Title IX requires that “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…” As such, Title IX of the Education Amendments of 1972 prohibits discrimination based on the gender of students and employees of educational institutions that receive federal financial assistance. Texas Southmost College (“TSC” or “the College”) is governed by Title IX.
The Title IX Coordinator at TSC is:
Judge Felix Recio, Retired
80 Fort Brown, Tandy 105
Brownsville, TX 78520
Phone: (956) 295-3771
Fax: (956) 948-9459
WHO IS COVERED BY TITLE IX?
All educational institutions that receive federal financial assistance are affirmatively required to adhere to Title IX regulations. Even if only one of the institution’s programs or activities receives federal funding, all of the programs within the institution must comply with Title IX regulations.
FACTS ABOUT TITLE IX
Title IX regulations prohibit sex discrimination in regards to all programs, including:
- Course offerings, classroom access, grading, and other academics
- Student counseling and academic support
- Hiring and retention of employees (staff, faculty, and administration)
- Job related benefits and leave
In addition to sex discrimination, Title IX also prohibits sexual misconduct (which includes sexual harassment, gender harassment, and sexual violence). Additional information regarding what behaviors may constitute sexual harassment and other forms of sexual misconduct is available in TSC’s Title IX Policy located on its website and student handbook.
Title IX serves to protect the rights of men and women. Title IX requires that males and females receive fair and equal treatment in all educational and employment areas.
Title IX also protects individuals who report sex discrimination and sexual misconduct from retaliation by individuals or by institutions. The reporting of incidents of discrimination is integral to the effective enforcement of Title IX law. Therefore, the protection of complainants, as well as the accused, is important. Retaliation against any individual who reports or makes a complaint about a Title IX violation will not be tolerated at TSC. The College will impose appropriate corrective action against any individual found to have engaged in acts or threats of retaliation.
COMPLIANCE WITH TITLE IX – WHO IS RESPONSIBLE?
Certain employees of the College are required to report instances of alleged violations of Title IX. Without exception, if an employee is not sure if a situation warrants reporting, he/she must seek guidance from the Title IX Coordinator. It is essential that institutions receiving federal financial assistance operate in a nondiscriminatory manner. To ensure the College’s compliance with the law, adherence to Title IX regulations is everyone’s responsibility. The penalty for failure to comply with Title IX, in the most extreme circumstances, can include the termination of all or part of an institution’s federal funding including grants and student loans. It can also result in the termination of a College employee or the dismissal of a student.
REPORTING COMPLAINTS UNDER TITLE IX
Any member of the TSC community who believes he/she has been the victim of sex discrimination, sexual misconduct, or who has witnessed such conduct, should report such misconduct or file an informal or formal complaint with the College’s Title IX Coordinator. 1
Students who believe they have been or, are victims of sex discrimination or sexual harassment, including sexual assault or sexual violence on or off campus, whether by College employees, contracted services employees, other students or non-community members, are encouraged to request immediate personal support and assistance from any member of the Office of Student Services or the Title IX Coordinator. Student complaints against other students concerning sexual assault, sexual violence or other sexual misconduct may be made on an informal or formal basis with the College’s Title IX Coordinator or with TSC Security. All complaints filed with or received by the TSC Security will be forwarded to the Title IX Coordinator, who will direct that an appropriate investigation be conducted.
Employees who believe they are being harassed or discriminated against on account of their gender should promptly make a report to the Title IX Coordinator, to his/her supervisor, to the Chief Human Resources Officer; the campus President; or the Vice President of Student Services. All reports made to the employee’s supervisor, campus President, Vice President of Student Services or TSC Security must, in turn, be immediately forwarded to the Title IX Coordinator.
Why should you report? The information will be used so that TSC may strengthen education and prevention efforts related to sexual assault, dating violence and domestic violence. Statistical data also will be collected from the information provided. Survivors may also use the form to request support.
*Reporters and survivors may remain anonymous. The report form need not include the name of the survivor or the accused, unless the survivor or reporter chooses to include them. Filing an anonymous report will ensure that information is recorded in the event the survivor would like to file a complaint at a later date. Survivors are encouraged to include their initials, in the event they would like to later file a formal complaint, although this is not required. Filing an anonymous report will not result in a police investigation. An anonymous report can be filed using the following link http://www.tsc.edu/index.php/about/campus-security/anonymous-sexual-assault-reporting.html
For additional campus safety information, visit our web site at tsc.edu/index.php/about/campus-security/sexual-assault-information.html
- TSC will utilize its best efforts to protect all College community members from sex discrimination, gender-based harassment, sexual harassment, sexual assault, and sexual violence.
- TSC will take affirmative and corrective action whenever it becomes aware of possible sex discrimination, sexual assault, sexual violence or other sexual misconduct within the College community, whether or not a complaint has been made.
- In order to meet its Title IX obligations and to the extent possible, every effort will be made to keep the details of complaints confidential if requested to do so by a victim of sexual misconduct and to follow the College’s procedures for conducting an investigation and recommendations. However, the College’s ability to strictly observe confidentiality may be compromised where the safety of members of the community is judged to be at risk.
- The safety and security of all members of the College community is a priority matter.
- The internal investigation of a complaint will be conducted, and a decision rendered, no matter the timeline or outcome of case adjudication by external authorities.
WHAT FEDERAL AGENCY ENFORCES TITLE IX?
The United States Department of Education’s Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information regarding OCR can be found at www.ed.gov/about/offices/list/ocr/index.html.
1 While there is no required format for making a report, any member of the TSC community may use the online reporting system or can contact the Title IX Coordinator for assistance. Any victim of sexual misconduct who would prefer to speak with someone and have the form completed on his/her behalf should contact the Title IX Coordinator.