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Campus Safety Education:

Sexual Assault Policy

Campus Police Emergency Number: (903) 875-7500

Navarro College is committed to providing a safe, educational and working environment for its students, faculty, and staff.   The college has made a commitment to the values and standards as outlined in our mission statement. Sexual assault is an intolerable crime that violates the safety, well-being, educational experience, and career of those it affects.  Navarro College is committed to creating an environment in which any inclination toward sexual assault is unthinkable.

Any party can be a victim or perpetrator of sexual assault. Therefore, this policy is gender neutral. Where there is probable cause to believe that the safety of an individual has been breached, the College will pursue disciplinary actions at outline in the student code of conduct. In dealing with members of the Navarro College community, individual integrity and respect are the primary focus of the College’s concern. It is important that options regarding medical treatment, counseling, the procedure for reporting and/or filing charges against an alleged assailant or third party, and receiving support and assistance through this process are clearly articulated.

The goal of this policy is to cultivate an environment that is free from sexual assaults, domestic/dating violence, stalking, and any form of harassment. This policy is intended to inform students of their rights if they are involved in an assault. Further, it specifies the complaint procedures and support services that a survivor of sexual assault can use. Although sexual assault prevention will be available for entering students, the college will provide on-going educational seminars and information throughout the school year to aid in providing a safe environment for the entire college community.

Policy Statement on Sexual Assault

Sexual assault violates the standards of conduct expected of every member of the Navarro College community and is strictly prohibited. It is the policy of Navarro College that no members of the community sexually, racially, or religiously harass or assault another person. A member of the college community who participates or attempts to participate in a sexual offense is subject to disciplinary action by the college. In addition to incidents that occur on campus, the college may take disciplinary action in response to incidents that take place off campus.

Definition of Sexual Assault

A person commits a sexual assault if he/she intentionally or knowingly:

  1. Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; or
  2. Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
  3. Causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.

Definitions and information regarding domestic violence, dating violence, and stalking, can be found on the following website: http://texaslawhelp.org/issues/domestic-violence

Consent under Texas Law

The most commonly asserted issue in sexual assault cases involves the issue of consent. Texas law provides for numerous provisions that allow the prosecutor to prove a lack of consent in a several different ways including:

  • The defendant compels the alleged victim to participate or submit to the act through the    use of violence or physical force;
    • Even when no physical force is used, the defendant compels the alleged victim to participate or submit through the threatened use of violence or physical force when the alleged victim believes that the defendant has the immediate ability to execute the threat;
    • Even when no force or threat of force is used, the defendant knows the alleged victim has not consented and is unconscious or physically unable to resist;
    • Even when no violence or threat of violence is used, the defendant knows that the alleged victim is incapable of resisting the act or appraising the nature of the act because of the alleged victim’s mental defect or disease;
    • Even when no force or threat of force is used, the alleged victim has not consented and the defendant knows the alleged victim is unaware that the sexual assault is occurring; and
    • Even when no physical violence or threat of physical violence is used, the defendant has intentionally caused the victim’s power to control or appraise the defendant’s conduct by administering any chemical or controlled substance without the alleged victim’s knowledge.                         

Information for Individuals Who Have Experienced a Sexual Assault

Resources:
A student who has experienced a sexual assault may disclose information regarding the assault to any member of the Navarro College community. The student is encouraged to report the event immediately to one of the resources listed in the chart below. However, a student may report a sexual assault to any faculty, staff, student, etc.

On-Campus Resources

Campus PoliceCorsicana - 903.654.7958
Midlothian - 972.935.2857
Waxahachie - 903.654.7958
Student ServicesCorsicana - 903.875.7397
Midlothian - 972.775.7251
Waxahachie - 972.923.6421
South - 254.562.3848
Vice President of Student Services
Maryann Hailey
903.875.7379
Asst. Dean of Students-Waxahachie
Dr. John Howe
972.923.6421
Campus Dean-Midlothian
Guy Featherston
972.775.7251
Campus Dean-South
Dr. Noel Michaelis
254.562.3848
Title IX Coordinator
Jasper Chieng
903.874.7681
Housing and Residence Director
Charles Betts
903.875.7540
Counselor
Audrey Williams, LPC
903.874.7414

Medical
A student who experiences any form of sexual assault is encouraged to seek immediate medical care. Students can undergo a medical exam to preserve physical evidence of the assault with or without the police’s involvement. The law regarding Medical Exams for Sexual Assault Victims is noted below

  1. That a sexual assault exam shall be conducted if a victim of sexual assault arrives at certain types of health care facilities within 96 hrs after the assault and consents to the        exam, even if they have not reported the assault to law enforcement.
  2. That the Department of Public Safety (DPS) will pay for the costs of the forensic portion of the exam and that the Attorney General’s Office shall reimburse DPS.
  3. That the Department of Public Safety will store the collected evidence until the earlier of: 2 years or the date the victim provides written authorization releasing the evidence to law enforcement or for its destruction.
  4. Clearly states that the victim will not be required to participate in the investigation or prosecution of the sexual assault as a condition of receiving the forensic medical examination.

To undergo a Sexual Assault Forensic Exam (SAFE), go directly to the emergency department of the Texas health Presbyterian Hospital of Dallas at 8200 Walnut Hill Lane Dallas, TX or call the hospital’s emergency help line at 214-345-6203. For more information about the SAFE, see http://hopelaws.org/. The student may also contact their local hospital or use the crisis center locater on hopelaws.org to obtain recommendations for a medical forensic exam.

Police
Reporting an assault to law enforcement does not mean that the case will automatically go to criminal trial or to the college’s disciplinary hearing.If the police are called, a uniformed officer will be sent to the scene to take a detailed statement. A report may be filed with the police regardless of whether or not the assailant was a Navarro College student. If a decision is made to make a report to the police, it is important to note that police jurisdictions depend on where the sexual assault occurred. The campus police will be able to assist the student with additional legal resources and filing the appropriate charges. 

Legal  Information
A student who experiences any form of sexual assault may pursue any civil or criminal remedies provided by state law. Students are encouraged to contact the Navarro College Counselor at 903-875-7414 to assist with resources. The following resources also provide information regarding victim services, protection orders, and court information under Texas laws.

  • Parkland Hospital Victim Intervention Program/Rape Crisis Center
    24 hour hotline: 214-590-0430 Phone 214-590-2926
  • Sexual Assault Legal Services & Assistance (SALSA)
    888-343-4414
    http://hopelaws.org/

Counseling
Navarro College offers counseling on a short-term basis. The counselor will be able to assist the student with finding a local counselor to obtain on-going long term counseling services if needed.

Student Services Complaint and Investigation
Students have an option to file a complaint with Student Services (if the perpetrator is also a student). The student also has a right to report the crime to the Police Department or the District Attorney’s Office of jurisdiction where the assault occurred, or take no administrative/legal action.

A student may file a complaint against another student by contacting the Student Services Department at 903-875-7397. A student may file a complaint with Student Judicial Services whether or not he/she chooses to cooperate with law enforcement in a criminal investigation.

Complaints will be processed as specified in the Student Code of Conduct under the Sexual Harassment Policy. For additional information regarding College conduct rules, as well as a list possible sanctions that may be imposed against a student found responsible for a violation of this policy, please

Rights of Students during the Disciplinary Process:

  • The right to be present during the entire hearing, notwithstanding the fact that the individual who has experienced the sexual assault is to be called as a witness. (The accused student has the same right).
  • The right to have a support person present during the hearing. This person is not entitled to represent the individual or to assist him/her with his/her testimony. If the support person is to act as a witness, the hearing officer may require the support person to testify before the individual who suffered the sexual assault testifies.
  • The right not to have evidence of his or her past sexual history with third parties introduced into the proceeding.
  • The right to have the hearing closed to spectators unless both the accused student and the individual consent in writing to have the hearing open to the public. The right to be informed of the outcome of the hearing as required under federal law.
  • The right to confidentiality

Complaints against a Navarro College faculty or staff member
Students who wish to file a complaint against a faculty or staff member may contact the Office of Student Services; however, this policy does not apply to cases involving an assault by a faculty or staff member. Complaints against a faculty or staff member will be administered by the _______________________.

Emergency measures
In some instances, when a student reports to the college that he or she has been sexually assaulted, the college may take emergency action to protect the emotional health and physical safety of the student. The  college will provide information regarding  available assistance with changing academic, living, transportation, and working environments that are reasonable available and requested by the student.

Off-Campus Resources
For treatment or to contact the SANE department: Texas Health Presbyterian Hospital in Dallas.

  • Emergency help: 214-345-6203
  • General questions about SANE: 214-345-6443

Advocacy and victim services:

  • Dallas Area Rape Crisis Center:
    24-hour hotline: 972-641-RAPE (7273) dallasrapecrisis.org
  • Victim’s Outreach 24-hour hotline: 214-358-5173

Reporting sexual assault:

  • Texas Association Against Sexual Assault
    24-hour hotline: 1-800-656-HOPE (4673)
    hopelaws.org

More information: