of the university community who becomes aware of possible sexual harassment or sexual assault perpetrated by a TTUHSC employee, not acting within the scope of their employment, should promptly contact the Title IX Coordinator to discuss the matter. Â Disclosures to licensed clinical and/or mental health professions (physicians, psychologists, nurses, counselors, and those performing services under their supervision) acting in their professional role are not subject to mandatory reporting requirements. Refer to HSC OP 51.03 for further instruction on reporting expectations.
Supervisors, Managers & Administrators
Are mandated to report harassment or other misconduct of which they are aware. TTUHSC faculty members, supervisors, student services staff, and anyone else employed by TTUHSC who have supervisory, administrative, and instructional or advising responsibilities must notify the Title IX Coordinator or deputy Title IX Coordinators immediately about matters of possible sexual assault or sexual harassment.
Abuse or Suspected Abuse of Minors
All employees are required to report abuse or suspected abuse of minors consistent with the law of the state. This generally includes reporting immediately to law enforcement and to the state’s child welfare agency. Â Refer to HSC OP 51.03 for further instruction on reporting expectations.
ADDRESSING CONCERNS AT TTUHSC
ADDRESSING CONCERNS AT TTUHSC
All students, employees, and third parties are strongly encouraged to promptly report any incidents of Sexual Misconduct to the University Title IX Coordinator, Title IX Deputy Coordinators, and the Office of EEO or to Law Enforcement Agencies.
Any concerns about discrimination, harassment, on the basis of gender involving a student, faculty or staff member may be brought to the TTUHSC Title IX Coordinator, the EEO, Deputy Title IX Coordinator or a responsible employee. Refer to HSC OP 51.03 for specific complaint procedures;
Concerns of possible Sexual Misconduct/Prohibited Acts of Students:
Sexual discrimination as outlined in the TTUHSC Student Handbook and the TTUHSC operational policies (OPs) is prohibited. These policies apply to all TTUHSC students. Complaints of student sexual misconduct are addressed by the Deputy Title IX Coordinator, Assistant Vice President of Student Services and are governed by the Student Handbook. Link to Student Services Website.
Reports of sexual misconduct and sexual harassment by a TTUHSC student may be filed with the Deputy Title IX Coordinator in the TTU EEO office, or Student Services by any person, including both those affiliated and those not affiliated with TTUHSC. Refer to HSC OP 51.03 for specific complaint procedures.
Faculty and Staff
Concerns about sexual harassment alleged to have been committed by a TTUHSC employee should be promptly brought to the attention of the Title IX Coordinator or the Deputy, Title IX Coordinator in the office of EEO by any person, including both those affiliated and those not affiliated with TTUHSC.
TTUHSC employees who believe they may have been subjected to harassment or discrimination in the workplace should contact the Office of EEO or the Title IX Coordinator or their local Human Resource Office to learn what options are available to them. Refer to HSC OP 51.03, for further clarification of Title IX requirements.
All employees and students have a responsibility to:
Refrain from Retaliation directed against any person for making a good faith report of Prohibited Conduct or participating in any proceeding under the Policy;
Provide truthful information in connection with any report, investigation, or resolution of Prohibited Conduct under the Policy or these Procedures.
SUBMITTING A COMPLAINT
SUBMITTING A COMPLAINT
All students, employees, and third parties are strongly encouraged to promptly report any incidents of Sexual Misconduct to the University Title IX Coordinator, Title IX Deputy Coordinators, or Office of EEO. All students, employees, and third parties may also report incidents of Sexual Misconduct to law enforcement, including on-campus and local police. Reporting Parties may choose to notify law enforcement and will be provided the assistance of a Title IX Coordinator, Title IX Deputy Coordinator, or Office of EEO in contacting these authorities if the individual wishes. For a list of Law Enforcement Agencies, please see Section 13 of this policy. Reporting Parties may also decline to notify law enforcement of incidents of Sexual Misconduct.
Mediation will not be used to resolve complaints of Sexual Assault and Interpersonal Violence, as defined HSC OP 51.03 in this policy.
An individual who experiences any form of sexual, domestic, or dating violence is encouraged to seek immediate medical care. Also, preserving DNA evidence can be key to identifying the perpetrator in a sexual violence case. Victims can undergo a Sexual Assault Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) to preserve physical evidence with or without police involvement. If possible, this should be done immediately. If an immediate medical exam is not possible, a SANE may still collect evidence up to 4 days following a sexual assault. With the examinee’s consent, the physical evidence collected during this medical exam can be used in a criminal investigation. To undergo a SAFE, go directly to the nearest emergency department that provides SAFE services. For more information about the SAFE, see http://hopelaws.org/ or https://www.texasattorneygeneral.gov/cvs/sexual-assault-prevention-and-crisis-services.
- An individual who experiences any form of Sexual Misconduct should also preserve other evidence relevant to the complained of activity, such as items of clothing, photographs, phone records, text messages, computer records, and other documents.
- If an employee is a Responsible Employee and receives information about Sexual Misconduct, reporting is required. Responsible Employees have a duty to promptly report all known details of incidents of sex discrimination, sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, Sexual Misconduct, sexual exploitation, public indecency, interpersonal violence, and stalking to the University Title IX Coordinator, Title IX Deputy Coordinators, or Office of EEO. Responsible Employees are not confidential reporting resources.
- Disclosures to licensed clinical and/or mental health professionals acting in their professional role in the provision of services are not subject to the foregoing mandatory reporting requirements. These employees include physicians, psychologists, nurses, counselors, and those performing services under their supervision. These employees are encouraged to provide students or employees with information and guidance regarding University reporting options and available resources but will not report or otherwise refer instances of sexual harassment/misconduct to University administrators without the student or employee’s express permission.
Complaints by or against Students
- If a student has a complaint of Sexual Misconduct by another student, see Part IV in the TTUHSC Student Handbook.
- If a student has a complaint regarding Sexual Misconduct involving a student organization, see Part IV in the TTUHSC Student Handbook.
- If a student has a non-employment based complaint of Sexual Misconduct by an employee, see Part IV in the TTUHSC Student Handbook. Alternatively, the student may contact the Office of Student Services or the Office of EEO. Student complaints of Sexual Misconduct by an employee will be investigated jointly by the Office of Student Services and the Office of EEO. If a student employee has a complaint of Sexual Misconduct, which occurs during the course and scope of employment with the University, against an employee, the student should follow the procedure set forth for employees in this policy.
- If an employee has a complaint of Sexual Misconduct against a student, the employee should contact the Office of Student Services and/or file an incident report form, found at the Office of Student Services website.
Employee Complaint Procedures, Including Student Employees
- If an employee has a complaint of Sexual Misconduct against another employee, the general provisions relating to employees and the employee complaint procedures set forth in HSC OP 51.02 shall apply. An employee having a complaint under this policy (HSC OP 51.03) should submit a completed Complaint of Sexual Harassment, Sexual Assault, or Sexual Misconduct form, which is available on the University’s Human Resources website at the following link: http://www.ttuhsc.edu/hr/forms.aspx .
- In addition, in complaints of Sexual Misconduct the following provisions shall control.
While there is no deadline to file a complaint, to promote timely and effective review, the University strongly encourages individuals who believe they have experienced Sexual Misconduct to come forward promptly with their complaints and to seek assistance from the University. Delays in reporting can greatly limit the University’s ability to stop the Sexual Misconduct, collect evidence, and/or take effective action against individuals or organizations accused of violating the policy.
Individuals wishing to remain anonymous can file a complaint in any manner, including by telephone or written communication, with the University Title IX Coordinator, a Title IX Deputy Coordinator or the Office of EEO. However, electing to remain anonymous may greatly limit the University’s ability to investigate an alleged incident, collect evidence, and/or take effective action against individuals or organizations accused of violating this policy.
Both parties have the right to be accompanied by an advisor of the individual’s choosing during all meetings, proceedings, and/or disciplinary hearings at which the individual is present. The role of the advisor will be limited to being present only; advisors are not allowed to actively participate in the process
EXPECTATIONS AND RESPONSIBILITIES
OF COMPLAINANTS AND RESPONDENTS
EXPECTATIONS OF COMPLAINANTS AND RESPONDENTS
Pursuant to these Procedures, Complainants and Respondents can expect:
- Prompt and equitable resolution of allegations of Prohibited Conduct;
- Privacy in accordance with the Policy and any legal requirements;
- The right to request a reasonable accommodation throughout the investigation process if you have disability.
- Freedom from Retaliation for making a good faith report of Prohibited Conduct or participating in any proceeding under the Title IX Policy;
- The opportunity to articulate concerns or issues about proceedings under the Policy and these Procedures;
- Timely notice of any meeting or proceeding at which the partyâ€™s presence is contemplated by these Procedures;
- The opportunity to challenge the Investigator or any member of the Review Panel for bias or conflict of interest;
- The opportunity to offer information, present evidence, and identify witnesses during an investigation;
- The opportunity to be heard, orally and/or in writing, as to the determination of a Policy violation and the imposition of any sanction(s);
- Timely and equal access to any information that will be used during Alternative or Formal Resolution proceedings and related meetings;
- Reasonable time to prepare any response contemplated by these Procedures;
- To receive updates regarding the status and progress of the Title IX investigation.
- Written notice of any extension of timeframes for good cause; and;
- Written notice of the outcome of any Formal Resolution proceedings, including the determination of a Policy violation, imposition of any sanction(s), and the rationale for each.
PRIVACY & CONFIDENTIALITY
PRIVACY & CONFIDENTIALITY
All TTUHSC resources listed on this page are committed to preserving student, faculty and employee privacy and confidentiality. Although, under certain circumstances, information may need to be shared with other university individuals and authorities, in order to provide for the individual’s safety, effective completion of the investigation, and/or to provide for the safety of the campus community, and to the extent allowed by law.
RELATED OPERATING POLICIES
Below are TTUHSC Operating Procedures (OPs) related to the proper execution of Title IX regulations. A full list of HSC operational procedures can be accessed here.
HSC OP 10.15 Americans with Disabilities Act
The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to ensure understanding of Texas Tech University Health Sciences Center’s (TTUHSC) responsibilities regarding the Americans with Disabilities Act (ADA and ADAAA of 2008).
HSC OP 51.02 Non-Discrimination and Anti-Harassment Policy and Complaint Procedure for Violations of Employment and Other Laws
The University is an Equal Employment Opportunity (EEO) employer and ensures compliance with federal and state employment laws and regulations. In the event an individual believes his/her rights under these or other laws have been violated, this policy sets forth the procedures to address these concerns in a fair, equitable, and prompt manner.
HSC OP 52.03, Sexual Harassment, Sexual Assault, Sex-Based Misconduct, and Title IX Policy and Complaint Procedure
This policy provides information regarding the University’s prevention and education efforts related to sex discrimination, sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, public indecency, sex-based misconduct, interpersonal violence, and stalking. The policy also explains how the University will proceed once it is made aware of allegations of prohibited conduct in keeping with the University’s values and in order to meet the legal obligations of Title VII, Title IX, the Violence against Women Reauthorization Act of 2013, the Campus Sexual Violence Elimination Act (SaVE), and other applicable law.
HSC OP 52.06, Standards of Conduct and Ethics Guide
The purpose of this Texas Tech University Health Sciences Center (TTUHSC) Operating Policy (OP) is to provide general guidance for reporting and investigation of alleged violations not otherwise addressed in other Texas Tech University Health Sciences Center Operating Policies and to protect the rights of TTUHSC Employees and Affiliates who in good faith report violations of law or who participate in any manner in a civil or criminal legal action involving allegations of violation of law.
HSC OP 60.06 Consensual Relationships - Faculty and Students
The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to establish a policy defining and addressing consensual relationships between TTUHSC faculty and students and establishing procedures for reporting such relationships.
HSC OP 60.10 Faculty Grievance Procedure
The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to establish a model procedure that will permit fair, consistent, and internal consideration of grievances from faculty, and provide a process for their resolution. Each School must adopt a faculty grievance policy that is an expansion to this policy and fully describes the policy and procedures for that school within the guidelines of this HSC policy. Faculty are directed to obtain a copy of their School policy from their Dean’s office.
HSC OP 70.10 Non-faculty Employee Complaint Procedures
The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to provide reasonable and consistent internal consideration of complaints from non-faculty employees. TTUHSC will strive to seek fair, just, and prompt resolution of complaints by non-faculty employees arising from the employment relationship.
HSC OP 70.31 Employee Conduct, Coaching, Corrective Action, and Separation of Employees
The purpose of this Operating Policy and Procedure is to provide guidelines for employee conduct and performance and for effective corrective action when problems arise in an employee’s conduct or work. This policy also provides information and guidance for separation or termination of employment. For faculty employees see also HSC OP 60.01.
HSC OP 70.38 Employee Assistance Program
The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to establish procedures governing the use of and referral to the Employee Assistance Program (EAP).
HSC OP 76.08, Violence and Workplace Threats
The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to establish policy in providing a safe and secure workplace, free from threats and violence, for all those involved in the business of TTUHSC.
TRAINING & PREVENTION
To ensure successful execution and solidification of the institution’s Safe Campus Commitment and to prevent and raise awareness of the harm resulting from the conduct of prohibited acts and misconduct, primary prevention and awareness programs for all incoming students and new employees and ongoing education to both employees and students is provided.
All employees must attend EEO non-discrimination and sex/gender discrimination training including sexual assault, sexual harassment, and campus crime mandated reporter training within the first 30 days of employment and receive supplemental training every two years. Other appropriate compliance training sessions will also be conducted on an ongoing basis.
New hires are required to complete EEO non-discrimination and sex/gender discrimination and Title IX Mandatory Reporter Training within 30 days of hire. Students please refer to the TTUHSC Student Handbook are direction on required training. Students also refer to Student Services for additional information. Other appropriate compliance training sessions will also be conducted on an ongoing basis.
Personnel tasked with implementing Title IX procedures, e.g.: Title IX Coordinators, investigators, hearing officers, etc.), will be trained at least annually.
Campus Police / Security
Also refer to your local police or security offices
Employee Assistance Program
Lubbock County Sheriff’s Department
Lubbock Rape Crisis Center
Office of Equal Employment Opportunity
Office of Student Services
Women's Protective Services
Texas Department of Public Safety
U.S. Department of Education, Office of Civil Rights