Sexual Offenses and Protocol

Sexual Offenses and Sexual Misconduct: Federal Clery Act Definitions

Dallas College Police Department prohibits the offenses of domestic violence, dating violence, sexual assault and stalking (as defined by the Clery Act) and reaffirms its commitment to maintaining a campus environment that emphasizes the dignity and worth of all members of the College community. Toward that end, Dallas College issues this statement of policy to inform the campus community of our programs to address domestic violence, dating violence, sexual assault and stalking as well as the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, which will be followed regardless of whether the incident occurs on or off campus when it is reported to a College official.

Sexual Assault

An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent.”

• Rape is defined as 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.
• Fondling is defined as the touching of the private parts of another person for the purposes 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.
• Incest is defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape is defined as sexual intercourse with a person who is under the statutory age of consent.

Domestic Violence

A Felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim.

• By a person with whom the victim shares a child in common.
• By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner.
• By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
• By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

For the purposes of complying with the requirements of this section and §668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

1. The existence of such a relationship shall be 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.
2. 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. For the purposes of complying with the requirements of this section and §668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Stalking

1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to
2. Fear for the person’s safety or the safety of others; or
3. Suffer substantial emotional distress
4. For the purposes of this definition Course of conduct means two or more acts, including, but not limited to, acts 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.

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Definitions of Sexual Assault, Domestic Violence, Dating Violence and Stalking

Sexual Assault

The state of Texas defines sexual assault as follows:

Sec. 22.011. SEXUAL ASSAULT

1. A person commits an offense if the person:
   1. Intentionally or knowingly:
      1. Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent.
      2. Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
      3. Causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
   2. Intentionally or knowingly:
      1. causes the penetration of the anus or sexual organ of a child by any means;
      2. causes the penetration of the mouth of a child by the sexual organ of the actor.
      3. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
      4. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
2. A sexual assault under Subsection (a)(1) is without the consent of the other person if:
   1. the actor compels the other person to submit or participate by the use of physical force or violence.
   2. the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat.
   3. the other person has not consented, and the actor knows the other person is unconscious or physically unable to resist.
   4. the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it.
   5. the other person has not consented, and the actor knows the other person is unaware that the sexual assault is occurring.
   6. the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge.
   7. the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat.
   8. the actor is a public servant who coerces the other person to submit or participate.
   9. the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;
   10. the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or
   11. the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
3. In this section:
   1. “Child” means a person younger than 17 years of age.
   2. “Spouse” means a person who is legally married to another.
   3. “Health care services provider” means:
      1. a physician licensed under Subtitle B, Title 3, Occupations Code.
      2. a chiropractor licensed under Chapter 201, Occupations Code.
      3. a physical therapist licensed under Chapter 453, Occupations Code.
      4. a physician assistant licensed under Chapter 204, Occupations Code; or
      5. a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.
   4. “Mental health services provider” means an individual, licensed, or unlicensed, who performs or purports to perform mental health services, including a:
      1. licensed social worker as defined by Section 505.002, Occupations Code.
      2. chemical dependency counselor as defined by Section 504.001, Occupations Code.
      3. licensed professional counselor as defined by Section 503.002, Occupations Code.
      4. licensed marriage and family therapist as defined by Section 502.002, Occupations Code.
      5. member of the clergy.
      6. psychologist offering psychological services as defined by Section 501.003, Occupations Code; or
      7. special officer for mental health assignment certified under Section 1701.404, Occupations Code.
   5. “Employee of a facility” means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.
4. It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
5. It is an affirmative defense to prosecution under Subsection (a)(2):
   1. that the actor was the spouse of the child at the time of the offense; or
   2. that:
      1. the actor was not more than three years older than the victim and at the time of the offense:
         1. was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
         2. was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
      2. the victim:
         1. was a child of 14 years of age or older; and
         2. was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01
6. An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

Sec. 22.021. AGGRAVATED SEXUAL ASSAULT

1. A person commits an offense:
   1. if the person:
      1. intentionally or knowingly:
         1. causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent.
         2. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
         3. causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
      2. intentionally or knowingly:
         1. causes the penetration of the anus or sexual organ of a child by any means.
         2. causes the penetration of the mouth of a child by the sexual organ of the actor;
         3. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
         4. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
         5. causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
   2. if:
      1. the person:
         1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode.
         2. by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a) (3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
         3. by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
         4. uses or exhibits a deadly weapon in the course of the same criminal episode.
         5. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
         6. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.
      2. the victim is younger than 14 years of age; or
      3. the victim is an elderly individual or a disabled individual.
2. In this section:
   1. “Child” has the meaning assigned by Section 22.011(c).
   2. “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).
3. An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).
4. The defense provided by Section 22.011(d) applies to this section.
5. An offense under this section is a felony of the first degree.
6. The minimum term of imprisonment for an offense under this section is increased to 25 years if:
   1. the victim of the offense is younger than six years of age at the time the offense is committed; or
   2. the victim of the offense is younger than 14 years of age at the time the offense is committed, and the actor commits the offense in a manner described by Subsection (a)(2)(A).

Sec.A21.01. A DEFINITIONS.

In this chapter:

1. “Deviate sexual intercourse” means:
   1. any contact between any part of the genitals of one person and the mouth or anus of another person; or
   2. the penetration of the genitals or the anus of another person with an object.
2. “Sexual contact” means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
3. “Sexual intercourse” means any penetration of the female sex organ by the male sex organ.
4. ” Spouse” means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.

Sec. 21.11. INDECENCY WITH A CHILD

1. A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
   1. engages in sexual contact with the child or causes the child to engage in sexual contact; or
   2. with intent to arouse or gratify the sexual desire of any person:
      1. exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
      2. causes the child to expose the child’s anus or any part of the child’s genitals.
2. It is an affirmative defense to prosecution under this section that the actor:
   1. was not more than three years older than the victim and of the opposite sex.
   2. did not use duress, force, or a threat against the victim at the time of the offense; and
   3. at the time of the offense:
      1. was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
      2. was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
   b-1. It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
3. In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
   1. any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
   2. any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
4. An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

Sec. 25.02. PROHIBITED SEXUAL CONDUCT (Incest)

1. A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
   1. the actor’s ancestor or descendant by blood or adoption.
   2. the actor’s current or former stepchild or stepparent.
   3. the actor’s parent’s brother or sister of the whole or half-blood.
   4. the actor’s brother or sister of the whole or half blood or by adoption.
   5. the children of the actor’s brother or sister of the whole or half blood or by adoption; or (6) the son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.
2. For purposes of this section:
   1. “Deviate sexual intercourse” means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.
   2. “Sexual intercourse” means any penetration of the female sex organ by the male sex organ.
3. An offense under this section is a felony of the third degree, unless the offense is committed under Subsection (a)(1), in which event the offense is a felony of the second degree.

Domestic Violence

The state of Texas defines domestic violence (family violence) as follows: Sec. 71.003. FAMILY. “Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

Sec. 71.004. FAMILY VIOLENCE, “Family violence” means:

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 261.001(1)(C), (E) and (G), by a member of a family or household toward a child of the family or household; or
3. dating violence, as that term is defined by Section 71.0021

Sec. 71.005. HOUSEHOLD, “Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

Sec. 71.006. MEMBER OF A HOUSEHOLD. “Member of a household” includes a person who previously lived in a household.

Dating Violence

The state of Texas defines dating violence in Sec. 71.0021 of the Family Code.

Dating Violence:

1. “Dating violence” means an act, other than a defensive measure to protect oneself, by an actor that:
   1. is committed against a victim:
      1. with whom the actor has or has had a dating relationship; or
      2. because of the victim’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
   2. 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.
2. For purposes of this title, “dating relationship” 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.
3. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship” under Subsection (b).

Stalking

The state of Texas defines stalking as follows:

1. A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:
   1. constitutes an offense under Section 42.07 of the Texas Penal Code, or that the actor knows or reasonably should know the other person will regard as threatening:
      1. bodily injury or death for the other person.
      2. bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship; or
      3. that an offense will be committed against the other person’s property.
   2. causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship 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, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed or offended; and
   3. would cause a reasonable person to:
      1. fear bodily injury or death for himself or herself.
      2. fear bodily injury or death for a member of the person’s family or household or for an individual with whom the person has a dating relationship.
      3. fear that an offense will be committed against the person’s property; or
      4. feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.
2. An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:
   1. the laws of another state.
   2. the laws of a federally recognized Indian tribe.
   3. the laws of a territory of the United States; or
   4. federal law.
3. (c) For purposes of this section, a tier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.
4. In this section:
   1. “Dating relationship,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.
   2. “Property” includes a pet, companion, animal, or assistance animal, as defined by Section 121.002, Human Resources Code.

Consent

The state of Texas does not have a definition of consent, in relation to sexual activity. However, sexual assault is considered without consent of the other person if the conditions

in Sec. 22.011, (b) of the sexual assault statute are evident. To consent means to outwardly express agreement for sexual activity. Consent can be a verbal “yes.” It can also be demonstrated non-verbally with actions that clearly tell the other person that she or he is willingly and freely engaging in sexual contact. Consent cannot be inferred through silence or lack of resistance. Consent to one activity does not constitute consent to other sexual acts. Past sexual activity does not constitute consent for future acts. If at any time consent is uncertain, the initiating party should stop and obtain verbal consent. Consent can be withdrawn at any time.

As the State of Texas does not give a specific definition of consent, the Dallas College consent definition is used as a measure for disciplinary procedures.

Procedures for reporting Sexual assault, Domestic Violence, Dating Violence and Stalking

The Campus has procedures in place that serve to be sensitive to victims who report sexual assault, domestic violence, dating violence and stalking, including informing individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other services on and/or off campus as well as additional remedies to prevent contact between a complainant and an accused party. Examples are housing, academic, protective orders, transportation and working accommodations, if reasonably available. The Campus will make such accommodations, if the victim requests them and if they are reasonable available, regardless of whether the victim chooses to report the crime to the Campus Police or local law enforcement. If you do not want to speak to the DC Police and have been the victim of domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly to a Title IX Coordinator.

If a report of domestic violence, dating violence, sexual assault or stalking is reported to the Campus Police, below are the procedures that the Campus will follow:

Procedures for Student Violations of the Dallas College Sexual Misconduct Protocol

Preservation of evidence is important and may be collected even if you chose not to make a report to law enforcement. It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen area where they were assaulted, if the offense occurred within the past 96 hours, so that evidence may be preserved which may assist in proving the alleged criminal offense has occurred or is occurring. This may be helpful in obtaining a protection order or criminal prosecution, if the victim choses to file an offense report or for a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease.

Victims of sexual assault, domestic violence, stalking and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications and keeping pictures, logs or other copies of documents, which would be useful to the police or a Title IX hearing board.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with the Dallas College Police or other law enforcement to preserve evidence in the event that the victim changes her/his mind at a later date.

Instances where a sexual assault has occurred, the victim is strongly encouraged to report the incident. Care should be taken to preserve all items of potential evidentiary value, including clothing, bedding and any items that may have been touched by the assailant and/or used in the assault. The victim is encouraged to contact one of the authorized college offices whether the sexual offense, domestic or dating violence, hate crime or stalking took place on campus or off. The victim will be given specific information as to how to go about bringing formal charges against the accused. College personnel will provide the victim with assistance in contacting the appropriate authorities, if needed. The procedures for an on-campus disciplinary action would be the same as those outlined in the Student Code of Conduct for any alleged violation. Students are hereby advised that they have the options of pursuing their allegations through either or both the Student Code of Conduct and/or the Criminal Justice system. Ultimately it is the student's option as to whether or not he/she wishes to pursue allegations through either or both authorities. In addition to criminal prosecution, the college may pose sanctions on the violator under the Student Code of Conduct to protect the victim and the college community.

Victim’s Bill of Rights

Victims of sexual assault will have the right to the following:

Reasonable changes to the academic schedule. Referrals to counseling, assistance in notifying law enforcement. Same opportunity as accused to have others present at disciplinary hearing. Unconditional written notification of outcomes of hearing, sanctions and terms of sanctions in place. Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome. Name and identifying information kept confidential (FERPA).

Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) is a landmark piece of legislation that sought to improve criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States. The passage of VAWA in 1994 and its reauthorization in 2000, 2005 and 2013, has changed the landscape for victims who once suffered in silence. Victims of domestic violence, dating violence, sexual assault and stalking have been able to access services, and a new generation of families and justice system professionals has come to understand that domestic violence, dating violence, sexual assault and stalking are crimes that our society will not tolerate.

Under VAWA, colleges are required to:

• Report domestic violence, dating violence and stalking, beyond crime categories the Clery Act already mandates.
• Adopt certain student discipline procedures, such as for notifying purported victims of their rights; and
• Adopt certain institutional policies to address and prevent campus sexual violence, such as to train in particular respects pertinent institutional personnel.

Hate Crime Reporting

Criminal act involving one/more of the crimes of Theft, Simple Assault, Intimidation or Vandalism, or any other crime involving bodily injury which: was motivated by bias against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, gender, sexual orientation, or disability of the person or group, or bias based upon the perception that the person or group has one or more of those characteristics.

Categories of Bias Definitions

Race: A preformed negative opinion or attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes and/or hair; facial features, etc.) genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites).

Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, Jews, Protestants, atheists).

Sexual Orientation: A preformed negative opinion or attitude toward a person or a group of persons based on their actual or perceived sexual orientation (e.g., gays, lesbians, heterosexuals).

Gender: A preformed negative opinion or attitude towards a person or group of persons based on their actual or perceived gender (e.g., male or female).

Gender Identity: A preformed negative opinion or attitude toward a person or a group of persons based on their actual or perceived gender identity, (e.g., bias against transgender or gender nonconforming individuals).

Ethnicity: A preformed negative opinion or attitude toward a group of persons whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry (e.g., Middle Eastern, Hispanics).

National Origin: A preformed negative opinion or attitude toward a person or a group of persons based on their actual or perceived country of birth.

Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital, or acquired by heredity, accident, injury and advanced age or illness.

On- and Off-Campus Services and Resources for Victims:

BROOKHAVEN CAMPUS

NORTH LAKE CAMPUS

EASTFIELD CAMPUS

EL CENTRO CAMPUS

CEDAR VALLEY CAMPUS

MOUNTAIN VIEW CAMPUS

RICHLAND CAMPUS

All Dallas College Campuses

Title IX Policy

In accordance with Title IX of the Education Amendments of 1972 and Section 51.9363 of the Texas Education Code, the College District prohibits sexual misconduct in all of its programs and activities, including in its dual credit, early college high school and charter high school programs. Sexual Misconduct is defined as any act of sex/gender-based discrimination or harassment, sexual harassment, sexual violence, sexual exploitation, relationship violence, sex/gender-based stalking and any other conduct that threatens the health and safety of any person on the basis of actual, expressed or perceived gender identity.

The College District’s sexual misconduct policy applies to any instance in which a student or employee is alleged to have engaged in sexual misconduct against any person or believes he or she has been subjected to sexual misconduct, regardless of sex, gender, sexual orientation, or gender identity. The College District will respond to any complaint of sexual misconduct, including conduct alleged to have occurred during breaks, leaves of absence or periods of dismissal, whether on or off College District property or premises.

A person who is found to have violated the College District sexual misconduct policy shall be subject to all applicable College District disciplinary sanctions as outlined in the College District Board Policy Manual. Violations of the sexual misconduct policy that are also violations of law may also be subject to sanctions by civil and criminal authorities. College District disciplinary action with respect to any act of sexual misconduct on the part of a student or employee shall proceed during the pendency of civil and/or criminal proceedings and shall not be subject to challenge on the ground that civil and/or criminal charges involving the same incident have been filed, dismissed or reduced. For more information on the College District’s sexual misconduct policy, including reporting procedures, please see the College District Board Policy Manual.

Title IX prohibits discrimination on the basis of sex (gender) in education programs of activities operated by recipients of Federal financial assistance. Sexual Harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Title IX requires for Dallas College to take immediate action to eliminate harassment, prevent its recurrence and address its effects. The Title IX Coordinator is responsible for administrative investigation of claims of sexual assault, sexual harassment, dating violence, stalking and to ensure there are appropriate grievance procedures for prompt and equitable resolution of student sex discrimination complaints. Each Dallas College Title IX investigation is different from a law enforcement investigation, and a law enforcement investigation does not relieve the Dallas College of its independent Title IX obligation to investigate conduct.

When cases involving domestic violence, dating violence, sexual assault or stalking are reported and a formal conduct process is initiated, the college will provide a prompt, fair and impartial process from the initial investigation to the final resolution. Reports will be investigated (if applicable) and managed by professional staff or college conduct committee members who have been trained annually on issues related to domestic violence, dating violence, sexual assault, stalking and victimization and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

Usually, the resolution of domestic violence, dating violence, sexual assault and stalking complaints are completed within 60 days of the report. However, each proceeding allows for extensions of timeframes for good cause with written notice to the accuser and the accused of the delay and the reason for the delay. In all instances, the process will be conducted in a manner that is consistent with the campus policy and that is transparent to the accuser and the accused. The accuser and the accused will have timely notice for meetings at which the accuser or accused or both may be present.

Upon receipt of a report of domestic violence, dating violence, sexual assault, or stalking, DC PD will provide written notification to students and employees about existing assistance with and/or information about obtaining resources and services including counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and assistance in notifying appropriate local enforcement. These resources include the following:

Dallas College Title IX Coordinators

District Office and District Service Center

LaShawn Grant
Institutional Equity and Compliance Officer District Title IX Coordinator
1601 Botham Jean Blvd.
Dallas, TX 75215-1816
214-378-1633
TitleIX@DallasCollege.edu

El Centro Campus

(including ECC - Bill J. Priest Campus)

Shanee Moore
Associate Dean and Title IX Coordinator
801 Main St.
Dallas, TX 75202
214-860-2626
TitleIX@DallasCollege.edu

Brookhaven Campus

Tiffanie Douglas
Title IX Coordinator
3939 Valley View Lane
Farmers Branch, TX 75244
972-860-4588
TitleIX@DallasCollege.edu

El Centro Campus

Shanee Moore
Director of Business and Deputy Title IX Coordinator
801 Main St.
Dallas, TX 75202
214-860-2032
TitleIX@DallasCollege.edu

North Lake Campus

Francyenne Maynard
Title IX Coordinator
5001 N. MacArthur Blvd.
Irving, TX 75038
972-273-3109
TitleIX@DallasCollege.edu

Eastfield Campus

Katy Lanius
Title IX Coordinator
3737 Motley Drive
Mesquite, TX 75150
972-860-7091
TitleIX@DallasCollege.edu

Richland Campus

Latrenda Thomas and Darryl White-Greene
Title IX Coordinators
12800 Abrams Road
Dallas, TX 75243
972-761-6852
TitleIX@DallasCollege.edu

LeCroy Center/Dallas Colleges Online

Vickie Montgomery
Title IX Coordinator
9596 Walnut St.
Dallas, TX 75243
972-669-6590
TitleIX@DallasCollege.edu

Mountain View Campus

Cynthia Aguilar
Title IX Coordinator
4849 W. Illinois Ave.
Dallas, TX 75211
972-860-5675
TitleIX@DallasCollege.edu

Cedar Valley Campus

Miyoshi Holmes
Title IX Coordinator
3030 N. Dallas Ave.
Lancaster, TX 75134
972-860-5216
TitleIX@DallasCollege.edu

Other Important Numbers:

• College Health Services
• College Counseling Services
• Parkland VIP/Rape Crisis Center: (214) 590-0403
• Dallas Area Rape Crisis Center: (972) 641-RAPE (7273)
• Dallas Crisis Line (Suicide, Sexual Assault): (214) 828-1000
• 24-hour crisis hotline offering general crisis help
• National Domestic Violence Hotline: 800-799-7233 or TTY 800-787-3224

Student Code of Conduct

The Dallas College exists to serve students and our community stakeholders. Students are important members of the College environment. Each college in Dallas College supports a positive educational environment designed to encourage student completion. To ensure the protection of student rights and the health and safety of the college community, as well as to support the efficient operation of college programs and services, the College has established a Student Code of Conduct.

The purpose of policies about student conduct and discipline is to provide guidelines for the educational environment of the College. The College views students in a holistic manner, encouraging and inviting them to learn and grow independently. Such an environment presupposes both rights and responsibilities. Every student should know his or her responsibility as a member of Dallas College. As a member of the Dallas College, a student is free to take advantage of all the educational opportunities available and to participate in all extracurricular activities sponsored by the College for which the student is eligible.

Members of the student body enjoy the same rights and privileges guaranteed to them as citizens of the United States and as residents of the state of Texas. They enjoy the same freedoms of speech and peaceable assembly as all citizens. However, by virtue of their membership in the college community, students are under certain legal obligations in the exercise of those freedoms. Each student and student organization shall be charged with notice and knowledge of the contents and provisions of the Dallas College policies, procedures and regulations concerning student conduct and shall be expected to abide by those policies, procedures and regulations. In cases of noncompliance with the Student Code of Conduct, the college may impose discipline that is consistent with the impact of the offense on the Dallas College community.

Dallas College reserves the right to pursue criminal and/or civil action where warranted. Unfamiliarity with these policies and procedures shall not excuse a violation of the Student Code of Conduct. All students shall obey the law, show respect for properly constituted authority and observe correct standards of conduct. In addition to activities prohibited by law or by other published Dallas College regulations and policies.

Active Bystander

Bystanders play a critical role in the prevention of sexual and relationship violence. They are “individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.” We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. We may not always know what to do even if we want to help. Further information regarding bystander intervention may be found. If you or someone else is in immediate danger, dial 911. This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt.

Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are ok. Confront people who seclude, hit on and try to make out with, or have sex with people who are incapacitated. Speak up when someone discusses plans to take sexual advantage of another person. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

Alcohol and Drug Policy

A student shall be prohibited from using or being under the influence of intoxicating beverages in classroom buildings, laboratories, auditoriums, library buildings, museums, faculty and administrative offices, intercollegiate and intramural athletic facilities and all other public campus areas. With the prior consent of the Board or the Board’s designee, the provisions herein may be waived with respect to any specific event that is sponsored by Dallas College. State law shall always be strictly enforced on all property controlled by Dallas College regarding the possession and consumption of alcoholic beverages.

No student shall possess, use, transmit, or attempt to possess, use, or transmit, or be under the influence of, any of the following substances on College premises or off premises at a college or College-sponsored activity, function, or event:·

1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
2. Any abusable glue, aerosol paint, or any other volatile chemical substance for inhalation.
3. Any performance-enhancing substance, including steroids.
4. Any designer drugs.
5. Any other intoxicant or mood-changing, mind-altering, or behavior-altering drug.

The transmittal, sale, or attempted sale of what is represented to be any of the above-listed substances shall also be prohibited under this policy.

Alcohol-Drug Education Programs are offered throughout each College. Students may check bulletin boards, newspaper announcements, or email for availability. These Programs or events are available to all students and employees at each College.

All colleges of Dallas College provide free counseling services to enrolled students.

• When: On most campuses, counseling faculty or other professional counselors are available by appointment or on a walk-in basis from 8:30 a.m. to 7 p.m.
• Where: Some counselors' offices are in instructional divisions; others can be found in Counseling Centers.

For more information, contact counseling services at your college.

As part of our commitment to our students and the community, students may use My Community Services, an online directory to help find the resources they need.

In compliance with the Drug Free Schools and Communities Act, the following information is provided annually to students and employees online:

• Students Right To Know
  dcccd.edu/au/fastfacts/legal/consumer-info/pages/right-to-know.aspx
• Notice of Federal Student Financial Aid Penalties for Drug Law Violations
  dcccd.edu/au/fastfacts/legal/consumer-info/pages/drug-penalties.aspx
• Drug Free Schools and Communities Act
  Student and Employee Rights and Responsibilities 2019-2020 (PDF - 711KB)
• Blood Alcohol Concentration (BAC) calculator
  alcoholaddictioncenter.org/resources/bac-calculator/
  

Crime Prevention and Security Awareness Programs

One of the essential ingredients of any successful crime prevention program is an informed public. It is the intent of the Dallas College Police Department to inform students of good crime prevention and security awareness practices. Programs are available to members of the college community on the topics of crime prevention and drug and alcohol abuse. Information on Drug and Alcohol Abuse Education may also be obtained through the National Clearinghouse for Alcohol and Drug Information at 1-800-729-6686.

Dallas College Police Departments play a vital role in the students’ learning at all Dallas College Campuses utilizing the Community Policing philosophy. The focus of community-oriented policing is not simply on responding to crime, but on preventing crime and resolving community problems. The philosophy grows from the belief that the police and the community must work together as partners to solve the contemporary challenges faced in today’s society.

Officers work closely with other organizations and community groups to educate community members about potential hazards they may encounter and how to reduce the likelihood of becoming a victim of crime, to identify the problems, concerns and fear of community members, to identify and eliminate hazards that may promote crime or disorder and to improve the overall quality of life in the community.

Dallas College Police Departments have developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; presenting programs throughout the year on at least a quarterly basis, including sessions such as:

CRIME PREVENTION AND SAFETY AWARENESS PROGRAMS FOR 2019 AT DALLAS COLLEGE CAMPUSES:

Dallas College Police Department

*MVC-Mountain View, BHC-Brookhaven, ECC-El Centro, RLC-Richland, EFC-Eastfield, CVC-Cedar Valley, NLC-North Lake

(Dallas College and PD offered the above primary prevention and awareness programs for incoming students and employees in 2019)

Programs to prevent Sexual assault, Domestic Violence, Dating Violence and Stalking by campuses

Dallas College Police Departments have developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; presenting programs throughout the year on at least a quarterly basis, including sessions such as:

SEXUAL OFFENSES AND DOMESTIC VIOLENCE AWARENESS PROGRAMS FOR 2019 AT ALL CAMPUSES

Dallas College Police Department

*MVC-Mountain View, BHC-Brookhaven, ECC-El Centro, RLC-Richland, EFC-Eastfield, CVC-Cedar Valley, NLC-North Lake

(Dallas College and PD offered the above Sexual offenses and Domestic Violence awareness programs for incoming students and employees in 2019)

Notification to Victims of Crimes of Violence

Dallas College Police Department will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Sex Offender Registration

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers services or is a student.

The Texas Department of Public Safety (DPS) has established an official internet source of information about criminal convictions, deferred adjudications and sex offender registration.

For additional information visit the Texas Department of Public Safety website. 

Confidentiality

To the greatest extent possible, the Dallas College shall respect the privacy of the complainant, persons against whom a report is filed and witnesses. Limited disclosures may be necessary to conduct a thorough investigation and comply with applicable law. Dallas College Police Department will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence or stalking to the fullest extent of the law. Victims may request that directory information on file be removed from public sources by request from the Admissions and Records office.

Different people on campus have different reporting responsibilities and different abilities to maintain your confidentiality, depending on their roles at the College. When consulting campus resources, victims should be aware of confidentiality and mandatory reporting, to make informed choices. On campus, some resources may maintain your complete confidentiality, offering you options and advice without any obligation to tell anyone, unless you want them to. Other resources are expressly there for you to report crimes and policy violations, and they will take action when you report your victimization to them.

Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant. The College does not publish the name of crime victims nor house identifiable information regarding victims in the campus police department’s Daily Crime Log or online. Furthermore, if a Timely Warning Notice is issued on the basis of a report of domestic violence, sexual assault or stalking, the name of the victim and other personally identifiable information about the victim will be withheld.

Pastoral and Professional Counselors

Campus “Pastoral Counselors” and “Professional Counselors”, when acting as such, are not considered to be a campus security authority (CSA) for Clery Act purposes and are not required to report crimes for inclusion in the annual disclosure of crimes statistics. As a matter of policy, the professional counselors at DC are encouraged, when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary confidential basis.

• Pastoral Counselor — an employee of an institution, who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor.

• Professional Counselor — an employee of an institution whose official responsibilities include providing psychological counseling to members of the institution’s community, and who is functioning within the scope of his or her license or certification.

The Dallas College Police Department encourages pastoral and professional counselors, if and when they deem appropriate, to inform the persons they are counseling to voluntarily report the incident to the Dallas College Police Department on a confidential basis for inclusion of the annual disclosure of crime statistics.

Reports of Sexual violence and other violations that may be sex or gender based will be reported to the Title IX Coordinator and cannot be held in confidence.

Risk Reduction

With no intent to victim blame and recognizing that only abusers are responsible for their abuse, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse and Incest National Network, rainn.org).

• Be aware of your surroundings. Knowing where you are and who is around you may help you find a way to get out of a bad situation.
• Try to avoid isolated areas. It is more difficult to get help if no one is around.
• Walk with purpose. Even if you do not know where you are going, act like you do.
• Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably is not the best place to be.
• Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
• Make sure your cell phone is with you and charged.
• Do not allow yourself to be isolated with someone you do not trust or someone you do not know.
• Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
• When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening and leave together. Knowing where you are and who is around you may help you find a way out of a bad situation.
• Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately.
• Do not leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you have left your drink alone, get a new one.
• Do not accept drinks from people you do not know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured and carry it yourself. At parties, do not drink from the punch bowls or other large, common open containers.
• Watch out for your friends. If a friend seems intoxicated, get him/her to a safe place immediately.
• If you suspect you or a friend has been drugged, contact law enforcement immediately. Be explicit with doctors so they can give you the correct tests.
• If you need to get out of an uncomfortable or scary situation here are some things you can try:
  • remember that being in this situation is not your fault. You did not do anything wrong; it is the person who is making you uncomfortable that is to blame.
  • be true to yourself. Do not feel obligated to do anything you do not want to do.
  • have a code word with your friends or family so that if you do not feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
  • Lie. If you do not want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse.
  • try to think of an escape route. How would you try to get out of the room? Where are the windows and exit doors? Are there people around who might help you? Is there an emergency phone nearby?
  • if you and/or the other people have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.