HCC Sexual Assault Policy for Employees

1. Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 1 of 7
UPDATE 37
DIAA(LOCAL)-X
Note: This policy addresses employee complaints of sex and
gender discrimination to include gender identity and gen-
der expression, sexual harassment, sexual assault, and
retaliation. For legally referenced material relating to this
subject matter, see DAA(LEGAL). For sex discrimination,
sexual harassment, sexual violence, and retaliation tar-
geting students, see FFDA.
The College District prohibits discrimination, including harassment,
against any individual(s) on the basis of race, color, religion, na-
tional origin, age, veteran status, disability, sex, sexual orientation,
gender, to include gender identity and gender expression, or any
other basis prohibited by law. Retaliation against anyone involved
in the complaint process is a violation of College District policy.
“Employee,” solely for purposes of this policy, includes current full-
time and part-time employees, former employees, applicants for
employment, and unpaid interns.
“Sex” or “Gender,” as used in this policy, includes sex, sexual ori-
entation, gender, gender identity, and gender expression.
The College District prohibits sex discrimination. Sex discrimination
against an employee is defined in this policy as conduct directed at
an employee on the basis of sex or gender, to include gender iden-
tity and gender expression that adversely affects the employee’s
employment with the College District.
Sex discrimination includes all forms of sexual and gender-based
misconduct. Sex discrimination violates an individual’s fundamental
rights and personal dignity. The College District is committed to the
principle that the working environment of its employees and the
classroom environment for students should be free from inappro-
priate conduct of a sexual or gender-based nature (e.g., sex dis-
crimination, sexual assault, sexual harassment, and sexual vio-
lence) by employees, students, or third parties. Sexual and gender-
based misconduct is unprofessional, shall not be tolerated, and is
expressly prohibited. Individuals who engage in such conduct shall
be subject to disciplinary action up to and including termination.
Examples of sex discrimination include, but are not limited to:
1. Denying certain employees compensation or benefits on the
basis of their sex or gender; and
2. Paying equally qualified employees in the same position dif-
ferent salaries because of their sex/gender.
Statement of
Nondiscrimination
Definitions
Employee
Sex or Gender
Sex Discrimination
Examples

2. Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 2 of 7
UPDATE 37
DIAA(LOCAL)-X
The College District prohibits sexual harassment. Sexual harass-
ment is a form of sex discrimination defined as unwelcome sexual
advances; requests for sexual favors; sexually motivated physical,
verbal, or nonverbal conduct; or other conduct or communication of
a sexual nature when:
1. Submission to the conduct is either explicitly or implicitly a
condition of an employee’s employment, or when submission
to or rejection of the conduct is the basis for an employment
action affecting the employee (“quid pro quo” sexual harass-
ment); or
2. The conduct is so severe, persistent, or pervasive that it has
the purpose or effect of unreasonably interfering with the em-
ployee’s work performance or creates an intimidating, threat-
ening, hostile, or offensive work environment.
The College District prohibits sexual violence. Sexual violence is a
form of sexual harassment. Sexual violence includes physical sex-
ual acts perpetrated against a person’s will or where a person is in-
capable of giving consent due to the victim’s use of drugs or alco-
hol or due to an intellectual or other disability.
Examples of sexual harassment include, but are not limited to, sex-
ual advances; touching intimate body parts; coercing or forcing a
sexual act on another; jokes or conversations of a sexual nature;
offensive or derogatory language directed at another person’s gen-
der identity; and other sexually motivated conduct, communication,
or contact.
The College District prohibits retaliation against an individual who
makes a claim alleging to have experienced discrimination or har-
assment, or another individual who, in good faith, makes a report,
serves as a witness, or otherwise participates in an investigation
under this policy.
Examples of retaliation include, but are not limited to, termination,
refusal to hire, demotion, and denial of promotion. Retaliation may
also include threats, unjustified negative evaluations, unjustified
negative references, or increased surveillance.
An employee who intentionally makes a false claim, offers false
statements, participates in prohibited conduct, or refuses to coop-
erate with a College District investigation regarding harassment or
discrimination is subject to appropriate discipline.
Sexual Harassment
Sexual Violence
Examples
Retaliation
Examples
False Claims
Prohibited Conduct

3. Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 3 of 7
UPDATE 37
DIAA(LOCAL)-X
In this policy, the term “prohibited conduct” includes discrimination,
harassment, and retaliation as defined by this policy, even if the be-
havior does not rise to the level of unlawful conduct.
The College District strongly encourages employees and students
to report incidents of sexual harassment, sexual assault, dating vi-
olence and stalking. Employees and students may report prohib-
ited conduct electronically though the College District’s Title IX
website. To make a report or obtain more information, visit the Col-
lege District’s Title IX website1
.
An employee who believes that he or she has experienced prohib-
ited conduct is encouraged to immediately report the alleged acts
to his or her immediate supervisor or to the Title IX Coordinator.
An employee who, in the course and scope of employment, wit-
nesses or receives information regarding the occurrence of an inci-
dent that the employee reasonably believes constitutes sexual har-
assment, sexual assault, dating violence, or stalking and is alleged
to have been committed by or against a person who was a student
enrolled at or an employee of the College District at the time of the
incident is required, by law, to mandatorily report the incident to the
Title IX Coordinator.
The report must include all information concerning the incident
known to the reporting person that is relevant to the investigation
and, if applicable, redress of the incident, including whether an al-
leged victim has expressed a desire for confidentiality in reporting
the incident.
A report against the Chancellor or a Board member may be made
directly to the Board Chairperson. If a report is made directly to the
Board Chairperson, the Board Chairperson shall appoint an appro-
priate person to conduct an investigation. A report against the
Board Chairperson may be made to the Board Vice Chairperson in
accordance with Board succession procedures. The Board Vice
Chairperson shall appoint a trained investigator to conduct an in-
vestigation.
An employee who fails to report an incident of sexual harassment,
sexual assault, dating violence or stalking can be charged with a
Class B Misdemeanor and subject to termination. If it is found that
the employee intentionally tried to conceal the incident, he or she
could also face a Class A misdemeanor charge.
1 College District’s Title IX website: https://www.hccs.edu/departments/in-
stitutional-equity/title-ix-know-your-rights/
Reporting
Procedures
Electronic Reporting
Reporting by
Employee
Mandatory
Reporting for
Employees
Failure to Report

4. Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 4 of 7
UPDATE 37
DIAA(LOCAL)-X
A person who received the information solely from a disclosure at a
sexual harassment, sexual assault, dating violence, or stalking
public awareness event sponsored by a postsecondary educational
institution or by an employee organization affiliated with the institu-
tion is not required to report the prohibited conduct.
Employees designated by the Title IX Coordinator as “confidential
employees” are except from reporting all relevant information known
about an incident of sexual harassment, sexual assault, dating vio-
lence, or stalking, and only required to report the type of incident to
the Title IX Coordinator.
Designated confidential employees include certain licensed profes-
sional counselors, licensed professional social workers, and other
employees with a professional license requiring confidentiality who
are working within that license.
For the purposes of this policy, the College District official is the Ti-
tle IX Coordinator.
Reports of discrimination based on sex, including sexual harass-
ment, may be directed to the Title IX Coordinator. The College Dis-
trict designates the following person to coordinate its efforts to
comply with Title IX of the Education Amendments of 1972, as
amended:
Name: David Cross
Position: Director EEO and Compliance, Title IX Coordinator
Address: Office of Institutional Equity (OIE)
3100 Main Street, Suite 702, 7th Floor
Houston, TX 77002
Telephone: (713) 718-8271
The Director EEO and Compliance and the Office of Institutional
Equity shall serve as coordinator for purposes of College District
compliance with all other antidiscrimination laws.
Reports of prohibited conduct shall be made as soon as possible
after the alleged act or knowledge of the alleged act. A failure to
promptly report may impair the College District’s ability to investi-
gate and address the prohibited conduct.
The College District may request, but shall not insist upon, a writ-
ten report. If a report is made orally, the College District official
shall reduce the report to written form.
Exceptions
Disclosure at
Event
Employee
Subject to
Confidentiality
Rules
Definition of College
District Official
Title IX Coordinator
Other Anti-
discrimination Laws
Timely Reporting
Investigation of the
Report

5. Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 5 of 7
UPDATE 37
DIAA(LOCAL)-X
Upon receipt or notice of a report, the College District official shall
determine whether the allegations, if proven, would constitute pro-
hibited conduct as defined by this policy. If so, the complaint reso-
lution process shall immediately begin, except as provided below
at Criminal Investigation. [See DIAA(REGULATION)]
If the College District official determines that the allegations, if
proven, would not constitute prohibited conduct as defined by this
policy but may constitute a violation of other College District rules
or regulations, the College District official shall refer the complaint
for consideration under the appropriate policy and may discuss re-
sources and support services with the reporting party.
When appropriate, the College District shall promptly take interim
action calculated to prevent prohibited conduct during the course of
an investigation.
An investigation may be conducted by the College District officials,
College District investigators designated by the Title IX Coordina-
tor, or by a third party designated by the College District, such as
an attorney. The investigators shall have received appropriate
training regarding the issues related to the complaint and the rele-
vant College District’s policy and procedures. When appropriate,
the supervisor shall be involved in or informed of the investigation.
The investigation may consist of personal interviews with the per-
son making the report, the person against whom the report is filed,
and others with knowledge of the circumstances surrounding the
allegations. The investigation may also include analysis of other in-
formation or documents related to the allegations.
If a law enforcement or regulatory agency notifies the College Dis-
trict that a criminal or regulatory investigation has been initiated,
the College District shall confer with the agency to determine
whether the College District’s investigation would impede the crimi-
nal or regulatory investigation. The College District shall proceed
with its investigation only to the extent that it does not impede the
ongoing criminal or regulatory investigation. After the law enforce-
ment or regulatory agency has completed gathering its evidence,
the College District shall promptly resume its investigation.
Absent extenuating circumstances, the investigation should be
completed within 60 College District business days from the date of
the report; however, the investigators shall take additional time if
necessary to complete a thorough investigation.
The investigators shall prepare a written report summarizing the
relevant investigation information. The final investigative report
Criminal
Investigation
Concluding the
Investigation

6. Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 6 of 7
UPDATE 37
DIAA(LOCAL)-X
shall be filed with the Title IX Coordinator overseeing the investiga-
tion.
If the results of an investigation indicate that prohibited conduct oc-
curred, the College District shall promptly respond by taking appro-
priate disciplinary action, up to and including termination, or correc-
tive action reasonably calculated to address the conduct.
The College District may take action based on the results of an in-
vestigation, even if the conduct did not rise to the level of prohib-
ited or unlawful conduct.
Examples of corrective action may include a training program for
those involved in the complaint, a comprehensive education pro-
gram for the College District community, counseling for the victim
and the individual(s) who engaged in prohibited conduct, follow-up
inquiries to determine whether any new incidents or any instances
of retaliation have occurred, community involvement in efforts to
identify problems and improve the College District climate, increas-
ing staff monitoring of areas where prohibited conduct has oc-
curred, and reaffirming the College District’s policy against discrimi-
nation and harassment.
To the greatest extent possible, the College District shall respect
the privacy of the parties, witnesses, and other persons involved.
Limited disclosures may be necessary in order to conduct a thor-
ough investigation and comply with applicable law.
A party may appeal the findings of an investigation where it is al-
leged that procedural error or previously unavailable relevant evi-
dence could significantly impact the outcome of the case through
the applicable regulation. [See DIAA(REGULATION) for employ-
ees, FFDA(REGULATION) for students, and GB(LOCAL) for com-
munity members] Individuals may have a right to file a complaint
with appropriate state or federal agencies.
Retention of records shall be in accordance with the College Dis-
trict’s records retention procedures. [See CIA]
Information regarding this policy and any accompanying regula-
tions, as well as relevant educational and resource materials con-
cerning the topics discussed in this policy, shall be distributed an-
nually to College District employees and students in compliance
with law and in a manner calculated to provide easy access and
wide distribution, such as through electronic distribution and inclu-
sion in the employee and student handbooks and other major Col-
lege District publications. Information regarding the policy, regula-
tions, and related materials shall also be prominently published on
the College District’s website, taking into account applicable legal
College District
Action
Corrective Action
Confidentiality
Appeal
Records Retention
Access to Policy,
Procedures, and
Related Materials

7. Houston Community College
101506
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA
SEX AND SEXUAL VIOLENCE (LOCAL)
DATE ISSUED: 12/18/2019 ADOPTED: 7 of 7
UPDATE 37
DIAA(LOCAL)-X
requirements. Copies of the policy and procedures shall be readily
available at the College District’s administrative offices and shall be
distributed to an employee who makes a report.
This policy shall be effective as of the adoption date, February 5,
2020.
Effective Date