AlamoCARES/Title IX

Title IX a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal financial must comply with Title IX.

Sexual misconduct encompasses unwelcome conduct of a sexual nature that is prohibited by Title IX and Alamo Colleges. It includes, but is not limited to, sexual harassment, sex/gender discrimination, sexual assault, rape, stalking, and relationship violence (including domestic and dating violence). It is a violation of this policy and the law, including Title IX, to commit these acts or to attempt to commit them, Sexual misconduct can occur in any sex or gender configuration (i.e., between the opposite sex or same sex) regardless of sex and gender identity. 澳门新葡京博彩严格禁止员工和学生的不当性行为.

Sexual violence refers to physical acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the student's age or use of drugs or alcohol, or because of an intellectual or other disability prevents the student from having the capacity to give consent).

Sexual Violence is defined as:

• Any intentional sexual touching, however slight
• With any object or part of the body
• By a person upon another person
• That is without consent and/or by force
• Or other intentional bodily contact of a sexual nature

Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Sexual violence is a form of sexual harassment which is prohibited by Title IX, Title VII, and state law.

联邦和德克萨斯州法律将性骚扰视为性别/性别歧视的一种形式, therefore, as an unlawful discriminatory practice. Sexual harassment consists of:

Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual/gender nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, educational environment, or academic status, (2)个人对这种行为的服从或拒绝被用作雇用的依据, educational, or academic decisions affecting such individual, or (3) such conduct is sufficiently severe, pervasive or persistent that it has the effect of unreasonably interfering with an individual's work, educational environment, or academic performance by creating an intimidating, hostile, or offensive working, educational, [residential] and/or social environment.

For purposes of the Texas Penal Code § 22.011(b)，性侵犯是未经同意的原因，包括以下几点: 

A school violates a student's rights under Title IX regarding student-on-student sexual violence when the following conditions are met:

• The alleged conduct is sufficiently serious to limit or deny a student's ability to participate in or benefit from the school's educational program, i.e. creates a hostile environment;
• The school, upon notice, 未能采取及时有效的合理措施来结束性暴力, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

A hostile environment is created when there is a repeated series of pervasive events that makes the student unable to participate and/or learn from the educational program. The more severe the conduct, 就越不需要展示一系列重复的事件来证明一个充满敌意的环境, particularly if the conduct is physical. A single or isolated incident of sexual violence may create a hostile environment.

Title IX also protects students from other forms of sexual harassment (including sexual violence and sexual abuse), such as sexual harassment carried out by school employees. Sexual harassment by school employees can include unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature, including but not limited to sexual activity. Title IX's prohibition against sexual harassment generally does not extend to legitimate nonsexual touching or other nonsexual conduct. But in some circumstances, 非性行为可能带有性的内涵，并上升到性骚扰的程度. For example, a teacher repeatedly hugging and putting his or her arms around students under inappropriate circumstances could create a hostile environment. Early signs of inappropriate behavior with a student can be the key to identifying and preventing sexual abuse by college personnel.

Title IX reference policies can be found below.

H.1.1 (Policy) Equal Education and Employment Opportunities (PDF)

H.1.2 (Policy) Civil Rights Discrimination, Harassment, and Retaliation: (PDF)

F.4.2 (Policy) Student Code of Conduct (PDF)

When a Title IX complaint is received, Alamo Colleges will take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that sexual violence created a hostile environment, Alamo Colleges will take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

澳门新葡京博彩将在必要时保护投诉人并确保其安全, including taking interim steps before the final outcome of any investigation.

投诉人会定期收到有关调查进展的最新资料, if it is confirmed that sexual violence has occurred, Alamo Colleges will protect the complainant and ensure his or her safety, as necessary.

澳门新葡京博彩还将确保投诉人了解任何可用的资源, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and legal assistance, and the right to report a crime to campus or local law enforcement.

There is an extensive list of resources for the eight counties served by the Alamo Colleges in AlamoCARES Student Resources. The list contains victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, legal assistance and law enforcement contact information.

If you would like a Title IX investigation completed, you can request that your information is kept confidential and Alamo Colleges will do everything to keep it as such. But if the allegation is of such a serious nature your information may be used at the discretion of the Title IX Coordinator or designee. Your personal information would only be used in the completion of the investigation and only shared with those directly involved in the Title IX investigation.

Yes, it's your choice. If you would like to speak to a confidential counselor, 它们是由澳门新葡京博彩免费提供的，该事件不会被报告, if that is what you choose to do.

College Counselor's Offices

Northeast Lakeview College
486-5000
STCM 222H Student Commons

Northwest Vista College
210-486-4357
Huisache Hall (HH) 101

Palo Alto College
486-3333
CSSC Rm. 200

St. Philip's College
486-2333
Welcome Enrollment Center 106L

San Antonio College
486-0334
Moody Learning Center 100

是的，你可以选择向执法部门报告任何性暴力行为. Any serious incident will be directed to law enforcement to ensure the safety of the student and others.

Alamo Colleges Police Department
Emergency 210-485-0911
24 Hour Dispatch 210-485-0099 dst-dpsdispatch@tilar.net
Personal Safety http://www.disability.tilar.net/district/police/personal-safety/

All parties involved are given equal consideration and due process. While the Alamo Colleges District will, in the interim, ensure a safe environment for the complainant, the Alamo Colleges District will also ensure the respondent has as little disruption to their own educational experience as possible. The Title IX investigation will typically take up to 60 days to complete, with an appeal process lasting up to another 30 days. Both parties will be informed on the progress of the investigation and given the opportunity to provide witnesses or evidence. Individuals found to be in violation of Title IX will be subject to the Student Code of Conduct and disciplinary actions associated with it.

Statement of Complainant's Rights, Whether Employee or Student:

A complainant is a person who makes a complaint of civil rights discrimination, harassment or retaliation under this policy.

1. A complainant has the right to file a criminal complaint.
2. A complainant has the option to, or not to, notify and seek assistance from law enforcement and/or Alamo Colleges' authorities.
3. A complainant and the College District have the right to seek restraining, judicial no-contact and protective orders, internal no contact orders, and criminal trespass warnings to ensure personal safety and maintain as safe campus and work environment.
4. A complainant has the right to have a prompt, fair, and impartial Civil Rights Complaint and Resolution Procedure that ensures a fair, prompt, and equitable process for both parties.
5. A complainant has the right to present his or her case, including the right to an adequate, reliable, and impartial investigation of complaints, the right to an equal opportunity to present witnesses and other evidence, and the right to the same appeal procedure for complainant and respondent.
6. A complainant has the right to be treated with respect by College officials.
7. A complainant has the right to take advantage of Alamo Colleges support resources (such as College Counseling, College Health Services for students, or EAP services for employees).
8. A complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., more likely than not the harassment other conduct occurred).
9. A complainant has the right to have an adviser, attorney, or other advocate of the complainant's choice and at the complainant's cost present during the Civil Rights Appeal Procedure..
10. A complainant has the right to refuse to have an allegation resolved through conflict resolution procedures.
11. A complainant has the right to be considered for amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
12. 投诉人有权因从事受保护的活动而不受报复.
13. A complainant has the right to have complaints heard in substantial accordance with the Civil Rights Complaint and Resolution Procedure and procedures and to participate in the process whether the injured party or the College District is the complainant.
14. 投诉人有权以书面通知投诉人有关投诉的结果/解决办法, sanctions where permissible, and the rationale for the outcome where permissible. A complainant has the right to challenge any finding, decision, determination, sanction, or action taken and the right for Student Code of Conduct procedures to be followed where applicable.

Statement of Respondent’s Rights, Whether an Employee or Student:

1. A respondent has the right have a prompt, fair, and impartial Civil Rights Complaint and Resolution Procedure that ensures an equitable process to both parties. 
2. A respondent has the right to be advised of the complaint against him or her and to the same due process rights as the complainant. 
3. A respondent has the right to an adequate, reliable, and impartial investigation of complaints, the right to an equal opportunity to present witnesses and other evidence, and the right to the same appeal procedure as the complainant. 
4. A respondent has the same right as a complainant to present his or her case, to present witnesses and other evidence, and to challenge the complaint made against respondent. 
5. A respondent has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., more likely than not the harassment other conduct occurred). 
6. A respondent has the right to have an adviser, attorney, or other advocate of the respondent’s choice and at the respondent’s cost present during the Civil Rights Appeal Procedure.. 
7. A respondent has the right to be considered for amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident. 
8. A respondent has the right to have complaints heard in substantial accordance with the Civil Rights Complaint and Resolution Procedure and to participate in the process whether the injured party or the College District is the complainant. A respondent has the right to be treated with respect by College officials. 
9. 被调查者有权利用校园支持资源(如心理咨询), College Health Services for students, or EAP services for employees). 
10. A respondent has the right to refuse to have an allegation resolved through conflict resolution procedures. 
11. A respondent has the right to have complaints heard in substantial accordance with the Civil Rights Complaint Resolution Procedure and to participate in the process whether the injured party or the College District is the complainant. 
12. 被投诉人有权被书面告知投诉的结果/解决办法, any sanctions imposed against the respondent, and the rationale for the outcome. 
13. A respondent has the right to challenge any finding, decision, determination, sanction, or action taken against respondent and the right for Student Code of Conduct procedures to be followed where applicable.

Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity.

Retaliation against an individual for alleging harassment, supporting a complainant or for assisting in providing information relevant to a claim of harassment is a serious violation of College District policy and will be treated as another possible instance of harassment or discrimination.

Acts of alleged retaliation should be reported immediately to the Title IX/VII/ADA/504 Coordinator or designated Deputy and will be promptly investigated.

Alamo Colleges is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

No, as a student of the Alamo Colleges District you are covered by Title IX no matter where the incident occurs and have the right to report and seek help.

Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity.

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity.

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.

如果一个人无法理解正在发生的事情或迷失方向，他或她就不能同意, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs.

在知道或应该知道的情况下从事性活动的人, 对方身体或精神上无行为能力违反了本政策.

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g.，以了解“谁，什么，何时，何地，为什么或如何”的性互动)。.

This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.

No, it’s never your fault; any reasonable person can determine if a person is impaired and not able to consent to sexual activity. 

There is no excuse that either party was under the influence and did not know what they were doing.

No, Alamo Colleges will ensure that your rights under Title IX are respected and will not pursue secondary offenses when a student was allegedly the victim of sexual violence.

No, it’s your body and your choice.  在你决定不再参与的任何时候，所有的性行为都停止了.

不，永远意味着不，没有人有权强迫你做任何你不想做的事.

Yes, if the behavior is pervasive and interfering with your ability to benefit from the school’s educational program then a hostile environment has been created. 

If reported this incident would be investigated under Title IX and interim remedies would be offered to ensure that you would be able to continue your educational experience.

是的，你有权保密并且可以私下与任何澳门新葡京博彩的员工交谈. 

If the person insists to be with you notify the employee ahead of time and arrangements can be made.

跟踪包括在一段时间内故意重复的行为或行为, directed at a specific person, or member of the specific person’s family or household or an individual with whom the specific person has a dating relationship which causes the person 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 to feel harassed, annoyed, alarmed, abused, tormented, embarrassed or offended.

跟踪和网络跟踪是德克萨斯州法律和大学区禁止的行为.

There are many different ways a person may stalk another. 

这些并不是一个包罗万象的列表，而是目前正在使用的一些常见方法. 

Stalking can take place on popular social media sites such as Facebook. When the information is not secured an individual can track a person’s current and future locations. 

Cell phone tracking is another method of stalking.  An individual can hide a cell phone either inside or outside a vehicle and then monitor movements by GPS and if placed in the vehicle listening to conversations. 

Another method is by what is called “Spoofing”, in this method a person masks their phone number when calling someone else and can send any phone number to the other person’s cell phone, masking their identity and pretend to be someone else.

Abusive behavior can manifest in many forms and often escalates from threats and verbal abuse to violence.

While the threat of physical injury is the most obvious danger, the emotional and psychological consequences of abuse are also severe. 这种虐待包括轻视或控制行为，导致自我厌恶的感觉, helplessness, and desperation.

The most telling sign of an unhealthy and abusive relationship is fear of the person committing the acts.

识别情感虐待和暴力行为的迹象和症状, the situation should be assessed for the following:

• Seem afraid or anxious to please their partner; 
• Go along with everything their partner says and does; 
• Check in often with their partner to report where they are and what they’re doing; 
• Receive frequent, harassing phone calls from their partner; 
• Talk about their partner’s temper, jealousy, or possessiveness.

Persons who are being physically abused may: 

• Have frequent injuries, with the excuse of “accidents;” 
• Frequently miss work, school, or social occasions, without explanation; 
• Dress in clothing designed to hide bruises or scars (e.g. wearing long sleeves in the summer or sunglasses indoors).

Persons who are being isolated by their abuser may:

• Be restricted from seeing family and friends;
• Rarely go out in public without their partner;
• Have limited access to money, credit cards, or the car.

Persons who are being abused may: 

• Have very low self-esteem, even if they used to be confident; 
• Show major personality changes (e.g. an outgoing person becomes withdrawn); 
•  Be depressed, anxious, or suicidal.

A bystander is someone who sees a situation but may or may not know what to do, may think others will act or may be afraid to do something.

Intervening in abusive or potentially violent behavior first requires an ability to identify the warning signs and then consider whether the situation demands action.

Before getting involved, the priority is to evaluate safe and positive ways to act to prevent or intervene.

如果情况已经很暴力或正在迅速升级，不要直接干预. Call the police.

Domestic Violence is referred to as “Family Violence” in Texas.

The Texas Family Code at § 71.004 defines “Family violence” as:

(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(1), (C), (E), and (G), by a member of a family or household toward a child or the family or household; or

(3) dating violence, as that term is defined by Section 71.0021 of the Texas Family Code.

Dating Violence, as defined by § 71.0021 in the Texas Family Code, means an act, other than a defensive measure to protect oneself, by an actor that: 

(i) is committed against a victim:

(a) with whom the actor has or has had a dating relationship; or
(b) because of the victim’s marriage to or dating relationship with an individual with whom the actor is or has been in dating relations or marriage; and 

(ii) 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. 

(iii) “Dating relationship” under the Texas Family Code means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. 这种关系的存在应在考虑以下因素的基础上确定:

1. the length of the relationship;
2. the nature of the relationship; and
3. 关系中涉及的人之间互动的频率和类型.