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Title IXGender-based Discrimination including Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking

 

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

- Title IX of the Education Amendments of 1972


Midland College is committed to providing and strengthening an educational, working, and living environment where students, faculty, staff and visitors are free from sex discrimination or related retaliation of any kind. In accordance with Title VII, Title IX, the Violence Against Women Act (VAWA), and other federal and state laws, the College prohibits discrimination based on sex and other types of sexual misconduct.

Your Rights Under Title IX (pdf)

Title IX at Midland College

WHAT IS TITLE IX?

Title IX of the Education Amendment of 1972 prohibits discrimination on the basis of sex in education programs and activities at federally funded institutions.  Title IX protects students, faculty, staff from all forms of sex discrimination.

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Texas regard Sexual Harassment a specific form of discriminatory harassment and is unlawful discriminatory practice.

Midland College has designated the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:

Tana Baker
Title IX/504 Coordinator and Compliance Officer
3600 N. Garfield
Scharbauer Student Center Room 131
Midland, Texas 79705
(432) 685-4781
tbaker@midland.edu

(This statement is required by Title IX Regulations)

Midland College adheres to all federal, state, and local civil rights laws prohibiting discrimination in employment and education. Midland College does not discriminate in its admissions practices [except as permitted by law], in its employment practices, or in its educational programs or activities on the basis of sex/gender[i] . As a recipient of federal financial assistance for education activities, Midland College is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex/gender. Sex includes [sex, sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or parenting status].

Midland College also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process internal or external to the institution. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by Midland College policy.

Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational, employment, residential, or social access, opportunities and/or benefits of any member of the Midland College community on the basis of sex is in violation of the DIAA, DIAB (LOCAL) and FFDA, FFDB (LOCAL).

Any person may report sex discrimination (whether or not the person reporting is the person alleged to have experienced the conduct), in person, by mail, by telephone, by video, or by email, using the contact information listed for the Title IX Coordinator (below). A report may be made at any time (including during non-business hours) by filing an online complaint here: Discrimination/Sexual Harassment Reports

Questions regarding Title IX, including its application and/or concerns about noncompliance, should be directed to the Title IX Coordinator. For a complete copy of the policy or for more information, please visit the college policies here: Texas Association of School Boards, or contact the Title IX Coordinator.

Click a topic below for details

In order to clarify the Title IX investigation process, we have assembled a glossary of Title IX terms. If you have further questions or want more information about these terms, please contact our Title IX Coordinator.

Actual Knowledge – notice of discrimination, sexual harassment or allegations of discrimination, sexual harassment to the Midland College Title IX Coordinator who has the authority to institute corrective measures on behalf of the college.

Advisor – an individual chosen by a party or appointed by the College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.

Complainant – an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.

Confidential Resource – an employee who is not a Responsible Employee to report harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status)

Day – means a business day when the College is in normal operation.

Education Program or Activity – locations, events, or circumstances where Midland College exercises substantial control over both the Respondent and the context in which the sexual harassment, discrimination, and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by Midland College.

Formal Complaint – a document filed by a complainant or signed by the Title IX Coordinator alleging prohibited behavior link to the PROHIBITED BEHAVIOR page) against a respondent and requesting that the college investigate the allegations.

Formal Grievance Process – Process I – a method of formal resolution designated by Midland College to address conduct that complies with the requirements of the Title IX regulations (34 CFR §106.45).

Grievance Process – Process II – an administrative resolution procedure that is applied when the complaint does not rise to the level of Process I as determined by the Title IX Coordinator.

Notice – an employee, student, or third party informs the Title IX Coordinator or other Responsible Employee of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.  Notice also includes personal observation of harassing, discriminatory and/or retaliatory conduct by a Midland College employee (excludes student employees).

Parties – the Complainant(s) and Respondent(s) of the alleged conduct.

Respondent – an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.

Responsible Employee – an employee of Midland College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator.

Supportive Measures – non-disciplinary, non-punitive individualized services offered to the Complainant or Respondent and are designed to restore or preserve equal access to the educational program or activity without unreasonably burdening either party. These individualized measures are also designed to protect the safety of all parties the Midland College community.

When sexual harassment or sexual violence has occurred and is brought to the attention of a Title IX official, Midland College will take steps to end the harassment or violence, prevent its re-occurrence and address its effects.

For more information, view the sexual and gender-based misconduct policy:

  • Students CLICK HERE to view policies FFDA (Local) or FFDB (Local)
  • Employees CLICK HERE to view policies DIAA (Local) or DIAB (Local)

The Midland College Catalog/Student Handbook has more detailed information regarding procedures under the subtitle Equity and Nondiscrimination.

You may also contact the Title IX Coordinator:

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu or title9@midland.edu

Prohibited conduct includes:

  • Discrimination
  • Harassment
  • Gender-based Harassment
  • Sexual Harassment
  • Dating Violence
  • Domestic Violence
  • Stalking
  • Retaliation

Even if the behavior does not rise to the level of unlawful conduct, but may be perceived as offensive conduct, Midland College reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature and not based on a protected status.  Addressing such conduct will not result in the imposition of discipline under the Midland College policy, but may be addressed through respectful conversation, remedial actions, education, and/or other informal resolution processes.

Students should contact the Title IX Coordinator for assistance with informal resolution processes.

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu

Employees should contact the Director of Human Resources for assistance with informal resolution processes.

Natasha Morgan
Director, Human Resources/Payroll
(432) 685-4534
nmorgan@midland.edu

Title IX governs many aspects of college life, including MC Athletics. Below you will find a general list of frequently asked questions and answers abut the requirements of Title IX in relation to MC Athletics.

If you have questions that aren’t covered here, please contact our Title IX Coordinator.

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu

What does Title IX require of Athletics?

Title IX’s requirements of Athletics can be divided into three basic categories:

  1. Participation
    Men and women must be given equitable opportunities to participate in college sponsored athletics. The number and type of sports offered for men and women do not have to be the same, but there does need to be an equitable opportunity to play.
  2. Scholarships
    Female and male student athletes must receive scholarship dollars proportional to their participation levels in sports.
  3. Other Benefits
    Male and female student athletes must receive equitable treatment in other aspects of being a student-athlete. This includes, but is not limited to, access to quality equipment, game/practice schedules, travel allowances, tutoring, coaching, locker rooms, stadiums, medical/training facilities, housing/dining, marketing, support services, and recruitment.

What does “equitable opportunities to participate” mean?

There are three tests that can be used to determine whether or not a college is providing an equitable opportunity to participate for both male and female athletes. A college or university provides “equitable opportunities to participate” if it can demonstrate compliance with one of the following tests:

  1. The college provides participation opportunities for women and men that are substantially proportionate to their respective rates in the college’s full-time undergraduate student enrollment. For example, if a college undergraduate enrollment, if the undergraduate enrollment for Fall 2019 was 54% male, 47% female, then approximately 53% of its athletic roster spots should be reserved for male student-athletes and approximately 47% should be reserved for female student-athletes.
  2. The college demonstrates a history and continuing practice of program expansion for the underrepresented sex. Thus, even if a school’s proportions under the first test are out of balance, the institution can still be compliant by showing that it is working towards achieving proportionality.
  3. The college can demonstrate that it is fully and effectively accommodating the interests and abilities of the underrepresented sex. So, if the institution can show that there is simply no interest from students of the underrepresented sex in increased athletic participation, the institution will be considered in compliance.

Does Title IX only benefit women’s sports?

Although Title IX’s effect on Women’s athletics has historically received attention in the media, Title IX benefits all student-athletes because it prevents colleges and universities from discriminating against anyone on the basis of gender. Title IX seeks to create an equitable educational environment where students of all genders can be successful in the classroom as well as on the field, court, or course.

Does Title IX require that equal money be spent on both men’s and women’s sports?

No. Title IX requires that scholarship money be awarded equitably to males and females based on their relative participation rates in athletics. Likewise, Title IX requires that female and male student-athletes receive equitable treatment, equipment, and benefits.

Does Title IX require a college or university to offer the same sports for both men and women?

No. Title IX does not require that males and females be offered the opportunity to participate in the same sports. Thus, a college or university may field a men’s basketball team without having a women’s basketball team as long as the institution offers equitable opportunities for females to participate in athletics (through another women’s sport). Title IX leaves it up to universities to determine which sport meet the needs of their student body.

Does Title IX apply to club and intramural sports?

Yes. Just like varsity sports, both club and intramural sports are regulated by Title IX. Institutions must offer equitable opportunities for participation in club and intramural sports for female and male students.

What if I believe that Midland College is out of compliance?

Alleged violations of Title IX should be reported to the Midland College Title IX Coordinator.

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu

You can also report directly to the Office of Civil Rights (OCR) within the U.S. Department of Education. OCR is responsible for compliance of every college and university who receives federal funding. You can find more information at:  www2.ed.gov/about/offices/list/ocr/index.html

Title IX is a federal law that prohibits discrimination on the basis of sex in an education program. Among the types of gender discrimination covered by this statute, Title IX protects against discrimination related to pregnancy or parental status. Protection extends to students who are pregnant or who have either had a false pregnancy, termination of pregnancy, have gone through childbirth, or are recovering from any of those conditions. Title IX regulations also prohibit a school from applying any rule related to a student’s parental, family or marital status that treats students differently based on their sex.

Below are some frequently asked questions and their answers about the University’s compliance with this aspect of Title IX.

Where can a student seek assistance for pregnancy-related accommodations?

Pregnant students may contact the Office of Title IX to request assistance with accommodations. Examples of accommodations include, but are not limited to, rescheduling tests or exams, excusing absences, submitting work after a deadline, providing alternatives to make up missed work, or retaking a semester. The Office of Title IX may facilitate communications with the student’s professors or assist with other University resources.

Pregnancy, childbirth, and related conditions may necessitate absence. Will those absences be excused?

Yes. Absences due to pregnancy, childbirth, or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. Depending on the length of the absence and area of instruction, it may be academically necessary for the student to take a leave of absence. Professors must provide a leave of absence for pregnant students for as long as it is deemed necessary by their medical doctor. Professors may require a doctor’s note for pregnancy –related absences only if a doctor’s note is required to excuse other medically-related absences.

What happens when a pregnant student misses an assignment(s), test(s), exam(s) etc. due to an excused absence?

After an excused absence due to pregnancy, childbirth, or any related medical conditions, professors must allow a reasonable time for the student to make up missed assignments and tests. This is true regardless of the professor’s typical makeup assignment policy. Depending on the nature of the course, making up the exact missed assignment might not be feasible. The makeup work does not have to be exactly the same as the missed work, but needs to be reasonably equivalent.

Can pregnant students be penalized for their absence if grades in class are based on attendance or participation?

A student may not be penalized for absences known to be due to pregnancy, childbirth, or other related medical conditions. A professor cannot reduce a pregnant student’s grade because of attendance or participation points that the student missed during excused absences due to her pregnancy-related conditions. The professor must give the student a reasonable opportunity to earn back the credit missed due to pregnancy.

Can a professor prevent a pregnant student from attending class?

No. Under Title IX, the University cannot exclude someone from class based on their pregnancy. The University can only require a pregnant student to provide a doctor’s certification of fitness to continue in an education program or activity if the same requirement is imposed on all other students with medical conditions requiring a doctor’s care.

Can a pregnant student participate in internships and other off-campus programs?

Yes. Pregnant students cannot be excluded from College-related off-campus programs, such as internships, off-campus activities, College-sponsored activities, and other extracurricular activities.  A professor cannot require a doctor’s note to show fitness to participate unless it is required for all students in the program.

Does the College have to provide special services to pregnant students?

Midland College must provide the same services to pregnant students that it provides for other students with temporary disabilities.

What if a student or professor makes an offensive or inappropriate remark about a student’s pregnancy?

Midland College will not tolerate gender-based harassment, including harassment based on her pregnancy, she should let the Title IX Coordinator know immediately.  If a faculty or staff member witnesses or learns about harassment of a pregnant student, the should also immediately notify the Title IX Coordinator so that prompt and effective steps end the pregnancy-related harassment, prevent its recurrence, and eliminate any hostile environment created by the harassment.

The same grievance procedures are applicable to complaints of sexual misconduct also apply to discrimination based on pregnancy or parental status.

Title IX prohibits a school’s retaliation against an individual for filing a complaint or raising concerns about the rights of a pregnant and parenting student.

Can a pregnant student lose her scholarship due to her pregnancy?

As long as the student remains in school and in good standing when the student is not medically required to be absent, the student will not lose the scholarship.

Who do I contact if I have more questions?

For questions contact the Title IX Coordinator:

Tana Baker
(432) 685-4781
tbaker@midland.edu or title9@midland.edu

Or you can reference these additional resources:

Midland College strongly encourages students and employees to report incidents of discrimination on the basis of sex — including sexual harassment, sexual assault, sexual exploitation, or sex/gender discrimination, dating and domestic violence, related retaliation, or stalking.

Anyone who feels they have been a victim of prohibited conduct is encouraged to bring it to the attention of the Title IX Coordinator.  The Coordinator is empowered to provide supportive measures and academic adjustments to all individuals involved in these situations and to protect the safety of the campus community through these measures.

By filing a report, the information given will allow Midland College to provide those affected by the misconduct with options for continuing their education without discrimination in a safe environment.

You may report without sharing your name by using the electronic form found here:

Discrimination/Sexual Harassment Report Form

Your report will be directly forwarded to the Title IX Coordinator for immediate review. Depending on the amount of information disclosed, the College’s ability to investigate and respond to the report may be limited.

Unsure About Reporting?

Whether an incident occurred recently or in the past, help is still available. Resources are available even if an individual chooses not to file a complaint to Midland College or law enforcement.

FIND CONFIDENTIAL RESOURCES and links to these categories under MC More Information and Resources

According to Midland College Policy (will post link upon approval of new policy) 

Texas law requires any employee of a college or university in Texas to report to the Title IX Coordinator or Deputy Coordinator any information regarding an alleged incident of sexual harassment, sexual assault, dating violence, or stalking, committed by or against a person enrolled at or employed by the institution at the time of the incident. The law requires colleges to terminate employment for employees who fail to report such matters and imposes criminal penalties of up to a year in jail.

The obligation to report applies whenever an employee receives, in the course and scope of employment, information about an alleged incident which reasonably constitutes sexual harassment, sexual assault, dating violence, or stalking committed by or against a person who was a student or employee at the time of the incident. The report must include all information known to the employee which would be relevant to an investigation or redress of the incident, including whether the alleged victim has expressed a desire for confidentiality. A party’s desire for confidentiality does not relieve the employee’s obligation to report.

There are three exceptions to employee reporting:

  1. Employees who are victims of sexual harassment, sexual assault, dating violence, or stalking are not mandatory reports of/for their own incident.
  2. Employees whose institution designates them as “persons with whom students may speak” confidentially. UNLESS, the information they received was conveyed outside of the circumstances rendering the communication confidential or privileged under other law. Due to the Clery Act, reports all relevant information about the incident (except for personally identifiable information about the student) must be made to the Midland College Police Department.
  3. Employees are not required to report information about an incident that is disclosed at a public awareness event on sexual harassment, sexual assault, dating violence, or stalking.

What if the individual asks me not to report the information?

It is recommended that you interrupt a person if you believe that they are about to disclose an incident of discrimination, harassment or related retaliation and advise the individual that you are mandated to report.

Explain that if the individual tells you about an incident of discrimination, sexual harassment (including sexual assault, sexual exploitation, stalking, domestic or dating violence), and/or related retaliation, you must promptly report the incident to the Title IX Coordinator according to Midland College policy and Texas State Law.

If the individual decides not to share anymore information with you, you may encourage the individual to seek medical care and/or counseling. Any information the individual gives to health practitioners in the course of treatment is confidential and no identifiable information will be shared.

Encourage, but not require the individual to make a report to the appropriate law enforcement agency.

An employee’s failure to report alleged or suspected discrimination, harassment, or related retaliation may result in disciplinary action, up to and including loss of employment at Midland College.

What can I tell the individual who is disclosing discrimination or harassment to me about what happens after a report is received?

When the Title IX Coordinator receives a report, we reach out to the affected individual and offer them an opportunity to share their story. At the request of the individual, a formal investigation may be open to pursue possible violation(s) and sanction(s) if necessary. We will offer support options and resources for all individuals involved with the incident.

If no investigation is requested, we offer support options and resources for the affected individual.

Will I get to know details of my report?

When a report is submitted by a mandatory reporter, you will receive an acknowledgment that your report was received.  Information about the investigation and resolution of such reports are protected by FERPA and workplace privacy laws; therefore, unless you are a person with a “need to know” on behalf of Midland College, you will not be advised of the outcome of your report.

A complainant is a person who has allegedly experienced sex/gender-based discrimination, harassment-including sexual harassment or sexual assault, or related retaliation.

Complainant Resources, Rights and Options (pdf)

What types of conduct can I report?

Any violation of civil rights or student misconduct that includes harassment based on a protected class, discrimination based on a protected class, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking and retaliation for reporting or participating in the investigation of any of the above behaviors.

WILL POST A LINK WHEN THE NEW POLICY IS APPROVED lists the following as a protected class:  race, color, national origin, religion, age, or disability.

What is the difference between Process I (civil rights) and Process II (MC conduct code)?

Under Process I the Department of Education-Office of Civil Rights has stated that in order to be considered a violation of civil rights by a reasonable person, the misconduct must be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education activity or program, which includes living or working on campus.

These areas are automatically considered a civil rights violation:

  • Sexual Assault
  • Sexual Exploitation
  • Dating Violence
  • Domestic Violence
  • Stalking

Sometimes, behavior may be inappropriate or unacceptable for some in the Midland College community, but may not reach the standards required by law to be a civil rights violation.

To be sure that this kind of behavior does not go unaddressed, the Title IX Coordinator will move the complaint to Process II in order to investigate for violations of Midland College policy for sanctioning or disciplinary actions of unprofessional or inappropriate conduct.

By reporting misconduct, it will allow Midland College to address the behavior, stop the behavior and ensure that the behavior does not continue.

What is the difference between a criminal investigation and a college investigation?

During a criminal investigation, investigators gather evidence in order to determine whether someone broke the law. If a person is found guilty of breaking a law, a judge assigns criminal penalties (like incarceration or sex offender registration). A Complainant seeking criminal penalties files a report with the relevant law enforcement agency.

Investigations conducted by the Title IX office are considered administrative investigation and are not criminal investigations. During an investigation the assigned investigators gather evidence in order for a determination to be made about whether a federal guideline or college policy have been broken. A Title IX trained Hearing Panel will determine whether or not a violation has occurred. If their determination is “student is responsible for the misconduct” they may assign sanctions that may include probation, suspension or expulsion.

A student is not required to report an issue to law enforcement or the college, but students are encouraged to report to either or both.  However, an interview with both a TIX investigator and MCPD officer may occur even though there is no criminal complaint filed. A criminal investigation and a college investigation may occur concurrently.

Can I report on behalf of someone else? 

Yes. If you witnessed or become aware of a potential civil rights violation that is happening to someone else, you can report it in person, by email, by phone, or report form found here (link back to Get Help Now area). You may file anonymously; however, we need as much information as possible regarding the individual that has been affected by the misconduct in order for the Coordinator to reach out to the individual and offer help and resources.

Is there a time limit for reporting?

Reports of discrimination based on sex or gender, sexual harassment, sexual assault, sexual exploitation, dating violence, and stalking at any time. However, if the alleged Respondent or Complainant has graduated, no longer a student or employee of Midland College the response to the report may be limited.

Are there consequences for making false reports?

Yes. Individuals who intentionally mislead an investigator will be sanctioned according to the Midland College Catalog/Student Handbook under Students Rights and Responsibilities, and shall be subject to appropriate disciplinary action.

Please note that a determination of “not responsible” for the respondent is not evidence of a false report.

What happens after a report is submitted?

Once the Title IX Coordinator receives the report, the report is reviewed. The Coordinator will contact the Complainant or the affected individual (if the report was submitted anonymously and if the information is available on the report) for an intake interview.  The individual will then be given options of how they can proceed with the complaint and what resources are available to them.

What are Supportive Measures?

Going through an investigation as a Complainant or Respondent is very stressful. Midland College can often assist with academic adjustments or interim support by postponing a test, moving your work location, dropping a class after the deadline, moving you to a different section of the same class and more. The Title IX Coordinator will work with your instructors and Pathways Advisor for the academic adjustments.

We can also support you by facilitating a move to another residence hall or by issuing a “No Contact” restriction so that you and the other party do not talk to each other during the investigation.

At your intake interview with the Title IX Coordinator or designee you will be able to discuss the specific requests necessary to enable you to continue your course work for the remainder of the semester. Your request for supportive measures will be considered regardless of whether you choose to continue with the complaint or investigation or decide to withdraw the complaint.

Can I have someone with me during the process?

Complainants are allowed to have an Advisor of their choice at any time they are participating in the investigation process and hearing process (if applicable). Midland College will assign a Title IX trained Advisor, regardless if the Complainant has their own, in the case that the Complainant’s chosen Advisor is not available.

All Title IX trained Advisors are kept abreast of the investigation, required to remain neutral and advise the Respondent during the process if necessary.

If I report about what happened, is there any amnesty or immunity to me for other student conduct violations (underage drinking, drugs, etc.)?

When a report is made in good faith, as a complainant or witness to an incident of discrimination, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, or stalking the college will not take disciplinary action against you for other violations of the Student Conduct Code occurring at or near the time of the incident being reported. This policy will not apply to a student who reports an incident and is found to be responsible or complicit in the commission of discrimination, sexual harassment, sexual assault, dating violence, domestic violence, or stalking.

Where can I get confidential counseling?

Follow this link to choose a counseling resource:

FIND CONFIDENTIAL RESOURCES and links to these categories under "More Information and Resources"


If I want to report on another student, my professor or my boss, can they retaliate against me?

Midland College strictly prohibits retaliation against those who have reported, have been named in a complaint, or participating in a complaint investigation.

Retaliation includes job reprimands, removal from a team or activity, poor grades, negative evaluations, threats, harassment, or other adverse actions.

If someone retaliates against you because you made a report or participated in an investigation, you may file a complaint against them for retaliation.

Will I have to miss work or class in order to come to the interviews or hearings that are scheduled?

When scheduling interviews, meetings or a hearing, the Title IX Coordinator or designee will make every effort to work around your work/school schedule so that there is minimal conflict as possible. If a conflict cannot be avoided, the Title IX Coordinator or designee will provide you with a letter for your supervisor, course instructor or both.

What if I need disability accommodations during the investigation and hearing process?

Please notify the Title IX Coordinator or designee as soon as possible if you would like to request an accommodation due to disability during the investigation process.

NOTE: It is your responsibility to make your need known and to provide any supporting documentation requested to the Title IX Coordinator or designee to support the need for the accommodations.

Can I talk with other people about what is going on?

You are not prohibited from speaking to others about what is going on; however, you should be careful to not engage in conduct that could be perceived as retaliation or third-party retaliation.

Third party retaliation is when you have told someone about the incident and that individual or persons retaliate, participate in retaliation behavior, are complicit in retaliation behavior or instigate retaliation behavior against those involved in the investigation process.

Can I submit evidence during an investigation?

Absolutely. You may provide the Investigator with any information or evidence you wish to have reviewed. The Investigator will gather your evidence and include in the report that is turned into the Title IX Coordinator to determine if it is relevant to the specific case.

Will the other party see my statement?

Yes. Each party will be allowed to review the written report that includes your statement. Each party will then be allowed 10 days to review and respond before the report is handed in to the Title IX Coordinator for further processing.

If you find any error within the report, you must submit this within your written review of the report. If you do not respond in writing or to the investigator regarding the error within the 10-day time frame, the report will be assumed as correct and turned in to the Title IX Coordinator for further processing.

How long does an investigation take?

Midland College makes every effort to complete an investigation within 35-60 business days. However, many factors such as the complexity of the investigation, the availability of witnesses, or availability of the TIX investigation and hearing panel team. The Title IX Coordinator or designee with keep you reasonably notified of delays or you can contact the Title IX Coordinator or designee at any time for a status update.

Will you share this information with my parents?

No, we only share information with parents or others if you have filled out and signed a FERPA waiver allowing us to do so. Midland College’s Title IX investigations are bound by the Family Educational Rights and Privacy Act (FERPA), a federal privacy law, as well as MC privacy policy. However, we are also bound by state child abuse reporting laws which state that if the student is a minor, we are required to notify the proper authorities.

A respondent is a person who is alleged to have committed sex/gender-based discrimination, harassment-including sexual harassment or sexual assault, or related retaliation, or to have acted in complicity with another who has.

All Respondents/Accused are entitled to a fair grievance process that incorporates due process principles, is treated fairly, has an equal opportunity to submit and review evidence throughout the investigation, and is treated with a presumption of innocence throughout the entire process.

What are my rights if I have been accused?

Respondent Resources, Rights and Options (pdf)


What types of misconduct are reported?

Any violation of civil rights or student misconduct that includes harassment based on a protected class, discrimination based on a protected class, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking and retaliation for reporting or participating in the investigation of any of the above behaviors.

Midland College Policies FFDB (Local) for students, and DIAB (Local) for employees, list the following as a protected class:  race, color, national origin, religion, age, or disability.

What is the difference between Process I (civil rights) and Process II (MC conduct code)?

Under Process I the Department of Education-Office of Civil Rights has stated that in order to be considered a violation of civil rights by a reasonable person, the misconduct must be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education activity or program, which includes living or working on campus.

These areas are automatically considered a civil rights violation:

  • Sexual Assault
  • Sexual Exploitation
  • Dating Violence
  • Domestic Violence
  • Stalking

Sometimes, behavior may be inappropriate or unacceptable for some in the Midland College community, but may not reach the standards required by law to be a civil rights violation.

To be sure that this kind of behavior does not go unaddressed, the Title IX Coordinator will move the complaint to Process II in order to investigate for violations of Midland College policy for sanctioning or disciplinary actions of unprofessional or inappropriate conduct.

By reporting misconduct, it will allow Midland College to address the behavior, stop the behavior and ensure that the behavior does not continue.

What is the difference between a criminal investigation and a college investigation?

During a criminal investigation, investigators gather evidence in order to determine whether someone broke the law. If a person is found guilty of breaking a law, a judge assigns criminal penalties (like incarceration or sex offender registration). A Complainant seeking criminal penalties files a report with the relevant law enforcement agency.

Investigations conducted by the Title IX office are considered administrative investigation and are not criminal investigations. During an investigation the assigned investigators gather evidence in order for a determination to be made about whether a federal guideline or college policy have been broken. A Title IX trained Hearing Panel will determine whether or not a violation has occurred. If their determination is “student is responsible for the misconduct” they may assign sanctions that may include probation, suspension or expulsion.

A student is not required to report an issue to law enforcement or the college, but students are encouraged to report to either or both. However, an interview with both a TIX investigator and MCPD officer may occur even though there is no criminal complaint filed. A criminal investigation and a college investigation may occur concurrently.

Is there a time limit for reporting?

Reports of discrimination based on sex or gender, sexual harassment, sexual assault, sexual exploitation, dating violence, and stalking at any time. However, if the alleged Respondent or Complainant has graduated, no longer a student or employee of Midland College the response to the report may be limited.

Are there consequences for making false reports?

Yes. Individuals who intentionally mislead an investigator will be sanctioned according to the Midland College Catalog/Student Handbook under Students Rights and Responsibilities, and shall be subject to appropriate disciplinary action.

Please note that a determination of “not responsible” for the respondent is not evidence of a false report.

If I tell what happened during the alleged incident, is there any amnesty or immunity available to me for other student conduct violations (underage drinking, drugs, etc.)?

When a report is made in good faith, as a complainant or witness to an incident of discrimination, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, or stalking the college will not take disciplinary action against you for other violations of the code of conduct occurring at or near the time of the incident being reported. This policy will not apply to a student who reports an incident and is found to be responsible or complicit in the commission of discrimination, sexual harassment, sexual assault, dating violence, domestic violence, or stalking.

Midland College does not have an amnesty/immunity policy for employees. All employees are required to fully participate in an investigation.

I don’t want to talk to an investigator.  Do I have to participate in the investigation?

A student Respondent must appear at the time and date assigned for the intake and investigation interview and the hearing, if applicable. Students must identify themselves, but may decline to answer some or all of the questions.

The fact that a student refused to participate will not be used as evidence against that student. However, the Title IX Coordinator or Investigator cannot consider your side of the story if they do not have your information.

Respondents are allowed to have an Advisor of their choice at anytime they are participating in the investigation process and hearing process (if applicable). Midland College will assign a Title IX trained Advisor, regardless if the Respondent has their own, in the case that the Respondent’s Advisor is not available.

All Title IX trained Advisors are kept abreast of the investigation, required to remain neutral and advise the Respondent during the process if necessary.

All employees are required to fully participate in College investigations. Failure to participate may lead to disciplinary action as recommended by law.

What if there is an ongoing criminal investigation? Do I have to participate in the College’s investigation?

A student who is a defendant in a criminal proceeding should carefully consider whether they should participate in a college investigation. While Midland College makes every effort to keep our investigation records private, they will be released in response to a legal subpoena.

A student Respondent must appear at the time and date assigned for the investigation interview and the hearing, if applicable. Students must identify themselves, but may decline to answer some or all of the questions.

The fact that a student refused to participate will not be used as evidence against that student. However, the Title IX Coordinator or assigned investigator cannot consider your side of the story if they do not have that evidence.

All employees are required to fully participate in an investigation.

Can I file a cross-complaint against the person that complained about me?

Yes, you can make a report here:

Discrimination/Sexual Harassment Report Form

I am a student Respondent and I want to transfer to a different college or university during the investigation of the allegations against me. Will I be able to send my transcript?

In cases where suspension or expulsion are possible sanctions, there will be a “hold” on your records that include, reenrollment at Midland College and the transfer of your Midland College records until the investigation or disciplinary proceeding is complete.

I am a student Respondent. If I am found responsible for a policy violation, will there be something on my permanent transcript?

If found responsible for policy violations that may cause expulsion from Midland College regarding sexual misconduct, your transcript will note “non-academic disciplinary dismissal”.

Students who has been suspended or expelled from Midland College for disciplinary reasons will not be permitted on the campus or other facilities of the College, initiated into an honorary or service organization, or permitted to receive credit for academic work done in residence or by correspondence or extension during the period of suspension or expulsion without prior written approval of the College President or designee.

I am a student Respondent.  If I am found responsible for a policy violation, will I lose my scholarships/financial aid?

If found responsible for violations that may cause suspension or expulsion from Midland College regarding sexual misconduct may cause the loss of your scholarship and/or financial aid at the college.

What are Supportive Measures?

Going through an investigation as a Complainant or Respondent is very stressful. Midland College can often assist with academic adjustments or interim support by postponing a test, moving your work location, withdrawing from a class after the deadline, moving you to a different section of the same class and more. The Title IX Coordinator will work with your instructors and Pathways Advisor for help with the academic adjustments in order to keep you on track.

We can also support you by facilitating a move to another residence hall or by issuing a “No Contact” restriction so that you and the other party do not talk to each other during the investigation.

At your intake interview with the Title IX Coordinator or designee you will be able to discuss the specific requests necessary to enable you to continue your course work for the remainder of the semester. Your request for supportive measures will be considered regardless of whether the complaint has been withdrawn or remains in progress.

Will I have to miss work or class in order to come to the interviews or hearings that are scheduled?

When scheduling interviews, meetings or a hearing, the Title IX Coordinator or designee will make every effort to work around your work/school schedule so that there is minimal conflict as possible. If a conflict cannot be avoided, the Title IX Coordinator or designee will provide you with a letter for your supervisor, course instructor or both.

Where can I get counseling or other support services?

FIND CONFIDENTIAL RESOURCES and links to these categories under "More Information and Resources"


What if I need disability accommodations during the investigation and hearing process?

Please notify the Title IX Coordinator or designee as soon as possible if you would like to request an accommodation due to disability during the investigation process.

NOTE:  It is your responsibility to make your need known and to provide any supporting documentation requested to the Title IX Coordinator or designee to support the need for the accommodations.

Can I talk with other people about what is going on?

You are not prohibited from speaking to others about what is going on; however, you should be careful to not engage in conduct that could be perceived as retaliation or third-party retaliation.

Third party retaliation is when you have told someone about the incident and that individual or persons retaliate, participate in retaliation behavior, are complicit in retaliation behavior or instigate retaliation behavior against those involved in the investigation process.

Can I submit evidence during an investigation?

Absolutely.  You may provide the Investigator with any information or evidence you wish to have reviewed. The Investigator will gather your evidence and include in the report that is turned into the Title IX Coordinator to determine if it is relevant to the specific case.

Will the other party see my statement?

Yes. Each party will be allowed to review the written report that includes your statement. Each party will then be allowed 10 days to review and respond before the report is handed in to the Title IX Coordinator for further processing.

If you find any error within the report, you must submit this within your written review of the report. If you do not respond in writing or to the investigator regarding the error within the 10-day time frame, the report will be assumed as correct and turned in to the Title IX Coordinator for further processing.

How long does an investigation take?

Midland College makes every effort to complete an investigation within 35-60 business days. However, many factors such as the complexity of the investigation, the availability of witnesses, or availability of the TIX investigation and hearing panel team. The Title IX Coordinator or designee with keep you reasonably notified of delays or you can contact the Title IX Coordinator or designee at any time for a status update.

Will you share this information with my parents?

No, we only share information with parents or others if you have filled out and signed a FERPA waiver allowing us to do so. Midland College’s Title IX investigations are bound by the Family Educational Rights and Privacy Act (FERPA), a federal privacy law, as well as MC privacy policy. However, we are also bound by state child abuse reporting laws which state that if the student is a minor, we are required to notify the proper authorities.

Often times parents want to know what the rights of their students are as either a Complainant or a Respondent.  Parents can choose to review either the Complainant or Respondent information about what is available for their student.

In addition to the Complainant or Respondent information, we have added some additional parent information regarding their student if he/she should become involved in a Title IX complaint.

My child doesn’t want to report being sexually harassed by another student.  Can I file the report for them?

Yes. Midland College recommends obtaining consent from your child prior to reporting, but it is not required.

If you witnessed or are aware of discrimination or harassment (including sexual violence) based on sex that is happening to someone else, you can report it to the Title IX Coordinator. The Title IX Coordinator will take your statement and then reach out to the person being impacted and offer help and resources. 

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu

Please note that the College’s response will likely be limited if the student does not want to participate in the investigation and resolution process.

What if my student is concerned about retaliation?

Midland College has a policy preventing retaliation against anyone reporting or participating in an investigation of Title IX or MC Policy violation. If you feel like you or your student are being retaliated against for making a report, you can contact the Title IX Coordinator or designee to report the retaliation.

The Title IX Coordinator or designee can also offer supportive measures to impacted individuals. Some examples are:

  • Adjustment of course schedule (different section of the same class that may be taught by a different instructor)
  • Issue a “No Contact” restriction to both the Complainant and the Respondent
  • Offer to move the student to a different residence hall or room so that they do not have daily contact with the other party 

What is the difference between Process I (civil rights) and Process II (MC conduct code)?

Under Process I the Department of Education-Office of Civil Rights has stated that in order to be considered a violation of civil rights by a reasonable person, the misconduct must be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education activity or program, which includes living or working on campus.

These areas are automatically considered a civil rights violation:

  • Sexual Assault
  • Sexual Exploitation
  • Dating Violence
  • Domestic Violence
  • Stalking

Sometimes, behavior may be inappropriate or unacceptable for some in the Midland College community, but may not reach the standards required by law to be a civil rights violation.

To be sure that this kind of behavior does not go unaddressed, the Title IX Coordinator will move the complaint to Process II in order to investigate for violations of Midland College policy for sanctioning or disciplinary actions of unprofessional or inappropriate conduct.

By reporting misconduct, it will allow Midland College to address the behavior, stop the behavior and ensure that the behavior does not continue.

Is there a time limit for reporting?

Reports of discrimination based on sex or gender, sexual harassment, sexual assault, sexual exploitation, dating violence, and stalking at any time. However, if the alleged Respondent or Complainant has graduated, no longer a student or employee of Midland College the response to the report may be limited.

Are there consequences for making false reports?

Yes. Individuals who intentionally mislead an investigator will be sanctioned according to the Midland College Catalog/Student Handbook under Students Rights and Responsibilities, and shall be subject to appropriate disciplinary action. APPROVAL -- shall be subject to appropriate disciplinary action.

Please note that a determination of “not responsible” for the respondent is not evidence of a false report.

Why can’t you talk to me about my student’s case?

A student’s privacy is protected by the Family Educational Rights and Privacy Act (FERPA). FERPA prevents colleges and universities from discussing a student’s educational record with anyone other than the student unless a waiver is signed giving the College official permission to speak with others.

Students wishing to waive their FERPA Rights may obtain a waiver from the Title IX Coordinator or designee in order for them to speak with a parent regarding their case. If a FERPA waiver has already been signed, it is general practice to speak with the student prior to speaking with the parent.

Can I hire an attorney for my student?

Yes. Anyone who goes through this process is entitled to have an advisor present with them at all times. A Title IX Trained Advisor is automatically assigned to the case in the event that the student’s chosen Advisor is unable to attend or decides they no longer want to participate in the process.

The role of the Advisor is to provide support as well as guidance and advice. The role of Advisor is to observe only and may not speak for the student or ask questions for the student. An Advisor can advise the student on what to say and what questions to ask prior to interactions with the Title IX Coordinator or Investigator.

The advisor cannot be called as a witness once they have assumed the role of advisor because it would allow the witness to adjust their evidence to line up with evidence submitted by the party.

Please note that the Title IX Coordinator or designee reserves the right to remove an advisor if they become disruptive in our process.

The Complainant and Respondent are allowed to have any advisor of their choice. This advisor can be a parent, friend, pastor, lawyer, grandparent, etc. A Title IX Trained Advisor is automatically assigned to the case in the event the student’s chose Advisor is unable to attend or decides they no longer want to participate in the process.

We recommend that you allow your student to decide who their advisor will be. Some students do not wish to have a parent serve as an Advisor, the student does not feel comfortable answering difficult or embarrassing questions in front of a parent. And some parents may have difficulty understanding the questions or hearing the answers provided by their student in some cases.

How can I support my child through this process?

The best ways to support a child involved in a Title IX complaint is to be available to them: listen, acknowledge that this is a difficult situation, and be non-judgmental. Stay connected and check in frequently. You should also encourage your child to talk to people who can help guide them through the process. You can also direct your child to our resources page, where information can be found about counseling, medical care, and advocacy.

What if my student needs disability accommodations during the investigation and resolution process?

Please ask your student to notify their case manager as soon as possible. 

Please note that it is your student’s responsibility to make their need known and to provide any supporting documentation requested by the case manager to support the need for the accommodations.

For more information regarding your student’s rights in the process, refer to the Complainant Information or Respondent Information areas (above).

Process Overview – The Investigation Process

The Title IX Coordinator is responsible for investigating allegations of prohibited conduct in order to protect students, faculty and staff from all forms of sex discrimination.

What does the investigation and resolution process look like?  Review the step-by-step flow chart below to understand more about our process. You can also download the investigation process flow chart (.pdf), or the written outline of the flow chart diagram (.pdf).

Stages of the Investigation

You can read summary descriptions of the stages of our process:  intake, investigation, and decision. For more complete information about our process, download the written outline of the flow chart diagrams (above).

STAGE 1: Intake/Initial Assessment

When an allegation of discrimination, harassment, sexual harassment, sexual assault, dating violence, domestic violence or stalking is received, the Title IX Coordinator will invite the Complainant in for an Intake meeting. At the meeting, the Complainant will be able to voice concerns and receive information on rights, resources, and options.

If the Complainant requests a resolution of the allegations against the Respondent be of disciplinary nature, the Title IX Coordinator will proceed with an investigation. At this time the Respondent will be notified of the complaint and invited for an Intake meeting with the Title IX Coordinator in order to voice concerns and receive information on rights, resources and options.

STAGE 2: Investigation

The Title IX Coordinator will assign two Title IX trained investigators who are considered “fact finders” only. The job of the investigators is to find facts and evidence only when speaking with all parties involved with a complaint. Investigators do not decide on disciplinary actions or sanctions. 

The investigators will interview in depth, the Complainant(s), Respondent(s), and Witnesses. The investigator is also responsible for collecting any relevant documentation, electronic evidence, or other evidence related to the allegations.

Once the investigation is complete, the investigator prepares a draft report and returned to the Title IX Coordinator. Each party will be allowed to read the report and review all evidence; after the review of the report and evidence, each party will have 10 days to respond, in writing to the written report and evidence. Parties may respond to the draft report and point out any errors or omissions. The response, if any, will be attached to the report as an exhibit.

The investigators may be asked to reopen the investigation, if necessary, and then draft a final report and forward to the Title IX Coordinator who will then determine the following:

  • If the allegations of misconduct were so severe, pervasive and objectively offensive to the Complainant(s) that they were unable to participate in or attempt to participate in an educational program or activity (includes employees and work space) the complaint will move forward with Process I (civil rights violation)
  • If the allegations of the misconduct do not fall under the aforementioned guidelines, then the complaint will proceed with Process II (Midland College conduct violation)

STAGE 3: Hearing

After a thorough and fair investigation process, the investigation report will be sent to the Title IX Coordinator for review prior to being sent to the Hearing Panel. The Title IX Coordinator will inform all Parties and their Advisors of the date and time for the Hearing.

STAGE 4:  Decision and Sanction

After the hearing, the Hearing Panel will make the decision of Responsible or Not Responsible. If found Responsible, the Hearing Panel will also give sanctions to the Respondent.

STAGE 5:  Appeal

Either Party is allowed to appeal the determination of the Hearing Panel by filing an Appeals Form with the Title IX Coordinator.  However, an appeal is not guaranteed.

The Midland College Title IX Coordinator (Lead), Deputy Title IX Coordinator and Dean of Student Life have all received training from Association of Title IX Administrators - ATIXA.

The links below will guide you to the proprietary training materials used during the education, training and certifications earned by these individuals.

ATIXA Training Materials

Education, Training and Certification

ATIXA Training/
Certification
Dean of
Student Life
Title IX
Coordinator
Deputy
Coordinator
 Title IX Coordinator I    1/23/2018  
 Title IX & Athletics    6/3/2018  
 Civil Rights Investigator I    11/16/2018  11/16/2018
 Civil Rights Investigator II    11/15/2019;
 7/27/2020
 11/15/2019
 Regulations Implementation    6/16/2020  
 504 Coordinator    1/22/2018  
 Title IX Hearing Officer & Decision-Maker  6/19/2020    

 

Director of Human Resources – Title IX Coordinator

 

Prohibited Conduct

Sexual Misconduct is a broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and any other misconduct based on sex. While sexual orientation and gender identity are not explicitly protected categories under state or federal law, it is the College’s policy not to discriminate in employment, admission, or use of programs, activities, facilities, or services on this basis. Discriminatory behavior is prohibited regardless of the manner in which it is exhibited, whether verbally, in writing, by actions, or electronically displayed or conveyed.

Midland College Policies & Resources

When sexual harassment or sexual violence has occurred and is brought to the attention of a Title IX official, Midland College will take steps to end the harassment or violence, prevent its re-occurrence and address its effects.  For more information, view the sexual and gender-based misconduct policy (here for Students) or (here for Personnel) on the TASB website.

Additional support for those who have encountered a sexual or gender-based misconduct is available through the resources listed below, or in these MC publications.

What to Do About Sexual Violence (pdf)     Defining Sexual Harassment (pdf)


All College faculty members, staff members, and administrators, except those working in a confidential capacity (e.g., licensed professional counselor, rape crisis advocates, medical providers, and clergy) who learn of suspected instances of discrimination, harassment or gender-based misconduct, directly or indirectly, have a duty to refer the information immediately to the Title IX Coordinator.

Report a Sexual or Gender-based Misconduct Incident

Use this link to our online reporting system, to file a complaint:

Discrimination/Sexual Harassment Complaint Form

 

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