Sexual Misconduct Statistics, SB 212 Report and Definitions
Title IX Statistics
SB 212 Report for Navarro College
Navarro College complies with Texas SB 212 (2019) in providing regular reports documenting investigations of sexual misconduct.
Actionable Sexual Misconduct
“Actionable Sexual Misconduct” is Sexual Misconduct that, taking into account the totality of the circumstances, is sufficiently serious and significant to warrant adjudication under, and discipline pursuant to, these Procedures. Specifically, to determine whether Sexual Misconduct rises to the level of Actionable Sexual Misconduct, consideration will be given to the following criteria: (1) the type, frequency and duration of the conduct (the more severe the conduct, the less the need to show a repetitive series of incidents, particularly if the harassment is physical), (2) the identity of and relationship between the alleged harasser and the alleged victim/survivor, (3) the number of individuals involved, (4) the age and sex of the alleged harasser and the alleged victim/survivor, (5) the location of the incidents and the context in which they occurred, and (6) whether there have been similar incidents.
“Actual Notice” includes but is not limited to a report of sexual misconduct, an individual notifying the Title IX Coordinator or other Responsible Employee, reports to campus police, a responsible employee witnessing sexual misconduct, or indirect notice received from sources such as social media, the internet, flyers posted on campus, video, or media.
“Adjudicator” refers to the administrator who reviews the evidence and the Investigative Report and determines responsibility and sanctions thereof. Typically, the adjudicator is a) the Dean of Student Guidance for Student Responding Parties and b) the Vice President of Human Resources for Personnel Responding Parties.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”) is a federal statute codified at 20 U.S.C. § 1092(f), with implementing regulations in the U.S. Code of Federal Regulations at 34 C.F.R. 668.46. The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses.
A “Complaint” is an allegation of Sexual Misconduct asserted against another party and reported to or filed with the College.
“Consent” is informed, freely and actively given and mutually understandable words or actions that indicate a willingness to participate in mutually agreed-upon sexual activity. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to engage in certain conduct with each other. Consent cannot be gained by ignoring or acting in spite of the objections of another.
Consent cannot be inferred from:
1) Silence, passivity, or lack of resistance alone;
2) A current or previous dating or sexual relationship alone (or the existence of such a relationship with anyone else);
4) The buying of dinner or the spending of money on a date; or
5) Consent previously given (i.e., Consenting to one sexual act does not imply Consent to another sexual act). Consent is not effective if it is obtained through the use of physical force, violence, duress, intimidation, coercion or the threat, expressed or implied, of bodily injury. Whether a party used intimidation or coercion to obtain Consent will be determined by reference to the perception of a reasonable person found in the same or similar circumstances.
Consent may never be given by:
a) Minors, even if the other participant did not know the minor’s age;
b) Mentally disabled persons, if their disability was reasonably knowable to a sexual partner who is not mentally disabled; or
c) Persons who are incapacitated (whether as a result of drugs, alcohol or otherwise), unconscious, asleep or otherwise physically helpless or mentally or physically unable to make informed, rational judgments. The use of alcohol or drugs does not diminish one’s responsibility to obtain Consent and does not excuse conduct that constitutes Sexual Misconduct under these Procedures.
If at any time during a sexual act any confusion or ambiguity is or should reasonably be apparent on the issue of Consent, it is incumbent upon each individual involved in the activity to stop and clarify the other’s willingness to continue and capacity to Consent. Neither party should make assumptions about the other’s willingness to continue.
“Constructive Notice” includes but is not limited to situations in which the pervasiveness of the harassment may be enough to conclude that the College should know of the hostile environment, the harassment is widespread, openly visible, or well known to students and/or staff, or a report is made to an employee who had a reporting duty to a supervisor, but failed to do so.
“Dating Violence” means violence committed by a person
1) Who is or has been in a social relationship of a romantic or intimate nature with the alleged victim/survivor or Reporting Party; and
2) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
a) The length of the relationship,
b) The type of relationship, and
c) The frequency of interaction between the persons involved in the relationship.
A “day” is a business day, unless otherwise specified.
Deputy Title IX Coordinator
The College’s Deputy Title IX Coordinator works under the oversight of the Title IX Coordinator to assist with the handling of Title IX-related Complaints. The Title IX Coordinator may, at his or her discretion, assign a Deputy Title IX Coordinator as the acting Title IX Coordinator in connection with a given Complaint.
“Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the alleged victim/survivor or Reporting Party, by a person with whom the alleged victim/survivor or Reporting Party shares a child in common, by a person who is cohabiting with or has cohabited with the alleged victim/survivor or Reporting Party as a spouse or intimate partner, by a person similarly situated to a spouse of the alleged victim/survivor or Reporting Party under the domestic or family violence laws of the State of Texas, or by any other person against an adult or youth alleged victim/survivor or Reporting Party who is protected from that person’s acts under the domestic or family violence laws of the State of Texas.
The Family Educational Rights and Privacy Act (“FERPA”) is a federal statute codified at 20 U.S.C. § 1232g, with implementing regulations in the U.S. Code of Federal Regulations at 34 C.F.R. 99. FERPA protects the privacy of student education records. FERPA grants to parents or eligible students the right to access, inspect, and review education records, the right to challenge the content of education records, and the right to consent to the disclosure of education records.
The “Investigator” is a neutral fact-finder who is designated by the Title IX Coordinator to investigate a Complaint. The Investigator will be trained regularly on (1) reasonable and appropriate investigative techniques, (2) issues related to Sexual Misconduct, and (3) how to conduct an investigation that protects the safety of alleged victims/survivors or Reporting Parties and promotes accountability.
Non-forcible Sex Act
A “Non-forcible Sex Act” is an unlawful sexual act where Consent is not relevant, such as sexual contact with an individual under the statutory age of Consent, as defined by Texas law, or between persons who are related to each other within degrees wherein marriage is prohibited by law.
Personally Identifiable Information
“Personally Identifiable Information” as defined by FERPA includes, but is not limited to:
1) A student’s name;
2) The name of a student’s parent(s) or other family members;
3) The address of a student or a student’s family;
4) A personal identifier, such as a student’s social security number, student number, or biometric record;
5) Other indirect identifiers, such as a student’s date of birth, place of birth, or mother’s maiden name;
6) Other information that, alone or in combination, is linked or linkable to a specific student and that would allow a reasonable person in the College community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
7) Information requested by a person whom the College reasonably believes knows the identity of the student to whom the education record relates.
“Rape” is the act of sexual intercourse or penetration (anal, oral or vaginal), however slight, with any body part or any object, by a man or a woman upon a man or a woman, without Consent, including vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact).
The “Reporting Party” is an alleged victim/survivor of Sexual Misconduct who chooses to file a Complaint and participate in the College’s investigation and resolution of the alleged Sexual Misconduct.
The “Responding Party” is an individual who has been accused of committing Sexual Misconduct by the reporting or filing of a Complaint.
The College’s “Responsible Employees” are all College employees not designated as “Strictly Confidential Resources” in Article II of these Procedures.
“Retaliation” means any adverse action threatened or taken against a person because he or she has filed, supported, or provided information in connection with a Complaint of Sexual Misconduct, including but not limited to direct and indirect intimidation, threats, and harassment.
“Sex Discrimination” means adverse treatment of any individual based on sex, gender, gender identity, rather than individual merit. Sex discrimination may also include abusive or harassing behavior, whether verbal or physical, that demeans or intimidates another individual because of sex.
“Sexual Assault” means any actual, attempted, or threatened sexual act with another person without that person’s Consent. Sexual Assault includes but is not limited to:
1) Rape and attempted Rape;
2) Intentional and unwelcome sexual touching (including disrobing or exposure), however slight, with any body part or any object, by a man or a woman upon a man or a woman, without effective Consent, of a person’s breasts, buttocks, groin, or genitals (or clothing covering such areas), or coercing, forcing, or attempting to coerce or force another to touch you, themselves, or a third party with any of these body parts or areas when such touching would be reasonably and objectively offensive;
3) Any sexual act in which there is force, violence, or use of duress or deception upon the victim/survivor;
4) Any sexual act perpetrated when the victim/survivor is unable to give Consent; and
5) Sexual intimidation, which includes but is not limited to:
a) Threatening, expressly or impliedly, to commit a sexual act upon another person without his or her Consent,
b) Stalking or cyber-stalking, and
c) Engaging in indecent exposure.
“Sexual Exploitation” means any act of taking non-Consensual, unjust or abusive sexual advantage of another person for one’s own advantage or benefit or to benefit or advantage anyone other than the person being exploited. Sexual Exploitation includes, but is not limited to:
1) Causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such person;
2) Prostituting another person (i.e., personally gaining money, privilege or power from the sexual activities of another);
3) Non-Consensual videotaping, photographing, or audio-taping of sexual activity and/or distribution of these materials via media such as, but not limited to, the Internet;
4) Exceeding the boundaries of Consent (e.g., allowing another person to observe Consensual sex without the knowledge of or Consent from all participants);
5) Voyeurism; and
6) Knowingly or recklessly transmitting a sexually transmitted disease (including HIV) to another individual.
“Sexual Harassment” is any unwelcome verbal, nonverbal, written, electronic or physical conduct of a sexual nature. Examples of Sexual Harassment include:
1) Quid Pro Quo Sexual Harassment, which refers to incidents in which submission or consent to the behavior is reasonably believed to carry consequences for the individual’s education, employment, or participation in a College activity. Examples of this type of sexual harassment include:
a) Pressuring an individual to engage in sexual behavior for some educational or employment benefit, or
b) Making a real or perceived threat that rejecting sexual behavior will carry a negative educational or employment consequence for the individual.
2) Hostile Environment Sexual Harassment, which refers to incidents in which the behavior is so severe or pervasive that it has the effect of substantially interfering with the individual’s work or educational performance by creating an intimidating, hostile, or demeaning environment for employment, education, or participation in a College activity. Examples of this type of sexual harassment include:
a) One or more instances of Sexual Assault;
b) Persistent unwelcome efforts to develop a romantic or sexual relationship;
c) Unwelcome sexual advances or requests for sexual favors;
d) Unwelcome commentary about an individual’s body or sexual activities;
e) Repeated and unwelcome sexually-oriented teasing, joking, or flirting; and
f) Verbal abuse of a sexual nature.
Sexual harassment also includes acts of intimidation, bullying, aggression or hostility based on gender or gender-stereotyping, even if the acts do not involve conduct of a sexual nature.
“Sexual Misconduct” means any unwelcome conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without Consent. Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by men or by women, and it can occur between people of the same or different sex. Sexual Misconduct also includes complicity in Sexual Misconduct. The College encourages reporting of all Sexual Misconduct. Sexual Misconduct includes but is not limited to:
1) Dating Violence;
2) Domestic Violence;
3) Non-forcible Sex Acts;
4) Sexual Assault;
5) Sexual Exploitation;
6) Sexual Harassment; and
“Stalking” means engaging in a course of conduct 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.
For purposes of this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim/survivor.
Strictly Confidential Resources
The College’s “Strictly Confidential Resources” are set forth in Article II(d)(ii)(1).
Title IX Coordinator
The College’s Title IX Coordinator is Maryann Hailey, whose office is in Room 314 of the Gooch One Stop Center on the Corsicana Campus. This office can be contacted by phone at (903) 875-7375 / (903) 875-7379 or by email at firstname.lastname@example.org. The Title IX Coordinator has ultimate oversight responsibility for handling Title IX–related complaints and for identifying and addressing any patterns or systemic problems involving Sexual Misconduct. The Title IX Coordinator is available to meet with individuals who are involved with or concerned about issues or College processes, incidents, patterns or problems related to Sexual Misconduct on campus or in College programs. All allegations involving Sexual Misconduct should be directed to the Title IX Coordinator or other designated College individuals or offices as outlined in the Sexual Misconduct Policy and these Procedures.