Trinity Valley Community College

   
Trinity Valley Community College Police

Stewart Newby

Director of Campus Police and Public Safety

Student Union Building - 1st Floor
100 Cardinal Dr.
Athens, TX 75751


Phone: (903) 675-6235
Fax:  (903) 675-6296

Palestine: (903) 221-4717
Terrell:  (469) 652-9763
Kaufman: (972) 932-3094

 





 

SEXUAL ASSAULT PROTOCOL
TVCC CAMPUS SEXUAL ASSAULT POLICY AND PROCEDURE
 
In accordance with Texas HB 699, it is the policy of Trinity Valley Community College (“TVCC”) to provide an educational and working environment for its students, faculty, and staff that is free from sex and gender discrimination, sexual harassment, sexual assault, sexual misconduct, interpersonal violence (including domestic violence and dating violence), and stalking. In accordance with federal and state law, TVCC prohibits discrimination on the basis of sex and gender and prohibits sexual harassment, sexual assault, sexual misconduct, interpersonal violence, and stalking.
 
TVCC will not tolerate sex and/or gender discrimination (including discrimination on the basis of gender orientation, gender identity or gender expression), sexual harassment, sexual misconduct or physical abuse, threats of violence, physical assault, or any form of sexual violence, including but not limited to sexual assault, acquaintance rape, domestic violence, dating violence, or stalking (referred to as “prohibited behavior”). Individuals who alone, or in concert with others, participate or attempt to participate in prohibited behavior described in this policy are subject to disciplinary action by TVCC, notwithstanding any action that may or may not be taken by civil or criminal authorities. Students who engage in such prohibited conduct will be subject to disciplinary action as provided in the current TVCC Catalog (Student Code of Conduct). Employees who engage in such prohibited conduct will be subject to disciplinary action as provided by TVCC Board Policy.
 
PROHIBITED BEHAVIOR
 
SEXUAL ASSAULT includes any sexual conduct that takes place without the victim's consent. Sexual conduct will be deemed to be without the victim's consent when:
 
• the victim has instructed the perpetrator not to engage in the conduct;
• the victim is forced to submit to the act;
• the victim is reasonably in fear that the victim or another person will be harmed if the victim does not submit to the act;
• the victim is unable to give consent or permission or is unable to resist because of intoxication with drugs or alcohol; and/or
• the victim is unable to give consent or permission or is unable to resist because of any mental or physical ability.
 
SEXUAL HARASSMENT is defined
 
• as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or academic standing;
• submission or rejection of such conduct by an individual is used as a basis for an employment or academic decision affecting such individual; and/or
• such conduct that unreasonably interferes with an individual’s work or academic performance or creates an intimidating or hostile work or academic environment including, but not limited to, stalking, conduct based on sex and gender discrimination, and gender orientation, gender identity or gender expression.
 
SEXUAL MISCONDUCT is defined as intentional touching of the victim’s intimate parts (the primary genital area, groin, inner thigh, buttock or breast) without or against the victim’s consent. Sexual misconduct includes:
 
• touching either the body part directly or on the clothing covering that body part and/or
• forcing the victim to touch an intimate area of another person.
• Sexual conduct will be deemed to be without the victim's consent when
• the victim has instructed the perpetrator not to engage in the conduct;
• the victim is forced to submit to the act;
• the victim is reasonably in fear that the victim or another person will be harmed if the victim does not submit to the act;
• the victim is unable to give consent or permission or is unable to resist because of intoxication with drugs or alcohol; and/or
• the victim is unable to give consent or permission or is unable to resist because of any mental or physical disability.
 
For individuals that would like to pursue criminal charges for an alleged violation mentioned above, or would like to seek an order of protection, the definitions contained in the Texas Penal Code would apply, not the definitions contained in the policy of the Student Code of Conduct or Employee Handbook.
 
SANCTIONS
 
For incidents that violate this policy, sanctions range from warnings through expulsion (http://www.tvcc.edu/Catalogs/files/2015-2016/default.html#86). Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually result in suspension, expulsion or termination of employment. College sanctions are given independently of a criminal investigation.  College personnel will cooperate with local community agencies and/or law enforcement if criminal charges are pursued.
 
COLLEGE PROCEDURE ON REPORTED INCIDENTS


TVCC strongly encourages the prompt reporting of prohibited conduct covered by this policy.  Delays in reporting can greatly limit TVCC’s ability to stop the alleged conduct, collect evidence and/or take effective action against individuals or organizations accused of violating this policy.  A report of alleged violations of this policy may be made by:
·      a person who believes they experienced prohibited conduct (a complainant); and/or
·      a person who has information that prohibited conduct may have been committed (a reporter).
When TVCC receives a report of sexual assault, sexual misconduct, sexual harassment, gender-based violence, or other sex or gender discrimination the campus, the Title IX Coordinator is notified. If the victim wishes to access local community agencies and/or law enforcement for support, TVCC will assist the victim in making these contacts.


Contact the Campus Police at 903-675-6235 located in the Student Union building suite 103, Student Judicial office 903-675-6256 located in the Administration building suite AD127, or the Director of Human Resources 903-675-6215 located in the Administration building suite AD 214 if you need assistance with TVCC-related concerns, such as no-contact orders or other protective measures. The Campus Police, Director of Human Resources, and Counselor will also assist in any needed advocacy for students who wish to obtain protective or restraining orders from local authorities. TVCC is able to offer reasonable academic accommodations, changes to living arrangements, transportation accommodations, escorts, no contact orders, counseling services access and other supports and resources as needed by a victim.

The Title IX Coordinator will offer assistance to victims in the form of interim or long-terms measures such as opportunities for academic accommodations, changes in housing for the victim or the responding student, visa and immigration assistance, changes in working situations and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, transportation assistance, targeted interventions, etc).

If the victim so desires, they will be connected with a counselor on- or off-campus, as well as an on-or off-campus victim’s advocate. No victim is required to take advantage of these services and resources, but TVCC provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports and procedures, in the form of this document, is provided to all victims, whether they are a student, employee, guest or visitor.

When appropriate upon receipt of notice, the Title IX Coordinator will cause a prompt, fair and impartial process to be initiated, commencing with an investigation which may lead to the imposition of sanctions, based upon a preponderance of evidence (what is more likely than not), upon a responding student or other accused individual. Title IX procedures detailing the investigation and resolution processes of TVCC can be found online. (http://pol.tasb.org/Policy/Download/623?filename=FFD(LOCAL).pdf) or for employees (http://pol.tasb.org/Policy/Download/623?filename=DIA(LOCAL).pdf)

The investigation and records of the resolution conducted by the College are maintained confidentially. Information is shared internally between administrators who need to know, but a tight circle is kept. Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed.

Privacy of the records specific to the investigation are maintained in accordance with Texas law and the federal FERPA statute. Any public release of information to comply with the open crime logs or timely warning provisions of the Clery Act will not release the names of victims or information that could easily lead to a victim’s identification. Additionally, TVCC maintains privacy in relation to any accommodations or protective measures afforded to a victim, except to the extent necessary to provide the accommodations and/or protective measures.

In any complaint of sexual assault, sexual misconduct, sexual harassment, stalking, dating violence, domestic violence or other sex or gender-based discrimination covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities for a support person or advisor of their choice throughout the process, including any meeting, conference, hearing or other procedural action. Once complete, the parties will be informed, in writing, of the outcome, including the finding, the sanctions (if any) and the rationale therefor. Delivery of this outcome to the parties will occur without undue delay between notifications. All parties will be informed of the College appeal processes, and their rights to exercise a request for appeal. Should any change in outcome occur prior to finalization, all parties will be timely informed in writing, and will be notified when the results of the resolution process become final.