Student Handbook and Catalog 2021-22 V2

College Catalog and Student Handbook | 69
or shower and should not throw away or wash the clothes
worn at the time of the assault. The victim will at all times
be offered campus assistance in the reporting process and
will, to the extent permitted by law, be offered anonymity
if requested. Please see the section on “confidentiality”
below to ensure complete anonymity.
Procedures For Complaints Made By Students
Students who believe they have been subjected to sexual
misconduct or gender discrimination shall report to and
consult with the designated Student Title IX Coordinator/
Representative (available through any Student Rights and
Responsibilities office).
Any employee, including Resident/Community Assistants
(RA/CAs), who has received a report or complaint from
a student relating to sexual misconduct or gender
discrimination shall immediately notify and refer that
student to the designated Student Title IX Coordinator/
Representative.
A. The complaint may be oral or in writing, utilizing
the Maxient form. After receiving the complaint,
the designated Student Title IX Coordinator/
Representative shall initiate a thorough, prompt, and
equitable investigation. Immediate interim actions
may take place before the investigation is complete if
determined necessary. These may include an interim
suspension, no contact orders, or removal/change
from campus housing. When issued, the involved
parties shall be expected to adhere to the terms of the
interim actions. Violations of interim measures shall
not be tolerated and shall be addressed immediately.
Students who violate such measures shall be
subjected to further disciplinary action up to and
including suspension and expulsion.
B. The Investigator shall follow the procedures outlined
in the TSTC Code of Conduct under “Disciplinary
Procedures.” The only exception shall be the formal
review process for both parties which shall follow
the steps outlined below under “Formal Review
Process.” If the respondent is found responsible of
the accusations, then the proper sanctions shall be
imposed or mediation shall take place when it is
acceptable to both parties. In incidents of sexual
violence, mediation shall never be acceptable. If the
complainant is found to have made a false accusation,
then disciplinary sanctions may be imposed.
C. If the complaint involves actions of an employee
at TSTC, the Investigator shall immediately notify
the designated Employee Title IX Coordinator/
Representative who shall initiate the employee
investigation in accordance with the steps outlined in
Operating Requirements No. 2 above.
D. In all cases, a prompt, fair, and impartial investigation
and resolution shall be afforded.
E. The Investigator will report to the Title IX Coordinator/
Representative for reporting purposes the date of the
alleged misconduct, type of alleged misconduct, result
of investigation, actions taken, if there was a formal
review, results, and any other pertinent information.
The complete investigation documentation shall
be kept in the student’s disciplinary records for the
duration of the records retention length.
Formal Review Process
A request for a formal review may be submitted in writing
to the appropriate Title IX Coordinator/Representative
by either the respondent or complainant within three
working days of receipt of the notice of the outcome of the
investigation. The Title IX Coordinator shall arrange a review
panel of three TSTC employees who are appointed to serve
as the Review Board.
A. The College shall convene the Review Board in a
timely manner, usually within five business days, but
in certain situations it may be longer. Both parties
shall be notified in advance of the date, time, and
location of the review and the panelists. Both parties
shall be afforded an opportunity to object to any
member of the Review Board. This assures that the
Title IX requirement to afford both parties a fair,
impartial, and objective review by unbiased decision
makers.
B. Communication with both parties shall continue
during this process. Within two business days prior
to the date of the review, a list of witnesses and all
documentation must be submitted to the Title IX
Coordinator by both parties. The objective of the
Review Board shall be to assess the findings and
sanctions imposed. The Review Board may not impose
more severe penalties.
C. Because these proceedings are not designed to be a
legal or judicial hearing, the Review Board operates
on the basis of “Preponderance of the Evidence.” The
decision shall be made by majority vote.
D. If a student or employee brings an attorney for the
review, he/she must provide sufficient notice (at
least two business days) for TSTC to have an attorney
present as well. Either attorney shall only serve in
an advisory role and shall not be permitted to ask
questions, present evidence, or make arguments
before the Review Board. The presence of an attorney
may cause a delay in the process. If an attorney
refuses to follow these requirements, the Review
Board may remove him or her.
E. All reviews shall be closed.
Retaliation
Any form of retaliation by either party will not be condoned
by the College and the College will take immediate
action to rectify the situation and additional disciplinary
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