AlamoCARES/Title IX

Title IX a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal financial must comply with Title IX.

Sexual misconduct encompasses unwelcome conduct of a sexual nature that is prohibited by Title IX and Alamo Colleges. It includes, but is not limited to, sexual harassment, sex/gender discrimination, sexual assault, rape, stalking, and relationship violence (including domestic and dating violence). It is a violation of this policy and the law, including Title IX, to commit these acts or to attempt to commit them, Sexual misconduct can occur in any sex or gender configuration (i.e., between the opposite sex or same sex) regardless of sex and gender identity. Sexual misconduct on the part of employees and students is strictly prohibited by Alamo Colleges.

Sexual violence refers to physical acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the student's age or use of drugs or alcohol, or because of an intellectual or other disability prevents the student from having the capacity to give consent).

Sexual Violence is defined as:

• Any intentional sexual touching, however slight
• With any object or part of the body
• By a person upon another person
• That is without consent and/or by force
• Or other intentional bodily contact of a sexual nature

Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Sexual violence is a form of sexual harassment which is prohibited by Title IX, Title VII, and state law.

Federal and Texas law regards sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. Sexual harassment consists of:

Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual/gender nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, educational environment, or academic status, (2) submission to or rejection of such conduct by an individual is used as the basis of employment, educational, or academic decisions affecting such individual, or (3) such conduct is sufficiently severe, pervasive or persistent that it has the effect of unreasonably interfering with an individual's work, educational environment, or academic performance by creating an intimidating, hostile, or offensive working, educational, [residential] and/or social environment.

For purposes of the Texas Penal Code § 22.011(b), a sexual assault is without consent for a number of reasons, including the following: 

A school violates a student's rights under Title IX regarding student-on-student sexual violence when the following conditions are met:

• The alleged conduct is sufficiently serious to limit or deny a student's ability to participate in or benefit from the school's educational program, i.e. creates a hostile environment;
• The school, upon notice, fails to take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

A hostile environment is created when there is a repeated series of pervasive events that makes the student unable to participate and/or learn from the educational program. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. A single or isolated incident of sexual violence may create a hostile environment.

Title IX also protects students from other forms of sexual harassment (including sexual violence and sexual abuse), such as sexual harassment carried out by school employees. Sexual harassment by school employees can include unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature, including but not limited to sexual activity. Title IX's prohibition against sexual harassment generally does not extend to legitimate nonsexual touching or other nonsexual conduct. But in some circumstances, nonsexual conduct may take on sexual connotations and rise to the level of sexual harassment. For example, a teacher repeatedly hugging and putting his or her arms around students under inappropriate circumstances could create a hostile environment. Early signs of inappropriate behavior with a student can be the key to identifying and preventing sexual abuse by college personnel.

Title IX reference policies can be found below.

H.1.1 (Policy) Equal Education and Employment Opportunities (PDF)

H.1.2 (Policy) Civil Rights Discrimination, Harassment, and Retaliation: (PDF)

F.4.2 (Policy) Student Code of Conduct (PDF)

When a Title IX complaint is received, Alamo Colleges will take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that sexual violence created a hostile environment, Alamo Colleges will take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

Alamo Colleges will protect the complainant and ensure his or her safety as necessary, including taking interim steps before the final outcome of any investigation.

The complainant will receive periodic updates on the status of the investigation and, if it is confirmed that sexual violence has occurred, Alamo Colleges will protect the complainant and ensure his or her safety, as necessary.

Alamo Colleges will also ensure that the complainant is aware of any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and legal assistance, and the right to report a crime to campus or local law enforcement.

There is an extensive list of resources for the eight counties served by the Alamo Colleges in AlamoCARES Student Resources. The list contains victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, legal assistance and law enforcement contact information.

If you would like a Title IX investigation completed, you can request that your information is kept confidential and Alamo Colleges will do everything to keep it as such. But if the allegation is of such a serious nature your information may be used at the discretion of the Title IX Coordinator or designee. Your personal information would only be used in the completion of the investigation and only shared with those directly involved in the Title IX investigation.

Yes, it's your choice. If you would like to speak to a confidential counselor, they are provided free of charge by Alamo Colleges and the incident will not be reported, if that is what you choose to do.

College Counselor's Offices

Northeast Lakeview College
486-5000
STCM 222H Student Commons

Northwest Vista College
210-486-4357
Huisache Hall (HH) 101

Palo Alto College
486-3333
CSSC Rm. 200

St. Philip's College
486-2333
Welcome Enrollment Center 106L

San Antonio College
486-0334
Moody Learning Center 100

Yes, it's your option to additionally report any sexual violence to law enforcement. Any serious incident will be directed to law enforcement to ensure the safety of the student and others.

Alamo Colleges Police Department
Emergency 210-485-0911
24 Hour Dispatch 210-485-0099 dst-dpsdispatch@bagmakerblog.com
Personal Safety http://90.bagmakerblog.com/district/police/personal-safety/

All parties involved are given equal consideration and due process. While the Alamo Colleges District will, in the interim, ensure a safe environment for the complainant, the Alamo Colleges District will also ensure the respondent has as little disruption to their own educational experience as possible. The Title IX investigation will typically take up to 60 days to complete, with an appeal process lasting up to another 30 days. Both parties will be informed on the progress of the investigation and given the opportunity to provide witnesses or evidence. Individuals found to be in violation of Title IX will be subject to the Student Code of Conduct and disciplinary actions associated with it.

Statement of Complainant's Rights, Whether Employee or Student:

A complainant is a person who makes a complaint of civil rights discrimination, harassment or retaliation under this policy.

1. A complainant has the right to file a criminal complaint.
2. A complainant has the option to, or not to, notify and seek assistance from law enforcement and/or Alamo Colleges' authorities.
3. A complainant and the College District have the right to seek restraining, judicial no-contact and protective orders, internal no contact orders, and criminal trespass warnings to ensure personal safety and maintain as safe campus and work environment.
4. A complainant has the right to have a prompt, fair, and impartial Civil Rights Complaint and Resolution Procedure that ensures a fair, prompt, and equitable process for both parties.
5. A complainant has the right to present his or her case, including the right to an adequate, reliable, and impartial investigation of complaints, the right to an equal opportunity to present witnesses and other evidence, and the right to the same appeal procedure for complainant and respondent.
6. A complainant has the right to be treated with respect by College officials.
7. A complainant has the right to take advantage of Alamo Colleges support resources (such as College Counseling, College Health Services for students, or EAP services for employees).
8. A complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., more likely than not the harassment other conduct occurred).
9. A complainant has the right to have an adviser, attorney, or other advocate of the complainant's choice and at the complainant's cost present during the Civil Rights Appeal Procedure..
10. A complainant has the right to refuse to have an allegation resolved through conflict resolution procedures.
11. A complainant has the right to be considered for amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
12. A complainant has the right to be free from retaliation for engaging in protected activity.
13. A complainant has the right to have complaints heard in substantial accordance with the Civil Rights Complaint and Resolution Procedure and procedures and to participate in the process whether the injured party or the College District is the complainant.
14. A complainant has the right to be informed in writing of the outcome/resolution of the complaint, sanctions where permissible, and the rationale for the outcome where permissible. A complainant has the right to challenge any finding, decision, determination, sanction, or action taken and the right for Student Code of Conduct procedures to be followed where applicable.

Statement of Respondent’s Rights, Whether an Employee or Student:

1. A respondent has the right have a prompt, fair, and impartial Civil Rights Complaint and Resolution Procedure that ensures an equitable process to both parties. 
2. A respondent has the right to be advised of the complaint against him or her and to the same due process rights as the complainant. 
3. A respondent has the right to an adequate, reliable, and impartial investigation of complaints, the right to an equal opportunity to present witnesses and other evidence, and the right to the same appeal procedure as the complainant. 
4. A respondent has the same right as a complainant to present his or her case, to present witnesses and other evidence, and to challenge the complaint made against respondent. 
5. A respondent has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., more likely than not the harassment other conduct occurred). 
6. A respondent has the right to have an adviser, attorney, or other advocate of the respondent’s choice and at the respondent’s cost present during the Civil Rights Appeal Procedure.. 
7. A respondent has the right to be considered for amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident. 
8. A respondent has the right to have complaints heard in substantial accordance with the Civil Rights Complaint and Resolution Procedure and to participate in the process whether the injured party or the College District is the complainant. A respondent has the right to be treated with respect by College officials. 
9. A respondent has the right to take advantage of campus support resources (such as Counseling, College Health Services for students, or EAP services for employees). 
10. A respondent has the right to refuse to have an allegation resolved through conflict resolution procedures. 
11. A respondent has the right to have complaints heard in substantial accordance with the Civil Rights Complaint Resolution Procedure and to participate in the process whether the injured party or the College District is the complainant. 
12. A respondent has the right to be informed in writing of the outcome/resolution of the complaint, any sanctions imposed against the respondent, and the rationale for the outcome. 
13. A respondent has the right to challenge any finding, decision, determination, sanction, or action taken against respondent and the right for Student Code of Conduct procedures to be followed where applicable.

Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity.

Retaliation against an individual for alleging harassment, supporting a complainant or for assisting in providing information relevant to a claim of harassment is a serious violation of College District policy and will be treated as another possible instance of harassment or discrimination.

Acts of alleged retaliation should be reported immediately to the Title IX/VII/ADA/504 Coordinator or designated Deputy and will be promptly investigated.

Alamo Colleges is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

No, as a student of the Alamo Colleges District you are covered by Title IX no matter where the incident occurs and have the right to report and seek help.

Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity.

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs.

An individual who engages in sexual activity when the individual knows or should know, that the other person is physically or mentally incapacitated has violated this policy.

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).

This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.

No, it’s never your fault; any reasonable person can determine if a person is impaired and not able to consent to sexual activity. 

There is no excuse that either party was under the influence and did not know what they were doing.

No, Alamo Colleges will ensure that your rights under Title IX are respected and will not pursue secondary offenses when a student was allegedly the victim of sexual violence.

No, it’s your body and your choice.  At any point that you decide that you no longer want to participate, all sexual activity ceases.

No, will always mean no and no one has the right to force you to do anything you do not want to do.

Yes, if the behavior is pervasive and interfering with your ability to benefit from the school’s educational program then a hostile environment has been created. 

If reported this incident would be investigated under Title IX and interim remedies would be offered to ensure that you would be able to continue your educational experience.

Yes, you have the right to confidentially and can speak to any Alamo Colleges employee privately. 

If the person insists to be with you notify the employee ahead of time and arrangements can be made.

Stalking involves an intentional course of repeated conduct or behavior over a period of time, directed at a specific person, or member of the specific person’s family or household or an individual with whom the specific person has a dating relationship which causes the person to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person’s property to feel harassed, annoyed, alarmed, abused, tormented, embarrassed or offended.

Stalking and cyberstalking are behaviors prohibited by Texas law and the College District.

There are many different ways a person may stalk another. 

These are not an all-encompassing list but are some common methods that are currently being used. 

Stalking can take place on popular social media sites such as Facebook. When the information is not secured an individual can track a person’s current and future locations. 

Cell phone tracking is another method of stalking.  An individual can hide a cell phone either inside or outside a vehicle and then monitor movements by GPS and if placed in the vehicle listening to conversations. 

Another method is by what is called “Spoofing”, in this method a person masks their phone number when calling someone else and can send any phone number to the other person’s cell phone, masking their identity and pretend to be someone else.

Abusive behavior can manifest in many forms and often escalates from threats and verbal abuse to violence.

While the threat of physical injury is the most obvious danger, the emotional and psychological consequences of abuse are also severe. The abuse can include belittling or controlling behaviors that lead to feelings of self-loathing, helplessness, and desperation.

The most telling sign of an unhealthy and abusive relationship is fear of the person committing the acts.

To recognize the telltale signs and symptoms of emotional abuse and violent behaviors, the situation should be assessed for the following:

• Seem afraid or anxious to please their partner; 
• Go along with everything their partner says and does; 
• Check in often with their partner to report where they are and what they’re doing; 
• Receive frequent, harassing phone calls from their partner; 
• Talk about their partner’s temper, jealousy, or possessiveness.

Persons who are being physically abused may: 

• Have frequent injuries, with the excuse of “accidents;” 
• Frequently miss work, school, or social occasions, without explanation; 
• Dress in clothing designed to hide bruises or scars (e.g. wearing long sleeves in the summer or sunglasses indoors).

Persons who are being isolated by their abuser may:

• Be restricted from seeing family and friends;
• Rarely go out in public without their partner;
• Have limited access to money, credit cards, or the car.

Persons who are being abused may: 

• Have very low self-esteem, even if they used to be confident; 
• Show major personality changes (e.g. an outgoing person becomes withdrawn); 
•  Be depressed, anxious, or suicidal.

A bystander is someone who sees a situation but may or may not know what to do, may think others will act or may be afraid to do something.

Intervening in abusive or potentially violent behavior first requires an ability to identify the warning signs and then consider whether the situation demands action.

Before getting involved, the priority is to evaluate safe and positive ways to act to prevent or intervene.

If the situation is already violent or is escalating quickly, do not directly intervene. Call the police.

Domestic Violence is referred to as “Family Violence” in Texas.

The Texas Family Code at § 71.004 defines “Family violence” as:

(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;

(2) abuse, as that term is defined by sections 261(1), (C), (E), and (G), by a member of a family or household toward a child or the family or household; or

(3) dating violence, as that term is defined by Section 71.0021 of the Texas Family Code.

Dating Violence, as defined by § 71.0021 in the Texas Family Code, means an act, other than a defensive measure to protect oneself, by an actor that: 

(i) is committed against a victim:

(a) with whom the actor has or has had a dating relationship; or
(b) because of the victim’s marriage to or dating relationship with an individual with whom the actor is or has been in dating relations or marriage; and 

(ii) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault. 

(iii) “Dating relationship” under the Texas Family Code means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

1. the length of the relationship;
2. the nature of the relationship; and
3. the frequency and type of interaction between the persons involved in the relationship.