Sexual Harassment Policy
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION SEX AND SEXUAL VIOLENCE
SEXUAL HARASSMENT BY STUDENTS
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 availability to participate in or benefit from the College District's educational program or activities.
SEXUAL HARASSMENT BY EMPLOYEES
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:
1. 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
2. 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.
INVESTIGATIONS
The investigation may be conducted by the Title IX coordinator or designee or by a third party designated by the College District, such as an attorney.
The investigation may consist of personal interviews with the complainant, the respondent, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.
The parties shall be provided an equal opportunity to present wit-nesses and evidence and to inspect and review any directly related evidence obtained by the College District so that the parties may meaningfully respond during the investigation process. The parties expected to participate in an investigative interview or other meeting shall be provided written notice in enough time to prepare to participate.
At least ten days prior to the completion of the investigation report, the College District must send each party and the party’s advisor evidence subject to inspection and review. The parties may submit a written response for consideration by the investigator.
PROTECTION FROM RETALIATION
The College District prohibits retaliation against any person for the purpose of interfering with a right or privilege under this policy; the complainant; or a person who, in good faith, makes a report or complaint, serves as a witness, or otherwise participates or refuses to participate in an investigation, proceeding, or hearing under this policy. This prohibition does not apply to discipline of a person who perpetrated or assists in the perpetration of the prohibited conduct.
COMPLAINT PROCESS
Upon receipt or notice of a report, the Title IX coordinator shall determine whether the allegations, if proven, would constitute prohibited conduct as defined by this policy. If so, the Title IX coordinator shall promptly offer supportive measures to the complainant. The Title IX coordinator shall explain the process for filing a formal com-plaint and assess any request not to investigate. If the College District moves forward with the investigation, the Title IX coordinator shall immediately provide notice to the known parties to the com-plaint.
If the Title IX coordinator determines that the allegations, if proven, would not constitute prohibited conduct as defined by this policy but may constitute a violation of other College District rules or regulations, the Title IX coordinator shall refer the complaint for consideration under the appropriate policy.
SUPPORTIVE MEASURES
If appropriate and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the Title IX coordinator shall promptly provide supportive measures intended to address prohibited conduct, protect the safety of the parties and others, and protect the parties from retaliation prior to the completion of the investigation.
COLLEGE DISTRICT ACTION
A College District Administrator or designee shall summon the parties for a hearing to be held within a reasonable time, not to exceed ten days, following the receipt of the investigation report. The hearing shall be conducted in accordance with law and College District procedures.
DISCIPLINARY OR CORRECTIVE ACTION
If a College District Administrator or designee determines that prohibited conduct occurred, the College District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct.
OTHER APPEALS
All other appeals related to this policy may be submitted through the applicable grievance policy beginning at the appropriate level. [See DGBA(LOCAL) for employees, FLD(LOCAL) for students, and GB(LOCAL) for community members]
FAILURE TO REPORT & FALSE CLAIMS
An employee who fails to make a required report or a student or employee who intentionally makes a false claim, offers a false statement, or refuses to cooperate with a College District investigation regarding prohibited conduct shall be subject to appropriate disciplinary action.
For more information, see LC's Web Page (www.laredo.edu) Homepage, select About LC, select Manual of Policy, select F-Students, select FFDA (Local) Freedom from Discrimination, Harassment, and Retaliation – Sex and Sexual Violence. Students may contact Raquel A. Peña at the Office of the Associate Dean of Students/Title IX Coordinator (Kazen Student Center Room 208, Phone 956.794.4988) for additional information.