FAQs

The following are frequently asked questions in regard to Title IX and related policies. If your question was not answered or if you would like to see additional questions added, please contact the Title IX Coordinator at TitleIX@southtexascollege.edu or 956-872-4664.

Student Training FAQs

Title IX General FAQs

  • What is Title IX?

    Title IX is a 1972 federal civil rights law that prohibits discrimination on the basis of sex in schools, colleges and universities that receive federal funds. Other laws, including Title VII (see Policy 4205 ), the Violence Against Women Act (VAWA) and Texas State law also prohibit sex and gender discrimination. Although Title IX covers all forms of sex discrimination, the term “Title IX” is often used to refer to the subset of policies, procedures or programs that specifically address sexual harassment and other forms of sexual misconduct.

    The College strives to maintain a healthy and safe environment where all members of the community, students, faculty and staff feel welcome on College campuses and classrooms. Students, faculty and staff are thus prohibited from conducting themselves in a way that results in any form of sexual harassment, sex-based harassment and/or sexual violence.

  • What to do if you have experienced Sexual Misconduct?

    A person who has experienced an incident of Sexual Misconduct is strongly encouraged to take the following actions immediately:

    • Contact Public Safety or other law enforcement agencies.
    • Seek legal help.
    • Seek medical attention.
    • Seek Counseling.
    • Contact parents, relatives, friends or other members of their support network.
    • Report the incident.

    You do not have to choose a course of action immediately or do all of this at once. However, consider going to a hospital for treatment and preservation of evidence as soon as possible. Also, consider preserving evidence in case you choose to pursue charges. Evidence may include clothing, bedding, photos, emails, texts, etc.

    What to Know

    • You set the pace.
    • You have the right to choose to whom you will speak, what resources you will use, what you say and when you say it.
    • Many resources are available to you both at STC and in the community.
    • It is your choice whether to name the other person(s) or not.
    • Your information will be kept private and only shared with those who “need to know.” STC wants to take care of you and keep you safe, and make sure that others in the community are safe.
    • Sexual misconduct, including sexual harassment, sexual assault, domestic violence, dating violence and stalking is prohibited.
  • How do I preserve evidence of a sexual assault?

    The preservation of evidence in incidents of sexual assault is critical to potential criminal prosecution and to obtaining restraining orders and is particularly time-sensitive. The College will inform the Complainant of the importance of preserving evidence by taking the following actions:

    • Seek forensic medical assistance at the DHR Health Emergency Room, ideally within 120 hours of the incident (sooner is better).
    • Avoid showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
    • Try not to urinate.
    • If oral sexual contact took place, refrain from smoking, eating, drinking or brushing teeth.
    • If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure evidence container.
    • Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.

    During the initial meeting between the Complainant and the Title IX Coordinator, the importance of taking these actions will be reiterated, if timely.

  • Does Title IX apply to students?

    Yes. Title IX protects and holds accountable students, faculty and staff of all genders. In 2020, the Department of Education issued federal regulations requiring that South Texas College implement specific formal grievance procedures for both employees and students. Additionally, Title IX protects you from discrimination if you are pregnant, become pregnant, give birth, experience a pregnancy loss and/or need to recover from any of the aforementioned. Learn more and apply for Pregnant and Parenting Services available at South Texas College.

  • Why Should I Report?
    • To ensure access to all available resources.
    • To identify and address any patterns, trends, or systemic problems.
    • To keep our campus safe.
    • It’s the law.
  • How to Report?
  • What is a Mandatory Reporter?

    A Mandatory Reporter means an employee of the College who is obligated by policy to share knowledge, notice and/or reports of conduct constituting sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence and/or retaliation with the Title IX Coordinator or the Deputy Title IX Coordinator. All employees of the College are mandatory reporters except employees designated as being Confidential.

Title IX Grievance Process FAQs

  • How does a Complainant initiate the process?

    To initiate the formal Grievance Process, you must file a formal complaint. To file a formal complaint, complete the Formal Complaint Form and submit it by email to the Title IX Coordinator at TitleIX@southtexascollege.edu or in person at 3201 W. Pecan Blvd. A101, McAllen, TX 78501, TitleIX@southtexascollege.edu, 956-872-4664.

    A report submitted via the online reporting form is not considered a formal complaint. After a report is submitted, a member of the Title IX Team will reach out to you to explain how to file a formal complaint or will refer your report to the correct process.

  • What happens after a Complainant files a complaint?
    • The Title IX Coordinator will reach out to the Complainant to offer supportive measures.
    • The Title IX Coordinator will ensure that the complaint is filed correctly or refer it to the correct process.
    • The Title IX Coordinator will determine whether emergency removal of the Respondent is necessary.
    • The Title IX Coordinator will notify the Respondent of the complaint, in writing, also copying the Complainant.
    • The Title IX Coordinator will notify each party of their rights, including the right to an Advisor of their choice in the process.
    • The Title IX Coordinator will initiate an investigation, if appropriate.
  • What if I’m not sure about reporting sexual harassment?

    You can file anonymous reports online. If you are unsure about filing a report, you may seek confidential Counseling Services or speak privately with an Ombudsperson about your options. Additionally, South Texas College has a memorandum of understanding (or “MOU”) with Mujeres Unidas to serve students. Please visit the Mujeres Unidas website for more information.

    Pursuant to Texas state law, South Texas College encourages all victims of sexual violence to seek immediate resources for treatment and to preserve evidence at a local hospital. Resource information is available online or contact the Title IX Coordinator if you need help making any of these connections or for assistance with reports to law enforcement.

  • If a Complainant wants to withdraw the complaint, is that possible?

    Yes, the Title IX Team has established procedures for the Complainant to request to withdraw a complaint, in whole or in part. Email TitleIX@southtexascollege.edu or call 956-872-4664 for more information.

  • What if I am the Respondent accused of sexual harassment?

    Both you and the Complainant will be permitted to have an Advisor of your choice to help them navigate the formal grievance process. A trained and impartial investigator will conduct an investigation. Both you and the Complainant will be interviewed as well as any relevant witnesses identified by you, the Complainant, or the investigator. A formal hearing will be conducted by a trained and impartial hearing officer or hearing panel who have not been involved with any other part of the process. All communications between you and your Advisor will remain confidential. Additionally, you may seek confidential Counseling Services or speak privately with an Ombudsperson.

  • If a Respondent receives notice of a complaint and decides to withdraw as a student or resign as an employee, is that permitted?

    Yes, and if that happens, the College will consider whether, in light of the Respondent’s withdrawal/resignation, the College can still assert Title IX jurisdiction over the Respondent. If the College determines that it no longer has Title IX jurisdiction over the Respondent, the complaint will be subject to the mandatory dismissal provisions under the 2020 Title IX Regulations. The College will notify the Complainant and the Respondent in writing that the complaint has been dismissed. Supportive measures will still be available to the Complainant.

  • If I am a party to the complaint (Complainant or Respondent), do I have to participate in the investigation?

    No, you are not required to participate, but the College hopes that the parties and witnesses will be willing to share what they know to ensure the investigation is as thorough and accurate as possible.

  • What is involved in the investigation?

    If you are a party or a witness, the College will contact you to schedule an investigation interview with a neutral, impartial Investigator(s). The parties can prepare for the interview with their Advisor in advance if they wish. There is no need to prepare a written statement in advance. The Investigator(s) will take a statement from each interviewee during the interview. Interviewees don’t have to answer every question asked, but they should try to remember as much as they can and provide complete answers. Interviewees should bring any evidence they have (texts, snaps, screenshots, physical evidence, video, etc.) to the interview. An Advisor may also accompany each party to the interview (witnesses cannot have an Advisor), so they may want to choose an Advisor before being interviewed. Parties who wish to have a trained Advisor appointed by the College, should contact the Title IX Coordinator and an Advisor will be assigned. Parties and witnesses may be interviewed more than once. Interviews may take place in person or may be conducted remotely. Most interviews last approximately one hour, though some can be longer, and some can be shorter.

  • What happens after an interview?

    The Investigator(s) will compile their notes or transcribe the interview recording into a statement for the interviewee to review and verify to ensure accuracy. Each interviewee will receive a message inviting them to do so and will be provided instructions regarding making any edits or changes. After signing the statement and returning it to the Investigator(s), the statement will be included in the investigation report.

  • What happens next?

    Once the Investigator(s) complete a draft of the investigation report, a copy will be provided to each party and their Advisor. Any evidence excluded from the report as not relevant will be provided in a separate file. The parties will have 10 business days to review and comment on the report and evidence file to ensure the report is complete and accurate. The Investigator(s)will explain the process by which your review and comment are solicited and incorporated. The investigator(s) will then issue a final report (and final evidence file), providing copies to the Title IX Coordinator, parties, and . The report will then be referred for a hearing.

  • Do I have to face the other party at a live hearing?

    No. Especially during times of social distancing, but also anytime, parties will always have the option for hearings to be conducted remotely via Zoom or Teams or other similar options. The College will assist parties and their Advisors with any technological needs so that all parties can fully and fairly participate in the hearing.

  • How soon does the hearing occur?

    It depends on schedules, but the hearing typically does not occur for a least 10 business days after the final investigation report is shared with the parties. This provides adequate time to prepare for the hearing and allows for additional review and comment by the parties and their Advisors if they wish to do so. The hearing Decision-maker(s) may facilitate a prehearing opportunity specifically for this purpose, or the parties' review and comments may be submitted at the hearing.

  • Are the parties and witnesses required to attend the hearing?

    No, but if any party or witness does not attend, none of their prior statements to the Investigator(s) will be relied upon by the hearing Decision-maker(s).

  • Are the parties and witnesses required to answer questions at the hearing?

    No, but if any party or witness refuses to submit to cross-examination at the hearing, none of their prior statements to the Investigator(s) or at the hearing will be relied upon by the hearing Decision-maker(s).

  • Can an Advisor assist at the hearing?

    Yes, parties can be assisted by their Advisor throughout the hearing. The Advisor is also expected to conduct any cross-examination of the parties or witnesses at the hearing. If a party does not have an Advisor to do so and wishes to conduct cross-examination at the hearing, they must notify the Title IX Coordinator prior to the hearing, and they will assist them in selecting an Advisor or the Title IX Coordinator can appoint a trained Advisor for the party.

  • How does the hearing work?

    The parties can make opening statements, and the Investigator(s) will also usually do so. The parties, Investigator(s), and witnesses are all questioned by the Decision-maker(s). The Advisors then conduct cross-examination of the parties and witnesses. The parties can then make closing statements.

  • Victim’s Rights Statement pursuant to Texas House Bill HB 1735

    All victims of sexual harassment, sexual assault, dating violence or stalking have the right to report an incident and to a prompt and equitable resolution of reports. Victims of a crime have the right to choose whether to report the crime to law enforcement, to be assisted by the College in reporting the crime, or to decline to report the crime to law enforcement. South Texas College stressed the importance of going to a hospital for treatment and preservation of evidence as soon as practicable after incident of sexual harassment, sexual assault, dating violence or stalking, if applicable. For more information on the procedure for resolution of complaints of sexual misconduct see Complaint and Grievance Procedures.

Title IX Prohibited Conduct FAQs

  • What are examples of sexual harassment?
    • A professor offers for a student to have sex or go on a date with them in exchange for a good grade. This constitutes sexual harassment regardless of whether the student accedes to the request and irrespective of whether a good grade is promised or a bad grade is threatened.
    • A student repeatedly sends graphic, sexually-oriented jokes and pictures around campus via social media to hundreds of other students. Many don’t find it funny and ask them to stop, but they do not. Because of these jokes, one student avoids the sender on campus and in the residence hall in which they both live, eventually asking to move to a different building and dropping a class they had together.
    • A professor engages students in class in discussions about the students’ past sexual experiences, yet the conversations are not in any way germane to the subject matter of the class. The professor inquires about explicit details and demands that students answer them, though the students are clearly uncomfortable and hesitant.
    • An ex-partner widely spreads false stories about their sex life with their former partner to the clear discomfort and frustration of the former partner, turning the former partner into a social pariah on campus.
    • Chris has recently transitioned from male to non-binary, but primarily expresses as a female. Since their transition, Chris has noticed that their African Studies professor, Dr. Mukembo, pays them a lot more attention. Chris is sexually attracted to Professor Mukembo and believes the attraction is mutual. Chris decides to act on the attraction. One day, Chris visits Dr. Mukembo during office hours, and after a long conversation about being non-binary, Chris kisses Dr. Mukembo. Dr. Mukembo is taken aback, stops the kiss, and tells Chris not to do that. Dr. Mukembo explains to Chris that they are not interested in Chris sexually or romantically. Chris takes it hard, crying to Dr. Mukembo about how hard it is to find someone who is interested in them now based on their sexual identity. Dr. Mukembo feels sorry for Chris and softens the blow by telling them that no matter whether they like Chris or not, faculty-student relationships are prohibited by the university. Chris takes this as encouragement. One night, Chris goes to a gay bar some distance from campus and sees Dr. Mukembo there. Chris tries to buy Dr. Mukembo a drink and, again, tries to kiss Dr. Mukembo. Dr. Mukembo leaves the bar abruptly. The next day, Chris makes several online posts that out Dr. Mukembo as gay and raises questions about whether they are sexually involved with students. Dr. Mukembo contacts the Title IX Office and alleges that Chris is sexually harassing him.
  • What are examples of stalking?
    • Students A and B were “friends with benefits.” Student A wanted a more serious relationship, which caused student B to break it off. Student A could not let go and pursued student B relentlessly. Student B obtained a campus no-contact order. Subsequently, Student B discovered their social media accounts were being accessed, and things were being posted and messaged as if they were from them, but they were not. Whoever accessed their account posted a picture of a penis, making it look as if Student B had sent out a picture of themselves, though it was not their penis. This caused them considerable embarrassment and social anxiety. They changed their passwords, only to have it happen again. Seeking help from the Title IX Coordinator, Student B met with the IT department, which discovered an app on their phone and a keystroke recorder on their laptop, both of which were being used to transmit their data to a third party.
    • A graduate student working as an on-campus tutor received flowers and gifts delivered to their office. After learning the gifts were from a student they recently tutored, the graduate student thanked the student and stated that it was not necessary and would appreciate it if the gift deliveries stopped. The student then started leaving notes of love and gratitude on the tutor’s car, both on-campus and at home. Asked again to stop, the student stated by email, “You can ask me to stop, but I’m not giving up. We are meant to be together, and I’ll do anything to make you have the feelings for me that I have for you.” When the tutor did not respond, the student emailed again, “You cannot escape me. I will track you to the ends of the earth. If I can’t have you, no one will.”
  • What are examples of sexual assault?
    • Amanda and Bill meet at a party. They spend the evening dancing and getting to know each other. Bill convinces Amanda to come up to his room. From 11 p.m. until 3 a.m., Bill uses every line he can think of to convince Amanda to have sex with him, but she adamantly refuses. Despite her clear communications that she is not interested in doing anything sexual with him, Bill keeps at her, questions her religious convictions and accuses her of being “a prude.” He brings up several rumors that he has heard about how she performed oral sex on a number of other guys. Finally, it seems to Bill that her resolve is weakening and he convinces her to “jerk him off” (hand-to-genital contact). Amanda would have never done it but for Bill's incessant advances. He feels that he successfully seduced her and that she wanted to do it all along but was playing shy and hard to get. Why else would she have come up to his room alone after the party? If she really didn't want it, she could have left.
    • Jiang is a junior. Beth is a sophomore. Jiang comes to Beth’s residence hall room with some mutual friends to watch a movie. Jiang and Beth, who have never met before, are attracted to each other. After the movie, everyone leaves, and Jiang and Beth are alone. They hit it off, soon become more intimate and start to make out. Jiang verbally expresses his desire to have sex with Beth. Beth, who was abused by a babysitter at the age of five and avoids sexual relations as a result, is shocked at how quickly things are progressing. As Jiang takes her by the wrist over to the bed, lays her down, undresses her and begins to have intercourse with Beth, Beth has a severe flashback to her childhood trauma. She wants to tell Jiang to stop but cannot. Beth is stiff and unresponsive during the intercourse.
    • Kevin and John are at a party. Kevin is not sure how much John has been drinking, but he is pretty sure it’s a lot. After the party, he walks John to his apartment and John comes on to Kevin, initiating sexual activity. Kevin asks John if he is really up to this, and John says yes. They remove each other’s clothes and they end up in John’s bed. Suddenly, John runs for the bathroom. When he returns, his face is pale, and Kevin thinks he may have thrown up. John gets back into bed and they begin to have sexual intercourse. Kevin is having a good time, though he can’t help but notice that John seems pretty groggy and passive, and he thinks John may have even passed out briefly during the sex, but he came to again. When Kevin runs into John the next day, he thanks him for the great night. John remembers nothing and decides to make a report to the Dean.
  • What are examples of retaliation?
    • Student-athlete A alleges sexual harassment by a coach; the coach subsequently cuts the student-athlete’s playing time without a legitimate justification.
    • A faculty member alleges gender inequity in pay within her department; the department chair then revokes their approval for the faculty member to attend a national conference, citing the faculty member’s tendency to “ruffle feathers.”
    • A student from Organization A participates in a sexual harassment investigation as a witness whose testimony is damaging to the Respondent, who is also a member of Organization A; the student is subsequently removed as a member of Organization A because of their participation in the investigation.

Title IX Advisors in the Title IX Regulatory Resolution Process (“Process A”) FAQs

  • Do I have a right to an Advisor?

    Yes, the parties may each have an Advisor of their choice present with them for all meetings, interviews and hearings within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available.

    Choosing an Advisor who is also a witness in the process creates a potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing Decision-maker(s).

    The College may permit parties to have more than one Advisor upon special request to the Title IX Coordinator. The decision to grant this request is at the sole discretion of the Title IX Coordinator and will be granted equitably to all parties.

  • Who can serve as an Advisor?

    The Advisor may be a friend, mentor, family member, attorney or any other individual a party chooses to advise, support and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the College community.

    The Title IX Coordinator will also offer to assign a trained Advisor to any party if the party so chooses. If the parties choose an Advisor from the pool available from the College, the Advisor will have been trained by the College and be familiar with the College’s resolution process.

    Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process prior to a hearing.

  • Can my Advisor attend meetings and interviews?

    The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity and in good faith.

    The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney.

  • What is my Advisor’s role in the formal hearing?

    Under U.S. Department of Education regulations for Title IX, a form of indirect questioning is required during the hearing but must be conducted by the parties’ Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any questioning of the other party and witnesses.

    A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor during a hearing. If the party’s Advisor will not conduct questioning, the College will appoint an Advisor who will do so, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses may also be conducted by the Decision-maker(s) during the hearing.

  • Can my Advisor request a pre-interview meeting with the Title IX Coordinator and other administrative officials?

    Yes, Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and College’s policies and procedures.

  • Is my Advisor subject to College policies? What happens if my Advisor violates College policy?

    All Advisors are subject to the same College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or assigned by the College. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address College officials in a meeting or interview unless invited to do so (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and unless specifically authorized to do so by College officials, may not speak on behalf of the advisee to the Investigator(s) or other Decision-maker(s) except during a hearing proceeding during cross-examination.

    The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

    Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

  • What information will the College share with my Advisor? How can I consent to sharing information with my Advisor?

    The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their Advisors. Parties may share this information directly with their Advisor or other individuals if they wish. Doing so may help the parties participate more meaningfully in the resolution process.

    The College also provides a consent form that authorizes the College to share such information directly with a party’s Advisor. The parties must either complete and submit this form to the Title IX Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before the College is able to share records with an Advisor.

  • Are the records shared with my Advisor private?

    Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly or used for purposes not explicitly authorized by the College. Advisors may be asked to sign Non-Disclosure Agreements. The College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.

  • What are the time expectations of an Advisor?

    The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings when planned, but the College may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

    The College may also make reasonable provisions to allow an Advisor who cannot be present in-person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.

  • Can I change my Advisor?

    A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout the process. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).

    The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor should be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.

  • Will the College help me secure an Advisor?

    The College maintains a listing of local attorneys who may offer discounted or pro bono services. Contact the Title IX Coordinator if you would like to review this list.

  • For representation:

    Respondents may wish to contact organizations such as:

    Complainants may wish to contact organizations such as:

Title IX Investigation Process FAQs

  • What steps does the Investigator(s) take in the Investigation Process?

    The Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order):

    • Determine the identity and contact information of the Complainant.
    • Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated.
    • Assist the Title IX Coordinator, if needed, with conducting a prompt initial assessment to determine if the allegations indicate a potential policy violation.
    • Commence a thorough, reliable and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe and order of interviews for all witnesses and the parties.
    • Meet with the Complainant to finalize their interview/statement, if necessary.
    • Work with the Title IX Coordinator, as necessary, to prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations.
      • Notice should inform the parties of their right to have the assistance of an Advisor, who could be a member of the Pool or an Advisor of their choosing, present for all meetings attended by the party.
    • Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings.
    • Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible.
    • When participation of a party is expected, provide that party with written notice of the date, time and location of the meeting, as well as the expected participants and purpose.
    • Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
    • Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions.
    • Complete the investigation promptly and without unreasonable deviation from the intended timeline.
    • Provide regular status updates to the parties throughout the investigation.
    • Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding.
  • What happens at the end of the Investigation Process?

    Upon conclusion of the investigation, the investigator will write a comprehensive investigation report fully summarizing the investigation, all witness interviews and addressing all relevant evidence. Appendices including relevant physical or documentary evidence will be included.

    The Investigator(s) gather and synthesize evidence, but make no conclusions, engage in no policy analysis and render no recommendations as part of their report.

    Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the College does not intend to rely in reaching a determination, for a 10 business day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full 10 days. Each copy of the materials shared will be watermarked on each page with the role of the person receiving it (e.g., Complainant, Respondent, Complainant’s Advisor, Respondent’s Advisor).

    The Investigator(s) may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses.

    The Investigator(s) will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator(s) should document all rationales for any changes made after the review and comment period.

    The Investigator(s) shares the report with the Title IX Coordinator and/or legal counsel for their review and feedback.

    The Investigator will incorporate any relevant feedback, and the final report is then shared with all parties and their Advisors through secure electronic transmission or hard copy at least 10 business days prior to a hearing. The parties are also provided with a file of any directly related evidence that was not included in the report.

Hearing Process in the Title IX Regulatory Resolution Process (“Process A”) FAQs

  • How will the hearing begin?

    First, the Chair explains the procedures and introduces the participants. The Chair or hearing facilitator then conducts the hearing according to the hearing script. At the hearing, recording, witness logistics, party logistics, curation of documents, separation of the parties and other administrative elements of the hearing process are managed by a non-voting hearing facilitator/case manager appointed by the Title IX Coordinator. The hearing facilitator may attend to: coordinate logistics of rooms for various parties/witnesses as they wait; direct flow of parties/witnesses in and out of the hearing space; ensure recording and/or virtual conferencing technology is working as intended; copy and distribute materials to participants, as appropriate, etc.

    Additional information can be found in the Process A Hearing Guide.

  • What is the Investigator’s role at hearing?

    The Investigator(s) will present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Decision-maker(s) and the parties (through their Advisors). The Investigator(s) will be present during the entire hearing process, but not during deliberations.

    Neither the parties nor the Decision-maker(s) should ask the Investigator(s) their opinions on credibility, recommended findings, or determinations, and Advisors and parties will refrain from discussion of or questions about these assessments. If such information is introduced, the Chair will direct that it be disregarded.

  • Will there be an opportunity for both parties to provide testimony and ask questions?

    Yes, Once the Investigator(s) present the report and are questioned, the parties and witnesses may provide relevant information in turn, beginning with the Complainant and then in the order determined by the Chair. The hearing will facilitate questioning of parties and witnesses by the Decision-maker(s) and then by the parties through their Advisors.

    All questions are subject to a relevance determination by the Chair. The Advisor, who will remain seated during questioning, will pose the proposed question orally, electronically or in writing (orally is the default, but other means of submission may be permitted by the Chair upon request if agreed to by all parties and the Chair); the proceeding will pause to allow the Chair to consider it (and state it if it has not already been stated aloud), and the Chair will determine whether the question will be permitted, disallowed, or rephrased.

    The Chair may invite explanations or persuasive statements regarding relevance with the Advisors, if the Chair so chooses. The Chair will then state their decision on the question for the record and advise the party/witness to whom the question was directed, accordingly. The Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

    The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant) or abusive. The Chair has final say on all questions and determinations of relevance. The Chair may consult with legal counsel on any questions of admissibility. The Chair may ask Advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the Advisors on relevance once the Chair has ruled on a question.

    If the parties raise an issue of bias or conflict of interest of an Investigator or Decision-maker at the hearing, the Chair may elect to address those issues, consult with legal counsel and/or refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Chair should not permit irrelevant questions that probe for bias.

  • Will there be cross-examination? Am I required to participate?

    Yes, cross-examination is a part of the Process A hearing. Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing or because they attend but refuse to participate in some or all questioning. The Decision-maker(s) can only rely on whatever relevant evidence is available through the investigation and hearing in making the ultimate determination of responsibility. The Decision-maker(s) may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to submit to cross-examination or answer other questions.

    Where the outcome of a complaint depends on credibility, the hearing participation of the Complainant whose credibility must be assessed by the Decision-maker(s), is essential. When a Complainant fails to attend or participate in the hearing, it may be impossible for the Decision-maker(s) to determine that policy has been violated.

    If charges of policy violations other than sexual harassment are considered at the same hearing, the Decision-maker(s) may consider all evidence it deems relevant, may rely on any relevant statement as long as the opportunity for cross-examination is afforded to all parties through their Advisors, and may draw reasonable inferences from any decision by any party or witness not to participate or respond to questions.

    If a party’s Advisor of choice refuses to comply with the College’s established rules of decorum for the hearing, the College may require the party to use a different Advisor. If a College-provided Advisor refuses to comply with the rules of decorum, the College may provide that party with a different Advisor to conduct cross-examination on behalf of that party.

  • Will the hearing be recorded?

    Hearings (but not deliberations) are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.

    The Decision-maker(s), the parties, their Advisors and appropriate administrators of the College will be permitted to listen to the recording or review a transcript of the recording in a controlled environment determined by the Title IX Coordinator, upon request. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator.

  • When and how will I receive notice of the outcome of my hearing? What information is in the Notice of Outcome?

    The Title IX Coordinator will work with the Chair to prepare a Notice of Outcome letter using the deliberation statement. Legal counsel will then review the Notice of Outcome. The Title IX Coordinator will then share the letter, including the final determination, rationale and any applicable sanction(s), with the parties and their Advisors within two (2) business days of receiving the Decision-maker(s)’ deliberation statement.

    The Notice of Outcome will be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official College records, or emailed to the parties’ College-issued email address or otherwise approved account. Notice will be presumed delivered once mailed, emailed, and/or received in-person.

    The Notice of Outcome will articulate the specific alleged policy violation(s) reported, including the relevant policy section(s), and will contain a description of the procedural steps taken by the College from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence and hearings held.

    The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the College is permitted to share such information under state or federal law; any sanction(s) issued which the College is permitted to share according to state or federal law; and whether remedies will be provided to the Complainant to ensure access to the College’s educational or employment program or activity.

    The Notice of Outcome will also include information on when the College considers the results to be final, any changes and(or) sanctions that occur prior to finalization, and the relevant procedures and bases for appeal.

Title IX Appeal Process (for Both Process A and Process B) FAQs

  • Can I appeal the decision?

    Yes, any party may submit a request for an appeal (“Request for Appeal”) to the Title IX Coordinator within five business days of the delivery of the Notice of Outcome. View the Request for Appeal Form.

    The Title IX Coordinator will designate a three-member appeal panel. No Appeal Decision-maker(s) will have been previously involved in the resolution process for the complaint, including in any dismissal appeal that may have been heard earlier in the process.

    The Request for Appeal will be forwarded to the Appeal Panel or designee for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

  • What are the grounds for Appealing?

    Appeals are limited to the following grounds:

    • Procedural irregularity that affected the outcome of the matter.
    • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.
    • The Title IX Coordinator, Investigator(s) or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

    If any of the grounds in the Request for Appeal do not meet the grounds in this policy, that request will be denied by the Appeal Panel and the parties and their Advisors will be notified in writing of the denial and the rationale.

  • What happens if my Request for Appeal is granted?

    If any of the grounds in the Request for Appeal meet the grounds in this policy, then the Appeal Panel will notify the other party(ies) and their Advisors, the Title IX Coordinator and, when appropriate, the Investigators and/or the original Decision-maker(s).

    The other party(ies) and their Advisors, the Title IX Coordinator and, when appropriate, the Investigators and/or the original Decision-maker(s) will be mailed, emailed and/or provided a hard copy of the request for an appeal with the approved grounds and then be given seven business days to submit a response to the portion of the appeal that was approved and involves them. All responses, if any, will be forwarded by the Appeal Panel to all parties for review and comment.

    The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed to determine if it meets the grounds in this Policy by the Appeal Panel and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator(s) and/or original Decision-maker(s), as necessary, who will submit their responses, if any, in seven business days, which will be circulated for review and comment by all parties. If not approved, the parties will be notified accordingly, in writing.

    Neither party may submit any new requests for appeal after this time period. The Appeal Panel will collect any additional information needed and all documentation regarding the approved grounds for appeal and the subsequent responses will be shared with the Appeal Panel and the Panel will render a decision in no more than seven business days, barring exigent circumstances. All decisions are by majority vote and apply the preponderance of the evidence standard.

  • How will I be notified regarding the status of an appeal?

    A Notice of Appeal Outcome will be sent to all parties simultaneously, including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which the College is permitted to share according to state or federal law and the rationale supporting the essential findings, to the extent Recipient is permitted to share under state or federal law.

    Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records or emailed to the parties’ College-issued email address or otherwise approved account. Notice will be presumptively delivered once mailed, emailed and/or received in-person.

  • What else do I need to know about the Appeal Process?

    Decisions on appeal are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so.

    Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.

    An appeal is not an opportunity for Appeal Panel to substitute their judgment for that of the original Decision-maker(s) merely because they disagree with the finding and/or sanction(s).

    The Appeal Panel may consult with the Title IX Coordinator and(or) legal counsel on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.

    Appeals granted based on new evidence should normally be remanded to the original Investigator(s) and/or Decision-maker(s) for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or, in limited circumstances, decided on appeal.

    Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing). [Option: When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.]

    In rare cases where a procedural or substantive error cannot be cured by the original Decision-maker(s) (as in cases of bias), the appeal Chair/Decision-maker may order a new hearing with a new Decision-maker(s).

    The results of a remand to a Decision-maker(s) cannot be appealed. The results of a new hearing can be appealed once, on any of the three available appeal grounds.

    In cases in which the appeal results in reinstatement to the College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

  • What is the status of any sanctions that were included in the Notice of Outcome while an appeal is pending?

    Any sanctions imposed as a result of the hearing are stayed (not implemented) during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above.

    If any of the sanctions are to be implemented immediately post-hearing, but pre-appeal, then the emergency removal procedures as explained in a previous section for a show cause meeting on the justification for doing so must be permitted within 48 hours of implementation.

Violence Risk Assessment FAQs

  • What is a Violence Risk Assessment?

    Threat assessment is the process of assessing the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A Violence Risk Assessment (VRA) is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditional or direct threat.

    The implementation of VRAs require specific training and are typically conducted by psychologists, clinical counselors, social workers, case managers, law enforcement officers, student conduct officers and/or other Behavioral Intervention Team (BIT) members.

  • How is a Violence Risk Assessment Conducted?

    A VRA occurs in collaboration with the BIT, CARE, and/or threat assessment team and must be understood as an on-going process, rather than a singular evaluation or meeting. A VRA is not an evaluation for an involuntary behavioral health hospitalization (e.g., 5150 in California, Section XII in Massachusetts, Baker Act in Florida), nor is it a psychological or mental health assessment.

    A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources and psychology.

  • What factors are considered in a Violence Risk Assessment?

    When conducting a VRA, the assessor(s) use an evidence-based process consisting of:

    • An appraisal of risk factors that escalate the potential for violence.
    • A determination of stabilizing influences that reduce the risk of violence.
    • A contextual analysis of violence risk by considering environmental circumstances, hopelessness, and suicidality; catalyst events; nature and actionability of threat; fixation and focus on target; grievance collection; and action and time imperative for violence.
    • The application of intervention and management approaches to reduce the risk of violence.

    To assess an individual’s level of violence risk, the Title IX Coordinator will initiate the violence risk assessment process through the BIT. The BIT will assign a trained individual(s) to perform the assessment, according to the specific nature of the Title IX case.

    The assessor(s) will follow the process for conducting a violence risk assessment as outlined in the BIT manual and will rely on a consistent, research-based, reliable system that allows for the evaluation of the risk levels.

    Some examples of formalized approaches to the VRA process include: The NABITA Risk Rubric, The Structured Interview for Violence Risk Assessment (SIVRA-35), The Extremist Risk Intervention Scale (ERIS), Looking Glass, Workplace Assessment of Violence Risk (WAVR-21), Historical Clinical Risk Management (HCR-20) and MOSAIC.

    The VRA is conducted independently from the Title IX process, informed by it but free from outcome pressure. The individual(s) conducting the assessment will be trained to mitigate any bias and provide the analysis and findings in a fair and equitable manner.

    The BIT/CARE or threat team’s member(s) conducts a VRA process and makes a recommendation to the Title IX Coordinator as to whether the VRA indicates there is a substantial, compelling, and/or immediate risk to the health and/or safety of an individual or the community.

Title IX Statement of Rights of the Parties in Process A

  • The right to an equitable investigation and resolution of all credible allegations of prohibited harassment, discrimination and/or retaliation made in good faith to College officials and administrators.
    • The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures and possible sanctions.
    • The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
    • The right to be informed in advance of any public release of information by the College regarding the allegation(s) or underlying incident(s), whenever possible.
    • The right not to have any personally identifiable information released to the public by the College without consent provided, except to the extent permitted by law.
    • The right to be treated with respect by College officials and administrators.
    • The right to have College policies and procedures followed without material deviation.
    • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
    • The right not to be discouraged by College officials and administrators from reporting sexual harassment, discrimination and/or retaliation to both on-campus and off-campus authorities.
    • 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(s) to be assisted by the College in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report to law enforcement.
    • The right to have allegations of violations of the policies addressed herein responded to promptly and with sensitivity by College law enforcement and/or other College officials and administrators.
    • The right to be informed of available interim actions and supportive measures, such as counseling, advocacy, health care, legal, student financial aid, visa, and immigration assistance, and/or other services, both on campus and in the community.
    • The right to a College-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing or other improper conduct.
    • The right to be informed of available assistance in changing academic, and/or working situations after an alleged incident of discrimination, harassment and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
      • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation).
      • Transportation accommodations.
      • Visa/immigration assistance.
      • Exam, paper, and/or assignment rescheduling or adjustment.
      • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive).
      • Transferring class sections.
      • Temporary withdrawal/leave of absence (may be retroactive).
      • Campus safety escorts.
      • Alternative course completion options.
    • The right to have the College maintain such actions for as long as necessary and for supportive measures to remain private, provided privacy does not impair the College’s ability to provide the supportive measures.
    • The right to receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible.
    • The right to ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.
    • The right to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant by the Investigator(s)/Chair, may be asked of any party or witness.
    • The right to have inadmissible prior sexual history or irrelevant character evidence excluded by the decision-maker.
    • The right to know the relevant and directly related evidence obtained and to respond to that evidence.
    • The right to a fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
    • The right to receive a copy all relevant and directly related evidence obtained by the investigation, subject to the privacy limitations imposed by state and federal law, and a ten (10) business day period to review and comment on the evidence.
    • The right to receive a copy of the final investigation report, including all factual, policy, and/or credibility analyses performed, and to have at least ten (10) business days to review and comment on the report prior to the hearing.
    • The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
    • The right to regular updates on the status of the investigation and/or resolution.
    • The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received [at least eight hours of] relevant annual training.
    • The right to a Hearing Panel that is not single-sex in its composition, if a panel is used.
    • The right to preservation of privacy, to the extent possible and permitted by law.
    • The right to meetings, interviews, and/or hearings that are closed to the public.
    • The right to petition that any College representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
    • The right to have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process.
    • The right to the use of the appropriate standard of evidence--preponderance of the evidence--to make a finding after an objective evaluation of all relevant evidence.
    • The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.
    • The right to have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to sanctioning.
    • The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process (if any) and a detailed rationale of the decision (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the parties.
    • The right to be informed in writing of when a decision by the College is considered final and any changes to the sanction(s) that occur before the decision is finalized.
    • The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the College.
    • The right to a fundamentally fair resolution as defined in these procedures.

Clery Act FAQs

  • What is the Clery Act?

    The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. § 1092(f)) (“Clery Act”) was originally passed in 1990. Jeanne Clery was raped and murdered in residence hall at LeHigh University in 1986. Jeanne’s murder triggered a backlash against unreported crime on campuses across the country. The Clery Act requires higher education institutions that receive federal funds to report crime statistics, notify the campus community of threats and compile and distribute an annual campus security report to the campus community, prospective students and employees.

  • Who are Campus Security Authorities and What do they have to Report?

    Certain campus officials - those deemed Campus Security Authorities - have a duty to report the following for federal statistical reporting purposes (Clery Act):

    • All “Criminal Offenses (Primary Crimes”),” which include homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson.
    • Hate crimes, which include any bias-motivated primary crime as well as any bias motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property.
    • VAWA-based crimes, which include sexual assault, domestic violence, dating violence, and stalking.
    • Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations and drug abuse-related law violations.

    All personally identifiable information is kept private, but statistical information must be shared with campus law enforcement regarding the type of incident and its general location (on or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.

    Campus Security Authorities include: student affairs/student conduct staff, College Department of Public Safety, Security, local police, coaches, student activities staff, human resources staff, Advisors to student organizations and any other official with significant responsibility for student and campus activities. A list of positions and/or the types of positions at the College that serve as Campus Security Authorities can be found in the College’s Annual Security Report.

  • Where can I review the College’s Annual Security Report?

    You can review the College’s Annual Security Report at this link. You can learn more about the College’s compliance with Clery, including annual disclosure of crime statistics for each campus.

Accommodations in the Grievance and/or Resolutions Processes FAQs

  • Will I be able to receive accommodations in the Grievance Processes (Process A or B)?

    Yes, the College is committed to providing reasonable accommodations and support to qualified students, employees or others with disabilities to ensure equal access to the College’s resolution processes.

    Anyone needing such accommodations or support should contact the Director of Counseling and Student Accessibility Services (for students) or the Executive Director of Human Resources and Talent Development (for employees), who will review the request and in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

  • How do I request accommodations?

    If you need to request accommodations in order for you to participate in a Process A or Process B Grievance and/or Resolution Process, you can contact the Title IX Coordinator at TitleIX@southtexascollege.edu or call 956-872-4664. Anyone needing such accommodations or support should contact the Director of Counseling and Student Accessibility Services or the Executive Director of Human Resources and Talent Development, who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

Pregnant and Parenting FAQs

  • Who is South Texas College’s Liaison Officer for Pregnant and Parenting Students?

    In accordance with the Texas Higher Education Code Section 51.9357, the following person is designated as South Texas College’s liaison officer for pregnant and parenting students:

    Liaison Officer for Pregnant and Parenting Students:
    Santa Elisa Peña, M. Ed., LPC-S
    Director of Counseling and Student Accessibility Services
    Counseling and Student Accessibility Services
    Pecan Campus, K 2.900
    McAllen, TX 78501
    Phone: 956-872-2140
    Email: santaep@southtexascollege.edu

  • What are the College’s obligations towards pregnant and parenting students?

    South Texas College is committed to creating and maintaining an inclusive and accessible learning environment for all students. Title IX prohibits discrimination on the basis of sex in educational programs and activities that receive federal funds.

    Specifically, as it applies to pregnant and parenting students, Title IX prohibits discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.

    If you are a pregnant or parenting student or have experienced or are experiencing any of the pregnancy-related conditions described above, you have the right to stay in school, take reasonable and medically necessary leave and return to school in the same position in which you left.

    The College is also obligated to respond to reports of discrimination and/or harassment based on pregnancy or parental status.

  • Does Title IX prohibit discrimination and harassment on the basis of pregnancy?

    Yes, Title IX prohibits discrimination, including harassment, based on pregnancy or parenting status, including discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery from any of these conditions.

    Discrimination, including harassment, can take many forms, including verbal acts and name-calling, graphic and written statements and other conduct that may be humiliating or physically threatening or harmful.

  • Do I have a right to participate in my educational programs and activities while I am pregnant?

    Yes. Students must be allowed to participate in classes, school clubs, sports, honor societies, student leadership opportunities and other activities. Students are not required to submit a doctor’s note or medical clearance unless the College requires a doctor’s note or medical clearance for all students who have a physical or emotional condition requiring treatment by a doctor.

  • How to I seek accommodations and other support services as a pregnant and parenting individual?

    First, submit a referral to Counseling and Student Accessibility Services (CSAS). Once submitted, a staff member from CSAS will reach out to you to go over the accommodations process and medical documentation that may be needed. Once your documentation is submitted, the CSAS staff member, in consultation with the Title IX Coordinator, will engage in the interactive process to determine reasonable accommodations that your doctor has deemed medically necessary. CSAS will then work with you and your instructors to administer any academic or physical accommodations.

  • Will my instructors be notified that I am pregnant and/or parenting? Do I have to tell them?

    When a student self-identifies the office of Counseling and Student Accessibility Services (CSAS) and/or to the Title IX Coordinator, as being pregnant with or without restrictions, CSAS sends an email to the student’s instructors to inform them that the student is pregnant and/or parenting. If you are eligible to receive accommodations, you select in the online student portal which faculty member you wish to be notified of the status and/or accommodations. The selected instructors will then receive a Student Accommodation document.

  • Are pregnancy-related absences permitted?

    The College is required to excuse absences for students who are pregnant and parenting for as long as their doctor deems the absences to be medically necessary. The length of absence may vary depending on the high-risk pregnancy or childbirth, this includes but not limited to medical appointments. Under Title IX, Pregnancy and Parenting students cannot be penalized for the leave taken. The student will be placed in the same academic and extracurricular status they held before taking the leave. We encourage the student to schedule their doctor’s appointments outside of their school schedule. If you normally ask other students for doctor’s excuses for absences, you may also ask the pregnant student for a doctor’s excuse.

  • Can I make up work missed for pregnancy and/or parenting related absences?

    If you are absent from class due to a doctor’s appointment pertaining to pregnancy or parenting, by law, you are allowed to make up any assignments or tests missed due to that doctor’s appointment. The College is required to provide you with the appropriate assignments and information to make up all of the work a student would have been required to complete for that semester. The College can however offer the student reasonable alternatives to making up missed work, such as taking an incomplete, retaking a semester, taking part in an online course or allowing the student additional time in a program to continue at the same pace and finish at a later date (especially for longer periods of leave). Students must be provided with a “reasonable amount of time” to make up any work missed.

  • Can a Faculty member lower my grade because of classes missed?

    No, the College requires all faculty to provide students the opportunity to earn back the credit from classes a student missed due to pregnancy or pregnancy-related condition(s).

  • How will pregnant and parenting services affect my federal funds?

    If you are a student receiving federal funding, you are encouraged to meet with the Office of Student Financial Services to discuss how a change in registration could potentially affect your current and future financial aid eligibility.

  • How do I report discrimination on the basis of my status as a pregnant and/or parenting individual?

    Students who have concerns about support and/or accommodations related to their pregnancy and/or related conditions are encouraged to first meet with their assigned counselor who provided their accommodations memo. There, the student can voice their concerns with accommodations they (or have not) been provided. Counselors will often involve and/or consult with the Title IX Coordinator regarding such student concerns. If the student is not satisfied with the result of that conversation, they can file a formal complaint.

    If you feel you have experience discrimination and/or harassment because you are pregnant, have pregnancy-related medical conditions, or parenting, you can submit a complaint. Formal complaints are initiated by contacting the Title IX Coordinator at TitleIX@southtexascollege.edu, calling 956-872-4664, or completing and submitting the online reporting form. Generally, complaints of discrimination on the basis of pregnancy and parenting will be addressed through Process B.

    You may also file a formal complaint with the Office of Civil Rights:

    Dallas Office - U.S. Department of Education
    1999 Bryan Street, Suite 1620
    Dallas, Texas 75201-6810
    Telephone 214-661-9600; Fax 214-661-9587; TDD 800-877-8339
    Email: OCR.Dallas@ed.gov

  • How do I withdraw from a class that I cannot (or could not) complete due to my pregnancy and/or related conditions?

    Students who need to withdraw from a current or former course due to their pregnancy and/or related conditions may complete and submit the Title IX Pregnant and Parenting Enrollment Appeal Form. Be sure to complete all required information on the form and provide any medical documentation to the Title IX Coordinator by emailing it to TitleIX@southtexascollege.edu. Upon submission of your Title IX Pregnant and Parenting Enrollment Appeal Form, the Title IX Coordinator or designee will contact you regarding the status of your appeal, including whether your appeal is granted, if more information and/or medical documentation is needed, and when you can expect your enrollment appeal and requested administrative drop (if granted) to be processed. Note that only those enrollment appeals that can show medical necessity reasonably tied to the pregnancy and/or parenting status will be granted and that no enrollment appeal will be granted without the required documentation.

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