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Title IX of the Education Amendments Act of 1972 prohibits discrimination on the basis of sex in any education program or activity operated by a recipient that receives federal financial assistance. Title IX Covers sexual harassment that happens in a school’s “education program or activity.”
Not just “on campus” situations. That includes locations, events, and circumstances where a school exercises substantial control over the context of the alleged harassment and the person accused of committing sexual harassment.
Sexual Harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, gender, and/or gender identity of those involved.
Conduct on the basis of sex that satisfies one or more of the following:
A school can never rely on restricting constitutionally protected speech as a way of showing the school satisfied its duty not to be deliberately indifferent to alleged sexual harassment.
Once a school has actual knowledge of sexual harassment or allegations of sexual harassment, the school has to respond and take action. A school has actual knowledge when the school has notice that a person may have been victimized by sexual harassment.
Any person, whether the alleged victim or a parent, friend, or bystander, has the right to report sexual harassment to put the school on notice. Reports can be verbal or written.
The anti-retaliation provision in the final regulations also expressly states that engaging in protected speech under the First Amendment never constitutes retaliation.
Grievance procedures require the school’s process to be “prompt and equitable,” meaning it must be a timely response to discrimination and provide both parties equivalent rights during the disciplinary process rather than having one-sided due process. For example, if the accused student is given a right to have an attorney present, so may the accusing student.
Consent is an informed and freely and affirmatively communicated willingness to participate in a sexual activity. Consent can be expressed either by words or by clear and unambiguous actions if those words or actions create mutually understandable permission regarding the conditions of each instance of sexual activity. It is the responsibility of the person who wants to engage in the sexual activity to ensure that they have the consent of the other person to engage in each instance of sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
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. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.
Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.
Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on Hallmark University to determine whether this Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
Supportive measures are free, individualized services designed to restore or preserve equal access to education, protect safety, or deter sexual harassment.
There doesn’t need to be a formal complaint for an alleged victim to receive supportive measures.
Supportive measures support a student, and they aren’t punitive or disciplinary with respect to another student.
Supportive measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening any other person.
The San Antonio Rape Crisis Center 24 hr. Hotline: 210-349-7273 Online Hotline: Click Here
RAINN (Rape, Abuse & Incest National Network) Hotline: 1-800-656-HOPE (4673) Online Hotline: Click Here
Family Violence Prevention Services (FVPS) FVPS has been helping victims of domestic violence in San Antonio since 1977. FVPS began as an emergency shelter for women and children and now it offers an array of shelter, transitional housing, counseling, children’s and legal services to help individuals and families recover from the pain and long-term effects of domestic violence. 24 hr. Hotline:210-733-8810
Sexual Assault Nurse Examiner (SANE) For adults and adolescents ages 17 and above Methodist Specialty and Transplant Hospital 8026 Floyd Curl Dr, San Antonio, Texas, 78229 Phone (ER) 210-575-8168
For children and adolescents ages 16 and under The Children’s Hospital of San Antonio 333 N. Santa Rosa St, San Antonio, Texas, 78207 Phone (ER) 210-704-2190
San Antonio Police Department – Victim Advocacy 210-207-2141
National Domestic Violence Hotline 1-800-799-SAFE (7233)
Services provided free of charge
Many students face bullying, harassment, and discrimination based on sex stereotypes and assumptions about what it means to be a boy or a girl. Students who are lesbian, gay, bisexual, transgender, queer, intersex, nonbinary, or otherwise gender non-conforming may face harassment based on how they dress or act, or for simply being who they are. It is important to know that discrimination against students based on their sexual orientation or gender identity is a form of sex discrimination prohibited by federal law. It is also important that LGBTQI+ students feel safe and know what to do if they experience discrimination.
Resource for Students and Families
1. What is sexual violence? Sexual violence includes sexual assault, sexual battery and sexual coercion. All such acts are forms of sexual harassment and covered under Title IX.
2. How do I know if I’ve been sexually assaulted? The Texas Penal Code – Section 22.011 defines sexual assault in several ways. Generally, sexual assault is any unwanted, non-consensual sexual contact against any individual by another. Sexual assault can occur either forcibly (against a person’s will) or when a person cannot give consent (under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc.). For more information on determining whether a sexual assault has occurred, please visit the Rape Abuse & Incest National Network’s (RAINN) information page entitled “Was I Raped?”
3. How do I know if I’ve been sexually harassed? Sexual harassment is any unwelcome sexual advances, requests for sexual favors, or verbal/physical conduct of a sexual nature when: – Submission to such conduct is made explicitly or implicitly a term or condition of employment, student status or participation in University activities. – Such conduct is sufficiently severe or pervasive that it substantially interferes with an individual’s education, employment, or participation in University activities; or – Such conduct is intentionally directed towards a specific individual and unreasonably interferes with that individual’s education, employment, or participation in University activities. Sexual harassment includes any criminal offense of a sexual nature under the Texas Penal Code. Examples of sexual harassment include displays of sexually suggestive materials or content, sexual jokes or innuendos, sexual touching, unwelcome flirting or advances, pressuring you for sex, repeated requests for dates, persistent email or social network communications, requiring sexual favors in exchange for a grade, a favor or some other benefit, sexual contact, sexual assault.
4. What should I do if I think I’ve been sexually harassed or victimized? Contact the Title IX Coordinator at (210) 969-7523, by email, or you may also fill out a complaint form and deliver it the Title IX Coordinator at 10401 IH-10 West, San Antonio, TX 78230.
5. Are women the only victims of sexual harassment or sexual violence? No, both females and males can be victims of sexual harassment and/or sexual violence. For more information regarding sexual assaults on males please visit the RAINN’s information page regarding Male Sexual Assault.
6. Is it possible to be sexually harassed/assaulted by someone of the same gender? Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.
7. The definition of sexual assault says it can occur either forcibly (against a person’s will) or when a person cannot give consent. What does “when a person cannot give consent” mean? In certain situations, a person does not have the capacity to agree to participate in consensual sex. Examples include individuals who are under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc. Anyone engaging in sexual contact with someone who is unable to give consent may be committing sexual assault.
1. To whom should I report that I’ve been sexually harassed/assaulted? Sexual harassment and acts of sexual violence should be reported to the Title IX Coordinator.
2. Will my complaint remain confidential? The privacy of the parties is a priority to Hallmark University. However, sometimes, limited information must be disclosed in order to fully investigate a complaint. If you are concerned about confidentiality, discuss this issue with the Title IX Coordinator.
3. What if I want to remain anonymous? Your confidentiality will be protected to the maximum extent possible, but anonymity may hinder an investigation into your complaint.
4. Do I have to identify the alleged perpetrator? Yes, in order to conduct a thorough investigation, the alleged perpetrator must be identified.
5. I’m concerned that reporting might make matters worse. Should I still file a complaint? Yes. If you have concerns for your safety, Hallmark University can provide escort services and take other steps to assist you.
6. My friend told me he or she was assaulted. What can I do to help? Be supportive – listen to what she or he has to say then encourage your friend to report the incident to the police or to the Title IX Coordinator. You should also consider reporting the incident yourself.
7. Do I have to report to Hallmark University? Is there someone outside Hallmark University I can report to? You also can report to the Department of Education’s Office of Civil Rights. However, Hallmark University is committed to addressing and preventing sexual harassment and sexual violence.
Per federal statute 20 U.S.C. § 1092(f), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Hallmark University annually reports campus crime and safety statistics to the Department of Education. Details of Clery Act reporting, and the most recent statistics available for Hallmark University, can be found here.
The Clery Act specifically requires that certain crimes that occur on campus, in off-campus buildings owned or controlled by Hallmark University, or on any public property within or immediately adjacent to and accessible from the campus, be reported by means of this report. These statistics are compiled using definitions of the Federal Bureau of Investigation’s Uniform Crime Reporting Program. To report a crime, download the Hallmark University Crime-Incident Report Form (PDF).
Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance
Hallmark University Title IX Non-Discrimination & Grievance Process Policy
Under the Texas Education Code (TEC), Section 51.253(c), the institution’s Chief Executive Officer is required to submit a data report at least once during each fall or spring semester to the institution’s governing body and post on the institution’s internet website a report concerning the reports received by employees under the TEC, Section 51.252 the type of incident described in the employee’s report constitutes “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, and any disciplinary actions taken under TEC, Section 51.255.
For the purposes of complying with the Chief Executive Officer’s reporting requirements under TEC, Section 51.253(c), the attached summary data report1 (Appendix A) includes all of the required reporting information to the Hallmark University Board of Trustees for the 2019-2020 academic year, as of 10/23/2020. The summary data in Appendix A is categorized based on the reporting requirements under TEC, Section 51.253(c). The reports received may be applicable in multiple reporting categories, and therefore, the summary data in the categories may not add up to the totals of other categories.
The summary data report is also posted on the https://hallmarkuniversity.edu/information/titleix/ as per the public reporting requirements under TEC, Section 51.253(c).
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria in the Texas Education Code have been omitted for the compliance purposes of this specific report.2
1 When identifiable, duplicate reports were consolidated and counted as one report in the summary data, and confidential employee reporting is noted as a sub-set to the total number of reports received. 2 For example, reports made by students and all other non-employees (including incidents under 3.5(d)(3)) are excluded from Appendices A and B. Additionally, if a Title IX Coordinator or Deputy Coordinator determines that the type of incident described in a report, as alleged, does not constitute “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, the report is excluded from Appendices A and B. It is the responsibility of the Title IX Coordinator or Deputy Title IX Coordinator to assess each report received and determine whether it is properly included in this report and if so, to correctly identify the type of incident. 3 Reports made by students and all other non-employees (including incidents under 3.5(d)(3)) are excluded from Appendices A and B. Additionally, if a Title IX Coordinator or Deputy Coordinator determines that the type of incident described in a report, as alleged, does not constitute “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, the report is excluded from Appendices A and B. It is the responsibility of the Title IX Coordinator or Deputy Title IX Coordinator to assess each report received and determine whether it is properly included in this report and if so, to correctly identify the type of incident. 4 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center, Student Health Center, Victim Advocate for Students, or Student Ombuds). 5 “Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 [See 19 Texas Administrative Code, Section 3.6(3) (2019)]; therefore, pending disciplinary processes will not be listed until the final result is rendered. 6 “No Finding of a Policy Violation” in this section refers to instances where there is no finding of responsibility after a hearing or an appeal process; investigations completed with a preponderance of evidence not met are excluded because it would not have moved forward into a disciplinary process. 7 The institution may have determined “not to initiate a disciplinary process.” The reasons for not initiating a disciplined process can include, but are not limited to case dismissal; insufficient information to investigate; confidential employee reporting (no identifiable information); the respondent’s identity was unknown or not reported; the respondent was not university-affiliated; the complainant requested the institution not investigate the report; the informal resolution was completed; the investigation is ongoing, or investigation was completed with a preponderance of evidence not met.
What is a Title IX Coordinator? The Title IX Coordinator is the university official responsible for ensuring Hallmark University complies with Title IX, including responding to and investigating all complaints of gender discrimination (including sexual harassment and sexual violence) at Hallmark University.
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