• Reports of sexual harassment may be directed to the Title IX Coordinator:

Elizabeth Balderrama, MBA, MEd
80 Fort Brown – Tandy 105
Brownsville, Texas 78520
956-295-3771
elizabeth.balderrama@tsc.edu

• Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive federal financial assistance.

• Sexual harassment is a form of sex discrimination defined as unwelcomed sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature.

Two Forms of Sexual Harassment

• Quid Pro Quo
• Hostile Environment

Quid Pro Quo

Quid pro quo – means “this for that” or “something for something.”  Quid pro quo harassment occurs when a College District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educated decision based on whether or not the student submits to the conduct;

Examples of Quid Pro Quo Involving Students

• Failing or disciplining a student because he/she refuses a romantic relationship.
• An instructor implies that a student may fail a course unless he or she grants sexual favors.

College Student:
  “Man, this guy is a real jerk.  Do you know what this guy did?  I was having trouble in his Biology class and I asked him for help.  He said to meet him in class after school.  When I showed up – he closed the door and sat down beside me.  And the next thing I know, the guy has his hand on my knee!  I said ‘What are you doing!’ And he said ‘What are you talking about?  If you want a good grade, you know what you have to do and if you tell anyone, I’ll make sure you flunk.’”

Two Forms of Sexual Harassment

• Quid Pro Quo
• Hostile Environment

Hostile Environment

Hostile Environment – occurs when sexual conduct is so severe, persistent, or pervasive that it limits or denies the student’s ability to participate in or benefit from the College District’s educational program.

Examples of Hostile Environment

• Threatening or intimidating conduct;
• Offensive jokes;
• Name-calling, slurs, or rumors;
• Physical aggression or assault;
• Display of graffiti or printed material; or
• Other types of aggressive conduct such as theft or damage of property.

If you believe you have been subjected to unwanted sexual attention or behavior:

• Respond – make your feelings absolutely clear and ask the behavior to stop.
• Document – note the time, place, and specifics of each incident, including any witnesses.
• Report – continuing harassment should be reported according to TSC’s policy.

It is sexual harassment of a student when:

• A College District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educated decision based on whether or not the student submits to the conduct; or
• The conduct is so severe, persistent, or pervasive that it affects the student’s ability to participate in an educational program or activity or creates an intimidating, threatening, hostile, or abusive educational environment.

• Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from the College District’s educational programs.

Reporting Procedures

• Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to the Title IX Coordinator or another employee or submit the report electronically through the College District’s website.
• The submission of an anonymous electronic report may impair the College District’s ability to investigate and address the prohibited conduct.

Alternative Reporting Procedures

• A student shall not be required to report prohibited conduct to the person alleged to have committed the conduct.

Timely Reporting of Student Sexual Harassment (FFDA Local)

• Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the College District’s ability to investigate and address the prohibited conduct.

What can I do if a person reports harassment to me?

• Pay attention!
• Report all such complaints to the appropriate person (see policy).
• Use common sense and judgment

• College receives a report;
• College notifies both parties to the complaint of the allegation and the formal and informal options for resolution of the complaint;
• Take interim measures (if necessary);
• Conduct a thorough interview (if unable to resolve informally);
• Interview both parties
• Interview witnesses
• Gather evidence
• Conduct a hearing – serves as due process for responding party and serves as an opportunity for both parties to respond to the report;
• Notify the victim and the person against whom the complaint is filed of the outcome;
• Make a determination (i.e. responsible or not responsible);
• Impose sanctions (if necessary). Please see Student Handbook for sanctions.

Confidentiality

• The College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses.
• Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.

False Claims and Refusing to Cooperate 

• FFDA (Local)
• A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with the College District investigation regarding discrimination or harassment shall be subject to appropriate disciplinary action.

Retaliation  

• Please remember that retaliation against an employee or student who complains about sexual harassment or prohibited harassment is illegal.

• Consent – consent is understood as an affirmative agreement to engage in various sexual or non-sexual activities. Consent is an enthusiastic, clearly communicated and ongoing yes. One can’t rely on past sexual interactions, and should never assume consent.  The absence of “no” is not a “yes.”  When sex is consensual, it means everyone involved has agreed to what they are doing and has given their permission.  Nonconsensual sex is rape.  A person who is substantially impaired cannot give consent.
• https://youtu.be/QDhKM8qWWBM?list=RDyX6va9glqgA