Complaints Alleging Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Intimate Partner Violence, and Stalking

Complaint Procedure 400

400.1 Scope

This procedure addresses sexual harassment, sexual violence, dating violence, sexual misconduct, domestic violence or stalking (see Sections 3.3 and 3.6 of the Code of Student Conduct). Students may use this procedure to file a complaint against another a student, a College employee, College contractors or third parties who are visiting the College or participating in a College activity. For ease of reference, the phrase “sexual misconduct” occasionally is used to encompass all categories addressed in this procedure.

Prohibited conduct may be verbal or physical and proof of force or physical injury is not required. The parties may be the opposite sex or the same sex. In determining whether sanctionable conduct has occurred, the College may consider the on-campus impact of incidents that occurred off campus.

This complaint procedure constitutes a grievance procedure required by Title IX of the Education Amendments of 1972. As used in this procedure, “complaint” and “grievance” are synonymous.

Title IX is a federal statute that prohibits discrimination on the basis of gender in education programs. The College has appointed Title IX Coordinators who facilitate the College’s compliance with Title IX and other laws that prohibit discrimination. These officials can assist students with claims of sexual harassment, sexual assault, dating violence, domestic violence and stalking.

Note: A student’s procedural rights under Complaint Procedure 400 are subject to change, depending on future amendments to federal regulations.  Students and employees are advised to consult the website versions of Complaint Procedure 400 for the most current copy of the applicable procedures. 

400.2 Title IX Discrimination Prevention Team

Associate Vice Chancellor of Student Services
Joanna Zimmermann (students)—Co-Lead Title IX Coordinator
8060 Spencer Highway
Pasadena, Texas 77505
joanna.zimmermann@sjcd.edu
281-476-1863

Vice Chancellor, Human Resources, Organizational and Talent Effectiveness
Sandra Ramirez (employees)—Co-Lead Title IX Coordinator and Equal Opportunity Compliance Officer
4624 Fairmont Parkway, Pasadena, Texas 77504
sandra.ramirez@sjcd.edu
281-998-6348

Vice Chancellor, Strategic Initiatives, Workforce Development, Community Relations and Diversity
Allatia Harris (equity in athletics)
8060 Spencer Hwy., Pasadena, TX 77505
allatia.harris@sjcd.edu
281-459-7140

Vice President, Human Resources
Vickie Del Bello (employees)
4620 Fairmont Parkway
Pasadena, Texas 77504
vickie.delbello@sjcd.edu
281-998-6357

Director of Employee Relations
TBD (employees)
4620 Fairmont Parkway
Pasadena, Texas 77504
281-998-6357

Dean of Compliance & Judicial Affairs
Clare Iannelli (students)
8060 Spencer Highway
Pasadena, Texas 77505
clare.iannelli@sjcd.edu
281-478-2756

Compliance Officer
Danessa Trahan (students)
8060 Spencer Highway
Pasadena, Texas 77505
danessa.trahan@sjcd.edu
281-478-2756

Compliance Officer
Erin Dickson (students)
8060 Spencer Highway
Pasadena, Texas 77505
erin.dickson@sjcd.edu
281-478-2756

Dean of Student Development—Central Campus
Shelley Rinehart (students)
8060 Spencer Highway,
Pasadena, Texas 77505
shelley.rinehart@sjcd.edu
281-998-6150, ext. 1012

Dean of Student Development—North Campus
Tami Kelly (students)
5800 Uvalde Road
Houston, Texas 77049
tami.kelly@sjcd.edu
281-459-7653

Dean of Student Development—South Campus
Debbie Smith (students)
13735 Beamer Road
Houston, Texas 77089
deborah.smith@sjcd.edu
281-922-3455

Provost - Central Campus
Van Wigginton
8060 Spencer Highway,
Pasadena, Texas 77505
van.wigginton@sjcd.edu
281-542-2000

Provost - North Campus
William Raffetto
5800 Uvalde Road
Houston, Texas 77049
william.raffetto@sjcd.edu
281-459-7101

Provost - South Campus
Brenda Jones
13735 Beamer Road
Houston, Texas 77089
brenda.jones@sjcd.edu
281-922-3403

In addition to the Title IX Coordinators, other College employees are designated as “responsible officials” who have reporting duties. The following employees have a duty to report alleged instances of sexual harassment and sexual misconduct:

  • Chancellor, the Deputy Chancellor and President, Vice Chancellors, Associate Vice Chancellors, Assistant Vice Chancellors, Vice Presidents, Provosts, and Deans
  • Registrar
  • Faculty and Department Chairs
  • Police Department personnel
  • Risk Management personnel
  • Human Resources personnel
  • Athletics personnel
  • Directors and Managers

400.3 Reporting Options

Students have several options when reporting sexual harassment, sexual assault, domestic violence, dating violence or stalking. They may seek informal guidance from College counselors or other College officials or they may file a formal College grievance. Students also may file a report directly with the College police or any local law enforcement agency. Students are not required to file a police report in order to receive assistance from the College. Additionally, reporting an offense does not commit the student to pursuing further legal action. Students who desire assistance in order to make a police report may contact the Dean of Compliance & Judicial Affairs or Compliance Officer, the Counseling Office or the Title IX Coordinator.

San Jacinto College Police Department:
From campus phone: 5555
From cell phones: 281-476-9128
Non-emergency: 281-476-1820

Hearing Impaired Phone Number for text messages:
713-469-1071

Houston Police Department: 713-884-3131  
(non-emergency)

Pasadena Police Department: 713-447-1511;
713-477-1221 (non-emergency)

400.3.1 Assistance for Victims – Confidential and Non-Confidential Options

Students who have experienced a sexual assault, sexual violence, stalking, domestic violence or other crimes may seek advice, assistance and resources from the Compliance & Judicial Affairs office, the Educational Planning, Counseling, & Completion office or the College’s Title IX Coordinator. Individuals within these offices can assist the reporting party with accessing medical or counseling services, advocacy services, social support services, legal services and police services. Even in the absence of a formal complaint, the College may be able to provide assistance to the reporting party with respect to his or her academic, living, transportation, or working situations. For example, a student might wish to explore changing a class or class time.

Contact information for the San Jacinto College Educational Planning, Counseling, & Completion Department:

Central Campus: 281-478-2768
North Campus: 281-459-7192
South Campus: 281-922-3444

Off-campus resources include the following:

The Houston Area Women’s Center: 713-528-7273

The Bridge Over Troubled Waters – 24 hour hotline:
713-473-2801

Confidential Communications: In response to an act of sexual harassment or sexual violence, a victim may be unsure whom to contact for information about options and resources. Some victims may prefer a confidential consultation before deciding on a course of action. Most San Jacinto College personnel will have a duty to report complaints that come to their attention. Below, this procedure addresses when confidentiality may be honored.

Confidential communications are those communications that cannot be disclosed to another person without the reporter’s consent, except under very limited circumstances such as an imminent threat or danger to self or others. Victims may speak confidentially with a licensed professional counselor in the College’s Educational Planning, Counseling & Completion offices: North Campus: 281-459-7192; Central Campus: 281-478-2768; South Campus: 281-922-3444, pastoral counselors in the community, medical personnel, licensed social workers and victims’ advocates. These individuals may assist victims in reviewing their options and identifying resources. These individuals are not required to report incidents of sexual harassment, sexual violence or sexual misconduct to the College’s Title IX Coordinator.

Victims also may choose to speak confidentially with advisors, educational planners, and front-desk staff in the Educational Planning, Counseling, & Completion office. These individuals are not professional counselors but have been specially designated to serve as a resource where students may obtain information about this procedure and about support services. These individuals are not required to report the names of victims to the College’s Title IX Coordinator. However, these individuals will be required to report de-identified information such as the date, time and nature of the incident. The purpose of this general reporting obligation is to enable the College to identify patterns or trends involving sexual harassment or violence.

Non-Confidential Communications: “Responsible employees” as listed in Section 400.2 may be required to report allegations of sexual harassment, sexual misconduct or sexual assault, even if they have been requested by the person confiding in them to keep the discussion confidential. Non-confidential communications consist of those communications that will be disseminated to the Title IX Coordinator and others on a need-to-know basis in order to ensure that necessary steps are taken to protect the community as a whole and appropriate disciplinary measures are considered and taken if warranted. The employees identified in Section 400.2 have a reporting obligation. They must report to the Title IX Coordinator all relevant details of the occurrence, including names of those involved and relevant facts including date, time and location.

When receiving a sexual misconduct report from an alleged victim, responsible employees shall notify the victim that

  1. the employee has an obligation to report the complaint to the Title IX Coordinator and
  2. the alleged victim may request confidentiality, which will be evaluated by the Title IX Coordinator.

The responsible employee shall also inform the alleged victim that he or she may speak confidentially with a licensed professional counselor, pastoral counselor or others identified in this procedure and that those communications will not be reported to the Title IX Coordinator without the alleged victim’s consent.

Requests for Confidentiality: To the greatest extent possible, the College shall maintain the confidentiality of information and records related to investigations of complaints based on sexual harassment and sexual misconduct. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law. A Title IX Coordinator will evaluate a student’s request for confidentiality in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for the entire college community. The Title IX Coordinator will make every effort to respect a student’s request for confidentiality; however, there are situations in which the College must override a student’s request for confidentiality in order to meet its Title IX obligations. When weighing a student’s request for confidentiality that could preclude a meaningful investigation or potential discipline of the respondent, the College will consider a range of factors. These factors include, but are not limited to,

  1. circumstances that suggest there is a risk of the respondent committing additional acts of sexual violence or other violence (e.g., whether there have been other sexual violence complaints about the same respondent, whether the respondent has a history of arrests, etc.);
  2. whether the sexual violence was perpetrated with a weapon;
  3. the age of the student subjected to the sexual violence; and
  4. whether the school possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence).

If the College determines that it must disclose a reporting party’s identity to a respondent, it will inform the reporting party prior to making this disclosure and take whatever interim measures are necessary to protect the reporting party and ensure the safety of others.

Finally, while federal law requires San Jacinto College to include certain reported incidents of sexual assault, domestic violence, dating violence and stalking among its annual campus crime statistics, such information will be reported in a manner that does not identify victims.

Complaints involving victims under the age of 18: Complaints involving abuse of minors must be reported to Children’s Protective Services or other law enforcement agencies. The phone number for the Texas Department of Family and Protective Services is 1-800-252-5400.

400.4 Evidence Preservation in Sexual Assault Cases/Medical Exams

If a student experiences a sexual assault or other criminal offense, it is important that the student take action to preserve evidence. Such evidence will be helpful in the event that the victim seeks a protective order or desires to pursue a criminal prosecution. Victims of sexual assault should not wash, shower, bathe or change clothes prior to a medical exam or treatment. If the victim needs to remove an item of clothing, it should be placed in a paper bag (not a plastic bag). Instead of changing clothes, the victim may separately bring a change of clothing to the hospital to wear after the examination. Evidence of violence, such as visible injuries or bruising or damage to a vehicle, will need to be photographed. Likewise, evidence of emails, text messages or phone messages must be preserved and not deleted or altered.

Students who have just experienced a sexual assault or other sexual violence should call 911 and locate a safe place. If the incident occurred on campus, the student should contact Campus Police. Campus Police assistance is available 24 hours a day. Campus personnel may assist the victim in obtaining transportation to a hospital or clinic, a police department or other location. Prompt medical attention in a case of recent assault is necessary to document and treat any injuries and screen for certain medical conditions or transmitted diseases. Victims may receive a medical exam with or without police involvement. A nurse examiner may perform a Sexual Assault Forensic Exam (SAFE). Such exams generally are available in hospital emergency rooms.

400.5 Filing a Complaint

400.5.1 Informal Resolution

A student may, at any time, meet with a counselor or any member of the Title IX/Discrimination Prevention Team to discuss the student’s options. No student is required to contact the alleged offender regarding the offender’s alleged conduct.

A student may seek informal resolution by contacting the appropriate Dean or any member of the Title IX/Discrimination Prevention Team. Informal resolution may include a meeting between the Compliance and Judicial Affairs representative and the respondent to reinforce the requirements of the College’s policy against harassment. Informal resolution is not a precondition to filing a formal complaint. Further, if informal resolution is undesirable or ineffective, then the reporting party may initiate a formal complaint at any time.

400.5.2 Formal Complaint Process

Although students may file a complaint at any time, the College encourages students to report their concerns as soon as possible after the alleged incident(s) so that prompt action can be taken to investigate and resolve the complaint. A delay in reporting may result in a loss of evidence or witness memory or availability. Students are encouraged to file complaints during the same semester that the alleged incidents occurred or within 30 calendar days of the conclusion of the semester.

The reporting party is encouraged to submit written complaints that describe all incident(s) or action(s) considered by the reporting party to be harassing or violent. Reporting parties should provide the following information:

  • Contact information, including address, telephone and email;
  • Name of person(s) directly responsible for alleged violation(s);
  • Date(s) and place(s) of alleged violations;
  • Nature of alleged violation(s) as defined in this policy;
  • Detailed description of the specific conduct that is the basis of alleged violation(s);
  • Copies of documents, emails, text messages, photos or other physical evidence pertaining to the alleged violation(s);
  • Names of any witnesses to alleged violation(s);
  • Action requested to resolve the situation;
  • Reporting party’s signature and date of filing; and
  • Any other relevant information.

The student’s failure to provide the information requested above may adversely impact of the College to conduct a complete and thorough investigation and may limit the College’s ability to take appropriate corrective action.

Where to file the complaint:
Complaints alleging misconduct by a student shall be filed with any member of the Title IX/Discrimination Prevention Team who addresses student concerns.

Complaints alleging misconduct by an employee or campus visitor shall be filed with any member of the Title IX/Discrimination Prevention Team who addresses employee concerns.

To ensure that all student complaints are properly processed, any College administrator who receives a complaint under this procedure shall promptly notify the Title IX Coordinator and the Associate Vice Chancellor of Student Services in writing.

Associate Vice Chancellor of Student Services
Joanna Zimmermann (students)—Co-Lead Title IX Coordinator
8060 Spencer Highway
Pasadena, Texas 77505
joanna.zimmermann@sjcd.edu
281-476-1863

Vice Chancellor, Human Resources, Organizational and Talent Effectiveness
Sandra Ramirez (employees)—Co-Lead Title IX Coordinator and Equal Opportunity Compliance Officer
4624 Fairmont Parkway, Pasadena, Texas 77504
sandra.ramirez@sjcd.edu
281-998-6348

Vice Chancellor, Strategic Initiatives, Workforce Development, Community Relations and Diversity
Allatia Harris (equity in athletics)
8060 Spencer Hwy., Pasadena, TX 77505
allatia.harris@sjcd.edu
281-459-7140

Vice President, Human Resources
Vickie Del Bello (employees)
4620 Fairmont Parkway
Pasadena, Texas 77504
vickie.delbello@sjcd.edu
281-998-6357

Director of Employee Relations
TBD (employees)
4620 Fairmont Parkway
Pasadena, Texas 77504
281-998-6357

Dean of Compliance & Judicial Affairs
Clare Iannelli (students)
8060 Spencer Highway
Pasadena, Texas 77505
clare.iannelli@sjcd.edu
281-478-2756

Compliance Officer
Danessa Trahan (students)
8060 Spencer Highway
Pasadena, Texas 77505
danessa.trahan@sjcd.edu
281-478-2756

Compliance Officer
Erin Dickson (students)
8060 Spencer Highway
Pasadena, Texas 77505
erin.dickson@sjcd.edu
281-478-2756

Dean of Student Development—Central Campus
Shelley Rinehart (students)
8060 Spencer Highway,
Pasadena, Texas 77505
shelley.rinehart@sjcd.edu
281-998-6150, ext. 1012

Dean of Student Development—North Campus
Tami Kelly (students)
5800 Uvalde Road
Houston, Texas 77049
tami.kelly@sjcd.edu
281-459-7653

Dean of Student Development—South Campus
Debbie Smith (students)
13735 Beamer Road
Houston, Texas 77089
deborah.smith@sjcd.edu
281-922-3455

Provost - Central Campus
Van Wigginton
8060 Spencer Highway,
Pasadena, Texas 77505
van.wigginton@sjcd.edu
281-542-2000

Provost - North Campus
William Raffetto
5800 Uvalde Road
Houston, Texas 77049
william.raffetto@sjcd.edu
281-459-7101

Provost - South Campus
Brenda Jones
13735 Beamer Road
Houston, Texas 77089
brenda.jones@sjcd.edu
281-922-3403

400.5.3 Processing and Investigating the Complaint

The Title IX Coordinator or designee will evaluate the complaint to determine whether it is covered by this procedure. A formal investigation will be initiated if a complaint is within the scope of this policy and articulates sufficient specific facts, which if determined to be true, would support a finding that the College’s policy was violated. The College may decline to process a complaint under a variety of circumstances, including

  1. the complaint does not describe conduct covered by this procedure;
  2. the student declines to cooperate in the College’s investigation; or
  3. the complaint has been withdrawn or the requested remedy has already been implemented or was offered and rejected.

If the College declines to process a complaint pursuant to this procedure, the College shall send the student a written notification explaining the reasons.

If the Compliance and Judicial Affairs Office proceeds with a complaint investigation, the Title IX Coordinator or designee shall determine whether interim action is needed pending completion of an investigation (e.g., a mutual no-contact order, temporary reassignment, or emergency suspension under Section 6.0). The College shall make every effort to avoid depriving any student of his or her education prior to a ruling on the merits.  The College may remove a respondent from an education program or activity on an emergency basis only after undertaking an individualized safety and risk analysis, determining that an immediate threat to the health or safety of others justifies removal, and providing the respondent with notice and an opportunity to challenge the removal immediately following the removal. The Title IX Coordinator shall appoint an impartial investigator who is not a member of the affected department (e.g., a complaint by a student athlete will be investigated by someone outside the athletic department) to investigate the complaint. In cases in which the respondent is a student, the investigator typically will be the Dean of Compliance & Judicial Affairs or Compliance Officer. In cases in which the complaint is filed against an employee, the Employee Relations department typically will conduct the investigation. In some instances, a team comprised of Compliance & Judicial Affairs and Employee Relations will conduct the investigation together.

The Title IX Coordinator or designee shall notify the reporting party and the respondent of the name and contact information of the investigator(s). The respondent shall be informed of his or her right to submit a written response to the allegations within 10 working days, unless unusual circumstances warrant additional time. The written notice shall inform the respondent that retaliation against the reporting party is prohibited and may result in disciplinary action.

400.5.4 Time Frame for Investigation

Barring unusual circumstances (e.g., multiple reporting parties, a complaint filed the day before the winter break), the investigation ordinarily will be completed as promptly as possible, typically within 60 to 90 days. An investigation shall commence even if a law enforcement agency is conducting a separate criminal investigation against the respondent. However, the College’s investigation may be temporarily delayed when requested by police investigators or the District Attorney’s Office. If the College’s investigation is temporarily delayed due to a pending criminal investigation, the reporting party and respondent will be notified of the reasons for the action. All deadlines in this procedure may be extended by mutual agreement or for good cause.

400.5.5 Interviews and Documentation

The investigator shall interview the reporting party, the respondent, and other individuals determined by the investigator to possess relevant information. The reporting party and the respondent each will be permitted to provide documentation or other tangible evidence to the investigator. The reporting party and the respondent may suggest witnesses to interview; however, the decision whether to interview is a matter of professional judgment for the investigator in light of the issues at hand, in light of the information already obtained in the investigation, and in light of the resources available.

400.5.6 Right to Representation

During meetings pertaining to the investigation and complaint process, the reporting party and the respondent may be represented or accompanied by an advisor. Advisors, however, may not actively participate in meetings or interview witnesses.

400.5.7 Review of Evidence and Investigative Reports

The investigator shall prepare a written report that summarizes the findings and states whether a preponderance of the evidence establishes a violation of the College’s policies. The investigator will consider the totality of circumstances, including the context and duration of the conduct and its severity. Facts will be considered on the basis of what is reasonable to persons of ordinary sensitivity.

If the respondent is a student, the report shall be submitted to the Associate Vice Chancellor of Student Services or designee. If the respondent is an employee or visitor, the report shall be submitted to the appropriate leader, which ordinarily will be the Provost, Vice President of Human Resources, or other Associate Vice Chancellor or Vice President. If a complaint is directed at an administrator who would otherwise act on the complaint, then the function assigned to that person will be assigned to another person.

The Associate Vice Chancellor of Student Services will permit the respondent and the reporting party to review the preliminary findings (with a copy to the Title IX Coordinator). Student identifiable information, if confidential by law, will be redacted. The respondent and the reporting party will each have 10 working days to provide comments and suggested corrections to the Associate Vice Chancellor. After receiving the comments from the parties (or if no comments are submitted), the Associate Vice Chancellor will confer with the investigator to discuss the preliminary findings and to review the investigation record. The Associate Vice Chancellor shall determine whether additional investigation is needed; whether to dismiss the complaint due to insufficient evidence; or whether to proceed with a disciplinary consequence or other corrective action. The action shall be reasonably calculated to prevent a reoccurrence of the misconduct and/or to ameliorate its impact. The Compliance and Judicial Affairs office’s final determination shall be sent to the respondent, the reporting party, and the Title IX Coordinator. The final determination may be redacted to protect student information that is confidential by law under the Family Educational Rights & Privacy Act.

400.6 Hearings and Appeals

If the investigation does not result in the assignment of disciplinary consequences against the respondent, the reporting party may submit a written appeal to the Provost or designee. The appeal must be submitted within five school days or receiving notice of the disposition of the complaint. The Provost or designee shall provide written notice to the respondent of the appeal. The appeal will be based on the written record. Both parties will have five school days to submit written comments. The Provost or designee shall review the record and issue a written response within 20 school days. A copy shall be provided to both parties.

If the respondent is a student and is proposed for major discipline (expulsion, a suspension exceeding five days, or revocation or withdrawal of a degree), he or she may request a hearing to challenge the charge and sanction under Section 4.8 of the Student Code of Conduct. If the proposed discipline involves a consequence that is less than expulsion, a suspension exceeding five days, or revocation or withdrawal of a degree, the respondent may request a hearing under Section 4.9 of the Student Code of Conduct. If the respondent or the reporting party is dissatisfied with the outcome of a disciplinary hearing, either (or both) may appeal the adverse ruling under Section 5.0; however, the appeal shall be heard by the Provost. The appeal must be submitted within five school days or receiving notice of the disposition of the complaint. The appeal will be based on the written record. The Provost or designee shall review the record and issue a written response within 20 school days. A copy shall be provided to both parties.

If the respondent waives the right to contest the charges, the Compliance and Judicial Affairs office shall, subject to the Family Educational Rights & Privacy Act, notify the Title IX Coordinator and the reporting party of the disposition of the charge against the respondent. The notice to the reporting party shall be issued simultaneously with the notice issued to the respondent. The notice shall inform the reporting party that both the reporting party and the respondent have a right to appeal the sanction to the Provost.

If the respondent is an employee and is assigned a disciplinary consequence, he or she may seek review in accordance with the employment policies of the College.

Any disclosure of the disposition or results from any proceeding involving a student will be governed by the Family Educational Rights and Privacy Act (FERPA) and other applicable law.

400.7 Reporting Party's Rights During Disciplinary Proceedings

In disciplinary hearings and appeals involving allegations of sexual harassment, sexual assault, dating violence, stalking, intimate partner violence or domestic violence (see Sections 3.3 and 3.6), the Compliance and Judicial Affairs office presenting the case shall, subject to the Family Educational Rights & Privacy Act, notify the Title IX Coordinator and the reporting party that the respondent has requested a hearing and the date and time of the hearing. The reporting party shall receive written notice of the following rights and options:

  • the right to attend and participate in the hearing;
  • the right to have his or her past sexual history excluded from evidence;
  • the right to provide testimony at the hearing in a manner that does not require the reporting party to directly confront or to be directly questioned by the respondent while preserving the respondent’s right to challenge such testimony;
  • the right to receive assistance from the College’s Title IX Coordinator;
  • the right to provide input to the Compliance and Judicial Affairs representative presenting the case regarding potential witnesses, evidence and argument that may be presented at the hearing or during a subsequent appeal;
  • the right to know the outcome of the hearing; and
  • the right to information regarding the procedure for appealing the final disposition.

The notice to the reporting party shall include a copy of the applicable disciplinary procedure. Additionally, the notice shall inform the reporting party of his or her right to be accompanied during any disciplinary proceeding by an advisor of his or her choice. If the reporting party intends to attend the hearing and/or to bring an advisor, he or she shall notify the Dean or Compliance Officer or designee in writing at least three business days prior to the hearing. The student’s advisor may not cross-examine witnesses or otherwise participate in the proceeding. An advisor may not be a witness in the matter.

The Dean or Compliance Officer or designee shall notify the respondent and the chairperson of the Appellate Board of the reporting party’s intent to attend the hearing.

400.8 Retaliation Prohibited

Every student has the right to file a complaint or to participate in an investigation without being subjected to retaliation. Retaliation is an adverse action taken by an employee or student against an individual who makes a good faith report of discrimination, harassment, or sexual misconduct or who participates in an investigation pertaining to a complaint of discrimination, harassment or sexual misconduct. For an action or decision to be considered adverse, it must be materially adverse and be of the type that would dissuade a reasonable person from exercising his or her rights to file a complaint or to participate in an investigation. Unlawful retaliation does not include petty slights or annoyances. Any employee or student who engages in retaliation may be subject to disciplinary action.

400.9 Office for Civil Rights

Students may file complaints of discrimination and harassment with the Office for Civil Rights, Department of Education, Washington, D.C., at the same time they file a grievance, during or after use of the grievance process, or without using the grievance process at all. If a student files a complaint with the Office for Civil Rights, the complaint must be filed no later than 180 days after the occurrence of the possible discrimination.

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

400.10 Campus Sex Crimes Prevention Act

In compliance with the Campus Sex Crimes Prevention Act (Section 1601 of“Public Law 106-386”) and the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, all persons required to register as part of the State of Texas Sex Offender Registration Program are required to provide notice of their presence on campus to the campus police department. Information on registered sex offenders can be obtained through the Texas Department of Public Safety Crimes Record Service at: records.txdps.state.tx.us/SexOffender.