Title IX/Sexual Misconduct

The right to report sexual misconduct to the College without discouragement and the right to have report promptly, equitably, and fairly investigated;

The right to be treated with respect by College officials;

The right to preservation of privacy, to the extent possible and allowed by law;

The right to be informed of available resources such as counseling, medical, mental health, law enforcement, immigration, or services for victims/respondents, both on campus and in the community;

The right to be fully informed or f the sexual misconduct policy and process as described in the TSUS Sexual Misconduct Policy;

The right to petition that any investigator, coordinator, or College administrator be removed from the process on the basis of demonstrated bias;

The right to timely notice of meetings;

The right to be provided timely access to review relevant documents or materials, subject to privacy limitations imposed by state and federal law;

The right to identify and ask the investigator to question relevant witnesses;

The right to have a representative or advisor present (although not directly participating) during any meetings with Investigator, Coordinator, or Appellate Authority

The right to be informed in writing of the outcome and sanction of any investigation involving sexual misconduct;

The right to a finding and sanction (if any) based solely on evidence presented during the investigation;

The right to appeal the finding and sanction of the applicable administrator, in accordance with the TSUS Sexual Misconduct Policy;

The right to have College policies and procedures followed without material deviation;

The right to be informed in advance, when possible, of any public release of information regarding the complaint.

The right to be informed by College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities.  This also includes the right not to report, if this is the victim's desire.

The right to notification of and option for interim safety measures such as changing academic and living situations after an alleged sexual assault incident, if requested and if changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available).  Accommodations may include:

• Change of an on-campus housing to a different on-campus location;
• Assistance from College support staff in completing the relocation;
• Academic assistance such as exam (paper, assignment) rescheduling, withdrawal or alternative course completion, as available;
• Campus no contact order against respondent who has engaged in or threatens to engage in stalking, threatening, harassing, or other improper behavior that presents a danger or threat of danger;
  • Reassignment of work location; Escort or transportation assistance.

The identity of the following individuals is confidential and not subject to disclosure under the Texas Public Information Act, unless such individual(s) waive nondisclosure in writing:

• an alleged victim of an incident of sexual misconduct;
• a person who reports an incident of sexual misconduct;
• a person who sought guidance from LSCPA concerning such an incident;
• a person who participated in LSCPA’s investigation of such an incident; or,
• a person who is alleged to have committed or assisted in the commission of sexual misconduct, provided that after completion of the investigation, the Component determines the Complaint or Report to be unsubstantiated or without merit.

The identity of these individual(s) may only be disclosed to the following:

• LSCPA, as necessary to conduct an investigation and resolution of the investigation;
• the person or persons alleged to have perpetrated the incident of sexual misconduct, to the extent required by other law;
• a law enforcement officer, as necessary to conduct a criminal investigation;
• potential witnesses to the incident, as necessary to conduct an investigation; or,
• a health care provider in an emergency situation, as determined necessary by the LSCPA.

If there is a direct conflict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere with the primary purpose of Title IX to eliminate sex-based discrimination in schools, the requirements of Title IX override any conflicting FERPA provisions.