Title IX

Tyler Junior College seeks to eliminate sex discrimination and sexual harassment by educating the college community, including supervisors and faculty members about what constitutes sex discrimination and sexual harassment, how to prevent it and how to report it.

The FAQs provided help answer basic questions about Title IX and each person’s role in preventing it:

Does the complaint remain confidential?

A formal complaint (as explained in Section 2 herein) cannot be kept confidential and may not be reported anonymously. An incident report may be filed anonymously but confidentiality is not guaranteed. If confidentiality is not able to be kept, it will still be tightly controlled on a need-to-know basis.

If you report an act of alleged sexual harassment, police may be notified.

This does not mean charges will be automatically filed or that a victim must speak with the police, but the campus is legally required to notify law enforcement authorities in some circumstances. The campus also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Will my parents be told?

Whether you are the complainant or the accused student, the campus’ primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents or guardian or another family member. College officials will directly inform these individuals when requested to do so by a student, or in certain instances allowed by law where a health or safety emergency exists.

Do I have to name the perpetrator?

Yes, if you want formal disciplinary action to be taken against the alleged perpetrator, file a formal complaint. No, if you do not file a formal complaint and, thus, do not request a formal investigation. Understand that the campus’ ability to insure the health and safety of its members is compromised when serious allegations cannot be addressed.

What do I do if I am accused of sexual harassment?

Do not contact the alleged victim. You may immediately want to contact someone in the campus community who can act as your advisor. You may also contact the appropriate Title IX Coordinator, who can explain the campus’ procedures for dealing with sexual misconduct complaints.

What about changing residence hall rooms?

If you want to move, you may request a room change. Room changes under these circumstances are not guaranteed.

The alleged perpetrator may be moved or removed from campus depending on the facts reported, and the length or permanence of this action will be based upon a number of factors including the need for continuing temporary action against the accused.

What are support measures?

Even if no formal complaint is filed, the college can offer supportive measures to an alleged victim of sexual harassment that occurs within its educational program or activity. Filing an incident report gives the college knowledge of the allegations of sexual harassment so that such support measures may be offered. Filing an incident report gives the college knowledge of the allegations of sexual harassment so that such support measures may be offered. Examples of such measures may include but are not limited to: counseling, no contact orders, changing classes, escort services, extending deadlines, leave of absence or similar measures.

What do I do about preserving evidence of a sexual assault?

Physical evidence of a criminal sexual assault must be collected quickly after the same assault. If you believe you have been a victim of a criminal sexual assault, you should dial 911 for the local authorities. If you go to the hospital, local police will be called, but you are not obligated to talk to the police or prosecute.

It is easier to investigate and prosecute cases that have physical evidence, but it is not impossible to go forward without it. You can file a report or ask the police to pursue charges even if you have not had evidence collected.

Will a student be sanctioned when reporting a sexual misconduct policy violation if he/she has illegally used drugs or alcohol?

The severity of the infraction will determine the nature of the campus’ response, but whenever possible the College will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual misconduct is a major concern and the campus does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.

Where can I obtain additional information?Your questions can be answered by:

• E-mailing the formal complaint form to: Jacqueline.Lozano@tjc.edu  
• Contacting the Compliance Officer/Title IX Coordinator, Jacqueline Lozano, at 903-510-3155, or via email at Jacqueline.Lozano@tjc.edu  
• Visiting policy FFDA(LOCAL) STUDENT WELFARE- FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION - SEX AND SEXUAL VIOLENCE
• Visiting policy DIAA(LOCAL) - EMPLOYEE WELFARE - FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION -SEX AND SEXUAL VIOLENCE
• Visiting policy FLD(REGULATION) - STUDENT RIGHTS AND RESPONSIBILITIES - STUDENT COMPLAINTS
• Visiting policy DGBA(LOCAL) - PERSONNEL-MANAGEMENT RELATIONS - EMPLOYEE COMPLAINTS