Reporting

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1.4 – Reporting Sexual Misconduct

Individuals may choose to seek action or assistance both on campus as well as through surrounding community resources. The following are examples of reasons that one might choose to report an incident of alleged misconduct to:

• To receive support in coping with an incident.
• To make Austin College aware of behavior in case it is part of a larger pattern.
• To help prevent similar incidents from happening in the future.
• To seek information about taking formal action against someone.
• To seek information about educating someone about their behavior through use of the College’s Title IX process and procedures.

Reports should be filed with the Title IX Coordinator or Deputy Coordinator:

Title IX Coordinator Melanie Oelfke  Director of Wellbeing and Human Resources Administration Building, Room 211 900 N. Grand Ave., STE 6I Sherman, TX 75090 Telephone: 903.813.2433 Email: moelfke@austincollege.edu

Deputy Title IX Coordinator Jake Sapp Compliance Officer Administration Building, Rm 216 900 N. Grand Ave., STE 6I Sherman, TX 75090 Telephone: 903.813.2432 Email: jsapp@austincollege.edu

After a report of Sexual Misconduct has been filed with the Title IX Office, the Title IX  Coordinator and/or Deputy Coordinator will:

1. Discuss the availability of supportive measures to the Reporting Participant,
2. Explain the process for filing of a Formal Complaint
3. Explain the Formal Resolution and Informal Resolution process.
4. Assess the nature and circumstances of the allegation;
5. Address any immediate concerns about the physical safety and emotional well-being of the participants;
6. Notify the reporting participant of the option to notify law enforcement;
7. Provide the reporting participant with information about the range of available on- and off-campus resources;
8. Describe the range of interim measures and remedies for security and support.

Once reported to the Title IX office, Supportive Measures are available as appropriate to the reporting party with or without the additional step of going through an Informal or Formal resolution.

A report is not a request for an investigation or adjudication,
these are triggered by the filing of a Formal Complaint.

Reports to anyone other than the Title IX Coordinator and the Deputy Title IX Coordinator does not qualify Austin College as having Actual Knowledge of Sexual Misconduct. Submitting a Report of Sexual Misconduct does not guarantee any particular result.

1.41 Student and Alumni / Third-Party Reports

All Students and Third Parties wanting to make a report of sexual misconduct may do so in the following ways:

1. In person or through mail to the Title IX Coordinator, Melanie Oelfke, 900 N. Grand Ave., STE 6I Sherman, TX 75090.
2. Through email to the Title IX Coordinator, moelfke@austincollege.edu
3. Over the phone to the Title IX Coordinator, 903.813.2433
4. Online non-anonymously through the Sexual Misconduct Communication Form, available on Austin College’s Title IX webpage.
5. Online and over the phone anonymously through clicking the campus conduct hotline, which is found at the bottom of every Austin College webpage.
6. To a Limited Reporter Employee (Section 1.42.43), with the individual understanding that the employee must report at the minimum, the type of harassment disclosed (the employee may give more information if students give permission to employee).
7. To a non-Limited Reporter Employee (Section 1.42.1), with the student understanding that the employee must report all information non-anonymously to the Title IX Coordinator.
8. To a Student Employee Resident Assistant and/or FSL with the student understanding that the Student Employee has the obligation to report all information non-anonymously to the Title IX Coordinator.

1.42 Employee Reports (All Faculty and Staff)

1.42.1 Non-Confidential Employees

Under Texas SB 212 all employees of Austin College who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking and is alleged to have been committed by or against a person who was a student enrolled at or an employee of the institution at the time of the incident shall promptly report the incident to the institution’s Title IX Coordinator, or Deputy Title IX Coordinator. That report must include all the information concerning the incident known to the reporting person that is relevant to the investigation and, if applicable, redress of the incident, including whether an alleged victim has expressed a desire for confidentiality in reporting the incident.

1.42.2 Exceptions to the Employee Reporting Requirement

1. When the person is a victim of sexual harassment, sexual assault, dating violence, or stalking. (Employees are not required to report their own experiences)
2. When the disclosure was made at a public awareness event on sexual harassment, sexual assault, dating violence, or stalking, and the event was sponsored by Austin College, or by a student organization affiliated with Austin College.
3. Employees that are currently enrolled as students are not considered employees who have the obligation to make a report under TX SB 212.
4. Employees that are designated as Limited-Reporter Employees.

1.42.3 Limited Reporter Confidential Employees

These are Employees of Austin College who have been designated by the college as a person with whom students may speak confidentially concerning sexual misconduct covered under this policy, or who receives information regarding such an incident under the circumstances that renders an employee’s communications confidential or privileged under other law shall. While required to make a report to the Title IX Coordinator, they must state only the type of incident reported and may not include information that would violate a student’s expectation of privacy. The following employees and Process Advisors are designated as Limited Reporters:

Austin College Counselors Counseling Services Adams Center 903.813.2247

John Williams College Chaplain Wynne Chapel 903.813.2220

Lenora Hatch Medical Professional Adams Center 903.813.2247

    
1.43 Timing of Reports

There is no time limit for the submission of a report alleging sexual misconduct.

1.44 Reporting Sexual Abuse Regarding Minors

Employees of Austin College are required to report known sexual child abuse or neglect, and suspected sexual child abuse or neglect. To report to DFPS, call the 24-hour, toll-free abuse hotline at 1.800.252.5400 from anywhere in the United States to report abuse or neglect that happened in Texas.

1.5 - Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to Austin College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Academic Supportive measures will be coordinated with and communicated to the faculty member(s) of record and the Academic (divisional) Dean or the Vice President for Academic Affairs. Supportive measures will be confirmed in writing. Supportive measures may include:

• Counseling,
• Extensions of deadlines or other course-related adjustments,
• Modifications of work or class schedules,
• Campus escort services,
• Mutual restrictions on contact between the parties,
• Changes in work or housing locations,
• Leaves of absence,
• Honoring an order of protection or a no-contact order entered by a State civil or criminal court. Increased security and monitoring of certain areas of the campus,
• Other similar measures.

The Title IX Office will maintain as private any supportive measures provided to the complainant or respondent, to the extent that maintaining such privacy would not impair the ability of the College to provide the supportive measures. An employee or student’s failure to comply with the terms of interim measure directives is a separate violation of Austin College policy.

The availability of Supportive Measures and/or action taken by Austin College may be limited in instances where reports are made by individuals that are not participating in or attempting to participate in Austin College’s educational program or activity.