Reporting Procedures

STUDENT REPORT

Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to the Title IX coordinator or another employee or submit the report electronically through the College District’s website. Although you may submit an anonymous electronic report, the submission of an anonymous electronic report may impair the College District’s ability to investigate and address the prohibited conduct. The form to file a complaint can be found on the Title IX page on the TSC website.

A victim of a crime has the right to choose whether to report the crime to law enforcement, to be assisted by the College District in reporting the crime to law enforcement, or to decline to report the crime to law enforcement. It is important that a victim of prohibited conduct go to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident.

REPORT FORMAT

A report may be made orally, electronically, or in writing. The Vice-President of Finance and Administration or designee shall reduce any oral reports to written form.

PROHIBITED CONTACT

The Vice-President of Finance and Administration or designee shall determine whether the allegations in the report, if proven, would constitute prohibited conduct as defined by policy FDE, including harassment or discrimination on the basis of race, color, religion, gender, national origin, or disability. If so, the College District shall proceed under policy FFDA instead.

DEFINTION OF COLLEGE DISTRICT OFFICIALS

For the purposes of this policy, College District officials are the Title IX Coordinator and the College President.

Reports of discrimination based on sex, including sexual harassment or gender-based harassment, may be directed to the Title IX Coordinator. The College District designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:

Name: Lilia Leal Garcia
Position: Title IX Coordinator
Address: 80 Fort Brown- Tandy 105, Brownsville, TX 78520
Telephone: 956-295-377
E-Mail: lilia.lealgarcia@tsc.edu

The College President or designee shall serve as coordinator for purposes of College District compliance with all other antidiscrimination laws.

INVESTIGATION OF THE REPORT

The Title IX Coordinator or Deputy Coordinator shall conduct an appropriate investigation based on the allegations in the report. The Title IX Coordinator shall promptly take interim action calculated to prevent bullying, dating violence, or retaliation, as defined by this policy, during the course of an investigation, if appropriate.

The College District may request, but shall not require, a written report. If a report is made orally, the College District official shall reduce the report to written form.

CONCLUDING THE INVESTIGATION

Absent extenuating circumstances, the investigation should be completed within ten College District business days from the date of the initial report alleging bullying, dating violence, or retaliation, as defined by this policy; however, the Vice-President of Finance and Administration or designee shall take additional time if necessary, to complete a thorough investigation.

The investigator shall prepare a written report of the investigation. The report shall be filed with the College District official overseeing the investigation.

The College District shall provide written notice of the outcome, within the extent permitted by the Family Educational Rights and Privacy Act (FERPA) or other law, to the victim and the person against whom the complaint is filed. The parties shall be given the opportunity to respond to the report.

COLLEGE DISTRICT ACTION

The College District shall determine, based on the results of the investigation, whether each individual allegation of misconduct occurred using a preponderance of the evidence standard. If the results of an investigation indicate that prohibited conduct occurred, the College District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct, in accordance with College

District policy and procedures. [See FM and FMA]

CORRECTIVE ACTION

Examples of corrective action may include:

  • Providing counseling for the victim and the student who engaged in prohibited conduct;
  • Permitting the victim or student engaged in the prohibited;
  • Conduct to drop a course in which they both are enrolled without penalty;
  • Conducting follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred;
  • Involving students in efforts to identify problems and improve;
  • the College District climate;
  • Increasing staff monitoring of areas where prohibited conduct has occurred;
  • Reaffirming the College District’s policy against discrimination and harassment;
  • Providing a training program for those involved in the complaint; and
  • Providing a comprehensive education program for the College District community.

EXCEPTION

The College District shall minimize attempts to require a student who complains of sexual harassment to resolve the problem directly with the person who engaged in the harassment; however, if that is the most appropriate resolution method, the College District shall be involved in an appropriate manner.

IMPROPER CONDUCT

If the investigation reveals improper conduct that did not rise to the level of prohibited conduct, the College District may take disciplinary action in accordance with College District policy and procedures, or other corrective action reasonably calculated to address the conduct.

CONFIDENTIALITY

To the greatest extent possible, consistent with law, the College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.

APPEAL

A party who is dissatisfied with the outcome of the investigation may appeal through the applicable grievance policy beginning at the appropriate level. [See FLD(LOCAL) for students, and GB(LOCAL) for community members] A party shall be informed of his or her right to file a complaint with the U.S. Department of Education Office for Civil Rights.

RECORDS RETENTION

Retention of records shall be in accordance with the College District’s records of retention procedures. [See CIA]

ACCESS TO POLICY AND PROCEDURES

Information regarding this policy and accompanying procedures shall annually be made available to Texas Southmost College students and shall be published on the College District’s website. Copies of the policy and procedures shall be readily available at the TSC Office of Human Resources.