Reporting Sexual Misconduct

Employees who fail to make a mandatory report are subject to termination. Such employees also are subject to criminal prosecution for failure to report incidents of sexual assault, sexual harassment, dating violence, or stalking as stated above.

Reports related to students should be directed to the Associate Vice Chancellor of Student Services. Reports related to employees should be directed to the Vice Chancellor of Human Resources and Organizational and Talent Effectiveness. If the incident involves both a student and an employee, the incident may be reported to either office. Student-related incidents can be reported by clicking here. Employee-related incidents can be reported by clicking here. Refer to the chart above (located on this webpage) for specific contact information. Refer to Additional Reporting Options for Students and Employees for the content of required reports.

Victims of incidents are not required to report their own incidents. Employees who learn of incidents at a public awareness event are not required to report those incidents. Employees with a legal duty of confidentiality – such as a licensed professional counselor – are required to report only the type of incident (e.g., sexual assault or stalking) but are not required to provide any other details, such as the names of the individuals involved in the incident.

October 4, 2021

Texas Education Code (TEC), Section 51.253(c) requires an institution’s Chief Executive Officer to submit a report at least once during each fall or spring semester to the institution’s governing body and post the report on the institution’s internet website. The report must contain (1) all reports received by employees under the TEC, Section 51.252 that constitutes “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” (as defined in the TEC, Section 51.251), and (2) any disciplinary actions taken under TEC, Section 51.255.

Chancellor/Chief Executive Officer Report (PDF)

Educational Planning, Counseling, and Completion

Free short-term personal counseling is available by contacting the EPCC office at any of these locations.

Employees who have experienced a sexual assault, sexual violence, or other crimes may seek advice, assistance, and resources from the College’s Title IX coordinator, Title IX investigator or the Employee Assistance Program (EAP).

Reporting to a Title IX Coordinator

Any student or other individual may report sexual misconduct or other inappropriate conduct whether or not the person reporting is the alleged victim. Reports may be submitted to one of the College’s Title IX Coordinators in person or by mail, telephone, electronic email, or online portal at www.sanjac.edu/incident-report. Submitting a report does not obligate the individual to file a Formal Complaint or to participate in an investigation.

Allegations against students also may be reported to the Compliance & Judicial Affairs Office by calling 281-478-2756. Allegations against employees may be reported to the Human Resources Department by calling 281-998-6115. When an individual (or someone on their behalf) makes a report to a Title IX Coordinator, the Title IX Coordinator will notify the individual in writing of his or her rights and options, including how to file a Formal Complaint if desired and how to request support services or supportive measures. An individual may request support services or supportive measures without filing a formal complaint.

Reports to Law Enforcement

The reporting party may report a crime in progress by calling 911. If the incident occurred on a San Jacinto College campus, the reporting party may make a report to the San Jacinto College (SJC) Police Department (281-476-9128) or to another police agency with jurisdiction. A police department’s geographic jurisdiction will depend on the location of the incident (click here for a list of other police agencies near and around the College’s campuses). The SJC police or other police agency may share the report with the College’s Title IX Coordinators. Prompt reporting will aid in the preservation of evidence. The decision whether to report to law enforcement belongs to the alleged victim. Crime victims may choose to report an offense to law enforcement or to decline to report a crime to law enforcement. Additionally, regardless of whether the alleged victim files a police report, the alleged victim has a right to file an administrative complaint with the College or to seek support services or supportive measures from the College. An individual may request the assistance of a Title IX Coordinator in making a police report.

Evidence Preservation

Victims of an alleged sexual assault or other sexual misconduct are encouraged to go to a hospital for a medical exam or treatment as promptly as possible and to preserve all evidence related to the assault or misconduct, including potential DNA evidence and evidence of bruising or other injuries. Victims should not wash, shower, or change clothes prior to a medical exam or treatment. Clothing, if removed, should be placed in a paper bag. Evidence of emails and text messages should be preserved.

Anonymous Reports

Any person may make an anonymous report to a Title IX Coordinator. However, depending on the facts and circumstances of the anonymous report, the College may be limited in its ability to stop the alleged conduct, collect evidence, or remedy the situation.

Formal Complaints

Although individuals may file a formal complaint at any time, the College encourages individuals 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 availability.

To request an investigation and commence the grievance process, the reporting party must submit a written, formal complaint to a Title IX Coordinator. The written complaint may be delivered in person or submitted by mail, electronic mail, or via an online incident portal (www.sanjac.edu/incident-report). The complaint must contain the reporting party’s physical or digital signature or otherwise indicate that the reporting party is the person filing the complaint. The reporting party must submit a written statement containing the known details of the alleged conduct that is the subject of the formal complaint, including the following:

• Reporting Party’s name and contact information;
• Respondent’s name;
• Detailed description of the alleged conduct or event that is the basis of the alleged violation under this Policy;
• Date(s) and location(s) of the alleged occurrence(s);
• Names of any witnesses to the alleged occurrence(s); and
• The resolution or remedy sought.

In some instances, the College’s Title IX Coordinator(s) may sign a formal complaint against a respondent and, in doing so, will initiate the grievance process. In such instances, the complaint is not filed on behalf of a particular reporting party, but, rather, is filed on behalf of the institution so that fact-finding through a fair and neutral process can occur. The Title IX Coordinator is not considered a reporting party or a party in such instances. If the Title IX Coordinator prepares a formal complaint, the reporting party may, but is not required to, participate in the grievance process.

Confidentiality Generally

Individuals identified in a report or formal complaint as a witness, reporting party, or respondent may desire privacy and may wish to avoid public disclosure of their names. The College desires to be respectful of each person’s interest in privacy. Certain laws restrict disclosure of student records and records relating to sexual harassment and sexual assault. See Family Educational Rights & Privacy Act, 34 C.F.R. part 99; Texas Education Code § 21.256, § 21.291. However, under state and federal law, most College employees have a duty to report allegations of sexual harassment, sexual assault, dating violence, domestic violence, and stalking to a Title IX Coordinator. Additionally, when a Formal Complaint is initiated, the investigation process may require certain disclosures, including the parties’ names, in order to conduct a fair and thorough investigation. The College will share information with individuals only as necessary, which may include investigators, witnesses, the reporting party, the respondent, parties’ advisors, decision-makers, appellate officers, College administrators, attorneys, or trustees who have a responsibility to ensure compliance with this college procedures and applicable law.

Confidential Consultations

Students may confidentially discuss an incident with a counselor at any of the College’s Educational Planning, Counseling, and Completion Offices without concern that the student’s identity will be reported to the Title IX Coordinators or to law enforcement. Counselors will not report the student’s name or details without the consent of the student. Individuals also may make a confidential report to a community rape crisis center, clergyperson, or a health care provider of the student’s choice. Community resources are identified at Resource Information.

Consent

Consent is a clear, knowing, and voluntary permission by words or action to engage in mutually agreed upon sexual activity. Consent is communicated through mutually understandable words or actions that indicate willingness by all of the involved parties to engage in the same sexual activity, at the same time, and in the same way. A current or previous dating or sexual relationship by itself is not sufficient to establish consent. Additionally, consent can be withdrawn at any time. Ideally, consent is given verbally; however, consent (or lack of consent) also may be expressed through gestures and body language.

Consent is not effective if it results from:

1. the use of physical force or restraint;
2. a threat of physical force;
3. acts of intimidation;
4. acts of coercion;
5. incapacitation (including through the voluntary or involuntary ingestion of alcohol or controlled substances); or
6. other evidence that shows that the individual’s ability to exercise his or her own free will was eliminated on the occasion in question. 

Specific examples of those who cannot give consent include but are not limited to:

1. The individual is under the age of 17 and is not the spouse of the actor;
2. The individual is unconscious or asleep;
3. The individual has not consented to the sexual act with the actor and the actor knows the other person is unaware that the sexual act is occurring;
4. The individual is mentally impaired or has a mental disability; or
5. The actor has misrepresented or concealed his or her true identity to the individual.

Sexual Misconduct

This term encompasses sexual harassment, sexual assault, dating violence, domestic violence, and stalking as these terms are defined under Title IX regulations and the Clery Act. The terms apply to conduct that occurs in an education program or activity of the College.

Related Definitions

Dating Violence: “Dating violence” means violence committed by the actor against a person with whom the actor is or has been in a social relationship of a romantic or intimate nature. The existence of the relationship shall be determined based on a consideration of the following factors: (a) the length of the relationship; (b) the type of relationship; and (c) the frequency of interaction between persons involved in the relationship. 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.

Domestic Violence: “Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse, a current or past intimate partner, a person that the victim shares a child with, or by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Texas. In Texas, a person commits an assault against a family member, household member, or a current or past dating partner. An assault consists of:

1. Intentionally, knowingly, or recklessly causing bodily injury to another person;
2. Intentionally or knowingly threatening another person with imminent bodily injury; or
3. Intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.

A person commits aggravated domestic assault if that person intentionally, knowingly, or recklessly causes serious bodily injury to a family member, household member, or a current or past dating partner, or uses or exhibits a deadly weapon in the course of committing the assault crime.

Other Inappropriate Conduct: Conduct on the basis of sex that does not meet federal definitions of sexual harassment, sexual assault, dating violence, domestic violence, or stalking as stated in this Procedure but that is inappropriate for an educational environment. The conduct is subject to College policy if it occurs on campus or within the education programs and activities of the College or if occurs off campus but is likely to adversely impact the College’s education programs and activities or interfere with a student’s ability to participate in or benefit from the College’s education programs and activities. The conduct must be objectively offensive to a reasonable person. The term includes the following:

1. “Sexual harassment” as defined under the Texas Education Code, sec. 51.251(5). The Texas statute prohibits unwelcome, sex-based verbal or physical conduct that: (A) in the employment context, unreasonably interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment; or (B) in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities at a postsecondary educational institution.
2. “Other Inappropriate Conduct” includes, but is not limited to, unwelcome sex-based advances or propositions; unwelcome requests for sexual favors; unwelcome physical contact or touching of a sexual nature; persistent and unwanted sexual attention; voyeurism; unwelcome sexual gestures; public exposure of one’s sexual organs on campus or at an event under the control of the College; displaying obscene materials in a public place on campus; forwarding pornographic or obscene material via email or text to non-consenting recipients; recording or photographing sexual activity or a person’s genital area or breast area or from a vantage point that a reasonable person would view as an invasion of personal privacy; and allowing a third party to view consensual sex without the knowledge of the other participant. 
3. “Other Inappropriate Sexual Conduct” includes, but is not limited to, unwelcome comments of a sexual nature that a reasonable person would view as gratuitous, intimidating, offensive, and/or degrading and that adversely impacts an individual’s educational environment. The College’s definitions are not intended to restrict constitutionally protected speech. In the academic context, including the context of a classroom discussion or preparation of a course assignment, a relevant factor is whether the comments are reasonably related to course content or serve a legitimate pedagogical function.
4. “Other Inappropriate Sexual Conduct” includes engaging in conduct of a sexual nature that is consensual between two or more parties but that is nonetheless inappropriate in an educational environment, such as engaging in sexual acts in a campus building or displaying sexually oriented objects or materials in the presence of third parties while on campus.

Sexual Assault: “Sexual assault” includes forcible and nonforcible sex offenses as defined under the uniform crime reporting system of the Federal Bureau of Investigation. Forcible sex offenses are any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Forcible sex offenses acts include rape, sodomy, sexual assault with an object, and fondling. Nonforcible sex offenses include incest and statutory rape.

1. Rape – The 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 victim.
2. Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
3. Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.

Sexual Harassment: As stated in Title IX regulations (34 C.F.R. section 106.30), sexual harassment under the Title IX Grievance Process is conduct on the basis of sex that satisfies one or more of the following:

1. Quid pro quo harassment occurs when an employee of the College conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
3. “Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as defined in this procedure.

Subsections (a) and (c) above are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such conduct is sufficiently serious to deprive a person of equal access. Therefore, any instance of quid pro quo sexual harassment and any instance of sexual assault, dating violence, domestic violence, and stalking are considered sexual harassment under this procedure.

The term “sexual harassment” also is defined in the Texas Education Code, sec. 51.251(5); however, that definition is different from the definition under Title IX regulations. In this Procedure, complaints asserting allegations of “Other Inappropriate Conduct” includes the definition of sexual harassment as stated in the Texas Education Code, sec. 51.251(5).

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: 1) fear for the person’s safety or the safety of others; or 2) suffer substantial emotional distress. For the purposes of this definition:

1. 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.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Victims of an alleged sexual assault or other sexual misconduct are encouraged to go to a hospital for a medical exam or treatment as promptly as possible and to preserve all evidence related to the assault or misconduct, including potential DNA evidence and evidence of bruising or other injuries. Victims should not wash, shower, or change clothes prior to a medical exam or treatment. Clothing, if removed, should be placed in a paper bag. Evidence of emails and text messages should be preserved.

The College may provide supportive services and protective measures (sometimes called “interim measures” or accommodations) without any fee or charge to a reporting party or respondent in connection with the report or filing of a complaint or even if no formal complaint has been filed. Support measures are non-disciplinary, non-punitive individualized services offered when appropriate and reasonably available. Any measures that are disciplinary in nature cannot be implemented until after the conclusion of a Grievance Process, unless an emergency removal is appropriate. Supportive measures are designed to restore or preserve access to the individual’s education program or activity without unreasonably burdening the other party; protect the safety of all parties and the educational environment; and deter sexual harassment and other sexual misconduct. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Under state law and college policy, the reporting party and the respondent are entitled to drop a course in which both parties are enrolled without an academic penalty.

The College must maintain as confidential any supportive measures provided to the reporting party or respondent, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the supportive measure. The Title IX Coordinators are responsible for coordinating the effective implementation of supportive measures.

Counseling Services

A student who has experienced sexual misconduct or other inappropriate conduct may benefit from immediate counseling or psychological care, regardless of whether the individual makes any other type of report. A student may obtain psychological support from a private provider or from the College’s Educational Planning, Counseling, & Completion office. Students desiring counseling should contact:

Any Educational Planning, Counseling, and Completion Office

Individuals accused of Sexual Misconduct or Other Inappropriate Conduct also may desire psychological support. Student respondents may seek services as stated above. 

Faculty and staff may contact the Employee Assistance Program at 713-500-3327.

Community resources, available to all individuals, are listed at Resource Information.

Medical care

Individuals who have experienced sexual violence are encouraged to seek immediate medical care to obtain treatment or medication and to preserve evidence, including DNA evidence. Visiting a doctor does not obligate the individual to file a complaint with the College or the police. The individual should consider seeking a Sexual Assault Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) if the incident occurred within the preceding four days. For more information, please see Services for Crime Victims on the Attorney General's website. The cost of the forensic portion of the exam is covered by the law enforcement agency that is investigating the assault or, in cases where a report will not be made to the police, the Texas Department of Public Safety. This does not include fees related to medical treatment that are not a part of the SAFE.

Processes found in the SJC board Procedure III.3006.D.a Allegations of Sexual Misconduct (section 9) distinguishes between reporting allegations of misconduct and filing a Formal Complaint of misconduct. Reporting an allegation informs the College of an incident, which enables the College to inform the alleged victim of his or her rights and options, which includes the right to request support services or supportive measures (sometimes described as interim measures). Reporting an allegation does not necessarily result in the initiation of an investigation and the grievance process. 

When an individual reports an allegation (or when someone reports an allegation on behalf of an individual), the alleged victim will be offered individualized supportive measures and will be informed of their option to file a formal complaint. If the individual desires an investigation and wishes to invoke the grievance process, he or she should file a formal complaint. Filing a formal complaint typically will result in an investigation and hearing to determine whether the responding party should be found responsible and whether the responding party should be sanctioned.

Employee-related policies and procedures can be accessed on the human resources page of the College website. For employee harassment, refer to Policy IV-B-3-b and Procedure 1-2.

Acknowledge your friend is in a difficult situation.

• Let the friend know he/she is not alone.

Be supportive.

• Listen and be available. Remember it may be difficult for your friend to talk about the abuse.

Be non-judgmental.

• Respect your friend’s decisions. There are many reasons why victims stay in abusive relationships.
• Do not criticize the choice to stay.

Don’t be afraid to show you are concerned.

• Describe what you see is going on and that you want to help.
• Let your friend know he/she deserves a healthy, non-violent relationship.

If your friend breaks up with an abuser, continue to be supportive.

• Your friend may feel sad or lonely and be tempted to return to the abuser.

Encourage your friend to talk to professionals who can offer support.

• San Jacinto College has resources such as campus police, counseling services, and human resources.
• They can also direct you to other resources for assistance.

In some instances, a reporting party might decline to pursue a complaint or participate in an investigation, or he or she may wish to keep the matter completely confidential or to withdraw a Formal Complaint after it is filed. In such circumstances, the College must weigh the rights, interests, and safety of all parties and the larger campus community. In weighing a request not to investigate, the College will evaluate:

1. The seriousness of the alleged conduct;
2. Whether the College has received other reports of a Title IX incident involving the same Respondent(s);
3. Whether there is a risk of harm to others; and
4. Any other evidence that the College determines to be relevant to the analysis.

The Title IX Coordinator(s) must inform the reporting party in writing of the decision whether or not to investigate. If the Title IX Coordinator(s) decide not to investigate based on the reporting party’s request not to investigate, the College shall take any steps determined to be necessary to protect the health and safety of the College community in relation to the alleged incident. If the Title IX Coordinator(s) determines that an investigation is necessary, the reporting party is not required to participate.

Retaliation is prohibited against an individual who in good faith reports an incident, opposes prohibited conduct, or cooperates in an investigation, disciplinary process, or judicial proceeding arising from such a report. Retaliation is a decision or action that is materially adverse to the reporting party and is 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. Students who believe that they have been subjected to retaliation may file a complaint pursuant to Complaint Procedure 300 in the Student Handbook. 

Employees who believe that they have been subjected to retaliation may file a complaint pursuant to Human Resources Policy IV.4002.A Protection from Retaliation for Reporting Suspected Wrongdoing. 

San Jacinto College requires an online, video-based orientation/training for all incoming freshmen and new transfer students during their first term of enrollment. The two trainings address the College’s sexual misconduct policy and awareness and prevention training on sexual assault, bystander intervention, and the role alcohol plays in relation to sexual misconduct.

San Jacinto College requires an online training for all employees upon their employment with the College regarding the mandatory reporting of incidents related to sexual harassment, sexual assault, dating violence, and stalking as required by state law.

San Jacinto College also requires an online, video-based training for all employees annually. The training consists of two modules that address Title IX and Preventing Harassment.

The Department of Education requires that San Jacinto College post a copy of the training materials used to train Title IX Coordinators, Title IX Investigators, and Decision Makers. Those slides are available here.  

Title IX Investigations – Day One

Title IX Investigations – Day Two