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
- By mail
- By telephone
- By email
- Through the online portal
Submitting a report does not require the individual to file a Formal Complaint or participate in an investigation.
Allegations against students may also be reported to the Office of Student Rights and Responsibilities at 281-478-2756. Allegations against employees may be reported to the Human Resources Department at 281-998-6115.
When an individual, or someone on their behalf, makes a report to a Title IX Coordinator, the Title IX Coordinator will provide written information about the individual’s rights and options, including:
- How to file a Formal Complaint, if desired.
- 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 report it to the San Jacinto College Police Department at 281-476-9128 or to another police agency with jurisdiction. A police department’s geographic jurisdiction depends on where the incident occurred.
San Jacinto College Police or another police agency may share the report with the College’s Title IX Coordinators. Reporting an incident promptly can help preserve evidence.
The decision to report an incident to law enforcement belongs to the alleged victim. Crime victims may choose to report an offense to law enforcement or decline to report it.
Whether or not the alleged victim files a police report, they have the right to:
- File an administrative complaint with the College.
- Seek support services or supportive measures from the College.
- Request assistance from 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 soon as possible. They should also preserve all evidence related to the assault or misconduct, including potential DNA evidence, bruising, and other injuries.
Before a medical exam or treatment, victims should not:
- Wash or shower.
- Change clothes.
If clothing is removed, place it in a paper bag. Victims should also preserve evidence from emails and text messages.
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 want to keep their names private and avoid public disclosure. The College respects each person’s interest in privacy.
Certain laws restrict the disclosure of student records and records related to sexual harassment and sexual assault. See the Family Educational Rights & Privacy Act and Texas Education Code § 21.256.
However, state and federal law require most College employees to report allegations of sexual harassment, sexual assault, dating violence, domestic violence, and stalking to a Title IX Coordinator.
When a Formal Complaint is initiated, the investigation process may also require certain information to be disclosed, including the parties’ names. These disclosures may be necessary to conduct a fair and thorough investigation.
The College will share information only with individuals who need it to fulfill their responsibilities. This may include:
- Investigators
- Witnesses
- The reporting party
- The respondent
- Parties’ advisors
- Decision-makers
- Appellate officers
- College administrators
- Attorneys
- Trustees responsible for ensuring compliance with 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. The student’s identity will not be reported to the Title IX Coordinators or law enforcement. Counselors will not report the student’s name or details without the student’s consent.
Individuals may also make a confidential report to:
A community rape crisis center
A clergyperson
A health care provider of their choice
Community resources are listed on the Resource Information page.
Any San Jacinto College employee who, in the course and scope of employment, observes or receives information about an incident that the employee reasonably believes constitutes sexual assault, sexual harassment, dating violence, or stalking must promptly report the incident to one of the College’s Title IX Coordinators.
This reporting requirement applies when the incident was committed by or against a College student or employee and:
- The student was enrolled at the College when the incident occurred; or
- The employee was employed by the College when the incident occurred.
Employees who fail to make a mandatory report are subject to termination. They also may be subject to criminal prosecution for failing to report an incident of sexual assault, sexual harassment, dating violence, or stalking as described above.
Where to Report
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 an incident involves both a student and an employee, it may be reported to either office.
Exceptions to the Reporting Requirement
Victims are not required to report their own incidents.
Employees who learn about 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, such as sexual assault or stalking. They are not required to provide other details, such as the names of the individuals involved.
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, at no cost to a reporting party or respondent. These measures may be provided when an incident is reported or a complaint is filed, even if no Formal Complaint has been filed.
Supportive measures are individualized services that are:
- Non-disciplinary
- Non-punitive
- Offered when appropriate and reasonably available
Supportive measures are designed to:
- Restore or preserve access to an individual’s education program or activity without unreasonably burdening the other party.
- Protect the safety of all parties and the educational environment.
- Deter sexual harassment and other sexual misconduct.
Supportive measures may include:
- Counseling
- Extensions of deadlines or other course-related adjustments
- Changes to 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 or monitoring of certain campus areas
- Other similar measures
Measures that are disciplinary in nature cannot be implemented until the Grievance Process is complete, unless an emergency removal is appropriate.
Under state law and College policy, the reporting party and respondent may drop a course in which both parties are enrolled without an academic penalty.
The College must maintain the confidentiality of supportive measures provided to the reporting party or respondent, unless maintaining confidentiality would 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.
San Jacinto College Board Procedure III.3006.D.a, Allegations of Sexual Misconduct (section 9) distinguishes between reporting an allegation of misconduct and filing a Formal Complaint.
Reporting an allegation
Reporting an allegation informs the College of an incident. This allows the College to explain the alleged victim’s rights and options, including the right to request support services or supportive measures, sometimes called interim measures.
Reporting an allegation does not necessarily result in an investigation or the initiation of the Grievance Process.
Filing a Formal Complaint
When an individual reports an allegation, or someone reports an allegation on their behalf, the alleged victim will be offered individualized supportive measures and informed of their option to file a Formal Complaint.
If the individual wants an investigation and wishes to begin the Grievance Process, they should file a Formal Complaint. Filing a Formal Complaint typically results in an investigation and hearing to determine whether the responding party is responsible and whether sanctions should be imposed.
Employee Policies and Procedures
Employee-related policies and procedures are available 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 anyone who, in good faith:
- Reports an incident.
- Opposes prohibited conduct.
- Cooperates in an investigation, disciplinary process, or judicial proceeding related to a report.
Retaliation is a decision or action that is materially adverse to the reporting party and would dissuade a reasonable person from exercising their right to file a complaint or participate in an investigation. Unlawful retaliation does not include petty slights or annoyances.
Reporting Retaliation
Students who believe they have experienced retaliation may file a complaint under Complaint Procedure 300 in the Student Handbook.
Employees who believe they have experienced retaliation may file a complaint under Human Resources Policy IV.4002.A.
