Title IX
Safe Campus
To comply with legislative requirements for institutions receiving federal funds, Laredo College has established specific policies and procedures to address compliance with Title IX of the Higher Education Amendments of 1972 (20 U.S.C., Section 1681 Et. Seq. (Title IX)) which prohibits discrimination on the basis of sex in education programs or activities. Furthermore, sexual assault, dating violence, domestic violence, stalking, and sexual harassment are a form of sex discrimination which is prohibited by Title IX.
Laredo College complies with the legislative requirements with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), The Violence Against Women Act 2013 (VAWA) and the Campus Sexual Violence Elimination Act of 2013 (Campus SaVe). Any individual who has a complaint regarding Title IX prohibited behaviors needs to contact the Title IX Officer to address this complaint.
These policies and procedures apply to all students and employees at Laredo College.
General Information
The College District prohibits discrimination, including harassment, against any student on the basis of sex or gender. Retaliation against anyone involved in the complaint process is a violation of College District policy and is prohibited.
Discrimination against a student is defined as conduct directed at a student on the basis of sex or gender that adversely affects the student.
The following General Information addresses Title IX definitions regarding sexual assault and other conditions prohibited by the Title IX Law.
Sexual Harassment
Sexual harassment of a student by a College District employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal or nonverbal conduct; or other conduct or communication of a sexual nature when:
- A College District employee causes the student to believe that the student must submit to the conduct to participate in a college program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
- The conduct is so severe, persistent, or pervasive that it limits or denies the student's ability to participate in or benefit from the College District's educational program or activities.
Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal or nonverbal conduct when the conduct is so severe, persistent or pervasive that it limits or denies a student's ability to participate in or benefit from the College District's educational program and activities.
Sexual Violence
Sexual Violence is a form of sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol or due to an intellectual or other disability.
Sexual Assault
Sexual Assault as defined in 20 U.S.C. 1092(f)(6)(A)(v)
Dating violence as defined in 34 U.S.C. 1229(a)(11)
Domestic violence as defined in 34 U.S.C. 1229 (a)(12)
Stalking as defined in 34 U.S.C. 1229(a)(36)
- Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the Complainant including instances where the Complainant is incapable of giving consent.
- Forcible Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
- Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person's will or not forcibly or against the person's will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Sexual Assault with an Object: To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will or not forcibly or against the person's will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person's will (non-consensually) or not forcibly or against the person's will in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Sex Offenses, Nonforcible: Nonforcible sexual intercourse.
- Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Texas law.
- Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent of 17 years.
Dating Violence
Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
(Citation: 34 CFR 668.46)
Domestic Violence
Domestic violence is violence committed by:
- A current or former spouse or intimate partner of the victim;
- A person with whom the victim shares a child in common;
- A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- Any other member of the victim's family as defined by state law;
- Any other current or former member of the victim's household as defined by state law;
- A person in a dating relationship with the victim as defined by state law; or
- Any other person who acts against the victim in violation of the family violence laws of this state or the jurisdiction where the conduct occurs.
Stalking
Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or suffer substantial emotional distress. For the 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.
- "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.
- "Substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
(Citation: 34 CFR 668.46)
Gender-Based Harassment
Gender-based harassment includes physical, verbal, or nonverbal conduct based on the student's gender, the student's expression of characteristics perceived as stereotypical for the student's gender, or the student's failure to conform to stereotypical notions of masculinity or femininity. For purposes of this policy, gender-based harassment is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct limits or denies a student's ability to participate in or benefit from the College District's educational program.
Acts of gender-based harassment may also be considered sex discrimination or sexual harassment.
Incapacitation
An individual lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation is defined as the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically impaired, asleep, unconscious, and/or unaware that sexual activity is occurring. Incapacitation may also result from the use of alcohol and/or drugs. Incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation may include confusion, slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, or emotional volatility.
Consent
Consent is defined as a clear "yes" either verbally or through action by both parties. Consent cannot be given by someone who is incapacitated through sleep, drugs, alcohol, or certain physical or mental impairments. Consent cannot arise from the use of coercion, force, intimidation, or threat.
Responsible Employee
Pursuant to Title IX, all employees with the exception of confidential employees, are designated as responsible employees for purposes of compliance with Title IX.
Responsible Employees may include:
- All supervisors, college officials, and administrators
- All employees who work in the offices that interact directly with students
- Professors, adjuncts, lecturers, and all other faculty members who instruct students
- Academic advisors
- Graduate research assistants
- Residential staff, including resident assistants
For more information about Title IX General Information, resources, options, and about filing a complaint, see the Laredo College Resource Title IX Guide www.laredo.edu/cms/TitleIXRG/
Title IX Institutional Policies
For information related to Title IX institutional Policies please access Laredo Colleges website (www.laredo.edu) – select tab – "About LC" – select Manual of Policy – Select Policy Online.
The following LC Institutional Policies address Title IX information:
Process for Filing a Complaint with the U.S. Department of Education Office of Civil Rights
Please contact the Title IX Coordinator if you have any questions regarding the process for filing or investigating complaints of discrimination. A victim of discrimination or harassment is encouraged to use the college's internal complaint process. Persons believing they have been discriminated against or harassed may seek assistance from government agencies including the U.S. Department of Education Office of Civil Rights.
Process for Completing a Title IX Campus Incident Report
Any student or LC employee who believes they are the victim of sexual assault, dating violence, domestic violence, stalking and/or sexual harassment can report this information to the appropriate Title IX Coordinator, any faculty, administrative/professional, or classified staff member. Title IX Campus Incident Reports will adhere to Title IX policies and procedures.
A Title IX Campus Incident Report can be directly submitted to the following individual:
Student
Laredo College
Associate Dean of Students
Title IX Coordinator
Raquel A. Pena
West End Washington Street
Laredo, TX 78040
(956) 794-4988
rapena@laredo.edu
Employee
Laredo College
Senior Director of Human Resources
Veronica G. Cardenas
West End Washington Street
Laredo, TX 78040
(956) 721 -5138
veronica.cardenas@laredo.edu
Laredo College has adopted STOP!T, a technology platform that will help mitigate, deter, and control harmful and inappropriate behavior as well as help create a positive and safe learning environment for our campus community. STOP!T will be an integral part of our effort to deter and mitigate risks associated with sexual harassment and assault, Title IX, the Clery Act, hazing, violence, and other threats to student safety.
Procedures for Notifying Students, Faculty, Administrative Professionals, and Classified Staff Regarding LC's Safe Campus Title IX Initiatives
For Title IX information related for notifying Laredo College students, faculty, administrative professionals and classified staff, please contact the Title IX Coordinator or the Director of Human Resources.