Complaint Process

Upon receipt of an allegation of sexual misconduct, the Title IX Coordinator will:

• promptly contact the Complainant to discuss the availability of supportive measures, Complainant’s wishes with respect to Supportive measures, and the availability of supportive measures with or without the filing of a formal complaint or report;
• explain to the Complainant the process for filing a formal complaint or report;
• provide an electronic and/or hard copy of the Texas State University System Sexual Misconduct Policy, which explains the process and rights of all Parties;
• request additional information regarding the reported incident;
• explain the investigatory process;
• explain the options for reporting to law enforcement authorities, whether on campus or local police;
• discuss Complainant’s request for anonymity and confidentiality, if such has been requested, and explain that confidentiality may impact LSCPA’s ability to investigate fully;
• discuss the Parties’ consent to release and share documents and/or the need for non-disclosure agreements;
• determine whether the Complainant wishes to pursue informal resolution; and,
• refer the Complainant, as appropriate, to the counseling center or other resources, including but are not limited to, law enforcement, medical assistance, psychological counseling, victim advocacy resources, legal resources, student financial aid, alternative disciplinary processes, and visa and immigration assistance.

Supportive measures are available to both Parties, as applicable and appropriate. Supportive measures may include, but are not limited to:

• counseling provided by a counselor who does not provide counseling to any other person involved in the incident;
• extensions of deadlines or other course-related adjustments;
• without any academic penalty, modifications of work or class schedules or assignments, including the option of dropping a course in which both Parties are enrolled;
• campus escort;
• mutual restrictions on contact between the Parties;
• changes in work or housing locations;
• leaves of absence;
• restrictions from specific activities or facilities; and,
• increased security and monitoring of certain areas of the campus.

The College will honor any order of protection, no contact order, restraining order or similar lawful order issued by any criminal, civil, or tribal court.

Supportive measures are confidential to the extent allowed by law and to the extent that maintaining such confidentiality will not impair the ability to provide the measures. LSCPA’s inability to take disciplinary action against an alleged Respondent because of a Complainant’s insistence on anonymity will not restrict the College’s ability to provide appropriate measures for the reasonable safety of the LSCPA community.

Emergency removal of an employee or student prior to a final decision in the grievance process must comply with Texas State University System Rules and Regulations.

If the Complainant does not wish to have an incident of sexual misconduct investigated, the Title IX Coordinator shall discuss this request with Complainant before the Title IX Coordinator makes a decision on whether to proceed with the investigation. In deciding whether to proceed with such an investigation, the Title IX Coordinator will make an individualized assessment, taking into account the Complainant’s wishes not to proceed as well as other relevant factors including, but not limited to:

• the seriousness of the alleged conduct;
• whether violence or weapons were involved;
• the age of the victim;
• whether other complaints or reports have been made against the alleged Respondent; and,
• whether the alleged incident poses a risk of harm to others.

LSCPA may investigate the alleged incident of sexual misconduct in a manner that complies with the applicable confidentiality provisions in this Policy. If LSCPA decides not to investigate, the College will take any steps it determines necessary to protect the health and safety of its community in relation to the alleged incident.  LSCPA will inform the Complainant of its decision to either investigate or not investigate the allegations.

LSCPA will give written notice of the allegations to the parties, which also includes, but is not limited to, information on the College’s grievance process, certain details of the allegations and alleged incident, certain rights of the parties, and the availability of supportive measures to the parties.

The Parties are permitted to have an Advisor of their choice. The Advisor may be, but need not be, an attorney who may provide support, guidance, or advice to the Party. The Advisor may not otherwise directly participate in any meeting, interview, or proceeding except for the limited purpose of conducting cross-examination at a live hearing, if any. In addition to cross-examination, the Advisor may provide support, guidance, or advice to Complainant or Respondent, but may not otherwise directly participate in the hearing.

The College will assign an investigator, who will gather and review information from the parties and witnesses. The investigator may gather other information, or conduct site inspections, as appropriate. The investigator will provide written notice to persons whose participation is invited or expected of the date, time, location, and purpose of all hearings, investigative interviews, or other meetings.

All Parties will have equal opportunity to present fact and expert witnesses and other inculpatory and exculpatory evidence during the course of the investigation. LSCPA may not restrict the ability of either Party to discuss the allegations under investigation, or to gather and present relevant evidence.

Once the assigned Investigator concludes all fact finding and evidence gathering activities, each Party and their respective Advisors have equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the Formal Complaint, including the evidence upon which the Component does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a Party or other source, so that each Party can meaningfully respond to the evidence prior to the conclusion of the investigation.

The Investigator will complete a written Investigative Report that includes summaries of interviews conducted; photographs, if any; documents and materials received; descriptions of relevant evidence; summaries of relevant electronic records; and a detailed report of the events related to the incident.

Any person accused of sexual misconduct at LSCPA is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The Decision Maker will weigh the admissible evidence using the preponderance of the evidence standard (i.e., is it more likely than not that a policy violation occurred).

Depending on the nature of the allegations, the complaint may proceed to a hearing or the Title IX Coordinator may review the report and issue a finding.

Hearing

If a hearing is required, a Notice of Hearing is sent to the Parties and their Advisors. If a Party does not have an Advisor to conduct cross-examination at the live hearing, the College will provide the Party with an Advisor, who need not be an attorney, for the limited purpose of conducting cross-examination at the live hearing.

The Investigative Report is provided to all Parties, their Advisors, and the Decision Maker. At the hearing, each Party may give a statement, answer questions, present evidence, and witnesses, and cross-examine the other Party and witnesses through their Advisor.

LSCPA is required to make all evidence subject to the Parties’ inspection and review available at any hearing to give each Party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination. Only relevant questions may be asked of a Party or witness during the hearing.

The hearing may be conducted with all Parties and witnesses physically present in the same geographic location or, at the College’s discretion, any or all Parties, witnesses, or other participants may appear at the hearing virtually. At the request of either Party, the College shall provide for the entire hearing, including cross-examination, to occur with the Parties in separate rooms with technology that enables the Parties to see and hear each other or the witness answering questions, at all times while the hearing is in session.

LSCPA is required to create an audio or audiovisual recording, or transcript, of any live hearing and make such recording or transcript available to the Parties for inspection and review.

Once the live hearing has concluded, the Decision Maker will issue a written determination, which shall be sent simultaneously to the Parties, along with information about how to appeal the determination.

Appeals

Both Parties must be offered an appeal from a determination regarding responsibility, and from a dismissal of a Formal Complaint or any allegations therein. Grounds for appeal are limited and include procedure irregularities that affected the outcome, new evidence that was not reasonably available at the relevant time, potential conflict of interest or bias, and a substantially disproportionate sanction.

Either Party may appeal a dismissal or Decision Maker’s determination by filing a written request to appeal, with supporting information, with the appropriate Appellate Authority within the allowed time frame. If a party appeals, the college will notify the other party and implement appeal procedures equally for both parties. The decision of the Appellate Authority is final.

Finding Issued by Title IX Coordinator

The Title IX Coordinator will review the Investigative Report and determine whether it is more likely than not that the Texas State University System Sexual Misconduct Policy was violated.

When there is a Finding of no violation of this Policy, the Title IX Coordinator will communicate the Finding in writing simultaneously to the Parties.

When there is a Finding that it is more likely than not there was a policy violation, written notifications of the finding, including the basis for the decision and recommended sanctions, will be sent to the appropriate LSCPA administrator (e.g., Dean of Student Services, employee supervisor, faculty Department Chair) with the authority to determine and issue appropriate sanctions.

Either Party may dispute the findings or the sanctions. Procedures for disputes and appeals are documented in the Texas State University System Sexual Misconduct Policy.

Informal resolution is a process in which a facilitator works with the Parties to come to a solution as an alternative to investigation and adjudication (e.g., mediation). Informal resolution is only available under certain circumstances and either party has the right to withdraw from the informal resolution process at any time prior to reaching an agreement and resume the grievance process. If it is determined that informal resolution is an appropriate mechanism for resolving the complaint:

• Both parties must be willing to engage in the informal resolution process and consent to do so in writing.
• Both parties must be LSCPA students or both parties must be LSCPA employees.

If no agreement can be reached, if one or more Parties withdraws from the process, or it is determined that informal resolution is no longer appropriate, the grievance process will be resumed.

The College is permitted to dismiss a complaint under certain circumstances. For example, if the Victim submits written notification to the Title IX Coordinator requesting that complaint be withdrawn, or specific circumstances prevent the College may be unable to gather evidence sufficient to reach a determination. Complaints dismissed for these reasons may be transferred to an alternative disciplinary process. Upon dismissal, the College will send written notification to both parties which includes the reason(s) for dismissal and instructions for appealing the dismissal.

Sanctions will depend on the nature and gravity of the misconduct and/or any record of prior discipline for sexual misconduct. Sanctions include, but are not limited to, the following:

Student Sanctions

• no-contact orders;
• probation (including disciplinary and academic probation);
• expulsion from campus housing;
• restricted access to activities or facilities;
• mandated counseling (this may include, but not be limited to education programs and batterer intervention);
• disqualification from student employment positions;
• revocation of admission and/or degree;
• withholding of official transcript or degree;
• bar against readmission;
• monetary restitution;
• withdrawing from a course with a grade of W, F, or WF; or,
• relevant training.

Employee Sanctions

• withholding a promotion or pay increase;
• reassigning employment, including, but not limited to demotion in rank;
• terminating employment;
• barring future employment from System or LSCPA;
• temporary suspension without pay;
• compensation adjustments;
• no-contact orders;
• relevant training; or,
• recommendation to revoke tenure.

Sanctions will not be implemented until appeal, if requested, has been concluded or until the time for the Parties to submit an appeal has elapsed.