Title IX/SIM ETBU

 

Christus Good Shepherd Medical Center-Marshall
811 S Washington Ave.
Marshall, TX 75670
903.927.6000

Christus Good Shepherd Medical Center-Longview
700 East Marshall Ave.
Longview, TX 75601
903.315.2000

Christus Highland Medical Center
1453 East Bert Kouns Industrial Loop
Shreveport, LA 71105
318.681.4500

Longview Regional Medical Center
2901 N Fourth Street
Longview, TX 75605
903.758.1818

Willis-Knighton Medical Center
2600 Greenwood Road
Shreveport, LA 71103
318.212.4000

 

East Texas Crisis Center
24 Hour Hotline: 903.595.5591 | 1.800.333.0358
2401 Old Noonday Rd
Tyler TX 75701
903.509.2526

Women’s Center of East Texas-Marshall
2109 Victory Dr.
Marshall, TX 75672
903.934.9661
800.441.5555

Women’s Center of East Texas-Longview
1415 McCann Rd.
Longview, TX 78601
903.295.7526
800.441.5555

 

Students can access confidential resources on campus through:

East Texas Baptist University Counseling Care Center
903.923.2360 (to schedule an appointment or speak with a staff member)
Jarrett Library, Counseling Center

Hours of Operation: 8:00 a.m. - 5:00 p.m. | Monday-Friday 

In case of a crisis, an individual may visit the Counseling Care Center during regular office hours. A counselor is on call after regular office hours and on weekends and can be reached by calling 254.710.2467. Students are advised to contact other available mental health resources when the Counseling Center is closed during academic breaks.

In Marshall: If a student is having a psychological crisis and needs assistance, call 911 or a local hospital.

Sisk Health Services Clinic
90.923.2355 (to schedule an appointment)
Bennett Student Commons, Sisk Health Services Clinic

Hours of Operation: 8:00 a.m. - 5:00 p.m. | Monday-Friday
Appointment Times: 8:30-11:30 a.m. & 1:00-4:0 p.m. | Monday-Thursday, 8:30-11:30 a.m. | Friday

The Sisk Health Services Clinic is centrally located on campus in the Bennett Student Commons and serves as a Primary Care Ambulatory Clinic that provides medical services and treatments. Office visits are FREE, and services provided are affordable and priced at cost. Please feel free to call the clinic with additional questions or to make an appointment. We are here to serve the ETBU community with medical expertise, compassion, and kind-heartedness.

Policy Overview

East Texas Baptist University is committed to providing a safe and non-discriminatory learning, living, and working environment for all members of the University community.

East Texas Baptist University does not unlawfully discriminate on the basis of sex in any of its education or employment programs and activities, and it does not tolerate unlawful discrimination or harassment on the basis of sex. This Sexual and Interpersonal Misconduct (SIM) policy prohibits: 1) sexual harassment as defined by Title IX (Title IX Sexual Harassment); and 2) certain other forms of sexual and interpersonal misconduct not covered by Title IX (e.g., certain types of sexual and gender-based harassment, sexual assault, sexual exploitation, stalking, intimate partner violence, retaliation, and complicity (Non-Title IX Misconduct), collectively referred to in the SIM policy as Prohibited Conduct. These forms of Prohibited Conduct are harmful to the well-being of our community and its members, the learning and working environment, and collegial relationships among our students, faculty, and staff.

The University will comply with Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in the University's programs and activities; and Title IX regulations issued in May 2020; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA); Title VII of the Civil Rights Act of 1964; Chapter 21 of the Texas Labor Code; Chapter 40, Section 819 of the Texas Administrative Code; pertinent provisions of the Texas Education Code, and other applicable law.

This policy sets forth the procedures that will be used to investigate and respond to reports of Prohibited Conduct. The University will respond to reports about Prohibited Conduct with measures designed to eliminate the conduct, prevent its recurrence, and remedy any adverse effects of the conduct on individuals, members of the campus community, or University-related programs or activities. In addition, the University may implement supportive measures that are designed to restore or preserve equal access to University programs and activities and protect individual and campus safety.

While East Texas Baptist University encourages students to abide by the University’s Sexuality and Gender Statement, the University recognizes that each student will make independent decisions about their own conduct. The University expects students to reflect Christ-like character, conducting themselves in a manner consistent with biblical principles.  

Scope 

This policy governs the conduct of East Texas Baptist University students, regardless of enrollment status, faculty, staff, and third parties (i.e., non-members of the University community, such as vendors, alumni/ae, and visitors).

Third parties are both protected by and subject to certain provisions of this policy for allegations constituting Title IX Sexual Harassment. In such cases, a third party may report potential policy violations committed by a member of the University community, and the University will take appropriate steps to investigate and respond to the conduct consistent with the authority granted by the University's jurisdiction, if any, over the respondent. A third party who is accused of violating the SIM policy may be permanently barred from areas and/or activities controlled by the University or be subject to other restrictions for failing to comply with this policy, and may not be granted the full rights and processes afforded to the East Texas Baptist community members through the provisions of this policy.

Various procedures provided in this policy may be used to address Prohibited Conduct that occurs:

• on campus or University property;
• in the context of any University-related or sponsored education program or activity, regardless of the location (including travel, research, or internship programs);
• by an ETBU student, regardless of location, under the Student Conduct Code;
• by an ETBU employee, regardless of location;
• through the use of University-owned or provided technology resources; or
• when the conduct has a nexus to the University, such as continuing adverse effects or the creation or continuation of a hostile environment on campus.

Read the Full Policy here.

Title IX Coordinator

Mrs. Tara Bachtel
Vice President for Human Resources
903.923.2119 | tbachtel@etbu.edu
Third floor, Marshall Hall

Title IX/SIM Team

Mrs. Desirae Bradley
Director of Residence Life
903.923.2321 | desiraeb@etbu.edu
Ornelas Student Center, Student Engagement Office

Dr. Daniele Brock
Dean of Student Engagement
903.923.2164 | dbrock@etbu.edu
Ornelas Student Center, Student Engagement Office

Dr. Scott Bryant
Vice President for Executive Affairs
903.923.2069 | sbryant@etbu.edu
Marshall Hall, Fourth floor

Dr. Jennifer Hoover
Assistant Professor
903.923.2087 | jhoover@etbu.edu
Scarborough Hall, Third floor

Dr. Jeremy Johnston
Vice President for External Relations
903.923.2010 |  jjohnston@etbu.edu
Marshall Hall, Fourth floor

Dr. Bryan Mead
Assistant Provost for Adult and Graduate Studies
903.923.2229 | bmead@etbu.edu
Marshall Hall, Academic Success Office

Mr. Larry Northcutt
Assistant Vice President for University Safety and Compliance
903.923.2117 |  lnorthcutt@etbu.edu
Marshall Hall, Room 106

Mrs. Klaire Smith
Assistant Professor
903.923.2170 | ksmith@etbu.edu
Scarborough Hall, Room 111

The following definitions clarify key terminology as used throughout the Title IX/Sexual and Interpersonal Misconduct (SIM) Policy and apply to both Title IX Sexual Harassment and Non-Title IX Sexual Misconduct.

Consent is the voluntary, informed, and freely given agreement, through words and/or actions, to participate in mutually agreed-upon acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate.

In evaluating whether consent has been freely sought and given, the University will consider the presence of any force, threat of force, threats, or coercion; whether the complainant had the capacity to give consent; and, whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances and with similar identities) as a willingness to engage in a particular act.

Coercion is the use of an unreasonable amount of pressure to engage in sexual activity. Coercion is more than an effort to persuade, entice, or attract another person to engage in sexual contact. When a person makes clear that they do not wish to participate in a particular activity or communicates by words or actions a decision to stop or a decision not to go beyond a certain interaction, continued pressure can be coercive. 

Consent cannot be obtained through physical force or where there is a reasonable belief of the threat of physical force, when one person overcomes the physical limitations of another person, or by taking advantage of another person's incapacitation.

Important points regarding the totality of the circumstances concerning consent include:

• Consent to one act does not automatically constitute consent to another act.
• Consent on a prior occasion does not automatically constitute consent on a subsequent occasion.
• Consent to an act with one person does not constitute consent to an act with any other person.
• The existence of a prior or current relationship does not, in itself, constitute consent; even in the context of a relationship, there must be mutual consent.
• Consent should not be inferred merely from silence, passivity, or lack of resistance.
• Communication is essential to understanding whether consent is present during the progression and/or regression of an intimate interaction.
• Once consent has been established, a person who changes his or her mind should communicate the withdrawal of consent through words or actions.
• Consent can be withdrawn or modified at any time, and the act must cease immediately once consent is withdrawn.

Under Texas law, individuals younger than 17 years of age are legally incapable of giving consent to sexual penetration or contact by an adult (someone 18 years of age or older) who is three or more years older.

Incapacitation: Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the activity is occurring. In addition, an individual is incapacitated if they demonstrate that they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in an act.

The use of alcohol or other drugs can lower inhibitions and create an atmosphere of confusion about whether consent is effectively sought and freely given. Alcohol and other drugs impact each individual differently and determining whether an individual is incapacitated requires an individualized assessment. 

Under Department of Education regulations (see 34 C.F.R., Part 106) issued in 2020 to implement Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., the University is required to prohibit certain forms of sexual harassment as defined in those regulations. Title IX Sexual Harassment is Prohibited Conduct of the following types committed by or against Students and/or Employees in an education program or activity of the University, in the United States:

Prohibited Conduct meets the definition of Title IX Sexual Harassment when:

• An Employee conditions the provision of an aid, a benefit, or a service on another Employee's or a Student's participation in unwelcome sexual conduct (i.e., Quid Pro Quo sexual harassment); or
• A Student, Employee, or Third Party (to the extent applicable) engages in unwelcome conduct on the basis of sex that would be determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies another person equal access to the University's programs or activities; or
• A Student, Employee, or Third Party engages in Sexual Assault, Domestic Violence, Dating Violence, or Sexual and/or Gender-based Stalking as defined  below; and

 - The alleged conduct was perpetrated against a person in the United States; and

 - The conduct took place within the University's programs and activities. 

Conduct takes place within the "University's programs and activities" when that conduct occurs:

1. in a location, at an event, or in circumstances where the University exercises substantial control over both the respondent and the context in which the conduct occurs; or
2. in any building owned or controlled by a student organization recognized by the University. Events that occur off campus or in locations with no connection to the University are unlikely to be considered a University program or activity.

Conduct that does not meet the parameters above to constitute Title IX Sexual Harassment is still prohibited by this policy if it otherwise constitutes Prohibited Conduct as further defined below.

The following Prohibited Conduct definitions apply for purposes of the definition of Title IX Sexual Harassment.

Title IX Quid Pro Quo Sexual Harassment is conduct on the basis of sex by which an employee of the University conditions the provision of an aid, benefit, or service of the University on a student's or employee's participation in unwelcome sexual contact.

Title IX Severe, Pervasive and Objectively Offensive Sexual Harassment is conduct on the basis of sex that constitutes unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that is effectively denies a student or employee equal access to the University's education program or activity.

Title IX Sexual Assault includes rape, fondling without consent, incest or statutory rape, defined as follows:

• Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral genital contact of another person without consent.
• Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without consent.
• Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory rape is sexual intercourse with a person who is under the statutory age of consent. Under Texas law, individuals younger than 17 years of age are legally incapable of giving consent to sexual penetration of contact by an adult (someone 18 years of age or older) who is three or more years older than the individual.

Title IX Domestic Violence is conduct that constitutes a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the complainant; by a person with whom the complainant shares a child in common; by a person who is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner; by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth complainant who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Title IX Dating Violence is conduct that constitutes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the parties' statements and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence includes, but is not limited to, sexual and physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Title IX Stalking for purposes of the Title IX Sexual Harassment definition is conduct on the basis of sex that constitutes a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or suffer substantial emotional distress.

Non-Title IX Sexual Assault is sexual assault (i.e., rape, fondling, incest or statutory rape) as defined in the Title IX Sexual Assault definition above that did not reportedly occur in a program or activity of the University in the United States.

Non-Consensual Sexual Contact is any intentional touching of a person's breast(s), buttock(s), groin, genitals, or other intimate parts without consent. Touching may be over or under clothing and may include the respondent touching the complainant, the respondent making the complainant touch the respondent or another person, or the respondent making the complainant touch the complainant's own body.

Sexual Harassment is any unwelcome sexual advance, request for sexual favors, and/or other unwelcome, verbal or physical conduct of a sexual nature when one of the conditions outlined in (a), (b), or (c), below, is present.

Gender-Based Harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve contact of a sexual nature, when one of the conditions outlined in (a), (b), or (c), below, is present.

(a) Submission to, or rejection of, such conduct is made implicitly or explicitly a term or condition of a person’s instruction, academic standing, employment, or participation in any University program, activity, or benefit, but which does not fit within the definition of Title IX Quid Pro Quo.

(b) Submission to, or rejection of, such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions, in circumstances that do not fit within the definition of Title IX Quid Pro Quo.

(c) Such conduct creates a hostile environment. Under Texas Education Code §51.281(4) a hostile environment exists:

• in the employment context, when it unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive work environment; or
• in the education context, when it is sufficiently severe, persistent, or pervasive that the conduct interferes with a student's ability to participate in or benefit from the University's educational programs or activities.

Sexual Exploitation is any act where one person violates the sexual privacy of another or takes unjust or abusive sexual advantage of another, but that does not fall within the definition of Title IX Sexual Harassment. Sexual exploitation may include:

• surreptitiously observing another individual's nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
• recording, photographing, transmitting, showing, viewing, streaming, or distributing intimate or sexual images, audio recordings, or sexual information without the knowledge and consent of all parties involved; 
• providing alcohol or drugs to a complainant with the intent to facilitate Prohibited Conduct; or
• exposing one's genitals or inducing another to expose their own genitals in non-consensual circumstances.

Non-Title IX Domestic Violence is domestic violence as defined in the Title IX Domestic Violence definition above that did not reportedly occur in a program or activity of the University in the United States.

Non-Title IX Dating Violence is dating violence as defined in the Title IX Dating Violence definition above that did not reportedly occur in a program or activity of the University in the United States.

Non-Title IX Stalking is stalking as defined in the Title IX Stalking definition above that did not reportedly occur in a program or activity of the University in the United States, or that otherwise fits within the definition of stalking but does not fall within the Title IX Stalking definition because the reported conduct is not directed at the alleged victim on the basis of sex.

Retaliation means intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations for this policy, 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 regarding Prohibited Conduct (including both Title IX Sexual Harassment and Non-Title IX Misconduct). 

Concerns or questions about retaliation should be immediately reported to the University's Title IX Coordinator. 

Complicity is any act that knowingly aids, facilitates, promotes, or encourages the commission of Prohibited Conduct by another person.

Upon receipt of a report of Prohibited Conduct under the Title IX/Sexual and Interpersonal Misconduct (SIM) Policy, the University will consult initially with the complainant and provide reasonable and appropriate interim and/or supportive measures designed to preserve the parties' educational experiences; protect the parties during an investigation; address safety concerns for the broader University community; maintain the integrity of the investigative and/or resolution process; and/or deter retaliation. At the appropriate time, the University will also consult with the respondent regarding interim and/or supportive measures.

Interim and/or supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the University's educational program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or educational environment of East Texas Baptist University, or deter sexual harassment. Interim measures are services provided to a party while an investigation and resolution process is pending, while supportive measures may be provided at any time, regardless of whether an investigation and resolution process has been initiated or completed.

The University will provide reasonable interim or supportive measures to third parties as appropriate and available, taking into account the role of the third party and the nature of any contractual relationship with the University.

Requests for interim or supportive measures may be made by either party to the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the implementation of interim or supportive measures and coordinating the University's response with the appropriate offices on campus. The Title IX Coordinator has the discretion to impose and/or modify any interim or supportive measure based on all available information and is available to meet with a complainant or respondent to address concerns about the provision of interim or supportive measures.

All individuals are encouraged to report to the Title IX Coordinator any concerns about the failure of another to abide by any restrictions imposed through an interim or supportive measure. In the event of an immediate health or safety concern, individuals should contact 911 or University Security at 903-923-2323 (on campus) immediately. The University will take immediate action to enforce a previously implemented measure, which may include additional interim or supportive measures and/or disciplinary penalties under this SIM policy or other University policies.

East Texas Baptist University is committed to providing a prompt, thorough, equitable, and impartial resolution of all reported violations of this policy. The University uses two processes to resolve reports of Prohibited Conduct under this policy when a formal complaint has been filed by a complainant or signed by the Title IX Coordinator, as described below:

1. Disciplinary Resolution, which involves an investigation and adjudication; and
2. Adaptable Resolution, which includes informal or restorative options for resolving reports.

Also, in cases that may potentially involve Non-Title IX Misconduct but that do not involve Title IX Sexual Harassment, and in which the Title IX Coordinator decides not to initiate an investigation and adjudication under this SIM policy, the Title IX Coordinator may itself or in collaboration with or referral to other University offices, undertake efforts such as educational conversations with individuals, educational programs for departments or groups, or other efforts designed to improve the campus environment and/or address concerns about behavior that may implicate this policy, but that is not appropriate for investigation and adjudication. 

The processes under this policy is separate and distinct from Texas' criminal process. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. Neither a decision by law enforcement regarding prosecution nor the outcome of any criminal proceeding will be considered determinative of whether a violation of this policy has occurred.

Following are key points intended to provide a general overview of ETBU’s resolution process.  Further details are outlined in the full Sexual and Interpersonal Misconduct Policy (SIM).

After receiving a report of Prohibited Conduct, the Title IX Coordinator will promptly contact or attempt to contact the complainant to discuss the availability of supportive measures; inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; consider the complainant's wishes with respect to supportive measures; and explain to the complainant the process for filing a formal complaint.

The Title IX Coordinator will also gather information about the reported conduct and any immediate health or safety concerns, assess the complainant's safety and well-being, offer the University's immediate support and assistance, and assess the nature and circumstances of the report to determine whether the reported conduct raises a potential policy violation, and whether the reported conduct is within the scope of this policy.

In cases in which the Title IX Coordinator initiates an investigation or takes any other action that impacts a respondent, the Title IX Coordinator will also ensure that the respondent is notified and receives written information on available resources and options.

At the conclusion of the initial assessment, the University will proceed with one of the following options:

1. Proceed with an investigation under the Disciplinary Resolution process. This will occur when a complainant requests an investigation and the Title IX Coordinator determines it is appropriate; when the Title IX Coordinator determines that an investigation must be pursued even when a complainant requests that no investigation be pursued; or when Adaptable Resolution is not appropriate or available.
2. Proceed with Adaptable Resolution. This will always require the consent of the complainant. The consent of the respondent is also required when the form of resolution involves the respondent.
3. If outside the scope of this policy, refer the matter to another appropriate office or department for resolution under the relevant policy.
4. If the complainant requests that the University not pursue a resolution process and the University determines that it can respect that request, the University will close the report. This option could include notifying the respondent of the alleged misconduct. The level of detail shared with the respondent will be at the discretion of the Title IX Coordinator. The University may re-open the matter if the complainant requests resolution or if the University subsequently determines there is a need to further investigate the alleged misconduct.

Adaptable Resolution is a voluntary and remedies-based resolution option, and may be pursued instead of disciplinary resolution at the request and agreement of both parties and as deemed appropriate by the University. Parties engaged in disciplinary resolution may also request to end disciplinary resolution and begin adaptable resolution at any time prior to reaching a determination regarding responsibility. Adaptable resolution may include, but is not limited to, one or more of the following approaches: Restorative Justice Conference, Restorative Justice Circle, Shuttle Negotiation, and Mediation.

If the University initiates an investigation under the SIM policy, it will provide to the parties a written notice (by electronic or other means) that includes:

• Information about the University's resolution processes;
• A statement of the allegations of behavior potentially constituting Prohibited Conduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial post-intake interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Prohibited Conduct, and the date and location of the alleged incident, if known;
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• Information regarding the University's presumption of good faith reporting and a summary of false complaint-related information outlined in this policy;
• Notification that parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
• Notification that the parties will have the opportunity to inspect and review evidence during the investigation and resolution process; 
• The name of the investigator and how to challenge participation by the investigator on the basis of a conflict of interest or bias;
• The importance of preserving any potentially relevant evidence in any format;
• The prohibition against retaliation; and
• A link to a copy of this policy.

In cases that will be investigated, the Title IX Coordinator will appoint one or more investigators to conduct a prompt, thorough, fair, and impartial investigation. The investigator may be a University employee and/or an experienced external investigator. Any investigator used by the University will receive annual training on the issues related to sexual and gender-based harassment, sexual assault, dating violence, domestic violence, and stalking, and on how to conduct an investigation that is fair and impartial, provides parties with notice and a meaningful opportunity to be heard, and protects the safety of complainants while promoting accountability.

When deemed appropriate by the investigator, the investigator will prepare a final investigative report, which will fairly summarize relevant evidence and include as exhibits evidentiary materials as deemed appropriate by the investigator. The parties may provide a written response to the investigative report within ten calendar days of the issuance of the final investigative report. The investigative report and the parties' written responses, if any, will be provided to the hearing officer in advance of the hearing.

Hearings will be conducted pursuant to either Title IX Sexual Harassment Hearings Procedures or Non-Title IX Sexual Misconduct Hearing Procedures. For more extensive details regarding Hearings, see the full Sexual and Interpersonal Misconduct Policy (SIM).

Hearings will be presided over by a hearing officer, who will make the decision by a preponderance of the evidence as to whether or not the respondent violated the policy provisions at issue. The hearing officer has broad authority to determine the process, order of presentation, timing and overall duration of the hearing, what information and evidence will be heard, what information and questions are relevant to the determination of the matter, and what cross examination questions will or will not be permitted.

Within ten business days after the hearing process, the hearing officer will prepare and issue a written determination regarding responsibility and any sanctions. In determining responsibility, the hearing officer will apply the preponderance of the evidence standard.

Either party to a matter covered by the SIM policy may file an appeal from: 1) a determination regarding responsibility; and/or 2) the Title IX Coordinator's dismissal of a formal complaint or any allegations therein from the Title IX Sexual Harassment process, on the following grounds:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, investigator(s), or hearing officer(s)/decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; and/or
• The decision of the hearing officer/decision-maker was arbitrary or capricious.

An appeal must be submitted in writing to the Title IX Coordinator.

Through the entire proceeding, including any investigation or hearing, each party has the right to consult with an advisor of their choosing, and may be accompanied by their respective advisor at any stage, including interviews and the hearing. The advisor may be any person, including an attorney. The University will maintain a list of advisors who are available if the parties desire an advisor but are unable to identify one on their own.

During Title IX Sexual Harassment Hearings, each party may have advisor of their choice present for the limited purpose of conducting cross-examination. Advisors may be, but are not required to be, attorneys. If a party does not have an advisor of their choice at the hearing, the University will without fee or charge to the party provide an advisor of the University's choice for the limited purpose of conducting cross-examination on behalf of that party.

The University wishes to encourage good faith reports of conduct prohibited under this policy. Therefore, the University will not pursue disciplinary action against a student enrolled at the University who makes a good faith report to the University as a complainant or witness to an incident of Prohibited Conduct for a violation by the student of the University’s Student Conduct Code. This amnesty applies only to conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the University's resolution process. This includes amnesty for disclosure of personal consumption of alcohol or other drugs (underage or illegal) which would otherwise be a violation of the Code of Student Conduct.

The University may investigate to determine whether a report of Prohibited Conduct was made in good faith. A student will not receive amnesty for reporting an incident involving their own commission or assistance in the commission of Prohibited Conduct.

Anyone can make an anonymous report by submitting information on the East Texas Baptist University Title IX website: www.etbu.edu/titleix. Based on the nature of the information submitted, the University’s ability to respond to an anonymous report may be limited.

Except for Confidential Resources, all University Employees are designated Responsible Employees and thereby mandatory reporters of potential Title IX violations. Responsible Employees include all staff (hourly and salary), faculty, instructors, teaching assistants, and student workers who have supervisory responsibility or responsibility for the welfare of other students and learn of potential violations of this policy in the scope of their employment. Student workers who are Responsible Employees include but are not limited to Resident Assistants and Graduate Assistant Coaches. 

Responsible Employees must report immediately any information about suspected sexual or gender-based harassment, sexual assault, sexual exploitation, stalking, intimate partner violence, or retaliation for reporting regardless of when or where the alleged misconduct occurred. Responsible Employees must report retaliation when they are aware of acts consistent with the policy definition of retaliation, and they have reason to believe it is occurring because of a party's participation in a Title IX process, or in order to prevent either making a report to Title IX or participation in a Title IX process.

Texas law requires any employee of a college or university in Texas to report to the Title IX 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 or universities to terminate employment for employees who fail to report such matters and imposes criminal penalties of up to a year in jail.

The University has designated limited categories of employees as Confidential Resources with whom students may speak confidentially concerning Prohibited Conduct. 

A Confidential Resources is any employee who is a licensed medical, clinical, or mental-health professional (e.g., physicians, nurse practitioners, nurses, physician's assistants, psychologists, psychiatrists, professional counselors, and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services to a patient; and any employee providing administrative, operational, and/or related support for such healthcare providers in their performance of such services. The Dean of Spiritual Life is also a Confidential Resource when acting within a ministerial or pastoral role in the provision of services to a student.

Unless given permission to disclose more information by the complainant, Confidential Resources will only disclose the type of incident, date, and location if known, but will not disclose the individual's name or other identifying details to the Title IX Coordinator. Confidential Resources also submit non-personally-identifying information about Clery Act-reportable crimes to the East Texas Baptist University Security Department for purposes of the anonymous statistical reporting under the Clery Act. When individuals who otherwise may be Confidential Resources receive information outside of the provision of services to a patient or client, or the Dean of Spiritual Life’s ministerial relationship, the Confidential Resource is required to share that information with the Title IX Office.

Confidentiality refers to the protections provided to information disclosed in legally-protected or privileged relationships under Texas state law, including licensed professional mental health counselors, licensed medical professionals, and ordained clergy. These Confidential Resources can engage in confidential communications under Texas law when the information is disclosed within the scope of the provision of professional services. When an individual shares information with a Confidential Resource (on campus or in the community) as a confidential communication in the course of a protected relationship, the Confidential Resource cannot disclose the information (including information about whether an individual has received services) to any third party without the individual's written permission or unless required by ethical or legal obligations which compel the professional to reveal such information. For example, information may be disclosed when the individual gives written consent for its disclosure, there is an imminent concern that the individual will likely cause serious physical harm to self or others, or the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18. A person’s medical and counseling records are privileged and confidential documents.

May 2020 Title IX regulations contemplate that certain information will generally be treated confidentially, except as qualified by statements in those regulations. For example, the regulations provide that ETBU must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the supportive measures.

The regulations also provide that ETBU must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy (FERPA) statute referenced below, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of the Title IX regulations, including the conduct of any investigation, hearing, or judicial proceeding arising under those regulations.

This means that discretion will be exercised by the University in the course of any investigation or other processes under this policy. Information related to a report of Prohibited Conduct will be shared with a limited circle of University employees who need to know in order to assist in the assessment, investigation, and resolution of the report and related issues. University employees receive training in how to safeguard private information.

The University will make reasonable efforts to investigate and address reports of Prohibited Conduct under this policy, and information may be disclosed to participants in an investigation as necessary to facilitate the thoroughness and integrity of the investigation. 

The privacy of student education records is governed by the Family Educational Rights and Privacy Act(FERPA). The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (HIPAA) and Title 2, Chapter 81 and Title 4, Chapter 241, Subchapter G, of the Texas Health & Safety Code, and Chapter 144 of the Texas Civil Practice and Remedies Code, excepting health records protected by FERPA. Access to an employee’s personnel records in Texas is governed by Chapter 103 of the Texas Labor Code.