TSTC RA Handbook

TEXAS STATE TECHNICAL COLLEGE

STATEWIDE OPERATING STANDARD

No. ES 3.26 Page 1 of 5 Effective Date: 06/09/15
DIVISION:
SUBJECT: Educational Services
AUTHORITY:
Students with Disabilities

Chapter 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act

PROPOSED BY: Original Signed by Elton E. Stuckly, Jr. Date: 06/09/15
TITLE:
Vice Chancellor/Chief Operations
Officer

RECOMMENDED BY: Original Signed by Elton E. Stuckly, Jr. Date: 06/09/15
TITLE:
Vice Chancellor/Chief Operations
Officer

APPROVED BY: Original Signed by Mike Reeser Date: 06/09/15
TITLE: Chancellor

STATUS: Approved by EMC 06/09/15

HISTORICAL STATUS: Proposed 05/2015

POLICY

Compliance

PERTINENT INFORMATION

It is the practice of Texas State Technical College to administer all policies and practices in
accordance with federal and state laws without discrimination against any qualified
prospective or current students with a disability.

DEFINITIONS

(As defined in U.S.C. Section 12102 Americans with Disabilities Act, as amended in the
DOJ.gov)

1. Disability -- The term “disability” means, with respect to an individual

a. a physical or mental impairment that substantially limits one or more major
life activities of such individual;

b. a record of such an impairment; or

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ES 3.26 Students with Disabilities

c. being regarded as having such an impairment.

2. Major Life Activities --

a. In general - Major life activities include, but are not limited to, caring for
oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking,
standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working.

b. Major Bodily Functions- A major life activity also includes the operation of a
major bodily function, including but not limited to, functions of the immune
system, normal cell growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive functions.

3. Regarded As Having Such An Impairment –

a. An individual meets the requirement of ‘being regarded as having such an
impairment’ if the individual establishes that he or she has been subjected to
an action prohibited under this Act because of an actual or perceived physical
or mental impairment whether or not the impairment limits or is perceived to
limit a major life activity.

b. Shall not apply to impairments that are transitory and minor. A transitory impairment
is an impairment with an actual or expected duration of 6 months or less.

In accordance with the Americans with Disabilities Act Amendments Act (ADAAA), Texas
State Technical College (TSTC) will not discriminate against any qualified student with a
disability. TSTC is committed to the full inclusion of all qualified prospective and current
students with disabilities and will ensure equal access to programs (academic or co-curricular),
activities, benefits, or services offered by the college.

A. Students with Disabilities

A qualified student with a disability means a student with a disability who, with or
without reasonable accommodations, can perform the essential functions of the
programs (academic or co-curricular), classes, activities, benefits, or services offered
by the college. Essential functions mean those responsibilities that are critical,
primary, necessary, basic, vital, required, or indispensable.

Qualified students with disabilities have the right to an equal opportunity to participate in and
benefit from all programs offered by TSTC. Students who choose to exercise the right:

1. Have a right to reasonable accommodations.

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ES 3.26 Students with Disabilities

2. Are responsible for initiating the accommodation process by identifying
themselves as needing reasonable modifications to the environment, policy and
practice, and/or auxiliary aids and services in a timely fashion.

3. Are responsible for providing appropriate documentation that describes a history
of past accommodations in a similar context and/or the impact of their disability
in the college environment in sufficient detail to provide a rationale for the
requested accommodation.

4. Are expected to actively participate in the identification of appropriate
accommodations.

5. Have the same obligation as all program participants to meet and maintain the
institution's performance standards, technical standards, and codes of conduct.

6. Have a right to be evaluated based on their ability, not their disability.

7. Have the right to be informed of procedures for initiating further appeal of an
institutional decision through internal and external channels.

B. TSTC’s Responsibilities:

TSTC:

1. Will inform its program participants about the availability of effective auxiliary
aids, services, and accommodations that will be provided in an accessible format,
in a timely manner, and in such a way as to protect the privacy and independence
of the individual with a disability.

2. Will afford primary consideration to the accommodation request by providing an
individualized assessment and determination that may consist of requesting and
reviewing documentation in support of the accommodation request.

3. May select between equally effective methods of accommodating an individual
with a disability.

4. Will identify and establish the abilities, skills, and knowledge necessary for
entrance and ongoing participation in its programs and to evaluate applicants and
participants on that basis.

5. Will make reasonable modifications to the environment, policy and practice,
and/or to provide auxiliary aids and services when there is a substantial negative
interaction between the impact of an individual’s disability and program
participation.

6. May refuse a request that is unsupported by documentation.

7. May refuse a requested accommodation that fundamentally alters an essential
element or fundamental aspect of a program requirement that creates an undue
hardship as determined by the college’s Disabilities Program.

8. Will inform the individual of the availability of internal and external appeals
processes.

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ES 3.26 Students with Disabilities

C. Appeal Process

Primary responsibility for ensuring compliance with the ADAAA rests with the college’s
ADA Coordinator.

The release of and access to all student-related educational records will be in compliance
with the Family Educational Rights and Privacy Act (FERPA).

TSTC students who believe that they have been denied equal access in the form of
appropriate accommodations, modifications, auxiliary aids, effective communication, or
suffered discriminatory harassment as described in Section 504 of the Rehabilitation Act of
1973 or The Americans with Disabilities Act of 1990 have a right to file a grievance. The
TSTC procedure for the filing of student-related grievances alleging violations of the
ADAAA and Section 504 is as follows.

1. The student will submit a written complaint to the Disability Department/Designee as
soon as the complainant becomes aware of the alleged violation, but no later than 10
days after the alleged action occurred. The time for submitting a written complaint
can be waived for good cause as determined by the Disability Department/Designee.
The following should be included in the written complaint: the name and address of
the person filing it, a brief description of the alleged violation, and any documents
supporting the complaint. The Disability Department/Designee will assist the student
in the interactive process in an effort to clarify and resolve the issue. At times, the
Disability Department/Designee may consult with the ADA Coordinator, staff, and/or
other pertinent parties to assist in the resolution process.

2. The Disability Department/Designee will review the complaint and provide the
student a response within 10 working days of receipt of the complaint. An extension
of time can be made, not to exceed 15 working days, if the student is notified by the
Disability Department/Designee.

3. If the student is not satisfied with the decision of the Disability Department/Designee,
a written complaint may be submitted to the ADA Coordinator within 10 working
days of the decision provided in step 1. The time for submitting a written complaint
can be waived for good cause as determined by the TSTC ADA Coordinator. The
complaint must include the name and address of the person filing it and a description
of the reason for the complaint. Upon receiving the complaint, the TSTC ADA
Coordinator will review it within 10 working days. An extension of time can be
made, not to exceed 15 working days, if the student is notified by the TSTC ADA
Coordinator. At times, the ADA Coordinator will consult with the Disabilities
Program and/or the ADA Compliance Committee to assist in the resolution process.

The ADA Coordinator’s decision will be final at the college level.

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ES 3.26 Students with Disabilities

*Accommodations can be requested at any time during this process by contacting the
Disabilities Program.

PERFORMANCE STANDARDS

1. The Disabilities Program will maintain student records of activities related to
compliance with the ADAAA and FERPA.

2. The ADA Coordinator will maintain records of activities related to compliance with
the ADAAA and FERPA.

If a complaint is not resolved at the college level, the student may choose to file a
complaint with the Federal Office of Civil Rights. The Office of Civil Rights will receive
complaints and investigate as deemed appropriate.

TEXAS STATE TECHNICAL COLLEGE

STATEWIDE OPERATING STANDARD

No.HR.2.5.2 Page 1 of 4 Effective Date: 08/31/15
DIVISION:
SUBJECT: Human Resources
AUTHORITY:
Americans with Disability Act

Minute Order #38-05

PROPOSED BY: Original Signed by Gail Lawrence Date: 08/31/15
TITLE:
Vice Chancellor & Chief Culture
Officer

RECOMMENDED BY: Original Signed by Gail Lawrence Date: 08/31/15
TITLE:
Vice Chancellor & Chief Culture
Officer

APPROVED BY: Original Signed by Mike Reeser Date: 08/31/15
TITLE: Chancellor

STATUS: Approved by the Chancellor 08/31/15

HISTORICAL STATUS: Revised 06/10/15

Revised 08/17/05
Approved by BOR 04/29/05 MO#38-05

Approved by MC 03/11/05
Proposed 03/2005

POLICY

It is the policy of Texas State Technical College to administer all policies and practices in

accordance with federal and state laws without discrimination against any qualified individual
with a disability.

PERTINENT INFORMATION

In accordance with Title I, Employment, of the Americans with Disabilities Act (ADA), TSTC
will not discriminate against any qualified individual with a disability because of the disability of
that individual in such matters as job application procedures; hiring, advancement or discharge
practices; compensation; job training; or other terms, conditions and privileges of employment.

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HR.2.5.2 Americans with Disability Act

Definitions:

The ADA defines an individual with a disability as a person who: (1) has a physical or mental
impairment that substantially limits one or more major life activities; (2) has a record of such
impairment; or (3) is regarded as having such an impairment. Definitions of some of these terms
include the following.

A physical impairment is any physiological disorder, condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the body systems.

A mental impairment is any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness and specific learning disabilities.

"Substantially limits one or more major life activities" refers to an impairment that renders an
individual unable to perform a major life activity, or restricts the duration, manner or condition
under which an individual can perform a major life activity, in comparison to an average person
in the general population.

Major life activities include walking, speaking, breathing, performing manual tasks, seeing,
hearing, learning, caring for oneself, working, sitting, standing, lifting or reading.

"Undue hardship" means an action requiring significant difficulty or expense, when considered
in light of the following factors:

1. the nature and cost of the accommodation;

2. the overall financial resources of the facility or facilities involved in the provision of the
reasonable accommodation; the number of persons employed at such facility; the effect
on expenses and resources; or the impact otherwise of such accommodation upon the
operation of the facility;

3. the overall financial resources of the covered entity; the overall size of the business of a
covered entity with respect to the number of its employees; the number, type, and
location of its facilities;

4. the type of operation or operations of the covered entity, including the composition,
structure, and functions of the workforce of such entity; the geographic separateness,
administrative, or fiscal relationship of the facility or facilities in question to the covered
entity;

5. the effect on the safety of the requestor or other individuals.

A qualified individual with a disability means an individual with a disability who, with or
without reasonable accommodations, can perform the essential functions of the employment
position the individual holds or desires. Essential functions mean those responsibilities that are
critical, primary, necessary, basic, vital, required, or indispensable to the job.

Reasonable accommodation may include:

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HR.2.5.2 Americans with Disability Act

1. making existing facilities used by employees readily accessible to and usable by
individuals with disabilities; and

2. job restructuring, part-time or modified work schedules; reassignment to a vacant
position, acquisition or modification of equipment or devices; appropriate adjustment or
modifications of examinations, training materials, or policies; the provision of qualified
readers or interpreters; and other similar accommodations for individuals with
disabilities.

Prohibited discrimination includes:

1. limiting, segregating, or classifying a job applicant or employee in a way that adversely
affects the opportunities or status of the individual because of his/her disability;

2. participating in a contractual or other relationship that subjects a qualified applicant or
employee with a disability to the discrimination prohibited by this policy;

3. utilizing standards, criteria, or methods of administration that discriminate on the basis of
disability or that perpetuate discrimination;

4. denying equal jobs or benefits to a qualified individual because of the known disabilities
of an individual with whom the qualified individual has a relationship or association; or

5. not making requested reasonable accommodations for the documented physical or mental
limitations of a qualified individual with a disability who is an applicant or employee, or
denying opportunities for employment where reasonable accommodations may be needed
and requested.

An accommodation is not required to be made when it would impose an undue hardship.

DELEGATION OF AUTHORITY

The Human Resource Department has the authority and responsibility to implement this
Statewide Operating Standard.

OPERATING REQUIREMENTS

1. Primary responsibility for ensuring compliance with the ADA rests with Human
Resources and the designated executive in Human Resources will have final authority to
determine whether accommodations are reasonable.

2. Human Resources office will coordinate and oversee compliance with the ADA.

3. Medical examinations and inquiries

a. No medical examination may be conducted or required before an offer of
employment has been made. A medical examination may be required after an
offer of employment has been made and prior to commencement of employment

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HR.2.5.2 Americans with Disability Act

duties, if all persons offered the position are required to have the examination. An
offer of employment may be conditioned on the results of such an examination.

b. Inquiries may not be made of a job applicant as to the individual's disability, or
the nature or severity of such disability, except that inquiries may be made into
the ability of an employee to perform job-related functions so long as inquiries are
made of all individuals who are interviewed.

c. Applicants extended an offer of employment and employees who request an
accommodation are responsible for obtaining a medical statement that contains a
diagnosis, prognosis, and the major life function that is substantially limited. This
medical statement should include an evaluation as to the effect that the
impairment has on the employee's ability to perform the duties associated with the
employee's or applicant's position.

d. All medical information will be treated as confidential and will be kept in a
separate file from other personnel records in compliance with the Health
Insurance Portability and Accountability Act of 1996.

4. Reporting of claims of discrimination

a. Claims of discrimination should be reported to Human Resources Department.

5. Retaliation

a. Any employee who, in good faith, reports an alleged incident of discrimination
will under no circumstances be subject to reprisal or retaliation of any kind. Any
employee who feels he or she has been subjected to such adverse actions should
report this to his or her supervisor or the Human Resources Department. Any
employee, however, who is found to have knowingly made a false accusation of
discrimination or retaliation may be subject to appropriate disciplinary action up
to and including termination.

PERFORMANCE STANDARDS

1. The Human Resource Department at TSTC will maintain records of activities related to
compliance with the Americans with Disability Act.

2. These records shall document the activities surrounding each incident relating to the
Americans with Disability Act, regardless if an accommodation was made or not.

3. These records shall be kept in a separate file in compliance with the Health Insurance
Portability and Accountability Act of 1996.

TEXAS STATE TECHNICAL COLLEGE

STATEWIDE OPERATING STANDARD

No. HR 2.4.15 Page 1 of 8 Effective Date: 11/05/15
DIVISION:
SUBJECT: Human Resources

AUTHORITY: Prohibiting Sexual Misconduct and Gender-based
Discrimination

Minute Order #48-15

PROPOSED BY: Original Signed by Hannah Love Date: 11/05/15
TITLE:
Associate Vice Chancellor for Human
Resources

SUBMITTED BY: Original Signed by Ray Rushing Date: 11/05/15
TITLE:
Vice Chancellor & Chief Legal
Officer/General Counsel

APPROVED BY: Mike Reeser Date: 11/05/15
TITLE: Chancellor

STATUS: Approved by BoR 11/05/15 by MO #48-15

HISTORICAL STATUS: Approved by VCs 09/25/15
Proposed 08/2015

POLICY

It is the policy of Texas State Technical College to provide and maintain a workplace and an
educational environment free of, and protected from, sexual misconduct and discrimination based on
gender.

PERTINENT INFORMATION

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in
education programs or activities which receive federal financial assistance. Title IX states, “No
person in the United States shall, on the basis of sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any education program or activity receiving
Federal financial assistance.”

DEFINITIONS

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HR 2.4.15 Prohibiting Sexual Misconduct and Gender-based Discrimination

Complainant
Individual making the complaint of sexual misconduct or gender discrimination.

Consent
Sexual contact cannot be agreed to by anyone who is underage, under the influence of alcohol or
drugs, or who is otherwise mentally impaired or incapable of giving knowledgeable, informed
consent. Consent is only given when verbalized by yes or active, willing participation by both or
all parties involved. Not hearing no or the absence of resistance is not consent. It is important to
understand that consent can be withdrawn at any point, upon which actions must stop.

 
Gender
 Discrimination
 
Discrimination
 based
 on
 sex
 (to
 be
 determined
 by
 Title
 IX
 Coordinator.)
 

 
A. Bullying –repeated and/or aggressive physical or mental behavior that is intimidating,

controlling, etc.
B. Cyber Bullying –repeated and/or aggressive written, graphic, or verbal harassment

expressed through various communication forms (online, electronic, etc.) that is created
or transmitted through any electronic/digital device.
C. Hazing – acts that are likely to cause physical, psychological, or social harm to any
individual related to the admission, initiation, pledging, or any other group affiliated
activity.
D. Stalking- behavior that is repetitive involving calling, texting, emailing, following and/or
communicating with an unwilling individual and which interferes with the peace of the
student and/or the student’s community. It is behavior that is directed toward a specific
individual or individuals that would cause a reasonable person fear for his/her own, for
other’s safety, and/or also causes one to experience substantial emotional distress.
E. Discrimination
 based
 on
 pregnancy,
 childbirth,
 false
 pregnancy,
 termination
 of
 
pregnancy,
 or
 recovery
 from
 any
 of
 these
 conditions.
 The
 Title
 IX
 regulation
 also
 
prohibits
 a
 school
 from
 applying
 any
 rule
 related
 to
 a
 student’s
 parental,
 family,
 or
 
marital
 status
 that
 treats
 students
 differently
 based
 on
 their
 sex.
 
 

Incapacitation
Lacking the ability or capacity to reasonably understand the situation one is in due to lack of
sleep, disability, involuntary physical constraint, or due to alcohol or other drugs.

Preponderance of the Evidence
The majority of the evidence which would cause a reasonable person to make a conclusion.

Respondent
Individual against whom the complaint of sexual misconduct or gender discrimination is made.

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HR 2.4.15 Prohibiting Sexual Misconduct and Gender-based Discrimination

Retaliation

An adverse action taken to try to keep someone from opposing a discriminatory practice. The act
could be intimidation, force, or threats communicated in any form-verbal, electronic, etc.

Sexual
 Misconduct:
 
A. Sexual
 Harassment
 –
 includes
 unwelcomed
 gender-­‐based
 verbal
 or
 physical
 conduct
 
that
 is
 sufficiently
 severe,
 persistent,
 and
 pervasive.
 It
 has
 the
 effect
 of
 unreasonably
 
interfering
 with,
 and/or
 denying
 or
 limiting
 someone’s
 ability
 to
 participate
 in
 or
 
benefit
 from
 the
 college’s
 educational
 programs
 and/or
 activities
 (hostile
 
environment).
 It
 is
 based
 on
 power
 differentials
 (quid
 pro
 quo
 -­‐
 “this
 for
 that”)
 and
 
can
 be
 the
 creation
 of
 a
 hostile
 environment
 and/or
 that
 of
 retaliation.
 
 

 
B. Nonconsensual
 Sexual
 Contact
 (Or
 Attempts)
 –
 Intentional
 sexual
 touching,
 however
 
slight,
 with
 an
 object
 and/or
 body
 part(s)
 by
 an
 individual
 towards
 another
 
individual
 that
 is
 without
 consent
 or
 done
 so
 forcefully.
 
 


 

 

C. Nonconsensual
 Intercourse
 (Or
 Attempts)
 –
 Any
 form
 of
 sexual
 intercourse
 (vaginal,
 
oral,
 or
 anal)
 regardless
 of
 how
 slight
 the
 penetration
 without
 consent.
 Also
 referred
 
to
 as
 a
 sexual
 assault/rape.
 
 

 

D. Sexual
 Exploitation
 –
 Obtaining
 a
 personal
 gain
 for
 one’s
 self
 or
 for
 another
 by
 
taking
 advantage
 of
 an
 individual
 in
 a
 sexual
 nature.
 Examples include but are not
limited to: invasion of sexual privacy, prostituting another person, non-consensual video
or audio taping of sexual activity, going beyond the boundaries of consent, engaging in
voyeurism, knowingly transmitting a STD or HIV to another person, exposing one’s
genitals in non-consensual circumstances or inducing another to expose their genitals,
and sexually-based stalking and/or bullying.
 
 

 

E. Acquaintance
 Rape-­‐Nonconsensual
 sexual
 intercourse
 (rape/sexual
 assault)
 by
 
someone
 known
 to
 the
 complainant.
 
 

 

G.
 
 
 Sexual
 Violence
 –
 Act
 penetrated
 against
 someone’s
 will.
 Includes
 same
 sex
 
 
 
violence/incidents.


 
H. Sexual Abuse - sexual interaction between an adult and a minor, including sexual

intercourse, touching, or contact.


 
COMPLAINTS
 INVOLVING
 SEXUAL
 ASSAULT
 

 
TSTC
 recommends
 that
 victims
 of
 sexual
 assault
 report
 the
 offense
 immediately
 to
 the
 
TSTC
 Police
 Department/Security/Local
 Agency.
 
 Evidence
 of
 the
 assault
 should
 be
 
preserved
 whenever
 possible.
 The
 victim
 should
 not
 bathe
 or
 shower
 and
 should
 not
 throw
 

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HR 2.4.15 Prohibiting Sexual Misconduct and Gender-based Discrimination

away
 or
 wash
 the
 clothes
 worn
 at
 the
 time
 of
 the
 assault.
 
 The
 victim
 will
 at
 all
 times
 be
 
offered
 campus
 assistance
 in
 the
 reporting
 process
 and
 will,
 to
 the
 extent
 permitted
 by
 law,
 
be
 offered
 anonymity
 if
 requested.
 Please
 see
 the
 section
 on
 “confidentiality”
 below
 to
 
ensure
 complete
 anonymity.

PROCEDURE FOR COMPLAINTS BY EMPLOYEES AND VISITORS

A. An employee or visitor who believes he/she has been subjected to any form of sexual
misconduct or gender discrimination shall report to and consult with the designated Employee
Title IX Coordinator.

B. Any employee who has received a report or complaint from an employee or visitor relating
to sexual misconduct or gender discrimination shall immediately notify the designated
Employee Title IX Coordinator.

C. The designated Employee Title IX Coordinator shall, without delay, initiate an investigation
consisting of meeting with all of the parties and witnesses involved. The meetings shall be
private and confidential. The investigator may discuss the complaint or incidence with the
appropriate administrators. Interim measures may be deemed necessary by the Title IX
Coordinator or appropriate administrator for a complete investigation which could include
interim separation from the college or no contact orders until a finding is completed.

D. The investigator will evaluate the findings of the investigation and shall look at the entire
incident or circumstances in totality. The investigator shall consider such things as the
nature of the sexual advances or conduct and the context in which the alleged incident(s)
occur and determine if a violation or discrimination has occurred.

E. The investigator shall make a written report with findings and shall discuss those findings
with the appropriate Administrator. The investigator operates on the basis of “Preponderance
of the Evidence.”

F. The report shall not contain any recommendations of punishment. The report may contain a
finding of no sexual misconduct or gender discrimination. In the event that there were not
witnesses and the complainant and accused disagree on the facts of the event, the finding
may reflect that a determination could not be made.

G. The appropriate Administrator shall take proper action. When deciding what action is proper
for this case, he/she may consider the findings of the investigator, information obtained from
his/her own investigation or other pertinent information relating to the employee. Any
disciplinary action shall be conducted according to the current TSTC disciplinary policy and
procedure. The Administrator may consult and discuss the case with the complainant, the
respondent, and Human Resources.

H. The investigation report with findings and the decision of the appropriate Administrator shall
be forwarded to the designated Employee Title IX Coordinator. Any disciplinary action

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HR 2.4.15 Prohibiting Sexual Misconduct and Gender-based Discrimination

taken shall become part of the employee’s personnel record. The report will include written
notice to the parties of the outcome of the complaint and assurance that the college will take
steps to prevent the recurrence of any discrimination or misconduct and to correct its effects
on the complainant and others, if appropriate.

I. The designated Employee Title IX Coordinator shall continue to monitor the circumstances
surrounding the complaint to insure the conduct is remedied. In the event that the behavior
has not been corrected, additional disciplinary action, up to and including termination, will
be taken.

PROCEDURES FOR COMPLAINTS MADE BY STUDENTS

A. Students who believe they have been subjected to sexual misconduct or gender
discrimination shall report to and consult with the designated Student Title IX Coordinator.

B. Any employee, this includes Resident/Community Assistant’s, who has received a report or
complaint from a student relating to sexual misconduct or gender discrimination shall
immediately notify and refer that student to the designated Student Title IX Coordinator.

C. The complaint may be oral or in writing (utilizing TSTC Grievance/Complaint Form TSTC
O-HR-013). After receiving the complaint, the designated Student Title IX Coordinator will
initiate an investigation. The investigator will initiate a thorough, prompt, and equitable
investigation.
 Immediate interim actions may take place before the investigation is complete
if determined necessary. This may include an interim suspension, no contact orders, or
removal/change from campus housing. When issued, the involved parties will be expected to
adhere to the terms of the interim actions. Violations of interim measures will not be
tolerated and will be addressed immediately. Students who violate such measures will be
subjected to further disciplinary action up to and including suspension and expulsion.

D. The Investigator will follow the procedures outlined in the Code of Student Conduct which
can be found on-line under “Disciplinary Procedures.” The only exception will be the formal
review process for both parties which will follow the steps outlined below under “Formal
Review Process.” If the respondent is found responsible of the accusations, then the proper
sanctions will be imposed or mediation when it is acceptable to both parties. In incidents of
sexual violence, mediation is never acceptable. If the complainant is found to have made a
false accusation then disciplinary sanctions may be imposed.

E. If the complaint involves actions of an employee at TSTC, the Investigator shall immediately
notify the designated Employee Title IX Coordinator who will initiate the employee
investigation in accordance with the steps outlined above in “Procedure for Complaints by
Employees and Visitors.”

D. In all cases, a prompt, fair, and impartial investigation and resolution will be afforded.

F. The investigator will report to the Title IX Coordinator for reporting purposes: dates, type of
alleged misconduct, result of investigation, actions taken, if there was a Formal Review, the

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HR 2.4.15 Prohibiting Sexual Misconduct and Gender-based Discrimination

results, and any other pertinent information. The complete investigation documentation will
be kept in the proper students disciplinary records for the duration of the records retention
length.

FORMAL REVIEW PROCESS

A request for a formal review can be submitted in writing to the proper Title IX Coordinator by
either the respondent or complainant within three (3) business days of receipt of the notice of the
outcome. The proper Title IX Coordinator will arrange a review panel of three (3) TSTC employees
who are appointed to serve as the sounding board in this review. The College will convene this
Review Board in a timely manner, usually within five (5) business days, but in certain situations it
may take longer. Both parties will be notified in advance of the date, time, and location of the
Review and the panelists. They will be afforded an opportunity to object to any Review
Member of the panel. This assures that the Title IX requirement to afford both parties a fair,
impartial, and objective review is comprised of unbiased decision makers.

Continued communication with both parties will continue during this process. Within two business
days prior to the date of the Review, a list of witnesses and all documentation must be submitted to
the proper Title IX Coordinator by both parties. The objective of the Review Panel is to assess
the findings and sanctions imposed. They may not impose more severe penalties. Because these
proceedings are not designed to be a legal or judicial hearing, the Review Panel operates on
the basis of “Preponderance of the Evidence”. The decision will be made by majority vote. If a
student or employee brings an attorney for the review, they must provide sufficient notice (at
least two (2) days) for TSTC to have their own attorney present as well. The attorney will only
serve in an advisory role not be permitted to ask questions, present evidence or argument before the
Review Board. The presence of an attorney may cause a delay in process. If an attorney refuses to
follow these requirements, the Review Board may remove him or her. All reviews will be
closed.

RETAILIATION

Any form of retaliation by either party will not be condoned by the College and the College will
take immediate action to rectify the situation and additional disciplinary action may occur,
including separation from the college. Retaliation includes but is not limited to: intimidation,
discrimination, coercion, or threats to either party.

CONFIDENTIALITY

Privacy of individuals and confidentiality of information given will be maintained to the extent
required and/or permitted by law throughout all phases of these procedures. TSTC strongly
supports a complainant’s interest in confidentiality in cases involving sexual misconduct. The
College will try to honor this request except when the safety of the campus community is at risk
or if it may create a discriminatory environment for others. All employees, including
Resident/Community Assistant’s (RA/CA’s), are considered responsible employees and have the

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HR 2.4.15 Prohibiting Sexual Misconduct and Gender-based Discrimination

duty to report sexual misconduct to the proper Title IX Coordinator and must report the name of
the person disclosing the sexual misconduct, the alleged perpetrator, and all known relevant facts
regarding the incident, including date, time, and location. Exempt employees include Counselors
and Nurses/EMT acting in their responsible job duties, such as in counseling and medical
consultations respectively. Counselors and Nurses/EMT DO NOT have to report to the Title IX
Coordinator and can remain totally confidential. In cases involving minors, state mandatory laws
may require disclosure. Steps to ensure the complainant’s protection will be taken.

COMPLAINANT’S RIGHTS

A. The right to a prompt and equitable resolution of sex discrimination complaints.
B. The right to present his/her case or have the College present it. This includes the right to

adequate, reliable, and impartial investigation of complaints, the right to have an equal
opportunity to present witnesses and other evidence, and the right to the same review
processes, for both parties.
C. The right to be notified of the time frame within which: (a) the college will conduct a full
investigation of the complaint; (b) the parties will be notified of the outcome of the
investigation of the complaint; and (c) the parties may file a review, if applicable.
D. The right to be informed of and have access to campus resources for medical, counseling,
and advisory services.
E. The right for the complaint to be decided using a preponderance of the evidence standard
(i.e., it is more likely than not that sexual harassment or violence occurred).
F. The right to be notified, in writing, of the outcome of the complaint.
G. Right to not have irrelevant past sexual history admitted in a hearing.

RESPONDENT’S RIGHTS
A. The right to a prompt and equitable resolution of all credible complaints of sexual

misconduct made in good faith to college officials against the accused.
B. The right to present his or her case. This includes the right to adequate, reliable, and

impartial investigation of complaints, the right to have an equal opportunity to present
witnesses and other evidence, and the right to the same review processes, for both parties.
C. The right to be notified of the time frame within which: (a) the college will conduct a full
investigation of the complaint; (b) the parties will be notified of the outcome of the
complaint; and (c) the parties may file a review, if applicable.
D. The right to be fully informed of the nature, rules and procedures of the campus conduct
process and to timely written notice of all alleged violations within the complaint.
E. The right to be informed of and have access to campus resources for medical, counseling,
and advisory services.

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HR 2.4.15 Prohibiting Sexual Misconduct and Gender-based Discrimination

F. Right to not have irrelevant past sexual history admitted in a hearing. (Unless previous

known behavior is similar to the alleged in the current investigation and there is evidence

of a pattern of behavior.)

EDUCATION

A. The Human Resources Office shall take steps, at least annually, to acquaint all employees
with TSTC’s policy on sexual misconduct and gender discrimination.

B. All TSTC practices and procedures will be posted on the TSTC website.
C. Within 30 days of being hired, all new employees shall be given information about the

current policy and procedure on prevention and reporting sexual misconduct/gender
discrimination and shall sign a letter acknowledging receipt of the practice and agreeing, as a
condition to employment, to abide by the terms of the practice. For employees the signed
acknowledgement statement will be placed in the employee’s personnel file in the Human
Resources Office.
D. At a minimum, all employees will receive training on preventing and reporting sexual
misconduct and gender discrimination every two years. Record of their participation will be
maintained.
E. The Student Development Division shall provide continuous/ongoing training to acquaint all
students with TSTC practices on sexual misconduct and prevention programs.
F. Current summaries of the practice and procedure prohibiting sexual misconduct and gender
discrimination shall be included in the Student Handbook e- catalog which can be found on-
line.

TEXAS STATE TECHNICAL COLLEGE

STATEWIDE OPERATING STANDARD

No. ES.3.10 Page 1 of 7 Effective Date: 06/09/15
DIVISION:
SUBJECT: Educational Services

AUTHORITY: Student Right-to-Know, Campus Security Act, and Annual
Fire Safety Report

Student Right-to-Know and Campus Security Act (Public
Law 101-542), Higher Education Technical Amendments of
1991 (Public Law 102-26), and Higher Education
Amendments of 1992 (Public Law 102-325)

PROPOSED BY: Original Signed by Elton E. Stuckly, Jr. Date: 06/09/15
TITLE:
Vice Chancellor/Chief Operations
Officer

RECOMMENDED BY: Original Signed by Elton E. Stuckly, Jr. Date: 06/09/15
TITLE:
Vice Chancellor/Chief Operations
Officer

APPROVED BY: Original Signed by Mike Reeser Date: 06/09/15
TITLE: Chancellor

STATUS: Approved by EMC on 06/09/15

HISTORICAL STATUS: Revised 04/2015

Minute Order #100-93 Rescinded by MO #83-04, 10/22/04
Approved by MC 09/10/04

Revised 08/2004
Reviewed 10/12/94

Revised 09/29/93
Approved 09/25/93

Approved #147-92 11/20/92
MC Approved 11/18/92

POLICY

Compliance

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ES 3.10 Student Right-to-Know, Campus Security Act and Annual Fire Safety Report

PERTINENT INFORMATION

The Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal law that
requires colleges and universities to disclose certain timely and annual information about campus crime and
security policies. All public and private post-secondary educational institutions participating in federal
student aid programs are required to comply with this mandate. The law originally enacted in Congress in
1990 as the Crime Awareness and Campus Security Act (public Law 101-542) was amended in 1992, 1998
and 2000. The 1998 amendments renamed the law Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act in memory of Jeanne Clery, a student who was slain in her dorm room in 1986.
The Clery Act requires colleges and universities to publish an annual report every year by October 1st that
contains 3 years of crime statistics and certain policy statements including sexual assault polices which
assure basic victim’s rights, the law enforcement authority of campus police, and where students should go
to report crimes. In accordance to the Federal Mandates of the Clery Act, the Texas State Technical College
Police Department prepares and makes this report available as required.

Institutions of higher education must prepare, publish, and distribute to all employees and
students by October 1st of each year, an Annual Security Report containing:

1. the occurrence on campus of the following criminal offenses during the most recent
calendar year and the two preceding calendar years:
A. murder, non-negligent manslaughter, and negligent manslaughter;
B. rape/forcible & non-forcible sex offenses/sexual assault*
C. robbery;
D. aggravated assault; E.
burglary;
F. motor vehicle theft, and
G. arson.

2. in the annual security report due October 1st each year, the institution must include
statistics on the following offenses that occurred during the 2013 calendar year and
each year thereafter FOR the most recent calendar year and the two preceding calendar
years beginning with 2013:
A. domestic violence;
B. dating violence, and
C. stalking.

3. the number of arrests or disciplinary referrals if no arrest is made, for the
following crimes occurring on campus:
A. liquor law violations;
B. drug abuse violations; and
C. weapons possessions.

4. the number of “hate crimes” reported to local police agencies or to a campus security
authority, by category of prejudice, for the following offenses:
A. murder, non-negligent manslaughter, and negligent manslaughter;
B. rape/forcible & non-forcible sex offenses/sexual assault
C. robbery;

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ES 3.10 Student Right-to-Know, Campus Security Act and Annual Fire Safety Report

D. aggravate assault;
E. burglary;
F. motor vehicle theft;
G. arson;
H. larceny-theft;
I. simple assault;
J. intimidation;
K. destruction/vandalism of property; and
L. any other crime involving bodily injury.

Also, the Act requires that the following statements are to be prepared and distributed by
institutions of higher education and included in the Annual Security Report:

1. a statement of current Statewide Operating Standards regarding procedures for students
and others to report criminal activities and college operating procedures for doing so;

2. a statement of current policies for making timely warning reports to members of the
campus regarding the occurrence of crimes listed in this standard;

3. a statement of policies for preparing the annual disclosure of crime statistics, a list of the
titles of persons to whom criminal offenses should be reported, and the procedure to
report crimes on a voluntary, confidential basis.

4. a statement of current Statewide Operating Standards concerning security and access to
college facilities, including residences;

5. a statement of current Statewide Operating Standards concerning college law
enforcement or security personnel, including their jurisdiction, enforcement and arrest
authority, and their relationship with other law enforcement agencies; and System
Operating Standards which encourage accurate and prompt reporting of all crimes to
college police or the appropriate police agency;

6. a description of the type and frequency of programs designed to inform students and
employees about college security procedures and to encourage students to be responsible
for their own security and the security of others;

7. a description of the program's design to inform students and employees about the
prevention of crime;

8. a statement concerning the monitoring or recording through local police agencies of
criminal activity at off-campus student organizations which are recognized by the
institution;

9. a statement of Statewide Operating Standards regarding the possession, use, and sale of
alcoholic beverages and illegal drugs, and the enforcement of related State and Federal
laws;

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ES 3.10 Student Right-to-Know, Campus Security Act and Annual Fire Safety Report

10. a description of available drug or alcohol-abuse education programs.

11. a statement of policy regarding programs to prevent dating violence, domestic violence,
stalking, and sex assault and of educational programs provided by the college to promote
awareness of those offenses;

12. a statement of procedures students should follow if a sex offense occurs, including who
should be contacted, the importance of preserving evidence as may be necessary to the
proof of criminal sexual assault, and to whom the alleged offense should be reported;

13. a statement of the student's option to notify proper law enforcement authorities,
including on-campus and local police, and the option to be assisted by college
authorities in notifying these authorities if the student chooses to do so, or decline to
notify any such authorities;

14. a statement describing existing college and community counseling, mental health, or
other services available for victims of sexual assault;

15. a statement describing options for, and available assistance in, changing academic and
living arrangements precipitated by the offense if requested by the victim and if these
changes are reasonably available;

16. a statement of procedures for on-campus disciplinary action in cases of alleged dating
violence, domestic violence, stalking, and sex assault that will include a clear statement
that: (a) the accuser and the accused are entitled to the same opportunities to have others
present during a college disciplinary proceeding; and (b) both the accuser and the
accused will be informed of the outcome of any college disciplinary proceedings
reporting alleging sexual assault;

17. a statement that, when a student or employee reports to the college that they have been a
victim of dating violence, domestic violence, stalking, or sex assault, whether it occurred
on or off-campus, the institution will provide them with a written explanation of their
rights and options as prescribed by law.

18. a statement of possible sanctions for rape, acquaintance rape, or other sex offenses (forcible
or non-forcible) following an on-campus disciplinary procedure;

19. a statement advising the campus community where law enforcement agency information
provided by the State concerning registered sex offenders may be obtained;

20. a statement regarding emergency response and evacuation procedures;

21. a statement regarding missing student notification procedures; and

22. any additional information necessary to comply with the Clery Act.

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ES 3.10 Student Right-to-Know, Campus Security Act and Annual Fire Safety Report

The Higher Education Opportunity Act of 2008 requires all institutions of higher education that
provide residential housing facilities for students to prepare, publish, and distribute to all
employees and students by October 1st of each year, an Annual Fire Safety Report containing:

1. a description of each on-campus student housing facility fire system;

2. the number of fire drills held during the previous calendar year;

3. a statement of policies or rules on portable electrical appliance, smoking, and open flames in
student housing facilities;

4. a statement of procedures for student housing evacuation in the case of a fire;

5. a statement of policies regarding fire safety education and training programs provided to
students and employees and procedures they should follow in case of fire;

6. a description of any plans for future improvements in fire safety;

7. a statement of policies for preparing the annual disclosure of fire statistics, a list of the titles
of persons to whom criminal offenses should be reported, and the procedure to report that a
fire has occurred;

8. statistics for reported fires in on-campus student housing facilities, identified by facility
name and address, including:
A. the number of fires and the cause of each fire;
B. the number of persons who received fire-related injuries that resulted in treatment at
a medical facility;
C. the number of deaths related to a fire;
D. the value of property damage caused by a fire; and

9. any additional information necessary to comply with the Clery Act.

DELEGATION OF AUTHORITY

The Vice Chancellor/Chief Operations Officer or designee has the authority and
responsibility to implement this policy and Statewide Operating Standard and to store such
documents within a records center for permanent retention in a current status.

The Chancellor has the authority and responsibility to assure the procedures adhere to this
policy and Statewide Operating Standard.

OPERATING REQUIREMENTS

1. By October 1st of each year, an Annual Security Report will be prepared and published by

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ES 3.10 Student Right-to-Know, Campus Security Act and Annual Fire Safety Report

the college and distributed to all employees and students at its locations, with a copy sent
to the Vice Chancellor/Chief Operations Officer. This report shall contain the elements
specified by the Student Right-to- Know and Campus Security Act (Public Law 101-542)
as amended by the Higher Education Technical Amendments of 1991 (Public Law 102-
26) and the Higher Education Amendments of 1992 (Public Law 102-325), amended
Public Law 101-542, and the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4). (See Pertinent Information, above.)

2. TSTC will develop procedures to comply with all mandated activities of the Student
Right-to-Know and Campus Security Act of 1990, as amended, and this Statewide
Operating Standard. These procedures and related processes will provide for the safety
and security of TSTC students, employees, and visitors. They will include the
components outlined below.

3. Anyone observing a crime committed on any campus or at any college function will be
encouraged to report such crime to the proper authorities as prescribed by college
procedures.

4. Traffic and suspicious activities on TSTC campuses will be monitored by college police
to ensure the safety and security of students, staff, faculty, and visitors.

5. College police must be commissioned peace officers and have the same
responsibilities as city, county, and state police and have the duty and authority to
enforce college rules and regulations as well as city, state, and federal laws.

6. College police procedures will be defined and communicated clearly to students and
employees, and include encouragement to be responsible for their own security.

7. College crime prevention programs and procedures will be defined and
communicated clearly to all students and employees.

8. Criminal activity occurring at off-campus college functions will be monitored and
recorded through communications with local police agencies.

9. Any person who is the victim of a sex offense that occurs on campus or at an official off-
campus college function should immediately report the offense to the local TSTC Police
Department or to the College’s Title IX Coordinator and also to local law enforcement
officials. If contacted first, the college police or designee will assist the victim, if desired.
Sex offense victims are encouraged to seek immediate medical attention and to preserve
any physical evidence of such crime.

10. College student disciplinary procedures will be communicated to all students during
orientation sessions and in writing in the college catalog & student handbook. Such
procedures shall specify that a college disciplinary proceeding will be held when, in the
opinion of the TSTC General Counsel, evidence of a sex offense is sufficient to warrant a
hearing; that both the accuser and the person(s) accused of a sex offense are entitled to
attend and have others present during a college disciplinary proceeding; and that both the
accused and the accuser shall be informed in writing of the outcome of any college

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ES 3.10 Student Right-to-Know, Campus Security Act and Annual Fire Safety Report

disciplinary proceedings regarding an alleged sex offense. The availability of college and
community counseling, mental health or other student services for victims of sexual
assault will be communicated to students in a similar manner.

11. Disciplinary action for a sex offense may be imposed on a student upon a finding by the
college disciplinary committee that a student committed an act of sexual assault or
aggravated sexual assault, as defined by 22.011 and 22.021 of the Texas Penal Code,
including non-forcible sex offenses. The conclusion of the college disciplinary committee
shall be based on "preponderance of the evidence," rather than "proof beyond a reasonable
doubt," and need not coincide with legal actions taken by a court of law.

12. Any student who, after a full investigation by the Title IX Investigator, has committed a
sex offense on campus or at an official off-campus college function may be expelled
from the College.

13. College resident students who report that they are victims of sexual assault on campus
may, at their discretion, request of the College’s Title IX Coordinator that their on-
campus residence assignments be changed. Based on the availability of housing units,
the College will make reasonable efforts to accommodate such requests in accordance
with established housing procedures. Additionally, students who report that they are the
victims of sexual assault may make request(s) for changes in academic class schedules
to the College’s Title IX Coordinator. These requests will be accommodated providing
the appropriate class sections are available.

14. Campus designees will notify the college community of reported campus crimes that, in
the designee’s opinion, constitute a threat to other students and employees. Such
notification will be broad and timely to reduce potential risks on campus.

15. Each college will develop and deliver to students, as a portion of orientation programs
and/or by other means, an educational program to promote awareness of rape,
acquaintance rape, and other sex offenses.

PERFORMANCE STANDARDS

1. Appropriate college operating procedures are in place and enforced.

2. The Annual Security Report is published and distributed to its students and
employees each year by October 1st, and filed with the Vice Chancellor/Chief
Operations Officer or designee.

3. Related information, policies, and procedures are published periodically in
the Catalog & Student Handbook and other appropriate and published
documents using the latest available data.