The following definitions comply with Title IX and the related and applicable regulations referenced above:
Complainant- A “complainant” is an individual who is alleged to be the victim of conduct that could constitute dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct).
Confidential Employee-A “confidential employee” is a person who holds a professional license requiring confidentiality, such as a counselor or medical provider or who is supervised by such a person.
Consent- Consent is clear, voluntary and ongoing agreement to engage in a specific sexual act. Persons need not verbalize their consent to engage in a sexual act for there to be permission. Permission to engage in a sexual act may be indicated through physical actions rather than words. A person who was asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, or whose agreement was made under duress or by threat, coercion, or force, cannot give consent.
More on Consent for Sexual Activity
Sexual activity requires consent, which is defined as an informed, voluntary, affirmative, and mutual agreement between the participants to engage in a specific sexual act. The following guidelines will be used to determine whether consent was obtained when investigating a grievance of sexual assault against a Navarro College student or employee:
- Consent to sexual activity can be communicated in a variety of ways, but one should not presume consent has been given in the absence of a clear, positive agreement.
- Consent can only be accurately gauged through direct communication about the decision to engage in sexual activity. The absence of the word "no" or the like (e.g., "stop") does not imply consent.
- Although consent can be non-verbal, verbal communication is the most reliable form of asking for and obtaining consent. Discussing desires, needs, and limitations with sexual partners provides a basis for positive sexual experiences shaped by mutual willingness and respect.
- Presumptions based upon contextual factors (e.g., provocative clothing or dancing, etc.) are unwarranted, and should not be considered grounds for consent.
- As defined in the State of Texas Penal Code 22.011 for Sexual Assault, the age of sexual consent is 17. Therefore, consent cannot be obtained from someone who is under the age of 17, as that person is legally considered to be a minor.
- Consent cannot be obtained from someone who is asleep, unconscious, or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition (e.g., an intellectual or other disability). A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know - or reasonably should know - to be incapacitated constitutes sexual assault.
- Consent to some sexual acts does not constitute consent to other sexual acts.
- Consent must be ongoing throughout a sexual encounter and can be revoked at any time. If you proceed despite your partner's verbal and/or non-verbal communication to stop, you have committed sexual assault.
- Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent.
- A prior sexual encounter or pre-existing relationship does not indicate consent to current or future sexual activity.
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 the relationship, and the frequency of interaction between the persons involved in the relationship.
Discrimination- Discrimination against a student is defined as conduct directed at a student on the basis of sex or gender that adversely affects the student.
Deliberate Indifference-Deliberate indifference occurs when an institution of higher education with actual knowledge of dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct) in the institution’s education program or activity against a person in the United States responds in a manner that is clearly unreasonable in light of the known circumstances. When an institution of higher education responds in a clearly unreasonable manner, that response constitutes intentional discrimination. Failing to promptly respond once an institution of higher education has actual knowledge of prohibited conduct can also be considered deliberate indifference.
Education Program or Activity- Education program or activity includes locations, events, or circumstances over which Navarro College exercised substantial control over both the respondent and the context in which the dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct) occurred; and also includes any building owned or controlled by a student organization that is officially recognized by Navarro College.
Formal Complaint- Formal complaint means a document filed by a complainant or signed by the appropriate Title IX coordinator or designee alleging dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking against a respondent and requesting that Navarro College investigate the allegation. At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in Navarro College’s education program or activity. A formal complaint may be filed with the appropriate Title IX coordinator or designee in person, by mail, email, using the contact information listed in this handbook for the appropriate Title IX coordinator or designee, or completing the online form available at https://www.navarrocollege.edu/support-services/grievance/grievance-form.html. The formal complaint must contain the complainant’s physical or digital signature, or otherwise indicate that the complainant is the person filing the formal complaint. If the complainant is not able or willing to sign the complaint, the appropriate Title IX coordinator or designee may sign the complaint in the complainant’s stead; however, when the appropriate Title IX coordinator or designee signs a formal complaint, they are not a complainant or otherwise a party and must comply with all Title IX requirements.
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.
Examples of Gender-based Harassment- Examples of gender-based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property.
Prohibited Conduct-Prohibited conduct includes discrimination, harassment, dating violence, domestic violence, stalking, and retaliation as described by this policy, even if the behavior does not rise to the level of unlawful conduct.
Respondent- Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, or stalking (i.e., prohibited conduct).
Retaliation-Navarro College prohibits retaliation by a student or Navarro College employee against an individual alleged to have experienced dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, and/or stalking (i.e., prohibited conduct), or an individual who, in good faith, makes a report of prohibited conduct, serves as a witness, or otherwise participates in an investigation.
Neither Navarro College nor any person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual for Student Code of Conduct or Employee Code of Conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or formal complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.
The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a violation(s) for making a materially false statement in bad faith in the course of a complaint resolution proceeding does not constitute prohibited retaliation. However, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. Complaints alleging retaliation that arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, may be filed, investigated, and resolved according to the complaint processes outlined in this guide.
Complaints alleging retaliation that arise out of any circumstances not related to a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, may be filed, investigated, and resolved in accordance with the student and employee disciplinary process. For more information on the student disciplinary process, see the Student Code of Conduct located in the current Navarro College Student Handbook available on Navarro College’s website at https://www.navarrocollege.edu/handbook/code-of-student-conduct/ or contact the Dean of Students Office at 903-875-7371. For more information on the employee disciplinary process, contact the Human Resources Office (HR) at 903-875-7474.
By an Employee-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.
By Others-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 or 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.
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.
Domestic Violence-“Domestic violence” means 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
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.
Examples of Sexual Harassment-Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; rape; sexual assault as defined by law; sexual battery; sexual coercion; and other sexually motivated conduct, communications, or contact.
Examples may also include forms of dating violence, domestic violence, or stalking, such as physical or sexual assaults; name-calling; putdowns; or threats directed at the student, the student’s family members, or members of the student’s household; destroying the student’s property; threatening to commit suicide or homicide if the student ends the relationship; tracking the student; attempting to isolate the student from friends and family; threatening a student’s spouse or partner; or encouraging others to engage in these behaviors.
Supportive Measures-Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures are designed to restore or preserve equal access to Navarro College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Navarro College’s educational environment, or deter prohibited conduct. Supportive measures may include, but are not limited to, 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. Navarro College must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality will not impair Navarro College’s ability to provide the supportive measures. The appropriate Title IX coordinator or designee is responsible for coordinating the effective implementation of supportive measures as appropriate:
- The right to a prompt, fair, impartial, unbiased, and equitable process from the initiation of the formal grievance process through final resolution.
- The right to supportive measures as reasonably available and which may include course schedule adjustment, work schedule reassignments, student housing changes, no contact directives, and/or criminal trespass notices.
- The right to report to law enforcement (see above).
- The right to resources such as counseling and medical referrals (see above).
- The right to inspect and review any evidence obtained as part of the investigation that is directly related to the allegation(s).
- The right to be assisted by an advisor of your choosing, who may be, but is not required to be, an attorney, during the formal grievance process. Please note that Navarro College is only required to provide an advisor during the live hearing phase of the formal grievance process. Therefore, prior to the live hearing phase, reporting parties and responding parties may provide their own advisor if they desire to do so.
- The right to be informed in writing of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time to prepare to participate.
- The right to be informed that the responding party is presumed not responsible until the conclusion of the formal grievance process when a determination is made.
- The right to voluntarily participate in an informal resolution process. Both parties must provide their voluntary consent in writing to participate in an informal resolution process. Informal resolution is prohibited in any case where an employee is accused of engaging in prohibited conduct against a student. Navarro College will not require the parties to waive their rights to a formal process and agree to informal resolution as a condition of enrollment or employment.
- The right to be notified in writing of
a. the results of any disciplinary proceeding and/or appeal(s) that arise from your formal grievance of prohibited conduct,
b. Navarro College's process to appeal the results of the disciplinary proceeding and/or appeal(s),
c. any change to the results (e.g., through the appeal process), and
d. when the results become final. The rights and options listed above will be afforded equally to both the reporting party (complainant) and responding party.
- The right to privacy and confidentiality in as much as possible. Navarro College will respect, to the greatest extent possible, the privacy of the reporting party (complainant), responding party, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law. Additionally, Navarro College must maintain as confidential any supportive measures provided to the reporting party (complainant) or responding party, to the extent that maintaining such confidentiality will not impair Navarro College’s ability to provide the supportive measures.