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Title IX

What is Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs and activities at institutions that receive federal financial assistance.  

Discrimination and harassment against any individual based on race, color, religion, sex, national origin, age, disability, genetic information, veterans status, sexual orientation, or gender identity are violations of A&M System policy and will not be tolerated.  Texas A&M - Texarkana firmly supports this effort and further pledges that our campus will provide equal employment opportunity, access, and affirmative action to our students and employees.  Nondiscrimination protections extend to employment and admissions decisions.  In addition, A&M - Texarkana will not discriminate on the basis of sex in its education programs and activities.  

Sexual harassment, including sexual violence, is a form of sex discrimination and is prohibited under Title IX.  Sex-based misconduct is unwelcome conduct, including advances, requests for favors, and other verbal and nonverbal or physical conduct, on the basis of sex that is severe, persistent, or pervasive enough to create a work, educational, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive. Sex-based misconduct is explicitly prohibited. Aiding another in the commission of sex-based
misconduct is also prohibited under this regulation. Sex-based includes, but is not limited to, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking based on sex.

Texas A&M - Texarkana is committed to promptly addressing all complaints of sex-based discrimination, harassment, and related retaliation made by or against faculty, staff, students, and third parties on campus in accordance with our policies and applicable federal and state laws.

Pregnancy and Parenting

Title IX prohibits educational institutions from discriminating against students based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.  It also prohibits schools from applying any rule related to a student's parental, familial, or marital status that treats students differently based on their sex.  

Information for Pregnant Students

Texas A&M University - Texarkana does not discriminate against any student on the basis of pregnancy or related conditions. Absences due to medical conditions relating to pregnancy or pregnancy related conditions will be excused for as long as deemed medically necessary by a student's doctor.  Students needing assistance should contact the Title IX Coordinator. Students should seek assistance as soon as practically possible - accommodations and assistance will only be provided retroactively in extremely limited situations. Accommodations are evaluated on a case-by-case basis.  

Request Accommodation for Pregnancy Related Conditions

Title IX does not include absences for child care.


Continuing Activities During Pregnancy

 Students cannot be excluded from any program or activity based on pregnancy.  A professor or administrator cannot require a doctor's note for continued participation unless required for all students with a medical condition that requires treatment by a doctor.  If the student does provide a note, the University may not second-guess the doctor's advice.  

Some university programs and classes may involve exposure to chemicals, radiation or other circumstances that may be considered harmful to an unborn child.  In these cases, pregnant students or students planning to become pregnant should consult with their health care provider to determine if any additional precautions are needed based on their individual situation.  The student is then encouraged to contact the Office of Compliance and Risk Management to explore appropriate risk reduction options.  


Lactation

A lactation room is located in University Center in Room 129 near Student Life.  This room is available to all faculty, staff, students and visitors to campus.  

Sexual Discrimination Harassment and Misconduct

What is Discrimination, Sexual Harassment and Sex-Based Misconduct? 

Discrimination is a materially aversion action or actions that intentionally or unintentionally excludes someone from full participation in , denies the benefits of, or affects the terms and conditions of employment or the access to educational or institutional programs because of an individual's race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, gender identity, or any other classification protected by federal, state, or local law.  It includes harassment (both hostile environment and quid pro quo) and retaliation based on a legally protected category.  

Sexual harassment is a form of sex discrimination.  It includes unwelcome conduct on the basis of sex that conditions the provision of aid, benefit or service on an individual's participation in unwelcome sexual conduct; actions that a reasonable person can determine to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the member's education program or activity; or is sexually violent or threatening such as sexual assault, dating or domestic violence, or stalking based on sex.  

Sex-based misconduct is unwelcome conduct on the basis of sex that is severe, persistent, or pervasive enough to create a work, educational, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive.  Aiding another in the commission of sex-based misconduct is included in this definition.  Sex-based misconduct also includes, but is not limited to, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking based on sex.  

Other Definitions

Reporting and Investigation Process

Responsibilities in Reporting

All employees and students are responsible for ensuring their work and educational environments are free from discrimination. When alleged or suspected discrimination is experienced by, observed by or made known to an employee in the course and scope of their employment, the employee is required to report that information as outlined in System Regulation 08.01.01, Civil Rights Compliance. An employee's failure to report alleged or suspected discrimination, or knowingly making a false report with the intent to harm or deceive, may result in disciplinary action, including dismissal.  We strongly encourage individuals to file a report directly with the Title IX Coordinator and in person.  However, Formal Complaints by the individual experiencing the unwanted behavior online may also make report online using the Formal Complaint of Sex-based Misconduct Form.  Individuals who have knowledge of potentially unwanted behavior or those who have experienced unwanted behavior but are not ready to begin a Formal Complaint but want to put the university on notice may make that report Potential Sex-based Misconduct Violation Report.

Faculty, staff, students, third parties, and applicants for admission or employment may file a formal complaint with the Title IX Coordinator at 903-334-6755, jwhittington@tamut.edu, or in person at the Office of Compliance. 

Anonymous reports by students or third parties may be made via EthicsPoint.


Confidential Reports

The University's ability to address sex-based discrimination, harassment, and misconduct claims depends on the ability of all involved to candidly participate in the process.  We recognize that individuals filing a complaint may be concerned about the privacy of information they are sharing as well as retaliation.

The University cannot guarantee unqualified confidentiality.  We must balance the privacy of individuals with the safety of the campus community.  The Title IX Coordinator is responsible for determining what information must be shared and with whom.  Additionally, administration involved with providing interim measures and other accommodations will also need to know the identity of individuals involved.  

Only certain employees may keep complaints of discrimination confidential, as outlined in System Regulation 08.01.01, Civil Rights Compliance. All other employees informed of possible discrimination should advise the reporter that they cannot keep the information confidential and are required to report it. Employees should inform the reporter that confidential guidance may be obtained at the Counseling Center (for students) or from the Employee Assistance Program (for employees).

A formal complaint does not need to be filed for a reporter to obtain assistance and resources.  Additionally, conduct that does not reach the level of sexual harassment or sex-based misconduct may still be prohibited under university policies and the Student Code of Conduct.


Retaliation

Anyone who, in good faith, participates in a report or investigation has the right to do so without retaliation.  Retaliation against any participant will be viewed as a separate violation of University Rules, Polices, and Code of Conduct and may result in sanctions or other disciplinary action, regardless of the merits of the original complaint.  Any person who believes they have been subjected to retaliatory actions should report this to the individual(s) investigating the complaint or to the Title IX Coordinator.  

Retaliation is defined as intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured under civil rights laws and regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.  The exercise of rights protected under the First Amendment does not constitute prohibited retaliation nor does filing a mandatory report as required by System Regulation.  In addition, a university official who files a mandatory report or charges an individual with making a materially false statement in the course of an investigation has not engaged in retaliation.  

Retaliation is explicitly prohibited.  Aiding another in the commission of retaliation is also prohibited.


Process

When the University learns of a report of discrimination on the basis of sex (including sexual harassment or sex-based misconduct, the Title IX Coordinator will conduct an initial inquiry, gathering information surrounding the allegations and understanding the complainants needs and wishes.  Even if the complainant does not want to participate or requests that the University does not pursue the matter, the University may be required to conduct an investigation if it is in the best interest of the campus community safety.  

After an initial inquiry is conducted, the Title IX Coordinator will determine if a comprehensive investigation is appropriate.  The person(s) alleged to have committed the sexual harassment or sex-based misconduct (the respondent(s)), will be notified in writing.  

Trained Investigator(s) will attempt to interview all relevant persons.  Both the complainant and the respondent are allowed ot have an advisor of their choosing to accompany them through the process, however, the advisor is not allowed to participate during the investigation process.  

Both parties must have an advisor for the hearing process.  If a party does not have one, the university will appoint one.  During the hearing, the parties may direct their advisors to ask relevant questions of the opposing party, investigators, and witnesses.  

In cases where physical sexual acts are not alleged, an information resolution may be permitted.  Any informal resolution must be approved by the Title IX Coordinator.  In cases involving rape, dating violence, domestic violence, or any case with the threat of imminent harm, mediation cannot be used to resolve the complaint.  

When the person(s) accused of sexual harassment or sexual misconduct is not affiliated with the university, the response will vary depending on the level of control the university has over the respondent.  

Simplified Process Flow Chart                 Detailed Process Flow Chart

Title IX Resources

Resources for Victims, Survivors, and Complainants

University Police Department
903-334-6611
Located in Central Plant
Texarkana Texas Police Department
Emergency:  911
903-798-3116
100 N Stateline Ave.  #16, Texarkana TX  75501 

The law enforcement agencies listed above are available 24/7 for emergency response, facilitating medical transport, investigating incidents of a criminal nature, referrals, and preserving evidence.  UPD officers are required to report allegations of sexual misconduct to the Title IX Coordinator.  


Confidential Resources

TAMUT Counseling Center
903-334-6613
After Hours:  903-276-8276
Located in University Center 420
counseling.services@ace.tamut.edu

Domestic Violence Prevention - Texarkana
DVP Provides assistance to those in domestic violence situations as well as those in crisis and victims of sexual assault.
24 Hour Crisis Line - 903-793-HELP (4357)   or 903-277-3350
Office number 903-794-4000
424 Spruce St., Texarkana TX 

Employee Assistance Program
Guidance Resources
866-301-9623

RAINN - Rape Abuse and Incest National Network

LASSA - Legal Aid for Survivors of Sexual Assault

Texas Association Against Sexual Assault (TASSA)


CRISIS Text Line

Text HELLO to 741741


Resources for Educational Information

Bystander Intervention - Who Are You?

Consent - It's Simple as Tea

It's On Us

No More


Resources about Laws, Regulations, and Policies

TAMUT Civil Rights Compliance Rule

TAMUT Student Code of Conduct

Title IX and Sex Discrimination - OCR

Office of Civil Rights:  Reading Room

Regulations for Title IX

NOTICE:

If you are in immediate threat of harm, immediately call 911 or 6611 from any campus phone.  

Title IX Training & Reporting

All students receive training on sexual harassment, sexual assault, dating violence, and stalking during their first semester enrolled.  This training is provided online here.  Failure to complete the required training during their first semester enrolled will result in a hold being placed on registration for the next semester until the training is completed.

Title IX Training for Students

All employees are required to complete TrainTraq training on equal opportunity and nondiscrimination within 30 days of hire and every two (2) years thereafter.  This training includes topics on sexual harassment, sexual assault, dating violence, and stalking as well as the requirements and responsibilities of employees as mandatory reporters.  

Those involved in the administration of civil rights complaints receive additional training as outlined in System Regulation 08.01.01, Civil Rights Compliance.  As required, the training materials used in this training is provided here.  

Title IX Training & Reporting Resources

Questions or concerns related to equal employment opportunity, equal access, or affirmative action can be directed to the following individuals.

Jill Whittington
Title IX Coordinator
Director of Compliance & Risk Management
(903) 334-6755
Charlotte Banks
Deputy Title IX Coordinator
Director of Human Resources
(903) 223-3021
Celeste McNiel
Deputy Title IX Coordinator
Director of Student Life
(903) 223-1351