Sexual Misconduct

Title IX Prohibits Discrimination on the Basis of Sex

South Texas College (“College”) does not discriminate or tolerate discrimination against any employee, applicant for employment, student, or applicant for admission on the basis of sex in any of the College's education programs or activities. Any inquiries directed to the College from students (including parents, guardians, or conservators of minor students), employees, or the general public about the application of Title IX and its implementing regulations may be referred to the College’s Title IX Coordinator and/or the Assistant Secretary of the U.S. Department of Education. A violation of the College's sexual harassment policy is subject to disciplinary action up to and including expulsion from the College or termination of employment.

  1. Sex Discrimination

    Under Title IX, sex discrimination involves exclusion from or disparate treatment in, on the basis of sex, such College activities as recruitment, admission, financial aid, work-study, athletics, counseling, or employment. Sex discrimination may also take the form of sexual harassment which includes the creation of a hostile environment as well as any incident of sexual violence including sexual assault, dating violence, domestic violence, and stalking. The College is committed to eradicating all forms of sex-based discrimination, including sexual harassment, and prohibits its employees and students from engaging in such conduct. Sexual harassment can occur in any sex or gender configuration without regard to gender identity, gender expression or sexual orientation and may include off-campus or online conduct.

  2. Sexual Harassment

    Under Title IX, sexual harassment is considered a form of sex-based discrimination. The Title IX implementing regulations define sexual harassment as conduct on the basis of sex that satisfies one or more of the following:

    1. Quid Pro Quo Harassment. This occurs when an employee of the College conditions the provision of an aid, benefit, or service of the College on an individual's participation in unwelcome sexual conduct;
    2. Unwelcome Conduct Creating a Hostile Environment. This is conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
    3. Sexual Violence Including: “sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), and “stalking” as defined in 34 U.S.C. 12291(a)(30).

Sexual Harassment and other Prohibited Behavior under Chapter 51

Subchapters E-2 and E-3 of Chapter 51, Texas Education Code (“Chapter 51”) require that the College adopt a policy prohibiting sexual harassment, sexual assault, dating violence, and stalking that is applicable to all students and employees of the College.

  1. Sexual Harassment under Chapter 51 is Defined as:
    1. Unwelcome, sex-based verbal or physical conduct that in the employment context, unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive work environment; or
    2. Unwelcome, sex-based verbal or physical conduct that in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student's ability to participate in or benefit from educational programs or activities at a postsecondary educational institution.
  2. Other Prohibited Behavior under Chapter 51:
    1. Sexual Assault - means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
    2. Dating Violence - means physical violence or verbal abuse committed by a person:
      1. against a victim with whom the person is or has been in a social relationship of a romantic or intimate nature;
      2. is intended to result in physical harm, bodily injury, assault, mental anguish, mental pain, emotional distress, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault; and
      3. where the existence of such a relationship shall be determined based on a consideration of the following factors:
        1. The length of the relationship.
        2. The type of relationship.
        3. The frequency of interaction between the persons involved in the relationship.
    3. Stalking - means engaging in any act or course of conduct that is directed at a specific person that would cause a reasonable person to:
      1. fear for his or her safety or the safety of others; or
      2. suffer substantial emotional distress.

Sexual Violence and Consent, Coercion and Incapacitation

Sexual violence, including sexual assault, is a form of sexual harassment that includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.

Consent

Consent is knowing, voluntary, and clear permission, by word or action, to engage in mutually agreed upon sexual activity. It is the responsibility of each party to make certain that the other has consented before engaging in the activity. Consent can be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated, and if consent is withdrawn, the activity should cease immediately or within a reasonable time. Resistance to engaging in sexual activity is a clear demonstration of non-consent as is knowing that the other person is incapacitated and unable to provide consent.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. Sexual activity with someone without clear consent constitutes a violation of the College's sexual harassment policy.

Incapacitation

Incapacitation means a mental state where a person lacks the capacity to give knowing/informed consent. Incapacitation may be due to a person’s use of drugs or alcohol; due to an intellectual, mental or physical disability; due to a person’s lack of consciousness; or due to a person being underage. A person who is under seventeen (17) years of age is legally incapable of consenting to sexual activity. A person who engages in sexual activity with someone whom the individual knows, or reasonably should know, is incapable of knowingly consenting to the sexual activity violates the College's sexual harassment policy. Intoxication of the individual alleged to have violated the policy is not a defense.

Consensual Romantic or Sexual Relationships Prohibited

The College prohibits employees from entering consensual romantic or sexual relationships with each other if one is the direct or indirect supervisor of the other. The College prohibits faculty members and students from entering consensual romantic or sexual relationships with each other if one is the instructor of the other.

Employees in a supervisory-subordinate relationship are prohibited from explicitly or implicitly suggesting or recommending or agreeing that either employee transfer or be transferred to another position or leave employment with the intention of circumventing the College's policy.

Individuals in an instructor-student relationship are prohibited from explicitly or implicitly suggesting or recommending or agreeing that the student enrolled in the faculty member’s class drop the class or withdraw from enrollment in the College or that the faculty member withdraw from the class or from employment with the College with the intention of circumventing the College's policy on consensual relationships.

The prohibition on consensual relationships applies for the duration of the supervisor-subordinate or instructor-student relationship.

Designation of Title IX Coordinator

The following employee serves as the Title IX Coordinator:

Todd C. Nelson
Contracts and Regulatory Resources Officer
Title IX & 504 Coordinator
3201 W. Pecan Blvd. N 150
McAllen, TX 78501
956-872-4664
TitleIX@southtexascollege.edu

The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remedy, and prevent discrimination, harassment, and retaliation prohibited under the College's sexual harassment policy. The Title IX Coordinator acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees the grievance process and the resolution of all complaints under the College's sexual harassment policy and the governing procedures.

Mandatory Reporting of Sexual Harassment or of Prohibited Behavior

All College employees, unless designated as a "Confidential Employee," are considered "Mandatory Reporters" under Title IX and Chapter 51. Any employee, other than a Confidential Employee, who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes hostile environment sexual harassment, sexual assault, dating/domestic violence, quid pro quo sexual harassment, or stalking and is alleged to have been committed by or against a person who was a student enrolled at or an employee of the College at the time of the incident shall promptly report the incident to the Title IX Coordinator or a Deputy Title IX Coordinator. The report must include all information concerning the incident known to the employee that could be relevant to the investigation and, if applicable, redress of the incident, as well as whether an alleged victim has expressed a desire for confidentiality when reporting the incident. A Mandatory Reporter must promptly share with the Title IX Coordinator, or a Deputy Title IX Coordinator, all known details of any report made to the Mandatory Reporter in the course of their employment. Mandatory Reporters are required to report an incident regardless of when or where the incident occurred.

When an employee, as a Mandatory Reporter, receives a report of an incident, the employee should:

  1. Advise the individual making the report of the employee’s obligation, as a Mandatory Reporter, to report any information the individual reveals to the Title IX Coordinator if the information describes a possible incident of sexual harassment;
  2. Explain to the individual making the report that the individual can ask that the College maintain the confidentiality of the information, but that the College may not be able to guarantee confidentiality; and
  3. If possible, prior to disclosure, offer the individual who wishes to report an incident the option to instead share the information with a counselor, ombuds, clergy, victim’s advocacy groups, medical providers, attorneys or other resources who may provide higher levels of confidentiality and who are not considered Mandatory Reporters.

Online reports can be made at: https://www.southtexascollege.edu/report/