Duties of a Responsible Employee

Updates to TSUS Sexual Misconduct Policy

The Texas State University System Board of Regents approved a new system-wide sexual misconduct policy on August 22, 2019. The infographic below illustrates key changes in the policy.

The following changes were made in August of 2019 to the TSUS TIX Sexual Misconduct Policy

  • The institution MUST terminate any employee whom it determines to have either failed to report an incident or knowingly made a false report of an incident. §3.9
  • A confidential source who receives information about an incident shall report to the Title IX Coordinator and Clery Act officer the type of incident reported (aggregate information only). §3.31
  • Amnesty for code of conduct violations (i.e., alcohol, drugs) only if the violation is not punishable by suspension or expulsion. §6.1
  • If a student withdraws pending a Title IX investigation, the disciplinary process doesn't end until a final determination of responsibility is made. §12.4
  • Two definitions of sexual harassment. One for employment context and one for education context. 

There are many university employees — professors, resident assistants, mentors — who students or colleagues may confide in about sexual misconduct. Responsible employees, as defined in the Sexual Misconduct Policy, are required to report sexual misconduct to the Title IX coordinator or other OEO staff. Texas State University will terminate an employee if it is determined that the employee failed to report sexual misconduct OR knowingly made a false report.

All Texas State administrators, faculty, staff and student workers are considered “responsible employees” except for:

  • Confidential sources:
    • Counseling Center staff
    • Student Health Center staff
    • Attorney for Students staff

What responsible employees should do if they receive a report of sexual misconduct

Before the person reveals any information, the employee should make sure that the person understands the employee’s reporting obligations. If the person wants to maintain confidentiality, the employee should refer them to confidential resources:

If the person wants to continue their non-confidential report, follow these steps:

1. Write down any information about the reported incident.

2. Provide a copy of the Sexual Misconduct Policy, which explains the Title IX reporting process and the rights of all parties.

3. Describe the next steps in the Title IX reporting process:

  • The Title IX coordinator must be notified; they will assess the report.
  • The person will be contacted by the Office of Equal Opportunity & Title IX to get more information.
  • OEO staff will investigate the report:
    • Sanctions may be put in place when applicable
    • Based on the weight and credibility of the evidence, the Title IX coordinator will issue a finding, either “violation of policy” or “no violation of policy”
    • The person reported of misconduct will be notified of the investigation and given the opportunity to respond
    • The assigned investigator will collect evidence and interview witnesses
    • Either party will have the right to dispute or appeal the decision

4. Explain that the person has two options for reporting to law enforcement if they choose: the University Police Department or local police department. Title IX reports and investigations are separate from any criminal investigation.

5. Discuss how confidentiality may impact any investigation:

  • A confidential report may limit the university’s ability to investigate the incident.
  • During an investigation, Texas State will only share information that is required by law or necessary to investigate the incident.
  • The university must balance your confidentiality with its responsibility to maintain a safe, nondiscriminatory environment.

6. If appropriate, discuss possible ways that the person could feel safe:

  • New housing or work assignment
  • Modified class schedules
  • Campus no-contact order (restraining order) against the assailant
  • Safety escort or assistance with transportation
  • Restrictions on the assailant from specific activities or facilities
  • Temporary withdrawal or suspension of the assailant from the university

How to support a person who shares a report of sexual misconduct

  • Do not blame them

  • Offer shelter and compassion

  • Respect their privacy

  • Do not share information with law enforcement without the person’s consent, unless the person has already involved law enforcement and officers are following up an investigation

  • Help them access available resources

Sexual Misconduct

You can file a report for someone else, anonymously, or using a pseudonym.

Texas State University System Sexual Misconduct Policy

Sexual Misconduct Policy

If you need to make a report, please contact Alexandria Hatcher, Title IX Coordinator, at 512.245.2539 or titleix@txstate.edu.