Jacksonville College (JC) is committed to providing a safe and nondiscriminatory learning, living, and working environment for all members of the College community. JC reserves the right to make changes and amendments to this policy and procedure as needed, with appropriate notice to the College community.

Jacksonville College has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator.

Jacksonville College’s Non-Discrimination Policy is committed to providing a safe and nondiscriminatory learning, living, and working environment for all members of the College community. Jacksonville College does not unlawfully discriminate on the basis of race, color, national or ethnic origin, disability, age, religion, genetic information, veteran or military status, sex, or any other basis on which the College is prohibited from discrimination under local, state, or federal law, in its employment or in the provision of its services, including but not limited to its programs and activities, admissions, educational policies, scholarship and loan programs, and athletic and other college-administered programs and it does not tolerate unlawful discrimination or harassment on the basis of sex. No person at Jacksonville College will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, sexual harassment, or sexual misconduct under any education program or activity.

In order to fulfill its purpose, the College may legally discriminate on the basis of religion in employment. The College has also been granted exemption from certain regulations promulgated under Title IX of the Education Amendments of 1972 which conflict with the College’s religious tenets.

The College will comply with:

Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in the College's programs and activities, and Title IX regulations issued in May 2020;
the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA);
Title VII of the Civil Rights Act of 1964;
Chapter 21 of the Texas Labor Code; Chapter 40, Section 819 of the Texas Administrative Code; pertinent provisions of the Texas Education Code, and other applicable law.

As a religiously controlled institution of higher education, JC is also entitled to statutory and constitutional protections for its religious liberty that exempt it from certain provisions of civil rights laws, including but not limited to:

The religious organization exemption under Title VII of the Civil Rights Act of 1964, for additional reference click here.
The religious exemption to Title IX of the Education Amendments of 1972, and
The Free Exercise Clause of the First Amendment to the United States Constitution, among others.

The College is guided by the Bible and shall teach and operate in accordance with the Doctrinal Statement adopted by the churches of the Baptist Missionary Association of Texas..

This policy sets forth the procedures that will be used to investigate and respond to reports of Prohibited Conduct. The College will respond, in a way that is not deliberately indifferent to reports about Prohibited Conduct with measures designed to eliminate the conduct, prevent its recurrence, and remedy any adverse effects of the conduct on individuals, members of the campus community, or College-related programs or activities. In addition, the College will offer supportive measures that are designed to restore or preserve equal access to JC programs and activities and protect individual and campus safety. §106.44(a).

Within the bounds of applicable law, the College will make reasonable efforts to investigate and address reports of Prohibited Conduct, regardless of how the information was brought to the College's attention or the extent to which the complainant wishes to participate or be involved. See Balancing Complainant Autonomy with College Responsibility to Investigate.

Jacksonville College’s Sexuality and Gender Statement is directed by its mission to provide a Christ-centered education that prepares students to lead meaningful lives that transform the world. With the mission of JC as guidance for all institutional goals, it is of utmost importance that JC instills in its students a Christ-centered view of education, life, and human sexuality. Using the premise that human sexuality is a gift from God and applying biblical principles as the foundation for an understanding of human sexuality, JC strives to educate students regarding the purpose of this gift. JC believes that God gifted human sexuality for the purpose of procreation and for creating a strong, unified marital bond between one man and one woman.

Students and employees at JC are expected to conduct themselves at all times in accordance with the highest standards of Christian morality. Toward this end, the College may subject to disciplinary action any student or employee who engages in the following:

Sexual activity with a person other than his or her spouse
Sexual activity with a person of the same sex
Touching, caressing, and other physical conduct of a sexual nature that is inappropriate to the time and place in which it occurs
Participation in advocacy groups and/or activities that are contrary to JC scriptural beliefs about human sexuality
The possession or viewing of pornographic material

The actions listed above violate the College’s commitment to sexual purity in line with its scriptural beliefs about human sexuality. These types of violations are covered more fully in the Student Code of Conduct section of Jacksonville College Student Handbook and Personnel, containing the disciplinary consequences for such violations.

While Jacksonville College encourages adherence to the College’s Sexuality and Gender Statement, the College recognizes that each student will make independent decisions about their own conduct. The College expects students to reflect Christ-like character, conducting themselves in a manner consistent with biblical principles. The College prioritizes the reporting of sexual assault, and under no circumstances will a complainant, respondent, or witness who provides information about an alleged sexual assault or other Prohibited Conduct be charged with student conduct violations related to the Sexuality and Gender Statement, regardless of the outcome. Additionally, the College will not pursue disciplinary measures against anyone for disclosing personal consumption of alcohol or drugs (underage or illegal) during good faith reporting or resolution processes, provided that such consumption does not endanger another person's health or safety.

All JC students and employees have access to Confidential Resources for support and guidance, whether or not they choose to report to the College or engage in a resolution process.

The College's Title IX Coordinator

The Title IX Coordinator coordinates the College's compliance with Title IX and related provisions of the Clery Act. The Title IX Coordinator oversees the College's centralized response to all reports of Prohibited Conduct to ensure consistent implementation of this policy and compliance with federal and state law.

The Title IX Coordinator will:

Notify applicants for admission and employment, students, employees and other members of the college community the following information applicable to the Title IX Coordinator for Jacksonville College:

Ashley Bristow

Title IX Coordinator

Jacksonville College

105 B.J. Albritton Drive

Jacksonville, Texas 75766

title9@jacksonville-college.edu

(903) 586-2518

Communicate with all members of the College community regarding applicable law and policy and provide information about how individuals may access reporting and support options.
Review applicable College policies to ensure institutional compliance with applicable federal and state law.
Monitor the College's administration of its own applicable policies, including record keeping, adherence to timeframes, and other procedural requirements.
Conduct or arrange for training regarding Title IX, related provisions of the Clery Act (as amended by VAWA), and Prohibited Conduct defined in this policy.
Respond as appropriate and within the bounds of the law to any report regarding conduct that may violate this policy. In this capacity, the Title IX Coordinator shall oversee the investigation and resolution of such alleged misconduct, direct the provision of any interim or supportive measures (including oversight of the failure to abide by an interim or supportive measure), and monitor the administration of any request for review of the finding.

Inquiries about Title IX and the Clery Act may be referred to Jacksonville College’s Title IX Coordinator; the United States Department of Education, Clery Act Compliance Division (at clery@ed.gov); the United States Department of Education, Assistant Secretary for Civil Rights at the Office for Civil Rights (at OCR@ed.gov or 800-421- 3481); and/or the Equal Employment Opportunity Commission (at info@eeoc.gov or 800-669- 4000). Concerns related to employment or housing discrimination may also be addressed to the Texas Workforce Commission (at 888-452-2642 or www.twc.state.tx.us/programs/civil-rights-program-overview).

Scope of this Policy

Students and Employees

This policy governs the conduct of JC students, regardless of enrollment status, as well as faculty and staff.

Third Parties

Third parties (nonmembers of the College community, such as vendors, alumni/ae, and visitors) may report potential policy violations committed by a member of the College community. The College will investigate and respond to such conduct consistent with its authority over the respondent. A third party may be subject to investigation and/or other actions for alleged violations of this policy, including potential exclusion from areas or activities controlled by the College for failing to comply with this policy. The College may take such action without providing the full rights and processes afforded to JC community members.

Complaints by third parties that constitute Code of Conduct Violations may be investigated at the College's discretion. If an investigation ensues, the consequences for Code of Conduct Violations may apply.

Procedures

Various procedures provided in this policy may be used to address Prohibited Conduct that occurs:

on campus or College property;
in the context of any College-related or sponsored education program or activity, regardless of the location (including travel, or internship programs);
by a JC student under the Student Code of Conduct;
by a JC employee;
through the use of College-owned or provided technology resources; or
when the conduct has a nexus to the College, such as continuing adverse effects or the creation or continuation of a hostile environment on campus.

Jurisdiction

The Title IX Coordinator will review each report to determine the College's jurisdiction over the allegations and whether disciplinary authority exists over the respondent or the conduct. For reported conduct occurring off campus without a nexus to the College or Collegesponsored programs, the College's ability to investigate and impose disciplinary action may be limited based on its authority and the information available.

If the College lacks disciplinary authority over the respondent, it will still take reasonable steps to support the complainant through interim or supportive measures and assist in identifying external reporting mechanisms.

Definitions

This policy uses the terms actual knowledge, complainant, formal complaint, respondent, notice, party, third party, and witness as follows:

Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official of the College who has authority to institute corrective measures on behalf of the College. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the College with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the College. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in §106.8(a).
Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment.

At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the College with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator under §106.8(a), and by any additional method designated by the College.
As used in this policy, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the College) that contains the complainant's physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party under this part or under §106.45, and must comply with the requirements of this part, including §106.45(b)(1)(iii).

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Notice is, but is not limited to, a report of sexual harassment to the Tile IX Coordinator.
Party or parties may also be used to refer to a complainant or respondent participating in a resolution process.
Third party refers to an individual who is not a College student, faculty member, or staff member (e.g., vendors, alumni/ae, volunteers, or visitors).
Witness refers to an individual who may have information relevant to a report of Prohibited Conduct. A witness may be a student, an employee, or a third party.

Coordination with Other Policies

This policy addresses discrimination on the basis of sex as it relates to Title IX Sexual Harassment and Code of Conduct Violations as defined in more detail below. Sex discrimination (not based on harassment or violence), and harassment based on race, color, nationality or ethnic origin, age, disability, or other protected characteristic are governed by the College’s Non-Discrimination Policy.

This policy prohibits:

sexual harassment as defined by Title IX (“Title IX Sexual Harassment”); and
certain other forms of sexual and interpersonal misconduct not covered by Title IX (e.g., certain types of sexual and gender-based harassment, sexual assault, sexual exploitation, stalking, intimate partner violence, retaliation, and complicity (“ Code of Conduct Violations”)) (collectively referred to in this policy as Prohibited Conduct).

These forms of Prohibited Conduct are harmful to the well-being of our community and its members, the learning and working environment, and collegial relationships among our students, faculty, and staff.

Findings of violations of Prohibited Conduct under this policy may result in discipline, including potential separation from the College and/or referral to separate consequences that could result in termination of employment. Some forms of Prohibited Conduct may also violate state and federal laws, and criminal prosecution may occur independently of any College process.

In addition, the conduct of students, employees, and faculty is governed by the following policies.

Student Code of Conduct

Applies to all other forms of student misconduct (e.g., alcohol or other drug use, threats or physical abuse, possession of firearms, etc.)
Overseen by Dean of Students

Sexuality and Gender Statement

Sets general expectation for JC students, faculty, and staff that sexual intimacy will be expressed consistently with the biblical understanding of human sexuality

JC Personnel Policies

Sets the standards of personal conduct for all employees, including faculty and staff
Includes the staff disciplinary and grievance policies

Policy on Personal and Professional Relationships

Prohibits romantic and/or sexual relationships between employees and students, and employees and any individual whom that person supervises or evaluates in any way

When reported conduct may violate both this policy and another College policy, the College may choose to investigate under this policy’s procedures rather than the usual procedures for other College policies, provided that this does not unduly delay a prompt and equitable resolution.

Prohibited Conduct

When determining whether reported conduct violates this policy, the College will consider the totality of the facts and circumstances involved in the incident, including the nature of the reported conduct and the context in which it occurred. Prohibited Conduct can be committed by individuals of any sex and can occur between individuals of the same or different sexes/genders. It may arise between strangers, acquaintances, or individuals involved in intimate, sexual, dating, domestic, or familial relationships. This policy prohibits various forms of conduct, collectively referred to as Prohibited Conduct, including attempts to commit such misconduct.

Title IX Sexual Harassment

“Title IX Sexual Harassment” is a subset of Prohibited Conduct. Under Department of Education regulations (see 34 C.F.R., Part 106) issued in 2020 to implement Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., the College is required to prohibit certain forms of sexual harassment as defined in those regulations. Title IX Sexual Harassment is Prohibited Conduct of the following types committed by or against Students and/or Employees in an education program or activity of the College, in the United States.

Prohibited Conduct meets the definition of Title IX Sexual Harassment when:

An Employee conditions the provision of an aid, a benefit, or a service on another Employee’s or a Student’s participation in unwelcome sexual conduct (i.e., Quid Pro Quo sexual harassment);
A Student, Employee, or Third Party (to the extent applicable) engages in unwelcome conduct on the basis of sex that would be determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies another person equal access to the College’s programs or activities;
A Student, Employee, or Third Party engages in Sexual Assault, Domestic Violence, Dating Violence, or Sexual and/or Gender-based Stalking as defined below; and
The alleged conduct was perpetrated against a person in the United States; and
The conduct took place within the College’s programs and activities. Conduct takes place within the “College’s programs and activities” when that conduct occurs:

in a location, at an event, or in a circumstance where the College exercises substantial control over both the respondent and the context in which the conduct occurs; or
in any building owned or controlled by a student organization recognized by the College. Events that occur off campus or in locations with no connection to the College are unlikely to be considered a College program or activity.

The following Prohibited Conduct definitions apply for purposes of the definition of Title IX Sexual Harassment.

Title IX Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment is conduct on the basis of sex by which an employee of the College conditions the provision of an aid, benefit, or service of the College on a student’s or employee’s participation in unwelcome sexual conduct.

Title IX Severe, Pervasive, and Objectively Offensive Sexual Harassment

Severe, pervasive, and objectively offensive sexual harassment is conduct on the basis of sex that constitutes unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student or employee equal access to the College’s education program or activity.

Title IX Sexual Assault

As required by the May 2020 Title IX regulations, the definition of Title IX Sexual Assault is any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Additionally, this policy incorporates the definitions of the FBI’s Uniform Crime Reporting (NIBRS) program, as follows:

Rape

The carnal knowledge of a person (i.e., penile-vaginal penetration, without the consent of that person,
Oral or anal sexual intercourse (i.e., penile penetration) with another person, without the consent of that person, and/or
To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of that person. An “object” or “instrument” is anything other than a penis.

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of that person (for purposes of this definition, “private body parts” means a person’s breast(s), buttocks(s), genitals, or other intimate parts, and prohibited fondling may be over or under clothing).

Incest

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent. Under Texas law, individuals younger than 17 years of age are legally incapable of giving consent to sexual penetration or contact by an adult (someone 18 years of age or older) who is three or more years older than the individual.

Title IX Domestic Violence

Title IX domestic violence is conduct that constitutes a felony or misdemeanor crime of violence committed:

By a current or former spouse or intimate partner of the complainant;
By a person with whom the complainant shares a child in common;
By a person who is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner;
By a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
By any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
To categorize an incident as domestic violence, the relationship between the complainant and the respondent must be more than just two people living together as roommates. They must be current or former spouses or have an intimate relationship.

Title IX Dating Violence

Title IX dating violence is conduct that constitutes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the reporting party’s statements and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition:

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Dating violence does not include acts covered under the definition of domestic violence.

Title IX Stalking

Title IX Stalking for purposes of the Title IX Sexual Harassment definition is conduct on the basis of sex that constitutes a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.

For the purposes of this definition:

Course of conduct means two or more acts, including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Texas Student Sexual Harassment

This definition of sexual harassment will be used in addition to and when formal complaints of student-on-student Title IX Sexual Harassment are mandatorily dismissed. TX Educ. Code §51.251. This definition applies to all complaints in which the Respondent is a student:

Unwelcome,
Sex-based,
verbal or physical conduct that,
is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities.

Texas Employee Sexual Harassment

This definition of sexual harassment will be used in addition to and when formal complaints of Title IX Sexual Harassment involving an employee Complainant are mandatorily dismissed. Texas Labor Code Subchapter C-1. This definition applies to all complaints in which any party is an employee:

unwelcome sexual advances,
request for sexual favors,
or any other verbal or physical conduct of a sexual nature if:

submission to the advance, request, or conduct is made a term or condition of an individual's employment, either explicitly or implicitly;
submission to or rejection of the advance, request, or conduct by an individual is used as the basis for a decision affecting the individual's employment;
the advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual's work performance; or
the advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

Code of Conduct Violations

The College prohibits specific sexual misconduct by any faculty, staff, or student and will classify conduct violating this policy that does not fit within Title IX or Texas law as Code of Conduct Violations. Code of Conduct Violations will be handled according to Student Handbook or Personnel, as applicable, for the items below.:

Sexual activity with another person outside a monogamous heterosexual marriage between one biological male and one biological female;
Inappropriate touching, caressing, or other physical conduct of a sexual nature contrary to JC’s scriptural beliefs about human sexuality;
Participation in advocacy groups or activities contradicting JC’s scriptural beliefs regarding human sexuality;
Possession or viewing of pornographic material;
Other expressions or actions inconsistent with JC’s scriptural beliefs about human sexuality and gender as articulated in JC’s Statement on Sexuality;

Title IX complaint procedures will be utilized for cases falling under the items below:

Sexual Inappropriate Conduct or Sexual Exploitation, as defined in this policy; or
Other sexual misconduct cases, including sexual assault, violence, harassment, discrimination, domestic or dating violence, stalking, sexual exploitation, and sexually inappropriate conduct defined in this policy that do not meet geographic or other criteria to be handled as Title IX cases or Texas law cases, but that nonetheless weigh in favor of JC protecting its faculty, staff, students, and visitors by exercising jurisdiction over the case.

Retaliation §106.71

Retaliation involves intimidating, threatening, coercing, or discriminating against any individual to interfere with any rights or privileges secured by Title IX or its implementing regulations—particularly against those who have made a report or complaint, testified, assisted in, or refused to participate in any investigation, proceeding, or hearing regarding Prohibited Conduct. This includes intimidation, threats, or discrimination related to any code of conduct violations that do not pertain to sex discrimination or harassment but arise from the same facts or circumstances as a report of sex discrimination or sexual harassment.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith during the grievance process does not constitute prohibited retaliation; however, a determination of responsibility alone is not sufficient to conclude that any party made a materially false statement in bad faith. The College will not tolerate intentional false reporting of incidents. Filing a false report violates Jacksonville College Student Handbook policies and may also breach state criminal statutes and civil defamation laws.

Additionally, under Texas Education Code §51.254, the College will not discipline or discriminate against any employee or student for good faith reporting of Prohibited Conduct to the Title IX Coordinator, cooperating with investigations, or resolutions related to such reports.

Concerns or questions about retaliation should be reported immediately to the College’s Title IX Coordinator. Complaints alleging retaliation may be filed through the Title IX Sexual Harassment procedure.

For retaliation regarding Code of Conduct Violations, students should file an incident report, while employees should contact Human Resources to report retaliation

Complicity

Complicity refers to any act that knowingly aids, facilitates, promotes, or encourages the commission of Prohibited Conduct by another person.

Supportive Measures

Supportive Measures are nondisciplinary, nonpunitive individualized services offered as appropriate and reasonably available, without fee or charge to the complainant or respondent, before or after the filing of a formal complaint or when no formal complaint has been made.

These measures aim to restore or preserve equal access to the College's educational programs or activities without unreasonably burdening the other party. They may include measures designed to protect the safety of all parties or the educational environment and deter sexual harassment.

For a list of supportive measures the College may employ, see Supportive Measures Process.

The College must maintain confidentiality regarding supportive measures provided to the complainant or respondent, as long as confidentiality does not impair the College’s ability to provide these measures.

The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Consent and Incapacitation

The following definitions clarify key terminology as used throughout the policy and apply to both Title IX Sexual Harassment and Code of Conduct Violations.

Consent

Consent is defined as the voluntary, informed, and freely given agreement, expressed through words and/or actions, to participate in mutually agreedupon activities. It occurs when each partner willingly and affirmatively chooses to engage.

In evaluating whether consent was freely sought and given, the College will consider the presence of any force, threat of force, coercion, or intimidation; whether the complainant had the capacity to give consent; and whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances and with similar identities) as an indication of willingness to engage in a specific act.

Coercion refers to the use of an unreasonable amount of pressure to gain sexual access. Coercion exceeds mere persuasion, enticement, or attraction. When a person clearly indicates they do not wish to participate in a particular activity or expresses, through words or actions, a desire to stop or not progress beyond a certain interaction, further pressure can be considered coercive. In assessing whether coercion was used, the College will evaluate:

The frequency of the pressure applied;
The intensity of the pressure;
The degree of isolation experienced by the person being pressured; and
The duration of the pressure.

Consent cannot be obtained through physical force or when there is a reasonable belief of the threat of physical force, nor can it be obtained by overcoming the physical limitations of another person.

Important points regarding the totality of the circumstances concerning consent include:

Consent to one act does not automatically constitute consent to another act.
Consent given on a prior occasion does not imply consent for future occasions.
Consent to engage in an act with one person does not imply consent to engage in that act with any other person.
The existence of a prior or current relationship does not, by itself, constitute consent; mutual consent is required even in a relationship.
Silence, passivity, or lack of resistance should not be interpreted as consent.
Communication is essential to understanding whether consent is present during the progression and/or regression of intimate interactions.
Once consent is established, an individual who wishes to withdraw consent should do so clearly through words or actions.
Consent can be withdrawn or modified at any time, and the activity must cease immediately once consent is withdrawn.

Under Texas law, individuals younger than 17 years are legally incapable of giving consent to sexual penetration or contact by an adult (someone 18 years of age or older) who is three or more years older than the individual.

Incapacitation

Incapacitation refers to the inability, either temporarily or permanently, to give consent due to a person's mental and/or physical helplessness, whether voluntary or involuntary, or because the individual is unconscious, asleep, or otherwise unaware that an activity is occurring. An individual is considered incapacitated if they are unaware of their surroundings, including where they are, how they arrived, or why they are engaged in an act.

The use of alcohol or other drugs can impair judgment and lead to confusion about whether consent is effectively sought and freely given. Incapacitation encompasses a state beyond mere drunkenness or intoxication. Determining whether an individual is incapacitated requires a thorough assessment, as the effects of alcohol and drugs vary between individuals.

The College does not expect community members to act as medical experts in identifying incapacitation. However, individuals should be vigilant for common and clear signs indicating that someone may be incapacitated or approaching that state. Signs of intoxication may include clumsiness, difficulty walking, poor judgment, trouble concentrating, slurred speech, vomiting, combativeness, or emotional volatility. An incapacitated person may be unable to respond adequately to questions such as:

"Do you know where you are?"
"Do you know how you got here?"
"Do you know what is happening?"
"Do you know whom you are with?"

An individual’s level of intoxication can fluctuate based on various factors, including the quantity of substances consumed, the speed of consumption, body mass, and metabolism. It’s important to note that the mere amount of alcohol or drugs consumed does not, by itself, ascertain incapacitation under this policy.

Alcohol consumption can also lead to memory impairment, sometimes referred to as "blackouts" or "brownouts." A person may exhibit symptoms of intoxication while appearing to function normally, possibly communicating interest in sexual conduct. Whether engaging in sexual conduct with someone who is "blackedout" constitutes Prohibited Conduct depends on observable factors indicating that the person is incapacitated, as described previously. Total or partial loss of memory alone, without further evidence, may not substantiate a claim of incapacitation under this policy.

Evaluating Consent in Cases of Reported Incapacitation

When the information raises the possibility that the complainant was incapacitated, the College will evaluate two key questions:

Did the respondent know that the complainant was incapacitated?
If not, should a sober, reasonable person in the respondent's circumstances have known that the complainant was incapacitated?

If the answer to either question is "yes," the complainant could not consent, indicating a likely violation of this policy.

A respondent’s voluntary intoxication is never an excuse or defense for Prohibited Conduct and does not diminish the responsibility to ensure that the other person has given consent and has the capacity to do so.

Confidentiality, Qualified Confidentiality, Privacy, and Reporting Responsibilities

Privacy and confidentiality are crucial elements of this policy and may affect individuals in varying ways. While these concepts are related, they have distinct definitions outlined below.

Confidentiality

Confidentiality refers to the protections afforded to information disclosed within legally protected or privileged relationships under Texas state law. This includes communications with licensed professional mental health counselors, licensed medical professionals, and ordained clergy. These confidential resources are permitted to engage in confidential communications when information is shared within the context of providing professional services.

When an individual shares information with a confidential resource—whether on campus or in the community—as part of a protected relationship, that resource cannot disclose the information (including whether the individual has received services) to any third party without the individual's written consent, unless there are ethical or legal obligations that require disclosure. Examples of such circumstances include:

The individual provides written consent for the disclosure.
There is an imminent risk that the individual may cause serious physical harm to themselves or others.
The information concerns suspected abuse or neglect of a minor under the age of 18.
Medical and counseling records are classified as privileged and confidential documents.

In accordance with the Title IX regulations effective May 2020, the College will not access, consider, disclose, or use a party’s privileged records or require, allow, or rely on questions or evidence that relate to information protected under a legally recognized privilege unless the privilege has been waived by the holder.

Under Texas law, the identity of the following individuals is deemed confidential:

Alleged victims of sexual harassment, sexual assault, dating violence, or stalking reported to the College.
Individuals who report such conduct to the College, seek guidance regarding an incident, or participate in the institution's investigation.
Individuals alleged to have committed or assisted in the commission of sexual harassment, sexual assault, dating violence, or stalking if, after an investigation, the College determines the report is unsubstantiated or without merit.

Unless waived in writing, this means that such identities may only be disclosed to:

Employees or contractors necessary to conduct an investigation or related hearings.
Law enforcement officers conducting a criminal investigation.
Health care providers in emergencies deemed necessary by the College.
The respondent as necessary for the resolution process.
Potential witnesses necessary for the investigation.

As previously noted, information regarding incidents of sexual harassment, sexual assault, dating violence, or stalking disclosed to a health care provider is confidential. The provider may share this information only with the alleged victim's consent, except when aggregate data or nonidentifying information must be provided to the College’s Title IX Coordinator.

Qualified Confidentiality and Privacy

The Title IX regulations effective May 2020 indicate that certain information is generally treated confidentially, except as qualified by the regulations. For instance, Jacksonville College must maintain as confidential:

Any supportive measures provided to a complainant or respondent, as long as such confidentiality does not impair the institution's ability to provide those measures.
The identity of any individual who reports or complains about sex discrimination, including formal complaints of sexual harassment.
Any complainant, known perpetrator, respondent, or witness, except as allowed by the Family Educational Rights and Privacy Act (FERPA) or as required by law to carry out the purposes of the Title IX regulations, including investigations and hearings.

This provision means that discretion will be exercised by the College during investigations or processes following this policy. Information pertaining to reports of Prohibited Conduct will be shared only with a limited group of College employees who need to know to assist in the assessment, investigation, and resolution of related issues. College employees are trained to safeguard private information, and the College will make reasonable efforts to address reports of Prohibited Conduct under this policy.

The privacy of student education records is governed by FERPA, while individual medical records are usually protected under the Health Insurance Portability and Accountability Act (HIPAA) and relevant Texas Health & Safety Code provisions. Employee personnel records in Texas are governed by the Texas Labor Code.

Reporting Responsibilities §106.30, §106.45

A College with actual knowledge of sexual harassment in a College education program or activity against a person within the United States must respond promptly in a manner that is not deliberately indifferent. A College is considered deliberately indifferent if its response to sexual harassment is clearly unreasonable given the known circumstances.

For the purposes of this policy, “education program or activity” includes locations, events, or circumstances under the substantial control of Jacksonville College concerning both the respondent and the context of the sexual harassment. This also includes any building owned or controlled by a student organization officially recognized by a postsecondary institution.

.Jacksonville College will treat complainants and respondents equitably by offering supportive measures to complainants and following a grievance process that complies with Title IX regulations before imposing any disciplinary action against a respondent

The Title IX Coordinator must promptly:

Reach out to the complainant to discuss the availability of supportive measures.
Consider the complainant's preferences regarding supportive measures.
Inform the complainant about the availability of supportive measures with or without a formal complaint.
Explain the process for filing a formal complaint.consider the complainant's wishes with respect to supportive measures,

Employees Responsible Reporting Requirement TX Educ. Code §51.290; §51.250

Texas law mandates that any employee of a Texas college report to the Title IX Coordinator any information about an alleged incident of sexual harassment, sexual assault, dating violence, or stalking involving a person enrolled at or employed by the institution at the time of the incident. The law stipulates termination of employment for employees who fail to report such incidents and imposes criminal penalties of up to one year in jail.

This reporting obligation applies when an employee receives information about an incident that reasonably constitutes sexual harassment, sexual assault, dating violence, or stalking. The report must include all information known to the employee that would be relevant to the investigation or redress of the incident, including whether the alleged victim desires confidentiality. A request for confidentiality does not absolve the employee of the obligation to report.

Employees should not investigate or make judgments about the information they receive to determine if it meets the definitions of misconduct. All instances of alleged misconduct that could reasonably constitute sexual harassment, sexual assault, dating violence, or stalking must be reported to the Title IX Coordinator.

The Title IX Coordinator will share details about all reports alleging Clery Actreportable crimes in compliance with reporting requirements. Responsible employees may provide support to a complainant, witness, or respondent but cannot promise confidentiality or withhold information about Prohibited Conduct.

Anonymous Notice TX Educ. Code §51.250

Employees may not provide anonymous notice (i.e., without identifying the complainant) to the Title IX Coordinator and cannot remain anonymous themselves.

Anonymous notifications will be investigated by Jacksonville College as thoroughly as possible, both to assess the underlying allegations and determine if supportive measures or remedies can be offered. However, anonymous notices may limit the College’s ability to investigate and respond effectively, depending on the information shared.

Mandated Reporters and Formal Notice/Complaints

All employees of Jacksonville College, including student employees, except those designated as Confidential Resources, are Mandated Reporters and must promptly share all known details of any reported incidents with the Title IX Coordinator (TX Educ. Code §51.252).

Employees must also share details of observable behaviors under this policy that they are aware of, even if not reported to them by a complainant or third party.

Complainants should consider sharing personally identifiable details with nonconfidential Mandated Reporters, as those details must then be shared with the Title IX Coordinator. Disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as marches or speakouts do not constitute notice requiring reporting to the Title IX Coordinator, unless the complainant explicitly requests a report or a specific response from Jacksonville College.

Supportive measures can be provided in response to such disclosures even without formal action from Jacksonville College.

Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment or discrimination of which they become aware is a violation of Jacksonville College policy and Texas law and can be subject to disciplinary action, up to and including termination, as well as criminal and civil penalties, for failure to comply. TX Educ. Code §51.255 states that a person commits an offense if the person:

is required to make a report under Section 51.252 and knowingly fails to make the report; or
with the intent to harm or deceive, knowingly makes a report under §51.252 that is false.

An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the actor intended to conceal the incident that the actor was required to report under Section 51.252.

A postsecondary educational institution shall terminate the employment of an employee whom the institution determines in accordance with the institution's disciplinary procedure to have committed an offense under Subsection (a).

This provision also applies to cases where a Mandated Reporter intentionally submits a false report with the intent to harm or deceive.

It is important to note that a Mandated Reporter engaged in harassment or other violations of this policy still has an obligation to report their misconduct. However, the College is not deemed on notice simply because a harasser is also a Mandated Reporter unless they report themselves.

Finally, a Mandated Reporter who is a target of harassment or other misconduct under this policy is not obligated to report their own experience, although they are encouraged to do so.

Students

Students are encouraged to report any suspected violation of this policy.

Clery Act Reporting

In compliance with the Clery Act, the College includes statistics about certain offenses in its annual security report and submits these statistics to the United States Department of Education without personally identifying information about individuals involved in any incident. Additionally, the Clery Act mandates that the College issue timely warnings to the College community about specific crimes that pose a serious or continuing threat to campus safety. Consistent with the Clery Act, the College will withhold the names and other personally identifying information of complainants when issuing timely warnings.

DFPS Reporting Texas Penal Code Sect. 32.53

Texas law requires any individual who suspects that a child (17 years of age or younger), a person 65 years of age or older, or an adult with disabilities is being or has been abused, neglected, or exploited to report all known details immediately to the Department of Family and Protective Services (DFPS). Furthermore, a report will be mandated if it is determined that the alleged perpetrator still has access to minors, even if the complainant has turned 18.

Resources and Reporting Options

All involved parties have several options, including seeking counseling or assistance from a resource, making a report under this policy, and/or reporting to law enforcement. The College acknowledges that choosing among these options can be challenging and is a deeply personal decision. Individuals are encouraged to seek assistance and explore all potential reporting and support options.

Emergency Resources and Law Enforcement

Emergency medical assistance and campus safety/law enforcement assistance are available both on and off campus. Individuals are encouraged to contact law enforcement and seek medical treatment as soon as possible following an incident that may pose a threat to safety or physical well-being or following a potential criminal offense. TX Educ Code §51.282 requires that JC inform you that it is very important for victims of sexual harassment, sexual assault, dating violence, or stalking to go to a hospital for help with treatment and preservation of evidence, if applicable, as soon as practicable after an incident.

For law enforcement assistance, individuals can contact JC Security at 903-721-1832 or the Jacksonville Police Department at 903-586-2546. In emergencies, call 911.

Local hospitals can be contacted at:

UT Health- Jacksonville

501 S Ragsdale St. Jacksonville, TX 75766

903-541-5000

CHRISTUS Mother Frances Hospital-Jacksonville

2026 S Jackson St. Jacksonville, TX 75766

903-541-4500

To access crisis counseling and other community resources:

June Shepherd, Ph.D.

Licensed Counseling Psychologist

514 E. Commerce St.

Jacksonville, Tx. 75766

903-284-6244

Crisis Center of Anderson and Cherokee Counties

700 East Cherokee

Jacksonville, Tx. 75766

903-586-9118

Hotline-1800-232-8519 24 Hr.

East Texas Crisis Center

24 Hour Hotline: 903-595-5591 | 1-800-333-0358

2401 Old Noonday Rd Tyler, TX 75701

903-509-2526

Confidential Resources

For confidential assistance, reporting parties may consult:

Licensed professional counselors (JC counselors accessible via therapy@jacksonvillecollege.edu) TX Educ. Code §51.252
Local rape crisis counselors
Local or state assistance agencies
Clergy/chaplains

Reporting Options

The College encourages all individuals to report prohibited conduct or policy violations to the Title IX Coordinator and/or local law enforcement. Complainants may report potential criminal conduct to law enforcement independently or seek assistance from the College to file a report.

The College may also notify law enforcement in situations that pose a threat to health or safety within the College community. Individuals may report to the College, law enforcement, neither, or both. Campus investigations and law enforcement investigations are conducted independently, although the College will coordinate efforts when appropriate. Reports can be made as follows:

Make a report to the Title IX Coordinator in person,
by telephone at (903) 586-2518
by email at title9@jacksonville-college.edu, or
online at https://jacksonvillecollege.edu/title-ix-policy-procedures-and-resources/.

For assistance in filing a criminal complaint and preserving physical evidence, individuals should contact contact local law enforcement by calling 911.

Individuals may pursue some, all, or none of these steps simultaneously (e.g., filing a Title IX report and a criminal complaint). When initiating any option, individuals do not need to know how to label their experience or request a specific course of action. As part of a report to the Title IX Coordinator, individuals can also request interim measures and support.

Anonymous Reporting

Anyone can make an anonymous report by submitting information on Jacksonville College Title IX website:

https://jacksonvillecollege.edu/title-ix-policy-procedures-and-resources/ Depending on the nature of the information submitted, the College’s ability to respond to an anonymous report will likely be limited.

Requests for Anonymity

Once a report is submitted to the Title IX Coordinator, complainants can request that their identity remain confidential, that no investigation take place, or that no disciplinary actions be pursued. The College will balance these requests with its responsibilities to maintain a non-discriminatory environment and ensure that respondents are informed of specific allegations when actions may impact them. In such circumstances, the Title IX Coordinator may arrange for a preliminary fact-finding by an investigator to gain a better understanding of the context of the complaint or take other appropriate steps, including consulting with the College’s threat assessment group. See Balancing Complainant Autonomy with College Responsibility to Investigate.

Amnesty

Jacksonville College aims to promote good faith reporting of prohibited conduct under this policy. Therefore, individuals making good faith reports as complainants or witnesses will not face disciplinary action for violations of the College’s Student Conduct Code. Additionally, individuals will not be punished for disclosing personal consumption of alcohol or drugs (underage or illegal) as part of a good faith report, provided the disclosure does not jeopardize the safety of others.

The College will also not pursue disciplinary action for students involved in violations of the Sexuality and Gender Statement when they report sexual assault or participate in resolution processes.

The College may investigate to verify whether a report of Prohibited Conduct was made in good faith. However, a student will not receive amnesty for reporting involvement in their own commission or assistance in the commission of Prohibited Conduct. A student who reports an incident but is later found responsible for Prohibited Conduct near the time of the incident may not be seen as having made a good faith report. Grants of amnesty are final and nonrevocable. Even when amnesty is extended, the College may initiate educational discussions or assessments regarding alcohol or other drug use.

Timeframe for Reporting

Complainants and other reporting individuals are strongly encouraged to report any violation of this policy as soon as possible to maximize the College's ability to respond effectively. An allegation of sexual harassment will be addressed only if the complainant was engaged in or attempting to engage in College activities at the time of filing the complaint. §106.30a.

If the respondent is no longer a student or employee at the time of the report, the College may dismiss the sexual harassment complaint at any time. However, the College may still offer support to the complainant and take steps to restore or maintain their equal access to College education programs or activities. It may also assist the complainant in contacting law enforcement and other external enforcement agencies. §106.45(b)(3)(ii).

Supportive Measures Process

Upon receiving a report of Prohibited Conduct, the College will consult with the complainant and provide reasonable and appropriate supportive measures.

The College will also consult with the respondent regarding any reasonably burdensome supportive measures at the appropriate time.§106.30(a)

Supportive measures may include:

Access to counseling (TX Educ. Code §51.282(e)).

TX Educ. Code §51.289 requires institutions to enter into a memorandum of understanding with one or more:

local law enforcement agencies,
sexual harassment, sexual assault, dating violence, or stalking advocacy groups, and
hospitals or other medical resource providers.

Access to medical services.
Academic adjustments, such as deadline extensions, course schedule changes, late drops, and the ability to switch course sections (this includes allowing either party to drop a shared class without academic penalty). TX Educ. Code §51.282(e).
Modifications of work schedules or locations.
Mutual restrictions on contact between the parties (e.g., "no contact directives").
Residential accommodations, including new housing arrangements or temporary housing options.
Leaves of absence.
Increased security and monitoring in specific campus areas.
Altered transportation arrangements.
Assistance in accessing support services, including advocacy, academic support, counseling, disability services, health services, immigration assistance, and financial aid services.
Assistance in obtaining a sexual assault forensic examination.
Help in communicating with faculty for academic modifications.
Assistance in requesting longterm academic accommodations for qualified individuals with disabilities.
Help in navigating offcampus housing concerns.
Safety planning measures, such as escorts.
Referrals to resources for obtaining a protective order under Texas law.
Any other measures suitable for achieving the goals of this policy.

The availability of supportive measures depends on factors including the specific circumstances of each report, the parties’ preferences, and an individualized case assessment. To avoid hindering the education of all parties, the College will evaluate several factors in determining which measures to implement, such as the needs of the individual seeking support, whether the complainant and respondent share the same residence hall, courses, or job locations, and any judicial measures imposed (e.g., protective orders). The College will make goodfaith efforts to comply with judicially issued protective orders and similar directives, as permitted.

The College will also provide reasonable supportive measures to third parties as appropriate, based on their roles and any contractual relationships with the College.

Requests for supportive measures can be made by either party to the Title IX Coordinator. The Coordinator is responsible for ensuring the implementation of supportive measures and coordinating the College's response with the relevant campus offices. The Title IX Coordinator has the discretion to impose or modify any supportive measures based on available information and is available to meet with complainants or respondents to address concerns about these provisions. The College will maintain confidentiality regarding any supportive measures provided, as long as maintaining that confidentiality does not impair the offered measures, and will promptly address any violations of supportive measures.

All individuals are encouraged to report to the Title IX Coordinator any concerns regarding the failure of others to comply with supportive measures. In case of an immediate health or safety concern, individuals should contact 911 or 9037211832 (oncampus security) without delay. The College will take action to enforce any previously implemented measures, which may include additional supportive measures and/or disciplinary penalties under this policy or other College policies.

To determine if a party has violated the conditions of a supportive measure, the Title IX Coordinator has the authority to conduct expedited factgathering (with appropriate notice and opportunities for hearings), impose separate disciplinary actions for violations based on collected facts, incorporate the failure to comply with supportive measures into the underlying Prohibited Conduct investigation, and/or refer matters to the appropriate Vice President.

When a Complainant Does Not Wish to Proceed

If an initial report suggests that the four elements of a complaint may be met, but the complainant does not wish to file a formal complaint, the Title IX Coordinator may exercise discretion (refer to “Balancing Complainant Autonomy With College Decision to Investigate” below) to sign a Title IX Sexual Harassment complaint. This would initiate an investigation and the resolution process under the formal procedures outlined below. In these cases, the Title IX Coordinator will neither act as a complainant nor be considered a party to the matter.

If a formal complaint is dismissed for not meeting the Title IX Sexual Harassment definition, yet the Title IX Coordinator believes the allegations may constitute an Institutional Offense, the Coordinator may address the alleged Code of Conduct Violation using appropriate resolution procedures after any appeal related to the dismissal.

Should a complainant wish to maintain confidentiality, avoid an investigation, or refrain from pursuing a formal complaint, they can convey this request to the Title IX Coordinator. The Coordinator will evaluate such requests while considering the need to ensure institutional safety and comply with applicable state and federal laws.

The Title IX Coordinator holds the discretion to proceed with an investigation, even if a complainant chooses not to. In such cases, the Coordinator may file a formal complaint to initiate a grievance process based on factors that include:

The seriousness of the alleged incident.
Any prior reports of sexual harassment, sexual assault, dating violence, or stalking against the alleged respondent(s).
Potential risks of harm to others.
Other relevant factors as determined by the institution (TX Educ. Code §51.285).

Balancing Complainant Autonomy with College Decision to Respond

To protect campus safety, the Title IX Coordinator may initiate an investigation of Prohibited Conduct (including Title IX Sexual Harassment or Code of Conduct Violations) even if a complainant requests no action be taken. Investigations may also commence without a formal complaint or identified complainant or respondent, and even if a report has been withdrawn. If a complainant requests that the College not investigate, it may still gather facts about the incident in compliance with confidentiality requirements.

The Title IX Coordinator may review potential policy violations and bypass the outlined Disciplinary Resolution or informal resolution procedures as deemed appropriate. In deciding whether to investigate, the College will consider factors such as:

The seriousness of the alleged incident.
Any previous reports of Prohibited Conduct involving the respondent(s).
Whether the incident poses a risk to others.
Other relevant factors.

When a complainant requests that their name or personally identifiable information remain confidential, that no investigation occur, or that no disciplinary action be taken, a member of the Title IX office will consult with them to clarify any concerns about retaliation or confusion regarding procedural options and potential outcomes.

The Title IX Coordinator will consider feasible steps when the respondent is unidentified or the complainant requests anonymity and will pursue measures to mitigate the effects of reported behavior on the campus community. The Coordinator will then determine the appropriate manner of resolution according to policy guidelines, striving to respect the complainant's requests while maintaining the wellbeing of both the complainant and the larger College community.

If new information arises, or if the complainant expresses a desire for disciplinary actions to proceed, the Title IX Coordinator may reopen and address the report under this policy..

Investigation Despite Complianant’s Preference

When the Title IX Coordinator decides to proceed with an investigation despite a complainant's request not to, the Coordinator will notify the complainant of this decision. The College, as required by the May 2020 Title IX regulations, will provide specific notices to the complainant regardless of their preferences, although participation in the investigation remains voluntary if they choose not to engage.

The College's ability to investigate and respond comprehensively may be limited if the complainant prefers to remain anonymous or opts out of participation. Nonetheless, the College will take appropriate actions to reduce the impact of any Prohibited Conduct and prevent its recurrence. Ultimately, the decision regarding how and to what extent to conduct an investigation, as well as related supportive measures for reported Prohibited Conduct, will align with this policy.

Student/Employee Cases

In cases where the respondent is both a student and an employee, the Title IX Coordinator will determine which procedures apply based on the specific circumstances. This assessment may consider whether the respondent's status as a student or employee is more relevant to the context of the Prohibited Conduct. If a studentemployee or employeestudent is found to have engaged in Prohibited Conduct, they may face appropriate sanctions related to both their employment and student status under applicable procedures.

Emergency Removal & Administrative Leave

Emergency Removal

In instances where there is an immediate threat to the physical health or safety of any student or individual resulting from alleged Prohibited Conduct, the College has the authority to remove a student or employee respondent from its education program or activity. This may include terminating the employment of an employee respondent and issuing any necessary notrespass or nocontact orders. The Title IX Coordinator may consult with other College personnel or departments to assist in the individualized assessment and risk analysis. The decision to remove a respondent from the education program or activity will be made by the Title IX Coordinator based on this individualized assessment and risk analysis, following the College’s Administrative Withdrawal Procedure.

If the College makes a decision to remove a respondent, the individual will be notified and given an opportunity to challenge the decision immediately following the removal, while ensuring compliance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act, as applicable.

Employee Administrative Leave

The College reserves the discretion to place an employee respondent on paid or unpaid administrative leave during the course of the investigation and resolution process.

Prohibited Conduct

In assessing whether reported conduct constitutes a violation of this policy, the College will consider the totality of the facts and circumstances surrounding the incident, including the nature of the reported conduct and its context. Individuals of any sex can perpetrate any form of Prohibited Conduct defined in this policy, which can occur between individuals of the same or different sexes/genders. Prohibited Conduct can happen between strangers or acquaintances, as well as among individuals engaged in intimate, sexual, dating, domestic, or familial relationships. This policy broadly prohibits the following forms of conduct, collectively referred to as Prohibited Conduct, as well as attempts to commit such misconduct.

Formal Grievance Process

Jacksonville College employs a Formal Grievance Process, as outlined below, to determine whether this Policy has been violated. If a violation is confirmed, Jacksonville College will promptly implement effective remedies to ensure it is not deliberately indifferent to harassment or discrimination, their potential recurrence, and/or their effects.

Initial Assessment

Upon receiving notice or a Formal Complaint of an alleged violation of this Policy, the Title IX Coordinator (or a designated individual if the Coordinator is unavailable, unable to fulfill their duties, or has a conflict of interest) will conduct an initial assessment within five business days. Steps in this assessment may include:

Determining if the impacted person wishes to file a Formal Complaint and assisting them in doing so if desired.

If they do not wish to file, assessing whether the Title IX Coordinator should initiate a complaint based on a violence risk assessment that indicates a compelling threat to health and/or safety.

If a Formal Complaint is received, evaluating its sufficiency and ensuring it is completed correctly in consultation with the Complainant.
Reaching out to the Complainant to offer supportive measures.
Informing the Complainant of their right to have an Advisor present.
Determining whether the Complainant prefers a supportive and remedial response, an Informal Resolution option, or a formal investigation and grievance process.

If a supportive and remedial response is preferred, the Title IX Coordinator will work with the Complainant to identify their needs and implement appropriate supports, without initiating a Formal Grievance Process (though the Complainant can later choose to initiate one).
If an Informal Resolution option is preferred, the Title IX Coordinator will assess whether the complaint is suitable for Informal Resolution and may seek to determine if the Respondent is also willing to engage in this option.
If a Formal Grievance Process is preferred, the Title IX Coordinator will determine if the alleged misconduct falls within the scope of the 2020 Title IX regulations:

If it does, the Title IX Coordinator will initiate a formal investigation and grievance process to address:

An incident, and/or
A pattern of alleged misconduct, and/or
A culture/climate issue.

If the alleged misconduct does not fall within the Title IX regulations, it will be assessed for applicability under other policies, and any nonTitle IX complaints will be referred accordingly. Dismissals under Title IX regulations are solely procedural and do not inhibit Jacksonville College's authority to address complaints appropriately.

When a formal complaint is submitted, the Title IX Coordinator will first promptly determine whether:

The conduct alleged would, if proven, constitute Title IX Sexual Harassment (i.e., Quid Pro Quo Sexual Harassment, Severe, Pervasive, and Objectively Offensive Sexual Harassment, Sexual Assault, or sexbased Domestic Violence, Dating Violence, or Stalking) as defined in the SIM Policy.
The conduct occurred in the College’s education program or activity.
The conduct occurred in the United States.
The Complainant was participating in or attempting to participate in the College’s education program or activity at the time the complaint was filed.

If the formal complaint meets all four elements, it will be investigated and resolved as a Title IX Sexual Harassment matter per the procedures outlined below.

Dismissal (Mandatory and Discretionary) 34 CFR §106.45

Jacksonville College must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment, even if proved.
The conduct did not occur in an educational program or activity controlled by Jacksonville College (including buildings or property controlled by recognized student organizations), and/or the College does not have control of the Respondent.
The conduct did not occur against a person in the United States.
At the time of filing a Formal Complaint, a Complainant is not participating in or attempting to participate in Jacksonville College’s education program or activity, and the Title IX Coordinator determines, based on available information, that they do not need to sign a Formal Complaint on behalf of the College.

Jacksonville College may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing:

A Complainant notifies the Title IX Coordinator in writing that they wish to withdraw the Formal Complaint or any allegations therein.
The Respondent is no longer enrolled in or employed by Jacksonville College.
Specific circumstances impede Jacksonville College from gathering sufficient evidence to reach a determination regarding the Formal Complaint or allegations.

A Complainant who withdraws a complaint may later request to reinstate or refile it.

Upon dismissal, Jacksonville College will provide written notice of the dismissal and the rationale to both parties. This dismissal decision is appealable by any party under the established procedures for appeal.

The Title IX Coordinator may transfer the matter for handling as an Code of Conduct Violation upon dismissal.

Consolidation of Formal Complaints

Jacksonville College may consolidate formal complaints involving allegations of sexual harassment against multiple respondents, or by multiple complainants against one or more respondents, or by one party against another, where the allegations arise from the same facts or circumstances.

Counterclaims

Jacksonville College is committed to ensuring the grievance process is not misused for retaliatory purposes; therefore, counterclaims made with retaliatory intent will not be permitted. Counterclaims are allowed, but an initial assessment will be conducted to determine if the counterclaims were made in good faith.

Counterclaims deemed to be reported in good faith will be processed using the Resolution Process described below. Investigations of such claims may occur after concluding the underlying initial complaint, possibly resulting in delays.

Counterclaims may also be resolved within the same investigation as the underlying complaint at the discretion of the Title IX Coordinator. Counterclaims not made in good faith will be treated as retaliatory and may violate this policy.

Right to an Advisor

Both parties may have an Advisor of their choice present for all meetings, interviews, and hearings during the Resolution Process. Advisors can be anyone the parties choose, provided the Advisor is eligible and available.

Choosing an Advisor who is also a witness may raise concerns about bias and conflict of interest. If parties wish to choose such Advisors, the hearing Decisionmaker(s) will explore potential bias issues.

Who Can Serve as an Advisor

Advisors can be friends, mentors, family members, attorneys, or any other individuals chosen to advise and support the parties throughout the Resolution Process. Parties can select Advisors from both inside and outside the Jacksonville College community.

The Title IX Coordinator can also assign a trained Advisor to any party upon request. Advisors chosen from Jacksonville College's available pool will be trained and familiar with the College's Resolution Process. Advisors from outside this pool may not have the same level of training or familiarity with Jacksonville College policies and procedures.

Parties may choose not to have an Advisor in the initial stages of the Resolution Process prior to a hearing.

Advisor’s Role in Meetings and Interviews

Parties may be accompanied by their Advisors during all meetings and interviews where they are entitled to be present, including intake meetings. Advisors should help prepare parties for each meeting and are expected to advise ethically, with integrity, and in good faith.

Jacksonville College cannot guarantee equal Advisory rights. For instance, if one party selects an attorney as their Advisor, the other party is not entitled to a free attorney.

In hearings, Advisors conduct indirect questioning, as required by Title IX Regulations; parties cannot directly question each other or any witnesses. If a party lacks an Advisor for a hearing, Jacksonville College will appoint a trained Advisor to conduct questioning of the parties and witnesses.

Advisors in Hearings/Jacksonville College-Appointed Advisor

Under the Title IX Regulations, a form of indirect questioning is required during the hearing but must be conducted by the parties’ Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, Jacksonville College will appoint a trained Advisor for the limited purpose of conducting any questioning of the parties and witnesses.

Pre-Interview Meetings

Advisors and their advisees may request meetings with the Investigator(s) prior to scheduled interviews to clarify their roles and understand Jacksonville College’s policies and procedures.

Advisor Violations of Jacksonville College Policy

All Advisors, whether attorneys or not, must adhere to Jacksonville College's policies and procedures. Advisors are expected to assist their advisees without disrupting the proceedings. They should not address College officials or Investigators during meetings unless invited to do so (e.g., for procedural questions).

Advisors cannot present or represent their advisee during any meeting or proceeding, except during hearings when questioning takes place. Parties are expected to ask and respond to questions on their own behalf throughout the investigation phase. Advisors may consult privately with their advisees as needed or pass notes during meetings.

If an Advisor oversteps their defined role or disrupts the hearing, they will be warned. Continued noncompliance may result in the meeting or hearing being ended or the party being required to select a different Advisor or receive a different Jacksonville College appointed Advisor. The Title IX Coordinator will determine how to address the Advisor’s noncompliance moving forward.

Sharing Information with the Advisor

Jacksonville College anticipates that parties may want the College to share documentation and evidence related to their allegations with their Advisors. A consent form authorizing Jacksonville College to share such information must be completed and submitted to the Title IX Coordinator before records are shared.

If a party requests that all communication be made through their Advisor, Jacksonville College will not comply with this request.

Institutionally appointed Advisors will not be required to disclose details of their interactions with advisees to institutional officials or Decisionmakers.

Privacy of Records Shared with Advisor

Advisors must maintain the confidentiality of records shared with them. These records should not be shared with third parties, disclosed publicly, or used for unauthorized purposes. Jacksonville College may restrict the role of any Advisor who fails to respect the confidentiality of the process.

Expectation of an Advisor

Jacksonville College generally expects Advisors to adjust their schedules to attend meetings, interviews, and hearings as needed. However, the College may reschedule meetings as necessary if changes do not create unreasonable delays.

Reasonable provisions will be made to allow an Advisor who cannot attend in person to participate via telephone, video conferencing, or other similar technologies as available.

Expectations of the Parties with Respect to Advisors

Parties may change Advisors at any time and are not required to use the same Advisor throughout the process. Parties must inform the Investigator(s) of their chosen Advisor at least five business days prior to their first meeting with the Investigators (or as soon as feasible if a more expedited meeting is required).

Parties must promptly notify the Title IX Coordinator of any changes in Advisors. If an Advisor is changed, consent for sharing information with the previous Advisor is considered terminated, and a release for the new Advisor should be attained. Parties should also inform the Title IX Coordinator of their hearing Advisor at least five business days before the hearing.

Resolution Processes

Resolution proceedings are private. All parties present during the Resolution Process are expected to maintain confidentiality per Jacksonville College policy.

While there is an expectation that Investigators will keep discussions private during interviews, parties are free to share their knowledge and evidence with others, unless they agree not to disclose certain information as part of an Informal Resolution. Jacksonville College encourages parties to consult their Advisors before sharing any information.

The Formal Grievance Process is Jacksonville College's primary resolution approach unless all parties and the College agree to an Informal Resolution.

Informal Resolution

Jacksonville College will not offer informal resolution to resolve complaints when such processes would conflict with federal, state, or local law. The College cannot require any party to waive their right to a formal investigation and adjudication of complaints of sexual harassment or related rights as a condition for enrollment or employment.

Informal resolution may only be facilitated prior to the determination regarding responsibility, and may include mediation that does not involve a full investigation, provided the College offers written notice disclosing:

The allegations.
Requirements of the informal resolution process, including circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations (subject to withdrawal rights before resolution).
Consequences of participating in the informal resolution process, including maintained or shared records.
The binding nature of an agreement at the end of the informal resolution process.
The potential terms of informal resolution agreements.
Information Jacksonville College will maintain and how it may disclose such information for Title IX grievance procedures if they are initiated or resumed.
Voluntary, written consent from all parties for the informal resolution process is required.

Three options for Informal Resolution are detailed in this section.

Supportive Resolution - When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation.
Alternative Resolution -When the parties agree to resolve the matter through an alternative resolution mechanism [including mediation, restorative practices, facilitated dialogue, etc.], as described below, often before a formal investigation takes place (See Section II).
Accepted Responsibility -When the Respondent accepts responsibility for violating policy, and desires to accept the recommended sanction(s) and end the Resolution Process.

To initiate an Informal Resolution, a Complainant must submit a Formal Complaint. A Respondent wishing to initiate Informal Resolution should contact the Title IX Coordinator. Conditions for engaging in Informal Resolution may include that statements made cannot be used in any future Formal Grievance Process unless all parties consent.

It is not necessary to pursue Informal Resolution before a Formal Grievance Process, and any party can terminate the informal process at any time and initiate or resume a Formal Grievance Process. Parties are not permitted to create agreements that require Jacksonville College to impose specific sanctions; however, they can agree on restrictions or other actions (e.g., a Respondent temporarily or permanently withdrawing). Only the “Accepted Responsibility” informal resolution process can result in sanctioned outcomes by the institution. The Title IX Coordinator will determine if an investigation will be paused during Informal Resolution.

Before implementing Informal Resolution, Jacksonville College will provide written notice of the reported misconduct and any possible sanctions (in cases of Accepted Responsibility), along with information on records maintained or shared by the College.

Written, voluntary confirmation from all parties is required for proceeding with Informal Resolution, and no pressure to participate will be applied.

Alternative Resolution Approaches

Alternative Resolution includes informal methods, such as mediation or restorative practices, that result in a mutually agreed resolution. Consent from all parties is required for using an Alternative Resolution approach.

The Title IX Coordinator may consider the following factors to assess the suitability of Alternative Resolution:

The parties’ willingness to engage.
Likelihood of resolution considering power dynamics.
Nature and severity of the alleged misconduct.
Motivation of the parties to participate.
Civility of the parties.
Results of a risk assessment.
Disciplinary history of the Respondent.
Need for emergency removal.
Skill of the Alternative Resolution facilitator.
Complexity of the complaint.
Emotional capability of the parties.
Rationality of the parties.
Goals of each party.
Resources available for Alternative Resolution.

The Title IX Coordinator ultimately decides the availability and success of Alternative Resolution. The Coordinator can facilitate an acceptable resolution, including terms regarding confidentiality, release, and nondisparagement.

Records of any resolutions will be maintained, and failure to comply with agreements could result in further actions (e.g., referral for formal resolution). Outcomes resolved through Alternative Resolution are not subject to appeal.

Respondent Accepts Responsibility for Alleged Violations

At any point during the Resolution Process, the Respondent may accept responsibility for all or part of the allegations. If a Respondent indicates intent to take responsibility for all alleged misconduct, the formal process will be paused, and the Title IX Coordinator will assess whether Informal Resolution applies.

If suitable, the Title IX Coordinator will verify agreement on responsibility, restrictions, and/or remedies among all parties and Jacksonville College. If an agreement is reached, the Title IX Coordinator will implement the accepted findings and agreedupon restrictions and remedies, coordinating with any necessary administrators for appropriate sanctions.

This resolution is not open to appeal once all parties provide written approval. If there is no consensus on all terms, the Formal Grievance Process will resume at the point where it was paused.

Upon achieving a resolution, appropriate sanctions or responsive actions will be implemented promptly to cease harassment or discrimination, prevent recurrence, and remedy the effects of the conduct on the Complainant and the community.

Formal Grievance Process Pool

The Formal Grievance Process relies on a pool of administrators (“the Pool”) tasked with executing the process.

Pool Member Roles

Pool members, who receive annual training, may serve in various roles, including:

Providing initial guidance regarding complaints.
Acting as an Advisor to parties.
Assisting in initial assessments.
Investigating complaints.
Serving as a hearing facilitator (administrative role without decisionmaking authority).
Serving as a Decisionmaker in the complaint process.
Serving as an Appeal Decisionmaker.

Pool Member Appointment

The Title IX Coordinator appoints Pool members, who operate independently and impartially.

Pool Member Training

Pool members undergo annual training, which may be conducted jointly or based on their respective roles. Training materials are publicly posted at https://jacksonvillecollege.edu/title-ix-policy-procedures-and-resources/.

Notice of Investigation and Allegations

The Title IX Coordinator will issue a written Notice of Investigation and Allegations (the “NOIA”) to the Respondent when the Formal Grievance Process begins. This allows the Respondent to prepare for the interview and select an Advisor. The Complainant will receive advance notice of when the NOIA is delivered to the Respondent.

The NOIA will include:

Jacksonville College's grievance process, including informal resolution options.
A summary of all allegations of sexual harassment that may constitute sexual harassment as defined in §106.30, providing sufficient time for a response prior to any initial interview.
The identities of the involved parties (if known).
The specific misconduct being alleged.
The date and location of the incidents (if known).
The specific policies implicated.
A description of the applicable procedures.
Potential sanctions or responsive actions that may result.
A statement presuming the Respondent is not responsible for the reported misconduct until evidence supports a different finding.
A statement indicating that determinations of responsibility will be made at the conclusion of the process, with an opportunity for the parties to inspect and review all relevant evidence.
A statement concerning Jacksonville College's retaliation policy.
Information about confidentiality during the process.
Information regarding each party's right to have an Advisor of their choice (who may or may not be an attorney).
A statement emphasizing Jacksonville College's prohibition against knowingly making false statements, including false information during the Resolution Process.
Names of the Investigator(s), along with a process for parties to identify any conflicts of interest prior to the interview.
Instructions for preserving evidence related to the allegations.

Amendments to the NOIA may occur as the investigation progresses and additional or dismissed allegations become known.

Notice will be in writing and can be delivered in person, via email to the parties’ collegeissued accounts, or designated accounts. Notice will be considered delivered once emailed or received in person.

If additional allegations about the complainant or respondent arise during an investigation that were not included in the original notice, Jacksonville College must provide notice of these additional allegations to the parties whose identities are known.

Resolution Timeline

Jacksonville College will strive to complete the Resolution Process, including any appeals, within a 60 to 90 business day timeframe. This timeline may be extended for appropriate reasons by the Title IX Coordinator, who will notify the parties of any changes along with the rationale and estimated additional time needed.

Appointment of Investigators

Once a decision to conduct a formal investigation is made, the Title IX Coordinator will assign Pool members (generally a team of two Investigators) to carry out the investigation, typically within five business days of the decision.

Ensuring Impartiality

Any individual materially involved in administering the Resolution Process (including the Title IX Coordinator, Investigators, and Decisionmakers) must have no conflicts of interest or bias toward any party or specific Complainant or Respondent.

The Title IX Coordinator will assess assigned Investigators for impartiality, ensuring there are no actual or apparent conflicts of interest or biases that would disqualify them. Throughout the Resolution Process, parties may raise concerns regarding bias or conflict of interest, and the Title IX Coordinator will determine the validity of such concerns. If found reasonable and supportable, another Pool member will be assigned, and any reported bias or conflict will be addressed. If the concern is regarding the Title IX Coordinator, parties should raise it with the Executive Vice President.

The Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence supporting both the Respondent's and Complainant's cases. Credibility determinations cannot be based solely on an individual's status as a Complainant, Respondent, or witness.

Jacksonville College operates under the presumption that the Respondent is not responsible for the reported misconduct until determined otherwise by the appropriate standard of proof.

Investigation Timeline

Investigations are completed expeditiously, typically within 60 business days, although some may take weeks or even months, depending on the nature and complexity of the allegations, the availability of witnesses, and any law enforcement involvement.

Jacksonville College will make a good faith effort to conclude investigations promptly and will maintain regular communication with the parties regarding the investigation's progress and timing.

Investigation Process Delays and Interactions with Law Enforcement

Jacksonville College may implement a short delay in its investigation if circumstances require. Such circumstances may include requests from law enforcement for a temporary delay, the need for language assistance, the absence of parties or witnesses, and health conditions.

Jacksonville College will communicate the anticipated duration and reason for any delay to the parties in writing, providing necessary updates. The investigation and Resolution Process will resume promptly when feasible. During any delays, appropriate supportive measures will be implemented.

The actions or processes of Jacksonville College are not typically altered or halted based on the filing of civil or criminal charges related to the incident(s) or their dismissal or reduction.

Investigation Process Steps

All investigations are conducted thoroughly, reliably, impartially, promptly, and fairly. Investigations involve interviewing all relevant parties and witnesses, obtaining available evidence, and identifying sources of expert information as necessary.

All parties are given a full and fair opportunity to suggest witnesses and questions, provide evidence, and review all evidence on the record. While recordings of interviews will not be provided to parties, a summary of each interview will be available for review in the compiled investigation report.

At the discretion of the Title IX Coordinator, investigations may be combined if complaints implicate a pattern, collusion, or other shared actions.

Investigators typically take the following steps (not necessarily in this order):

Identify and obtain the Complainant's contact information.
Recognize all policies implicated by the alleged misconduct and notify both Complainant and Respondent of these policies.
Assist the Title IX Coordinator, if needed, with conducting a prompt initial assessment regarding potential policy violations.
Commence a reliable and thorough investigation with a strategic plan, including a witness list and intended timeframe for interviews.
Meet with the Complainant to finalize their interview/statement if needed.
Collaborate with the Title IX Coordinator as necessary to prepare the initial Notice of Investigation and Allegations (NOIA), which may be amended with additional or dismissed allegations.
Inform parties of their right to assistance from an Advisor, who may be a Pool member or an Advisor of their choosing.
Provide each interviewed party and witness a chance to review and verify the Investigator’s summary notes from their interviews.
Make genuine efforts to notify parties of any meetings or interviews containing other parties, whenever possible.
Notify parties in writing of the date, time, and location of meetings, along with expected participants and purposes.
Interview all available, relevant witnesses, conducting followups as needed.
Allow each party to suggest relevant witnesses and questions for the Investigator(s) to ask and document which questions were asked, including rationale for any changes or omissions.
Complete the investigation without unreasonable deviation from the initial timeline.
Update parties regularly on the investigation status.
Prior to concluding the investigation, provide parties and Advisors with a list of witnesses whose information will contribute to findings.
Draft a comprehensive investigation report summarizing findings, witness interviews, and relevant evidence. Appendices will include pertinent physical or documentary evidence.
Gather, assess, and synthesize evidence without drawing conclusions, engaging in policy analysis, or making recommendations within the report.
Before concluding the investigation, share a secured electronic copy of the draft investigation report with the parties and their Advisors, offering a tenbusinessday review and comment period to respond to the evidence.
Elect to respond in writing in the report concerning parties’ submissions or to share responses for further input.
Incorporate relevant feedback and finalize the report, documenting all rationales for any changes made after the review period. The final report will be shared electronically with all parties and their Advisors at least ten business days prior to a hearing.

The burden of proof for determining responsibility rests with Jacksonville College, not the parties involved, ensuring that private records maintained by professionals for treatment purposes remain confidential unless the party provides voluntary, written consent.

Witness Role and Participation in the Investigation

Witnesses who are employees of Jacksonville College are strongly encouraged to cooperate with the investigation and Resolution Process. Student witnesses and witnesses from outside the College community are also encouraged to participate and share relevant information.

While inperson interviews are preferred, remote interviews may be necessary due to circumstances (e.g., study abroad, summer break). Technologies may be utilized for remote interviews, ensuring privacy and security.

Witnesses can provide written statements instead of participating in interviews or respond to written questions if deemed appropriate by the Investigator(s), although this is not preferred.

Interview Recording

No unauthorized audio or video recording is permitted during investigation meetings. If Investigator(s) choose to record interviews, all parties will be informed beforehand. Texas operates under a "one-party consent" law, meaning only one participant in the conversation needs to consent to the recording.

Evidentiary Considerations

Neither the investigation nor the hearing will consider:

Incidents not relevant or not directly related to the alleged violations, unless indicating a pattern.
Questions and evidence about the Complainant’s sexual predisposition.
Questions and evidence about the Complainant’s prior sexual behavior unevidenceless proving that someone other than the Respondent committed the alleged conduct or specific incidents of prior behavior between the Complainant and the Respondent are offered to demonstrate consent.

Within these boundaries, the investigation and hearing may consider general character evidence, but its relevance is lessened unless it directly pertains to factual evidence or shows a pattern of conduct..

Hearings

Referral for Hearing

If the complaint is not resolved through Informal Resolution, the Title IX Coordinator will refer the matter for a hearing once the final investigation report has been shared with the parties.

The hearing will be scheduled no less than ten (10) business days after the conclusion of the investigation. Specifically, after the final investigation report is transmitted to the parties and the Decisionmaker(s); unless all parties and the Decisionmaker(s) agree to an expedited timeline.

The Title IX Coordinator will select appropriate Decisionmaker(s) from the Pool and provide them with a copy of the investigation report and the file of directly related evidence. Allegations involving studentemployees in the context of their employment will be directed to the appropriate Decisionmaker(s) as determined by the context and nature of the alleged misconduct.

Hearing Decision-maker Composition

Jacksonville College will designate three members from the Pool at the discretion of the Title IX Coordinator. One of these members will be appointed as Chair by the Title IX Coordinator.

The Decisionmaker(s) will have had no prior involvement with the complaint. The Title IX Coordinator may opt to have an alternate from the Pool participate throughout the hearing process in case a substitute is needed.

Individuals who have served as Investigators will be considered witnesses in the hearing and therefore may not also serve as Decisionmakers. Advisors for any party cannot serve as Decisionmakers in that matter.

The Title IX Coordinator may not serve as a Decisionmaker or Chair but may act as an administrative facilitator during the hearing if their past roles do not create a conflict of interest. Otherwise, a designee may fulfill the facilitator role. The date, time, and venue of the hearing will be determined by the Title IX Coordinator or their designee.

Additional Evidentiary Considerations in the Hearing

Previous disciplinary actions involving the Respondent may not be introduced unless there is an allegation of a pattern of misconduct. Such information may be considered at the sanction stage after a determination of responsibility has been made, assuming Jacksonville College employs a progressive discipline system. This information will only be shared at that stage.

Each party may submit a written impact and/or mitigation statement prior to the hearing for the Decisionmaker(s) to consider during the sanction phase after a determination of responsibility is reached.

After deliberations, the Decisionmaker(s) will render a determination based on the preponderance of the evidence. Specifically, whether it is more likely than not that the Respondent violated the Policy as alleged.

Hearing Notice

At least ten (10) business days before the hearing (unless an expedited hearing is agreed upon by all parties), the Title IX Coordinator or the Chair will send notice of the hearing to the parties. Once mailed, emailed, or delivered in person, the notice will be presumptively considered delivered.

The notice will include:

A description of the alleged violation(s), a list of the policies allegedly violated, an overview of applicable hearing procedures, and a statement regarding potential sanctions or responsive actions.
The time, date, and location of the hearing.
Information about any technology that will be used to facilitate the hearing.
Details about the option for conducting the live hearing with the parties located in separate rooms, utilizing technology that allows the Decisionmaker(s) and parties to see and hear each other. Requests for this arrangement must be made to the Title IX Coordinator as soon as possible, preferably at least five (5) business days before the hearing.
A list of all attendees at the hearing, along with an invitation to object to any Decisionmaker(s) based on demonstrated bias or conflict of interest. Any concerns must be communicated to the Title IX Coordinator at least two (2) business days before the hearing.
Information on how the hearing will be recorded and how the parties can access the recording afterward.
A statement indicating that if any party or witness does not appear at the scheduled hearing, the hearing may proceed in their absence. The Chair may reschedule the hearing for compelling reasons.
Notification that parties may have the assistance of an Advisor of their choosing at the hearing and must have one present if they wish to ask questions. If a party intends to conduct crossexamination but does not have an Advisor, the Title IX Coordinator will appoint one. Each party must have an Advisor present if they intend to crossexamine others; no exceptions will be made.
A copy of all materials provided to the Decisionmaker(s) related to the complaint unless these have already been shared.
An invitation for each party to submit an impact and/or mitigation statement to the Chair prehearing, which the Decisionmaker(s) will review during sanction determination.
An invitation to contact the Title IX Coordinator to arrange any necessary disability accommodations, language assistance, or interpretation services at least seven (7) business days before the hearing.
Clarification on whether parties can bring mobile phones or devices into the hearing.

Hearings for potential violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and cannot be resolved before the term concludes will typically be held immediately after the term’s conclusion or during the summer, as needed, to meet Jacksonville College’s resolution timeline and maintain compliance with the 60-90 business day goal. Employees without 12 month contracts are still expected to participate in Resolution Proceedings that occur during the span between contracts.

Alternative Hearing Participation Options

If a party prefers not to attend or cannot attend the hearing in person, they should request alternative arrangements from the Title IX Coordinator or Chair as soon as possible, preferably at least five (5) business days before the hearing.

The Title IX Coordinator or the Chair can facilitate remote testimony using technology, ensuring the fairness of the hearing is not compromised. Remote options may also be utilized for witnesses unable to appear in person. Any witness who cannot attend in person should inform the Title IX Coordinator or the Chair as soon as possible, ideally at least five (5) business days before the hearing, so that appropriate arrangements can be made.

Pre-Hearing Preparation

After consulting with the parties as necessary, the Chair will provide the names of individuals invited to participate in the hearing, all relevant documentary evidence, and the final investigation report to the parties at least ten (10) business days before the hearing.

Witnesses scheduled to partake in the hearing must have been interviewed by the Investigator(s) or have provided a written statement or answered written questions, unless all parties and the Chair consent to the witness's participation. The same restriction applies to any relevant evidence first introduced at the hearing. If the parties and Chair do not agree to the admission of newly offered evidence, the Chair may postpone the hearing and/or instruct that the investigation be reopened to consider that evidence. According to 34 C.F.R. §668.46(k)(3)(B)(3), “timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings” must be ensured.

The parties will receive a list of the Decisionmaker(s) at least five (5) business days prior to the hearing. Any objections to a Decisionmaker must be submitted in writing, detailing the rationale for the objection, to the Title IX Coordinator as soon as possible, and no later than two (2) business days before the hearing. Decisionmakers will be removed only if the Title IX Coordinator concludes that their actual or perceived bias or conflict of interest prevents an impartial hearing.

The Title IX Coordinator will provide the Decisionmaker(s) with a list of the names of all parties, witnesses, and Advisors at least five (5) business days before the hearing. Any Decisionmaker who cannot make an impartial determination must recuse themselves upon notification of the identity of the parties, witnesses, and Advisors. If unsure about the existence of bias or conflict of interest, they must raise the concern with the Title IX Coordinator as soon as possible.

During the ten (10) business day period leading up to the hearing, parties may review and comment on the final investigation report and available evidence. That feedback can be shared with the Chair during the hearing and will be exchanged between the parties by the Chair.

Hearing Procedures

During the hearing, the Decisionmaker(s) are authorized to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation. They may also address any additional alleged policy violations that occurred concurrently with the discrimination, harassment, and/or retaliation, even if those allegations do not directly fall under the Equal Opportunity, Harassment, and Nondiscrimination Policy.

Attendees at the hearing will include the Chair, any additional panelists, the hearing facilitator, the Investigator(s), the parties, the parties' Advisors, any called witnesses, and anyone providing authorized accommodations, interpretation, or assistive services.

The Chair will address all procedural questions.

Anyone providing information at the hearing will respond to questions on their own behalf.

Witnesses with relevant information will be invited to participate in specific portions of the hearing to answer questions from both the Decisionmaker(s) and the parties, after which they will be excused. The Investigator(s) will remain present for the duration of the hearing.

Joint Hearings

In cases involving multiple Respondents and/or multiple Complainants accusing the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly.

However, the Title IX Coordinator may permit the investigation and/or hearings concerning each Respondent or complaint to proceed separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each complaint regarding each alleged policy violation.

The Order of the Hearing – Introductions and Explanation of Procedure

The Chair will explain the procedures and introduce the participants. This may include a final opportunity for challenges or recusal of the Decisionmaker(s) based on bias or conflict of interest. The Chair will rule on any such challenges unless the Chair is the individual under challenge, in which case the Title IX Coordinator will review the challenge and make the determination.

The Chair will then conduct the hearing according to the established script. During the hearing, the Title IX Coordinator will manage the recording, witness logistics, party logistics, documentation curation, separation of the parties, and other administrative elements, ensuring:

Proper room logistics for various parties/witnesses while they wait.
Efficient flow of parties/witnesses in and out of the hearing space.
Functionality of recording and/or virtual conferencing technology.

Distribution of materials to participants as appropriate.

Investigator Presentation of Final Investigation Report

The Investigator(s) will summarize the final investigation report, highlighting contested and uncontested items, and will be subject to questioning by the Decisionmaker(s) and the parties (through their Advisors). The Investigator(s) will remain available for the entire hearing process but will not participate during deliberations.

Neither the parties nor the Decisionmaker(s) should ask the Investigator(s) for their opinions on credibility, findings, or determinations. Advisors and parties should refrain from discussing credibility assessments with the Investigator(s). If such inquiries are made, the Chair will direct that they be disregarded.

Testimony and Questioning

After the Investigator(s) present the report and respond to questions, the parties and witnesses will provide relevant information in turn, starting with the Complainant, followed by the order determined by the Chair. Questioning will occur first from the Decisionmaker(s) and then from the parties through their Advisors.

All questions will be subject to the Chair’s determination of relevance. Before a Complainant, Respondent, or witness answers a crossexamination or other questions, the Chair must establish the question's relevance and explain any excluded questions. The Advisors, who will remain seated during questioning, will propose questions orally, electronically, or in writing (with oral being the default but other methods allowed if agreed upon by all parties and the Chair); proceedings will pause to allow the Chair to consider the question and state it if it has not already been verbalized.

The Chair may invite further explanations regarding relevance from the Advisors if they choose. The Chair will then state their decision regarding the question for the record and advise the relevant party/witness accordingly, including rationale for excluding questions deemed irrelevant.

The Chair may limit or disallow questions they find irrelevant, unduly repetitive, or abusive. The Chair has the final say on all questions and relevance determinations. They may consult legal counsel for any questions of admissibility. Advisors may frame relevance arguments but will not be allowed to debate the Chair’s rulings on this matter.

If the parties raise issues of bias or conflict of interest concerning an Investigator or Decisionmaker during the hearing, the Chair may address those issues, consult legal counsel, refer them to the Title IX Coordinator, and/or reserve them for appeal. If bias is not an issue during the hearing, irrelevant questions probing for bias should not be permitted.

Refusal to Submit to Questioning; Inferences

Any party or witness may choose not to provide evidence or answer questions during the hearing, either by not attending or by refusing participation in some or all questioning. The Decisionmaker(s) must rely solely on relevant evidence available through the investigation and hearing to reach their ultimate determination of responsibility. If a party or witness does not participate in crossexamination at the live hearing, the Decisionmaker(s) must not consider any statements made by that party or witness in their findings. The Decisionmaker(s) may not infer anything solely from a party's or witness’s absence from the hearing or refusal to respond to crossexamination or other questions.

An Advisor cannot be called as a witness at the hearing to testify to what their advisee shared with them during their advisory role unless the advised party consents to this information being disclosed. This information is considered offlimits, and an Advisor who is an institutional employee is temporarily relieved of mandated reporter responsibilities regarding their interactions with their advisee during the Resolution Process.

Hearing Recordings

Hearings (excluding deliberations) will be recorded by Jacksonville College for review in the event of an appeal. Parties may not record the proceedings, and unauthorized recordings are strictly prohibited.

The recording may be reviewed, upon request to the Title IX Coordinator, by the Decisionmaker(s), parties, their Advisors, and appropriate Jacksonville College administrators. No individual will be allowed to make or receive a copy of the recording without the Title IX Coordinator’s permission.

Deliberation, Decision-making, and Standard of Proof

The Decisionmaker(s) will deliberate in closed session to determine whether the Respondent is responsible for the alleged policy violations. For panels, a simple majority vote is sufficient to reach a finding. The preponderance of the evidence standard will be applied.

If responsibility is determined on one or more allegations, the Decisionmaker(s) will consider previously submitted party impact and/or mitigation statements when deciding on appropriate sanctions. The Chair will ensure that both parties can review any submitted impact and/or mitigation statements upon submission.

The Decisionmaker(s) will also review any relevant conduct history provided by the appropriate administrator and will recommend or determine appropriate sanctions in consultation with other relevant administrators as required.

The Chair will prepare a written statement detailing all findings and final determinations, including the rationale supporting the decision(s), the evidence relied upon, any evidence not considered, credibility assessments, and any sanctions or recommendations along with their rationales. This statement will be delivered to the Title IX Coordinator.

Typically, this statement will be three to five (3-5) pages in length and must be submitted to the Title IX Coordinator within two (2) business days of the end of deliberations unless an extension is granted by the Title IX Coordinator. If an extension is granted, the Title IX Coordinator will notify the parties.

Notice of Outcome

Using the deliberation statement, the Title IX Coordinator will collaborate with the Chair to prepare a Notice of Outcome letter. This letter, which will include the final determination, rationale, and any applicable sanctions, will be shared with the parties and their Advisors within seven (7) business days of receiving the deliberation statement.

The Notice of Outcome will be communicated to the parties simultaneously. Notification will be made in writing and may be delivered through one or more of the following methods: in person, or via email to the parties’ Jacksonville Collegeissued email accounts or other approved accounts. Once emailed or delivered in person, the notice will be considered presumptively delivered.

The Notice of Outcome will detail the specific alleged policy violations, including the relevant policy sections, and provide a description of the procedural steps taken by Jacksonville College from the receipt of the misconduct report to the determination. This includes all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings conducted.

The Notice of Outcome will specify:

The finding for each alleged policy violation
The findings of fact that support each determination
Conclusions regarding the application of the relevant policy to the facts at issue
A statement and rationale for the result of each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the College's educational programs or activities will be provided to the Complainant, as permitted under state or federal law
Any sanctions issued that Jacksonville College is authorized to share under state or federal law
Procedures and grounds for appeal available to both the Complainant and Respondent
Whether remedies will be provided to the Complainant to ensure access to Jacksonville College’s educational or employment programs or activities.
The Title IX Coordinator is responsible for the effective implementation of any remedies, as applicable.

The Notice of Outcome will also specify when the results are considered final by Jacksonville College, note any changes to the outcome or sanctions that occur before finalization, and outline the relevant procedures and bases for appeal. The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the outcome of the appeal (if filed), or, if no appeal is filed, on the date when the appeal period expires.

Sanctions

Factors considered when determining a sanction or responsive action may include, but are not limited to:

The nature, severity, and circumstances surrounding the violations
The Respondent’s disciplinary history
The need for sanctions or responsive actions to end the discrimination, harassment, and/or retaliation
The need for sanctions or responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
The impact on the parties involved
Any other information deemed relevant by the Decisionmaker(s)

Sanctions will be implemented as soon as feasible, either upon the conclusion of any appeal or once the window for appealing has expired without an appeal being requested.

The sanctions described in this policy are not exclusive and may be in addition to other actions taken or sanctions imposed by external authorities.

If it is later established that a party or witness intentionally provided false or misleading information, this could prompt the reopening of a grievance process at any time, along with possible referral to another resolution process.

Student Sanctions

Jacksonville College's policies regarding transcript notation will apply to these proceedings. A student suspended or expelled for a violation of this policy will have "Ineligible to Reenroll" noted on their academic transcript. Upon request, the College may remove this notation if (1) the student is eligible to reenroll, or (2) the College determines that good cause exists for removal. Such requests should be directed in writing to the Title IX Coordinator. The removal of the notation does not require any modification of the student's disciplinary records at the College.

Common sanctions that may be imposed upon students, either singly or in combination, include:

Warning: A formal statement that the conduct was unacceptable, accompanied by a warning that further violations of any Jacksonville College policy, procedure, or directive may result in more severe sanctions. This warning will appear on the individual’s disciplinary record.
Required Counseling: A mandate for the student to engage in either Jacksonville Collegesponsored or external counseling to better understand the misconduct and its effects.
Probation: A written reprimand for violation of institutional policy, indicating that more severe disciplinary sanctions may follow if the student is found in violation of any institutional policy within a specified time frame. The terms of probation will be outlined and may include denial of specific social privileges, exclusion from cocurricular activities, restrictions on designated areas of campus, nocontact orders, and/or other appropriate measures.
Restitution: A requirement to reimburse or compensate another individual and/or the College for damage or loss of property resulting from the student’s misconduct. For instance, common assessments or group billing may be applied to students in a residence hall for damages occurring in shared common areas, with determinations made by the College’s residence life administrators.
Residential or Other Facilities Restrictions or Removal: Restriction or removal from residence halls or other designated campus facilities as noted in the written notification.
Suspension: Termination of student status for a definite period, not to exceed two years, or until specific criteria are met. Students returning from suspension will automatically be placed on probation for the remainder of their time at Jacksonville College. Notation under Jacksonville College’s transcript policy may be applicable.
Suspension with Conditions: Termination of student status for at least the duration specified, with the suspension continuing until required conditions set by the panel applying this penalty have been fulfilled. These conditions may include, but are not limited to, restitution of damages and a formal apology.
Expulsion: Permanent termination of student status and revocation of rights to be on campus or attend Jacksonville Collegesponsored events.
Withholding of Degree: In cases involving students in their final semester, the College may withhold the student's degree for a specified period. This action may be taken instead of suspension at the end of their final year of study, once all other degree requirements are met. Degrees may also be withheld indefinitely under similar circumstances.
Withholding Diploma: Jacksonville College may withhold a student's diploma for a specified period or deny participation in commencement activities if the student is found responsible for policy violations.
Revocation of Degree: The College reserves the right to revoke a previously awarded degree for fraud, misrepresentation, or other violations of College policies that occurred in obtaining the degree, or for serious violations committed by a student prior to graduation.
Other Actions: Jacksonville College may assign additional sanctions as deemed appropriate, which may include:

Community Service: Community service, up to ten hours per week, may be added to disciplinary probation during the probationary period or following a warning.
Restriction of Access to Space, Resources, and Activities: Restrictions may be placed on access to certain spaces, resources, or activities to minimize contact between parties.

Educational Programs: A student may be required to participate in educational programs as an extension of any previously assigned sanctions.
No Contact Directives: These may be implemented as an administrative measure (though not necessarily a sanction) when deemed necessary for the safety and wellbeing of affected individuals or the College.

The presence of these examples does not limit the College’s ability to issue interim or administrative measures, such as restricting access to space and resources or imposing no contact directives, at its discretion, even in cases where no policy violation has been investigated or charged or where no policy violation has been found.

Postdetermination remedies may include the same supportive measures and can also be disciplinary or punitive, without necessitating avoidance of burdening the respondent.

Student Organization Sanctions

Sanctions applicable to student organizations, either singly or in combination, may include:

Warning: A formal statement indicating unacceptable conduct, with a warning that future violations of any Jacksonville College policy, procedure, or directive will result in more severe sanctions.
Probation: A written reprimand for violation of institutional policy, indicating that more severe sanctions may follow if the organization is found in violation within a specified period. Terms may include denial of specific social and event privileges, a denial of Jacksonville College funding, ineligibility for honors and awards, restrictions on new member recruitment, nocontact orders, and/or other appropriate measures.
Suspension: Termination of student organization recognition for a definite period, not to exceed two years, or until specific criteria are fulfilled. During the suspension period, the organization may not conduct any formal or informal business or participate in Jacksonville Collegerelated activities, either on or offcampus. Rerecognition is possible but not guaranteed and will only be considered following the completion of the suspension period and provided all rerecognition criteria are met.
Expulsion: Permanent termination of student organization recognition, with revocation of the privilege to conduct business or congregate on campus.
Loss of Privileges: Limited access to specific Jacksonville College privileges for a defined period.
Other Actions: Jacksonville College may impose any other sanctions deemed appropriate in addition to or in place of those listed above.

Employee Sanctions/Responsive/Corrective Actions

Responsive actions for employees engaged in harassment, discrimination, and/or retaliation may include:

Verbal or Written Warning
Performance Improvement Plan / Management Process
Enhanced Supervision, Observation, or Review
Required Counseling
Required Training or Education
Probation
Denial of Pay Increase / Pay Grade
Loss of Oversight or Supervisory Responsibility
Demotion
Transfer
Reassignment
Delay of (or referral for delay of) Tenure Track Progress
Assignment to New Supervisor
Restriction of Stipends, Research, and/or Professional Development Resources
Suspension / Administrative Leave with Pay
Suspension / Administrative Leave without Pay
Termination
Other Actions: Jacksonville College may impose any other responsive actions deemed appropriate in addition to or instead of the sanctions listed above.

Withdrawal or Resignation Before Complaint Resolution

Students (TX Educ. Code §51.287)

If a Respondent chooses not to participate in the Resolution Process, the process will continue to a reasonable resolution, absent their participation.

If a student Respondent permanently withdraws or graduates from Jacksonville College during the resolution process, the College will proceed until a Decisionmaker reaches a final determination regarding responsibility. The College will withhold the student’s transcript until a final determination is made. The disciplinary process may be expedited to accommodate the Respondent and Complainant’s interests in a timely resolution. Upon request from another postsecondary educational institution, Jacksonville College shall provide information regarding any determination that a student enrolled at the institution violated the College’s code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking.

Regardless of whether the complaint is ultimately dismissed or fully resolved, Jacksonville College will continue to address and remedy any systemic issues or concerns contributing to the alleged violations, as well as any ongoing effects of the alleged harassment, discrimination, and/or retaliation.

Employees

If an employee Respondent resigns amid unresolved allegations, the Resolution Process typically concludes with dismissal, as Jacksonville College will have lost primary disciplinary jurisdiction. However, the College may continue the Resolution Process at the discretion of the Title IX Coordinator if it is deemed necessary to address safety concerns and/or remedy ongoing effects of the alleged harassment, discrimination, and/or retaliation.

Regardless of the resolution outcome, Jacksonville College will take steps to address and remedy any systemic issues or concerns associated with the alleged violations, alongside any ongoing consequences of alleged harassment, discrimination, and/or retaliation.

An employee who resigns while allegations remain unresolved will be ineligible for academic admission or rehire with Jacksonville College, and this status will be documented by the Title IX Coordinator.

Appeals

An appeal must be submitted in writing to the Title IX Coordinator for students and to the Human Resource Department, acting as the Title IX Coordinator, for faculty or staff members. Either party involved in a matter covered by this policy may file an appeal based on a determination regarding responsibility and/or the Title IX Coordinator's dismissal of a formal complaint or any allegations therein from the Title IX Sexual Harassment process on the following grounds:

Procedural Irregularity: Evidence of a procedural irregularity that affected the outcome of the matter;
New Evidence: New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, which could affect the outcome of the matter; and
Conflict of Interest or Bias: A demonstrated conflict of interest or bias by the Title IX Coordinator, investigator(s), or decisionmaker(s) that affected the outcome of the matter.

Additionally, the College may offer grounds for appeal to both parties based on other relevant criteria.

For all appeals, the College must:

Notify the other party in writing when an appeal is filed and ensure that appeal procedures are consistent for both parties;
Assign decisionmakers for the appeal who are not the same individuals involved in the determination regarding responsibility or dismissal, nor the investigators or the Title IX Coordinator;
Ensure that decisionmakers comply with established standards;
Provide both parties with a reasonable, equal opportunity to submit written statements supporting or challenging the outcome;
Issue a written decision that describes the result of the appeal and the rationale for that result; and
Simultaneously provide the written decision to both parties.

Appeals must be filed no later than seven calendar days after the College transmits the decisionmaker's written determination or the Title IX Coordinator’s dismissal decision. The Title IX Coordinator may extend this deadline if warranted by the circumstances.

The Title IX Coordinator or Human Resource Department will appoint the appellate panel, taking care to avoid conflicts of interest or bias against complainants or respondents. The panel will consist of three members, which may include Deans, Human Resources personnel, and/or Vice Presidents, as appropriate. The Title IX Coordinator will notify the parties of the panel's identity, and parties may object to the service of the panel within three calendar days by submitting a written statement. The Title IX Coordinator will address such objections and appoint an alternate panel if necessary..

Members of the appellate panel must not include those from the hearing sanctioning panel, investigators, the Title IX Coordinator, or individuals who decided to dismiss a formal complaint.

Jacksonville College will inform the other party in writing once an appeal is filed and will implement appeal procedures in a fair manner for both parties. The other party will have five business days to submit a statement in support of the written determination and/or in opposition to the appeal. Any such statements will be shared with the appealing party and their advisor.

The appellate panel will issue a written decision that outlines the results of the appeal and the reasoning behind them, with simultaneous notification to both parties. The appellate panel’s decision will be the final step in the adjudication process, except as noted in the decision itself.

The appellate panel may either deny the appeal or, if one or more grounds for appeal are met, may:

return the case to the original decisionmaker(s) for reconsideration; or
appoint an alternate decision maker to review the case; or
change or modify the initial decision.

It is the responsibility of the appellate panel to determine if any aspects of the case merit further review and to provide direction to the Title IX Coordinator accordingly.

In the absence of extenuating circumstances, the appellate panel or Title IX Coordinator will notify both the complainant and respondent of the appeal decision simultaneously in writing within 20 business days following the appeal receipt deadline and will inform the Title IX Coordinator of any necessary further actions. This time frame may be extended based on circumstances, and both parties will be notified in writing if an extension is granted.

The appellate panel's decision on whether to grant or deny the appeal is final. Should the appeal be granted, the subsequent determination and/or sanction will also be final.

Documentation and Record Retention

Jacksonville College will maintain for a period of seven years records of:

Each sexual harassment investigation, inclusive of any determination regarding responsibility, audio or audiovisual recordings or transcripts of live hearings, disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant to restore or preserve equal access to educational programs or activities;
Documentation of any appeals and their results;
Records of any informal resolutions and their outcomes; and
All training materials used for Title IX Coordinators, investigators, decisionmakers, and facilitators of informal resolution processes. These training materials must be publicly available on the College's website or provided upon request if no website is maintained.

For each response required under §106.44, the Title IX Coordinator will create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the College must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the College's education program or activity. If a College does not provide a complainant with supportive measures, then the College must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the College in the future from providing additional explanations or detailing additional measures taken. Findings of responsibility will also be included in a student’s disciplinary record maintained by the Title IX Coordinator and/or an employee’s personnel records.

Violations of Law

Actions that violate this policy may also contravene local laws, exposing respondents to criminal prosecution. Such conduct may also lead to civil liability. Students, employees, or individuals engaged in activities at locations outside of Texas are subjected to the applicable laws pertaining to sexual assault and other offenses outlined in this policy. When the College has jurisdiction over reported conduct constituting violations of this policy, the definitions and standards in this policy will guide College discipline, regardless of local legal definitions.

Prevention and Awareness Programs

The College is dedicated to preventing Prohibited Conduct through ongoing education and awareness initiatives. Incoming students and new employees receive primary prevention and awareness training, while returning students and current employees participate in ongoing related programs. These educational efforts are coordinated across various departments, including the Title IX Coordinator, Dean of Students, Human Resources, and other College offices. (See TX Educ. Code §51.282.)

Annual Review

The Title IX Coordinator will maintain this policy and conduct an annual review to capture evolving legal requirements, assess support and resources available to parties, and evaluate the effectiveness of the resolution processes, including fairness, efficiency, and the sanctions and remedies imposed. The review may incorporate feedback from involved parties and an aggregated analysis of reports, resolutions, and campus climate.