Sexual Misconduct Policy and Reporting
If you need to make a report, please contact Alexandria Hatcher, Title IX Coordinator, at 512.245.2539. You may also click the "Report an Incident" button below.
In May 2020, the U.S. Department of Education announced new Title IX regulations that govern colleges’ and universities’ policies and procedures for investigating and adjudicating allegations of sexual harassment; which is defined to include sexual assault and other forms of sexual misconduct.
The final rule, which took effect August 14, 2020, mandates incidents that occur on or after August 14, 2020, are subject to the new regulations. These requirements are not limited to allegations involving students, but also apply to staff, faculty, and postdoctoral scholars.
It is important to note that Title IX regulations define the minimum steps that schools, colleges, and universities must take in sexual misconduct cases that meet certain specified criteria. As we continue to develop procedures for intake and investigations in compliance with the new Title IX regulations, it is important to note that Texas State University continues to take all forms of sexual misconduct extremely seriously and is committed to providing an inclusive and welcoming educational and working environment for all members of the Bobcat community regardless of sex, gender, gender identity, gender expression, or sexual orientation. This commitment is codified in the new TSUS Sexual Misconduct Policy, which was revised to comply with federal regulatory changes.
We encourage all university members to review and familiarize themselves with the TSUS Sexual Misconduct Policy and additional resources here on our website.
Additionally, a summary of Title IX is available on the Department of Education website. Anyone needing to report sexual misconduct or request supportive measures should use the online Reporting form, call the office at 512-245-2539, or send an email to email@example.com.
New Features of the TSUS Sexual Misconduct Policy Include:
Two Grievance Processes
Title IX Sexual Harassment and Non-Title IX Sexual Misconduct. Under the new regulations, the university is required to investigate, adjudicate, and/or otherwise help facilitate the resolution of complaints of alleged sexual harassment or sexual misconduct made against students, faculty, and staff. The Office of Equal Opportunity and Title IX will assist individuals in determining if the reported behavior constitutes Title IX Sexual Harassment or Non-Title IX Sexual Misconduct.
Title IX Sexual Harassment
Title IX Sexual Harassment only applies to incidents of sexual misconduct that:
- Meet the definition of Title IX Sexual Harassment;
- Are alleged to have occurred when the Complainant was participating in or attempting to participate in an institution’s Education Programs or Activities, and;
- Occurred against a person located within the United States.
The Non-Title IX Sexual Misconduct
The Non-Title IX Sexual Misconduct process addresses instances of sexual misconduct affecting students and employees that do not meet the requirements of Title IX Sexual Harassment.
Formal Complaint Filing
A formal complaint, which includes a specific form that requires a signature, must be filed to initiate the Title IX Sexual Harassment grievance process. The reporting form can be accessed at the Office of Equal Opportunity and Title IX website.
Under the new Title IX Sexual Harassment process, there will be live hearings with live cross examination (conducted by parties’ advisors). The option to conduct hearings and cross examination remotely is available.
Right to an advisor
Students, faculty, and staff who are parties to a Title IX Sexual Harassment investigation have a right to an advisor during the hearing and to conduct cross-examination. If a party does not have an advisor in a Title IX Sexual Harassment matter, the university will provide an advisor for the limited purpose of conducting cross-examination for the party.
Many features of Texas State’s previous policy related to sexual misconduct will remain the same, including:
Reviews, Responses, and Investigations
Texas State will continue to review, respond to, and, where appropriate, investigate and adjudicate reports of sexual harassment and sexual misconduct impacting members of the university community, even where those reports may involve allegations of misconduct that may fall outside of the narrow requirements prescribed by the new Title IX regulations.
"Preponderance of Evidence" Standard
The university will continue to apply a “preponderance of the evidence” standard in cases of alleged Title IX Sexual Harassment or Non-Title IX Sexual Misconduct made against students, faculty, or staff at the university.
The university will continue to provide supportive measures (formally known as interim measures), which will continue to be available to the complainant and respondent (e.g., No Contact Orders, academic support, or housing changes) with or without participating in a formal investigation/adjudication.
Reporting Requirements for all TXST Employees
The university expects all university employees, except those expressly identified as a confidential source by university policy, to report all relevant details known to the employee about the alleged sexual misconduct they witness, or that is shared by the Complainant or someone else to the Office of Equal Opportunity and Title IX as obligated by Texas Senate Bill (SB) 212. Specifically, under SB 212, an employee of the university who, in the course and scope of employment, witnesses or receives information regarding an incident that the employee reasonably believes could constitute sexual harassment, sexual assault, dating violence, or stalking is required to report such promptly to the Title IX Coordinator. An employee who fails to report an incident of sexual harassment, sexual assault, dating violence, or stalking may be subject to criminal penalty (misdemeanor). SB 212 also requires that an employee who fails to report incidents of sexual harassment, sexual assault, dating violence, or stalking be terminated from their employment.