ANNUAL SECURITY REPORT 2017

AUSTIN COMMUNITY COLLEGE DISTRICT

PUBLISHED SEPTEMBER 2017

TABLE OF CONTENTS Introduction.............................................................................................................................................................................. 4 Compliance with the Clery Act .......................................................................................................................................... 4 Brief History of Campus Safety Legislation ....................................................................................................................... 4 1.

Austin Community College’s Clery Geography .................................................................................................................. 5 Clery Geography Definitions ............................................................................................................................................. 6 On-Campus Buildings or Property ............................................................................................................................... 6 Public Property ............................................................................................................................................................ 6 Non-Campus Buildings or Property ............................................................................................................................. 6

2.

Crime Statistics .................................................................................................................................................................. 7 Daily Crime Log.................................................................................................................................................................. 7 Clery Crime Statistics ......................................................................................................................................................... 8 Criminal Offenses ......................................................................................................................................................... 8 Hate Crimes ................................................................................................................................................................. 9 Violence Against Women Act Offenses ....................................................................................................................... 9 Arrests and Referrals for Disciplinary Action ............................................................................................................... 9 Classifying Clery Crime Statistics ..................................................................................................................................... 10 Unfounded Crimes .......................................................................................................................................................... 11 Summary of Clery Crimes for the ACC District (2016, 2015, and 2014) .......................................................................... 12

3.

Reporting Crimes ............................................................................................................................................................. 14 Off Campus Law Enforcement Contact Information ....................................................................................................... 15 Campus Security Authorities ........................................................................................................................................... 16

4.

ACC Police Department – Jurisdiction, Authority, and Working Relationships ............................................................... 18

5.

ACC Police Department Response Actions ...................................................................................................................... 19

6.

Campus Security .............................................................................................................................................................. 20 Security of and Access to Facilities .................................................................................................................................. 20 Maintaining Safe and Secure Facilities ............................................................................................................................ 20 Sex Offenders .................................................................................................................................................................. 21 Criminal Background Checks ........................................................................................................................................... 21

7.

Information about ACC’s Prohibition of Sexual Discrimination or Sexual Violence or Sexual Harassment .................... 22 Policy Statement ............................................................................................................................................................. 22 For Immediate Assistance .......................................................................................................................................... 24 Medical Treatment and Evidence Preservation ......................................................................................................... 26 Investigations ............................................................................................................................................................. 27 Procedures ACC Will Follow ....................................................................................................................................... 28

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Accommodations ....................................................................................................................................................... 29 Notification to Victims of Crimes of Violence ............................................................................................................ 29 Definitions .................................................................................................................................................................. 30 8.

Primary Prevention and Awareness Programs & Ongoing Prevention and Awareness Programs for Students and Employees ....................................................................................................................................................................... 38 How to Be an Active Bystander ....................................................................................................................................... 41 Risk Reduction ................................................................................................................................................................. 41

9.

Emergency Notifications and Timely Warnings/Crime Alerts ........................................................................................ 43 Definitions ....................................................................................................................................................................... 43 Issuing an Emergency Notification .................................................................................................................................. 43 Confirming a Significant Emergency or Dangerous Situation on Campus ....................................................................... 44 Content and Distribution of the Emergency Notification .............................................................................................. 44 Issuing a Timely Warning/Crime Alert............................................................................................................................. 45 Determining Whether a Continuing Threat Exists (Timely Warning) .............................................................................. 45 Content and Distribution of the Timely Warning/Crime Alert ........................................................................................ 46 Testing of Communication Procedures ........................................................................................................................... 46

10. Emergency Response and Evacuation Procedures .......................................................................................................... 47 Publicizing ACC Emergency Procedures .......................................................................................................................... 47 ACC Emergency Preparedness Week .............................................................................................................................. 47 ACC Emergency Response Procedures ............................................................................................................................ 48 Emergency Evacuation Procedures............................................................................................................................ 49 11. Drug and Alcohol Prevention Programs for Students and Employees ............................................................................ 50 Consequences of Drug Use – Students and Employees .................................................................................................. 50 Health Risks and Legal Penalties Associated with Alcohol and Other Drug Abuse ......................................................... 51 ACC Policies on Alcohol/Illegal Drugs and College Penalties – Students and Employees ............................................... 52 Resources and Support ................................................................................................................................................... 53 Awareness Activities ....................................................................................................................................................... 53 Biennial Review ............................................................................................................................................................... 54 12. Weapons: ACC’s Campus Carry Policy ............................................................................................................................. 54 Open Carry of Handguns ................................................................................................................................................. 54 Carrying of a Concealed Handgun by a Licensed to Carry Holder (LTC) .......................................................................... 54 Disclosure of License to Carry (LTC) Holder Status Not Required ................................................................................... 55 Handgun Storage ............................................................................................................................................................. 55 Authority to Designate Exclusion Zones .......................................................................................................................... 56 Violations of Policy .......................................................................................................................................................... 56 13. Missing Student Notification Policy ................................................................................................................................ 56 P a g e |2

14. Annual Fire Safety Report ............................................................................................................................................... 56 Appendix A - Crime Statistics by Campus for 2014 – 2016..................................................................................................... 57 ACC Fire Academy ........................................................................................................................................................... 58 Clinical Education Center ................................................................................................................................................ 60 Crockett High School ....................................................................................................................................................... 62 Cypress Creek Campus .................................................................................................................................................... 64 Eastview Campus ............................................................................................................................................................ 66 Elgin Campus ................................................................................................................................................................... 68 Hays Campus ................................................................................................................................................................... 70 Highland Business Center ................................................................................................................................................ 72 Highland Campus ............................................................................................................................................................ 74 Lockhart Center ............................................................................................................................................................... 76 Manor ISD/ACC Certification Center ............................................................................................................................... 78 Northridge Campus ......................................................................................................................................................... 80 Pinnacle Campus ............................................................................................................................................................. 82 Rio Grande Campus ......................................................................................................................................................... 84 Reagan High School ......................................................................................................................................................... 86 Riverside Campus ............................................................................................................................................................ 88 Round Rock Campus........................................................................................................................................................ 90 San Marcos Goodnight Center ........................................................................................................................................ 92 South Austin Campus ...................................................................................................................................................... 94 Appendix B – Prohibition of Sexual Discrimination or Sexual Violence or Sexual Harassment Policy ................................... 96

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INTRODUCTION COMPLIANCE WITH THE CLERY ACT

Austin Community College District (hereafter referred to as “ACC” or “the College”) presents this report to comply with the regulations and the spirit of the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act). The purpose of the report is to disclose campus crime statistics (for calendar years 2014, 2015, and 2016) and security program/policy information (for the 2016-2017 academic year) to current and prospective students and to current and prospective employees. All policy statements contained in this report apply to all campuses unless otherwise indicated. The report is prepared by ACC’s Clery Compliance Officer, Kristine Elderkin, in cooperation with the ACC Police Department (who also coordinates with the local law enforcement agencies operating in ACC’s six county service area), Student Services, Student Life, Human Resources, and Environmental Health, Safety and Insurance. Each department is responsible for providing updated information on crime statistics, procedures, activities, and educational programs to comply with the Act. An email notification is sent before October 1st to all enrolled students and employees providing a link to the report. It can be accessed directly at http://www.austincc.edu/asr or via the Clery Compliance web site: http://www.austincc.edu/police/clery-act. To request a printed copy, send an email to [email protected] and provide your full mailing address or preferred campus for pick-up at the campus manager’s office.

BRIEF HISTORY OF CAM PUS SAFETY LEGISLATI ON

The Jeanne Clery1 Disclosure of Campus Security Policy and Campus Crime Statistics Act (1990), codified as 20 U.S.C. 1092 (f); Public Law 89-329 is required by Section 485(a) and (f) of the Higher Education Act of 1965 (HEA), as amended, and hereafter referred to as the Clery Act requires public and private colleges and universities which participate in the Federal student aid programs to disclose campus crime and fire statistics to the Secretary of the Department of Education. The publishing of annual security reports has been required since September 1992.

1

The Clery Act is named in memory of Lehigh University freshman Jeanne Clery who was raped, strangled, and murdered on April 5, 1986 by a fellow student she did not know. The student entered her residence hall through a propped open door. Her parents, Connie and Howard, discovered that students had not been informed about 38 violent crimes on the Lehigh campus in the three years preceding her murder. The Clery’s were successful in having a campus crime reporting law enacted in their home state of Pennsylvania before joining with other campus crime victims to seek congressional support for a national crime reporting law.

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1. AUSTIN COMMUNITY COLLEGE’S CLERY GEOGRAPHY Austin Community College (ACC) is a nationally recognized and regionally accredited two-year college that currently enrolls more than 70,000 credit students and serves an additional 10,000 students each year through non-credit programs. The Service Area is defined by the Texas legislature and includes six counties in Central Texas: Bastrop, Blanco, Caldwell, Hays, Travis and Williamson counties.

In addition to the college’s eleven campuses – Cypress Creek, Eastview, Elgin, Hays, Highland, Northridge, Pinnacle, South Austin, Rio Grande, Riverside, Round Rock – courses are offered through Learning Centers and various Continuing and Adult Education locations. When reporting statistics, the college must disclose criminal offenses according to where they occur. The Clery Act definitions of three geographic categories are provided below. For a map of locations see the sidebar at this web address: http://www.austincc.edu/police/clery-act/annual-security-report

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CLERY GEOGRAPHY DEFINITIONS

[SIDEBAR TITLE] Examples of “On-Campus” property:  Stonehollow Photo Studio is considered part of Northridge Campus because it is within one mile  Automotive’s use of Reagan and Crockett High Schools, Nursing’s use of the Clinical Education Center, and ACC’s use of the San Marcos Goodnight Center qualify these locations as campuses and “oncampus” property

ON-CAMPUS BUILDIN GS OR PROPERTY

Under Clery, the on-campus category encompasses the following: 



Any building or property owned or controlled by ACC within the same reasonably contiguous geographic area (within one mile of a campus) and used by in direct support of, or in a manner related to, the institution’s educational purposes; and Any building or property owned or controlled by an institution, that has an organized program of study and at least one person assigned in an administrative capacity.

PUBLIC PROPERTY

Under Clery, public property encompasses the following: 

All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

NON-CAMPUS BUILDINGS OR PROPERTY

Examples of “Non-campus” property:  Kinesiology’s use of El Salido Pool and Dart Bowl, ACC’s use of The Frank Erwin Center for Graduation, and Continuing Education’s use of Pioneer Farms qualify these locations as non-campus property

Under Clery, non-campus buildings or property are defined as: 



Any building or property owned or controlled by ACC that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. These are locations associated with ACC campuses (as defined by Clery). Non-campus locations do not have a public property reporting requirement.

NOTE: ACC neither operates residence halls nor maintains lists of available or approved housing. Students are responsible for their own housing arrangements. NOTE: ACC does not have property owned or controlled by student organizations

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2. CRIME STATISTICS The ACC Police Department coordinates the collection of Clery Act crime statistics as specified by federal law. The information is used to comply with the requirements to maintain a daily crime log and disclose, via the Annual Security Report and Department of Education’s web site, crime statistics for the ACC District. NOTE: It is not necessary for the crimes to have been investigated by the police or a Campus Security Authority, nor must a finding of guilt or responsibility be made to include the reported crime in ACC’s crime statistics.

DAILY CRIME LOG

The ACC Police Department maintains a daily crime log recording all crimes reported to or identified by ACC PD that occur:  on campus,  in or on non-campus buildings or property,  on public property immediately adjacent to and accessible from the campuses, and  within the patrol jurisdiction of ACC PD. This record includes details such as the date, time, nature, general location, and disposition of the complaint. Records are entered within 2 days of being reported and are updated for 60 days after the initial report. The crime log for the most recent 60-day period is available upon request (open to the public, free of charge) during normal business hours. A written request is not required. Any portion of the crime log that is older than 60 days is made available within 2 business days of the request. The only exceptions to this rule are:  If the disclosure is prohibited by law, or  If disclosure would jeopardize the confidentiality of the victim A campus’ daily crime log is maintained and made available through each campus’ police office. If your location is a non-campus location, you may request daily crime logs at the ACC Police Department headquarters at Highland Campus, building 4000, or at your nearest ACC campus police office.

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CLERY CRIME STATISTICS

The Clery Act requires the college to disclose the specific crimes, arrests and referrals (listed below) that occurred on or within ACC’s Clery Geography and that were reported to the ACC Police Department or any of the following:  ACC’s Campus Security Authorities (for more about Campus Security Authorities see Section 3),  ACC’s Deans of Student Services (particularly regarding the number of drug, alcohol, and weapons violations that resulted in disciplinary action), and  Local law enforcement agencies that also have jurisdiction in the areas where ACC operates. At least annually, requests are made to these partners for Clery-reportable crime statistics. For statistical purposes, crimes reported to any of these sources are recorded in the calendar year in which the crime was reported. Clery crimes fall into four general categories. CRIMINAL OFFENSES

1. Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another. 2. Manslaughter by Negligence: The killing of another person through gross negligence. 3. Sexual Assault: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. i. Rape: The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Includes the rape of both males and females. ii. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. iii. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. iv. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. (The Texas age of consent is 17) 4. Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. 5. Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. 6. Burglary: Unlawful entry of a structure to commit a felony or theft. 7. Motor Vehicle Theft: Theft or attempted theft of a motor vehicle. 8. Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling, house, public building, motor vehicle or aircraft, personal property of another, etc.

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HATE CRIMES

9.

A hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For Clery Act purposes, hate crimes include the 8 above-mentioned offenses and any incidents listed below when they are motivated by bias: i. Larceny-Theft - the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another. ii. Simple Assault - An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. iii. Intimidation - To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. iv. Destruction/Damage/Vandalism of Property - To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it. Although there are many possible categories of bias, under the Clery Act, only the following categories are reported: race, religion, actual or perceived sexual orientation, actual or perceived gender, actual or perceived gender identity, ethnicity, actual or perceived national origin, and disability.

VIOLENCE AGAINST WOM EN ACT OFFENSE S

10. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement 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 purpose of this definition – (i) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse; (ii) Dating violence does not include acts covered under the definition of domestic violence. 11. Domestic Violence: A felony or misdemeanor crime of violence committed – (i) By a current or former spouse or intimate partner of the victim; (ii) By a person with whom the victim shares a child in common; (iii) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (iv) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (v) By any other person against an adult or youth victim 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. 12. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to – (i) Fear for the person’s safety or the safety of others; or (ii) Suffer substantial emotional distress. For the purpose of this definition – (i) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property; (ii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. (iii) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

ARRESTS AND REFERRAL S FOR DISCIPLINARY A CTION

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13. Weapons: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. 14. Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those related to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. 15. Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Referred for disciplinary action is defined as the referral of any person to any official who initiates a disciplinary action of which a record is established and which may result in the imposition of a sanction. The referral may, but doesn’t have to, originate with ACC Police. The Clery Act requires that ACC disclose the number of referrals for disciplinary action for weapons, drug abuse and liquor law violations.

CLASSIFYING CLE RY CRIME STATISTICS

The statistics are compiled and published in accordance with the standards and guidelines used by the Federal Bureau of Investigation Uniform Crime Reporting Handbook, applicable federal laws and regulations, including the Clery Act as amended, and The Handbook for Campus Safety and Security Reporting 2016 Edition. The number of victims involved in a particular incident is indicated for the following crime classifications: murder/non-negligent manslaughter, negligent manslaughter, sexual assault, and aggravated assault. For example, if an aggravated assault occurs and there are three victims, this would be counted as three aggravated assaults in the crime statistics chart. The number of incidents involving a particular offense is indicated for the following crime categories (includes one offense per distinct operation): robbery, burglary, larceny, and arson. For example, if five students are walking across campus together and they are robbed, this would count as one instance of robbery in the crime statistics chart. In cases of motor vehicle theft, each vehicle stolen is counted. Attempts are counted. Statistics for hate crimes are counted in each specific Clery reportable crime category. In addition to those offenses, larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property are reported only if they are hate crimes. In cases involving liquor law, drug law, and weapons law violations, each person who was arrested is indicated in the arrest statistics. If an arrest includes offenses for multiple liquor and drug law violations, it is only counted as a drug law violation since it is the more egregious offense. The statistics captured under the “Referred for Disciplinary Action” section for liquor law, drug law, and weapons law violations indicate the number of people who were not arrested but referred for disciplinary action of which a record is established and which may result in the imposition of a sanction.

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UNFOUNDED CRIMES

The college may only exclude a reported crime from the Annual Security Report, or remove a reported crime from previously reported statistics after a full investigation. Only sworn or commissioned law enforcement personnel can make a formal determination that the report was false or baseless when made. If a crime report is determined to be “unfounded,” the ACC Police Department updates the disposition of the complaint to “unfounded” in the daily crime log. The report will not be deleted from the daily crime log. In the disclosure of annual crime statistics as part of this report, the number of unfounded crimes is listed by campus.

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SUMMARY OF CLERY CRIMES FOR THE ACC DISTRICT (2016, 2015, AND 201 4)

Appendix A contains the crime statistics for individual campuses.

Austin Community College Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Total

Murder and Non-Negligent Manslaughter

2016

0

0

0

0

2015

0

0

0

0

2014

0

0

0

0

2016

0

0

0

0

2015

0

0

0

0

2014

0

0

0

0

2016

2

1

3

6

2015

0

0

0

0

2014

0

1

0

1

2016

0

0

5

5

2015

1

0

0

1

2014

2

0

0

2

2016

0

0

0

0

2015

0

0

0

0

2014

0

0

0

0

2016

0

0

0

0

2015

0

0

0

0

2014

0

0

0

0

2016

3

1

0

4

2015

0

0

0

0

2014

0

2

1

3

2016

8

0

6

14

2015

2

0

0

2

2014

3

0

0

3

2016

10

0

6

16

2015

1

0

0

1

2014

14

0

4

18

2016

5

0

2

7

2015

1

6

1

8

2014

2

0

0

2

2016

1

0

1

2

2015

3

0

0

3

2014

0

0

1

1

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

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Austin Community College Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Total

2016

9

0

4

13

2015

1

1

0

2

2014

5

0

0

5

2016

0

0

0

0

2015

2

0

0

2

2014

0

0

0

0

2016

28

0

1

29

2015

2

0

0

2

2014

20

0

0

20

2016

3

0

1

4

2015

0

0

0

0

2014

0

0

0

0

2016

22

5

14

41

2015

19

0

1

20

2014

28

2

1

31

2016

1

2

5

8

2015

0

0

0

0

2014

0

0

0

0

2016

0

0

0

0

2015

0

0

0

0

2014

0

0

0

0

2016

0

0

0

0

2015

0

0

0

0

2014

1

0

0

1

2016

0

0

0

0

2015

0

0

0

0

2014

0

0

0

0

On-Campus Property

Public Property

Non-Campus Property

Total

199

21

57

277

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

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3.

[SIDEBAR TITLE]

“… when a victim of a crime elects to, or is unable to, make such a report.” This language is intended to strike a balance between empowering victims to make the decision about whether, to whom, and when to report a crime, and encouraging members of the campus community to report crimes of which they are aware.

REPORTING CRIMES

ACC encourages students, faculty, staff, contractors, and visitors to accurately and promptly report all crimes, suspected crimes and public safety concerns to ACC Police and appropriate police agencies when the victim of a crime elects to, or is unable to, make such a report (see sidebar). Crimes should be reported to ACC Police for the purpose of providing Timely Warning/Crime Alert messages to the ACC community, for inclusion in the daily crime log, and to ensure the accuracy of the annual statistical disclosures in Appendix A of this report. Reporting all crimes or suspected crimes also improves overall campus safety by allowing ACC Police to keep a precise log of the number of incidents and determine where there is a pattern of crime with regard to a particular location, method, or assailant. To report a crime, use one or more of the following means:   

The ACC PD follows the provisions of the Texas Code of Criminal Procedure, Texas Penal Code, and Texas Family Code in regards to protective orders. When the ACC PD receives a protective order a report is completed and the protective order is placed on file in the Dispatch Center. Officers may access information on protective orders through the records management system or by making an inquiry with Dispatch. Violations of protective orders occurring on properties under the control of ACC are addressed in accordance with Texas law.

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  

Call ACC Police Dispatch, which is staffed 24 hours a day, by dialing 222 on a campus phone or 512-223-7999 on any phone. The nonemergency number for Dispatch is 512-223-1231. Contact an officer in uniform on patrol or go to the ACC police office on any campus. Use an emergency telephone, designated by a blue light and marked "Emergency" in locations throughout campus. To reach local law enforcement in an emergency, dial 911 or call the non-emergency number for the law enforcement agency listed below. Employees and students at ACC Centers and CE locations should dial 911 and then call ACC Police at 512-223-7999. Victims or witnesses wishing to make confidential reports of criminal activity may do so by requesting that their identity not be disclosed. Your privacy is paramount but confidentiality can only be honored to the extent permitted by state law, criminal investigatory requirements, and the college’s judicial process. All reports are counted and disclosed in the crime statistics for the college, but, as with all other crimes included in the annual security report, no personally identifiable information is included.

Individuals reporting an alleged crime should attempt to preserve evidence that might prove the crime was committed, or that might be necessary to obtain a protection order. Section 7 and Appendix B provide more specific information regarding the reporting of sex offenses.

OFF CAMPUS LAW ENFOR CEMENT CONTACT INFOR MATION

CAMPUS

OFFICE OR DEPT

ADDRESS

PHONE

Cypress Creek

Cedar Park Police Department

911 Quest Parkway Cedar Park, TX 78613

512-260-4600 (non-emergency); 512-260-4656 (Victim Services)

Eastview

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

Elgin

Elgin Police Department

202 Depot St Elgin, TX 78621

512-285-5757 (non-emergency)

Hays

Kyle Police Department

111 N. Front St Kyle, TX 78640

512-268-3232 (non-emergency); 512-268-0859 (Victim Services)

Highland

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

Highland Business Center

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

Northridge

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

Pinnacle

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

Rio Grande

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

Riverside

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

Round Rock

Round Rock Police Department

221 East Main St Round Rock, TX 78664

512-218-5500 (non-emergency); 512-341-3124 (victim assistance)

Service Center

Austin Police Department

715 E. 8th Street Austin, TX 78701

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

South Austin Campus

Austin Police Department

715 E. 8th Street Austin, TX 78748

512-974-5000 (non-emergency); 512-974-5037 (Victim Services)

San Marcos Goodnight Center

San Marcos Police Department

630 E. Hopkins San Marcos, TX 78666

512-753-2108 (non-emergency); 512-753-2106 (Victim Services)

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CAMPUS SECURITY AUTH ORITIES

Although every institution wants its campus community to report criminal incidents to law enforcement, this doesn’t always happen. A student who is the victim of a crime may report it to someone other than the ACC Police Department. For example, a victim of a sexual offense may turn to a dean, or a student whose car was stolen may report the theft to the campus manager. For this reason, the Clery Act requires all institutions to collect crime reports from a variety of individuals and organizations that are considered to be “Campus Security Authorities.” Under the Clery Act, a crime is “reported” when it is brought to the attention of a Campus Security Authority (CSA), the institution’s police department, or local law enforcement personnel by a victim, witness, other third party or even the offender. It doesn’t matter whether or not the individuals involved in the crime, or reporting the crime, are associated with the institution. If a CSA receives a report, he or she must bring it to the attention of campus police immediately. Campus Security Authorities generally fall into one of the groups below:  All ACC Police Department members  Any other individual who has responsibility for campus security (e.g., an individual who provides security at a campus parking kiosk, monitors access into a campus facility, and/or acts as event security).  An ACC official who has significant responsibility for student and campus activities, including but not limited to student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution. To determine specifically which individuals or organizations are CSAs, it is the function of that individual or office that must be considered. An official (i.e., not support staff) whose function involves relationships with students and/or who has significant responsibility for student and campus activities, is a Campus Security Authority.

Exemption for Professional Counselors: The professional counselor exemption is intended to ensure that these individuals can provide appropriate counseling services without an obligation to report crimes they may learn about. This exemption is intended to protect the counselor-client relationship. However, even the legally recognized privileges acknowledge some exceptions, and there may be situations in which counselors are in fact under a legal obligation to report a crime. If an unlicensed counselor has completed his or her master’s degree course work, and is acting in the role of a licensed counselor under the supervision of a licensed professional in order to gain the required supervised clinical experience in a two-year period, he or she would be exempt from CSA requirements. As a matter of policy, the professional counselors at ACC are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary, confidential basis for inclusion into the annual crime statistics.

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ACC’s primary Campus Security Authorities are listed in the tables below. For convenience the CSAs are divided into two groups: (1) CSAs with District-wide responsibilities, and (2) Campus-specific CSAs. Students and employees may report to any CSA they choose. DISTRICT-WIDE CAMPUS SECURITY AUTHORITIES Office ACC Police Department

Title

Contact Information

ACC Police Dispatch

512-223-1231 main 512-223-7999 emergency

Chief

512-223-1220

Assistant Chief

512-223-1220

Lieutenant, North District

512-223-1220

Lieutenant, South District

512-223-1220

Lieutenant, Dispatch and Crime Statistics

512-223-1220

Vice President

512-223-7056

Title IX Coordinator, Student Services Compliance Mgr

512-223-7964

Director of Student Life

512-223-3120

Faculty and Staff Advisors to Student Organizations

Advisors

Contact Student Life for phone numbers

Human Resources

Vice President

512-223-7572

International Programs

Director

512-223-7689

Student Support and Success Systems

CAMPUS SPECIFIC CAMPUS SECURITY AUTHORITIES Location

Campus Manager

Dean of Student Services

Student Life Office

Cypress Creek

512-223-2002

512-223-2012

512-223-2120

Eastview

512-223-5103

512-223-5129

512-223-5303

Elgin

512-223-9402

512-223-9409

512-223-9427

Hays

512-262-6505

512-262-6525

512-262-6542

Highland

512-223-7304

512-223-7390

512-223-7393

Highland Business Center

512-223-7304

512-223-7390

512-223-7393

Northridge

512-223-4702

512-223-4721

512-223-4715

Pinnacle

512-223-8103

512-223-8007

512-223-8233

Rio Grande

512-223-3002

512-223-3128

512-223-3114

Riverside

512-223-6206

512-223-6019

512-223-6264

Round Rock

512-223-0002

512-223-0045

512-223-0137

Service Center

512-223-7304

n/a

n/a

South Austin

512-223-9106

512-223-9154

512-223-9172

ACC Learning Centers

512-223-7304

n/a

n/a

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4. ACC POLICE DEPARTMENT – JURISDICTION, AUTHORITY, AND WORKING RELATIONSHIPS For Clery purposes, the patrol jurisdiction of the ACC Police Department includes the campuses and properties that are regularly provided with police services:  

Cypress Creek, Eastview, Elgin, Hays, Highland, Northridge, Pinnacle, South Austin, Rio Grande, Riverside, Round Rock, and the ACC Fire Academy Highland Business Center, Service Center and Service Center South

Coordination takes place through the ACC Police Dispatch Center which is staffed twenty four hours/day, seven days/week. ACC’s commissioned police officers enforce certain college policies and are fully empowered by the state with the authority to stop vehicles, issue traffic citations, make arrests, investigate crimes, and enforce all state laws. ACC’s security officers take incident reports; issue parking permits and citations; assist college police officers in enforcing policies and regulations; and assist other agencies in responding to medical emergencies, disturbances, fire and burglar alarms. Via the Texas Law Enforcement Telecommunications Network (TLETS), ACC PD has access to criminal history data, nationwide police records, driver/vehicle identification information and other local, state and federal law enforcement information maintained by the National Crime Information Center and Texas Crime Information Center. When criminal offenses are prosecuted, cases are filed in the appropriate court (municipal, justice of the peace, county or district court). Certain offenses committed by students or employees are referred to the Dean of Students or Human Resources. The ACC Police Department maintains a close working relationship with all criminal justice agencies within the ACC District including the Texas Department of Public Safety and the Austin Regional Intelligence Center. Information on Clery-reportable crimes is solicited from these agencies on a regular basis to ensure its inclusion in ACC’s crime statistics. Meetings are held between the leaders of these agencies on both a formal and informal basis to allow sharing of pertinent information and to facilitate access to additional law enforcement resources as necessary, however there is no written memorandum of understanding between the ACC Police Department and city/county/state law enforcement authorities. NOTE: Where ACC conducts operations outside of ACC police’s patrol jurisdiction, requests for law enforcement services are fulfilled by the local agency having jurisdiction. Dial 911 in an emergency or call the local police department’s non-emergency number. NOTE: ACC does not have officially recognized student organizations that own or control housing facilities outside of ACC campuses. Since there are no non-campus locations of student organizations, local police departments are not used to monitor and record criminal activity.

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5. ACC POLICE DEPARTMENT RESPONSE ACTIONS The ACC Police Department will respond to all reports of crime and public safety concerns it receives and will investigate all criminal incidents. Depending on the nature and seriousness of the offense involved, ACC PD will:  dispatch police officers or ask the victim to report to a campus police office to file an incident report;  investigate reports in accordance with ACC Police procedure;  arrest and file charges, depending upon the circumstances of the incident;  refer alleged offenders to appropriate campus offices, such as the Dean of Students, Title IX Coordinator, or Human Resources;  if assistance is required from the local police or fire departments, ACC Police will contact the appropriate department;  initiate “Emergency Notification” for dangerous situations or emergencies;  initiate "Timely Warning/Crime Alert" for Clery crimes that represent a serious or continuing threat to the campus community; and/or  initiate “public safety advisories” for incidents that are neither emergencies nor Clery crimes but that may be of interest to the campus community. Section 7 and Appendix B provide more specific information regarding sex offenses.

In accordance with the provisions of the Texas Code of Criminal Procedure, Chapter 57. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX OFFENSE VICTIMS, the ACC Police Department shall provide a pseudonym for a victim of sexual assault upon request of the victim. In cases in which a pseudonym is not requested, ACC Police follow the Texas Government Code, Chapter 552 Public Information when releasing records. Decisions on the release of records are made by the Department’s Custodian of Records. If questions arise about the release of a specific record they are referred to the college’s attorney.

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6.

CAMPUS SECURITY

SECURITY OF AND ACCE SS TO FACILITIES

The personal safety of each individual using ACC facilities is his or her responsibility. Failure to report crimes and safety concerns, maintain an awareness of his or her surroundings, and take appropriate precautions may result in increased risk. The College will continue to develop and implement security measures, but these measures cannot succeed without the personal support of faculty, staff, students, and visitors.

ACC operates an “open college.” During business hours, campuses are open to students, parents, employees, contractors, invitees and the general public. During non-business hours and periods of extended closing, access to ACC facilities must be coordinated with ACC Police. Access to campus facilities may be restricted or changed as necessary to meet safety and security requirements as determined by College Operations. The security of and access to non-campus facilities where ACC holds classes is the responsibility of the agency or entity operating the facility. ACC members are encouraged to report concerns to their Supervisor.

NOTE: ACC does not have residential facilities.

MAINTAINING SAFE AND SECURE FACILITIES

ACC has instituted a variety of safety and security procedures, equipment, and services to enhance public safety and maintain a secure learning and working environment. These measures are regularly reviewed and best practices are sought out. Access to ACC facilities is controlled by the use locks, traditional keycontrol, and electronic access control systems. Security alarms and cameras are used on campuses and are monitored by ACC Police Dispatch. Emergency phones are in place at each campus (elevators and laboratories) and projects are underway to increase coverage in hallways, at areas of rescue assistance and parking lots/structures. Audits are conducted to review landscaping, lighting, the operation of emergency phones, and the general condition of facilities. In their patrols of the District, ACC police officers make note of safety and security issues which require attention. The maintenance of safe and secure non-campus facilities is the responsibility of the agency or entity operating the facility. ACC members are encouraged to report concerns to their Supervisor.

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SEX OFFENDERS

Sex offenders must register with the ACC Police Department as required by law or court order. In compliance with state law, ACC PD maintains a listing of registered sex offenders who currently work, volunteer or are enrolled in classes at ACC: http://www.austincc.edu/police/rso_offenders.php A general listing of registered sex offenders may be found on the Texas Department of Public Safety's web site: https://records.txdps.state.tx.us/sexoffender/

CRIMINAL BACKGROUND CHECKS

ACC is committed to protecting the security, safety, and health of faculty, staff, students and others as well as safeguarding the assets and resources of the college. The college will conduct a background check, and any other legally required background check as a condition of employment. Background checks are conducted in a manner that supports the college’s commitment to non-discrimination and non-harassment in hiring practices. ACC is also committed to supporting all federal and state regulations designed to protect individuals who receive services from ACC students. As part of this commitment, ACC will identify all academic programs where criminal background checks are required by law or as a condition of program approval/accreditation. ACC will require criminal history checks of students in these identified programs and will refuse admission to or continuation in these programs where necessary to meet such regulations or accreditation standards.

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7.

INFORMATION ABOUT ACC’S PROHIBITION OF SEXUAL DISCRIMINATION OR SEXUAL VIOLENCE OR SEXUAL HARASSMENT

Any student who believes he or she has observed or has been the object of sexual discrimination, harassment, sexual violence, domestic violence, dating violence or stalking should report the offense to the ACC Police Department, Title IX Coordinator, or a Deputy Title IX Coordinator:

POLICY STATEMENT

Charlene Buckley Title IX Coordinator Highland Business Center 5930 Middle Fiskville Rd. Austin, TX 78752 512-223-7964

So that the College may continue to foster a climate of respect and security on its campuses and ACC owned or operated sites as it relates to preventing and responding to acts of sexual misconduct, this policy has been created and serves to demonstrate the College’s commitment to:

[email protected]

Amber Kelley, North Region Deputy Title IX Coordinator 1555 Cypress Creek Road, Cedar Park, TX 78613 (512) 223-2012 [email protected], Dorado Kinney, Central Region Deputy Title IX Coordinator 6101 Airport Blvd. Austin, TX 78752 (512) 223-7398 [email protected]

Wade Bradfute, South Region Deputy Title IX Coordinator 1020 Grove Boulevard Austin, TX 78741 (512) 223-8108 [email protected]

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It is the policy of the Austin Community College District (“ACC” or the “College”) to maintain an environment for students, employees, and visitors that is free of all forms of discrimination and harassment, including sexual misconduct. The College has enacted this Prohibition of Sexual Discrimination or Sexual Violence or Sexual Harassment Policy (the “Sexual Misconduct Policy” or “the Policy”) to reflect and maintain its institutional values and community expectations, to provide for fair and equitable procedures for determining when this Policy has been violated, and to provide recourse for individuals and the community in response to violations of this Policy.



Prohibiting all forms of gender and sex-based harassment and discrimination, defined as “sexual misconduct” by ACC, to include sexual harassment, non-consensual sexual penetration and contact, sexual exploitation, stalking, dating violence, and domestic violence as well as gender-based harassment and discrimination that is nonsexual;



Disseminating clear policies and procedures for responding to sexual misconduct reported to the College;



Delivering primary prevention and awareness programs and ongoing training and education campaigns to students and employees so they may identify what behavior constitutes sexual misconduct; understand how to report such misconduct; recognize warning signs of potentially abusive behavior and ways to reduce risks; and learn about safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;



Engaging in investigative inquiry and resolution of reports that are prompt, fair, equitable, and independent of other investigations that may occur;

Any employee who has a complaint of sexual discrimination, harassment, sexual violence, domestic violence, dating violence or stalking can report the offense to the ACC Police Department, the Title IX Coordinator, or the Vice President of Human Resources:



Supporting and protecting the rights of victims survivors and accused parties, as well as holding persons accountable for established violations of this policy;



Providing a written explanation of the rights and options available to every student or employee that has been the victim/survivor of domestic violence, dating violence, sexual assault or stalking, regardless of whether the offense occurred on or off campus; and



Addressing the policy’s impact on contractors and visitors to ACC facilities.

Geraldine Tucker VP of Human Resources Highland Business Center 5930 Middle Fiskville Rd., Austin, TX 78752 512-223-7572 [email protected]

NOTE: The words “victim” and “survivor” are both used in the literature and research on this topic ACC respects the decision of those who have experienced violence to identify as a victim or a survivor. We recognize that choosing to identify as a survivor is an important part of the healing process for some who have experienced sexual misconduct. In this document, we will refer to the complaining party as “victim/survivor” or as the “Complainant.” The words “accused party”, “Respondent” and “perpetrator” will be used in this document to refer to the person who is alleged to have engaged in the harm or misconduct depending on which process (administrative policy violation or criminal process.) P a g e | 23

The full text of ACC’s Prohibition of Sexual Discrimination or Sexual Violence or Sexual Harassment Policy is included in Appendix B of this report. ACC’s policy:  Identifies the College’s District Title IX Coordinator, Deputy Title IX Coordinators, and Title IX Investigators, and describes their roles in compliance with guidance from the Department of Education’s Office for Civil Rights and in compliance with the Clery Act.  Identifies how students and employees can report sexual misconduct to the College confidentially and what resources are available both on and off campus to aid them, including employees’ and students’ rights to notify local law enforcement and their right also to decline to notify such authorities.  Provides information about how reports are assessed, investigated, and resolved including a description of the standard of evidence that will be used during any institutional disciplinary proceeding.  Provides the College with a means to take all reasonable steps to identify harassment, prevent recurrence of any harassment, and to correct its discriminatory effects on the complainant and others, if appropriate.  Contains detailed information about confidentiality and privacy.  Lists all possible sanctions that may be imposed following the results of a disciplinary proceeding.  Describes options for assistance and a description of the range of protective measures that may be offered to the victim/survivor following an allegation.  Explains how: o Investigations will be prompt, fair and impartial from initial investigation to the final result o Investigations will be conducted by officials who, at a minimum, receive annual training on:  The issues related to dating violence, domestic violence, sexual assault and stalking  How to conduct an investigation and hearing process that protects the safety of victims and promotes accountability o Accuser and Accused have the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.  Provides information about how both the accuser and accused are notified simultaneously and in writing of: o The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking o Procedures to appeal the result of the disciplinary proceeding o Any change the result o When the results become final

FOR IMMEDIATE ASSISTANCE

1. Confidential Support: Any student in need of immediate emotional support should contact an ACC Campus Counseling Office. Find your campus contact by visiting http://www.austincc.edu/counseling and request to speak with a confidential counselor. 2. For employees, Austin Community College's Employee Assistance Program (EAP) provides free and confidential assessment, short-term counseling, prevention, education, and referral services for employees and their dependents. Trained counselors are available 24/7, 365 days of the year and employees have access to a number of confidential sessions with a counselor at no cost. More information on accessing the EAP may be accessed here: http://www.austincc.edu/eap .

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3. Victims/Survivors (employees or students) may also contact SAFE (an off-campus non-profit sexual violence resource center) to speak with a confidential advocate 24 hours a day, 7 days a week by calling (512) 267-SAFE (7233). http://www.safeaustin.org/learn-more/sexualassault/ 4. Reporting: Students and employees are strongly encouraged to report sexual misconduct to College authorities and to the police in order to protect themselves and others. Even if the victim/survivor does not want to make a formal incident report or file charges, he or she still may have the right to other victims’ services, including reasonable accommodations and interim protective measures in addition to support services. To file a report, any person can contact any of the following: a. District Title IX Coordinator: (available during regular business hours) Charlene Buckley, District Title IX Coordinator, 5930 Middle Fiskville Road, Austin, TX 78752, Phone: (512) 223-7964 E-mail: [email protected] or [email protected]. (Deputy Coordinators are also assigned to each campus and are listed in the sidebar on page 22. Reporting to the District Title IX Coordinator will not result in a criminal investigation but will result in an administrative investigation to determine if this policy was violated. If the incident occurred on campus, limited information will be shared with the District Police for purposes of determining if a Timely Warning Notice/Crime Alert should be sent out to the community and for purposes of capturing and counting crime data.) b. The ACC District Police Department (ACCPD): http://www.austincc.edu/police (Visit their website to access the correct address and/or telephone number for the appropriate campus). Reporting to the ACC District Police may initiate a criminal investigation into your complaint. The District Chief of Police will also determine if a Timely Warning Notice should be sent out to the community and will capture and count crime data if the offense was reported to have occurred on campus or on a property owned or controlled by the institution. Police will report your complaint to the District Title IX Coordinator. c. Call your local police department using the contact information provided in Section 3 of this report. For example: The (City of) Austin Police Department: (available 24 hours a day, 7 days a week) Call 911 for emergencies, 311 for non-emergencies, or (512) 974-2000. Visit Austin PD’s website for more information or to obtain the address or contact information for a specific division within the PD. (http://www.austintexas.gov/department/police) Important note-The City of Austin may not share the details of your report with ACC (however, the District Police must notify the District Title IX Coordinator of a report made to their office.) If you report to the city police, you should also report to the District Title IX Coordinator so on campus accommodations, interim protective measures and resources may be provided.

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MEDICAL TREATMENT AND EVIDENCE PRESERVATION

As of January 2009, victims/survivors of sexual assault may have a sexual assault forensic exam without reporting it to law enforcement. Listed below are the facilities in Central Texas that will provide such examinations. Hospitals in and around ACC Campuses offering forensic (SAFE) exams and evidence collection: Hospital Name

Physical Address

Telephone #

Website Information

Scott & White Medical Center – Temple

2401 S. 31st Street, Temple, TX 76508

754-724-2111

http://www.sw.org/location/temple-hospital

Seton Medical Center Williamson

201 Seton Parkway, Round Rock, TX 78665

512-324-4000

https://www.seton.net/locations/seton-medicalcenter-williamson/

Seton Northwest Hospital

11113 Research Boulevard, 512-324-6000 Austin, TX 78759

https://www.seton.net/locations/northwest/

St. David’s Medical Center

919 E 32nd Street, Austin, TX 78705

512-544-7111

http://stdavids.com/home/

St. David’s South Austin Medical Center

901 W Ben White 512-447-2211 Boulevard., Austin, TX 78704

http://stdavids.com/home/

University Medical Center Brackenridge

601 E 15th Street, Austin, TX 78701

https://www.seton.net/locations/brackenridge/

512-324-7000

State law allows an individual to have the sexual assault forensic exam (SAFE) up to 120 hours (5 days) after the sexual assault. An individual can report to law enforcement, if the person chooses to do so. In Texas, you have ten years (statute of limitations on sexual assault) to make the report. Having a sexual assault forensic exam conducted allows an individual to preserve evidence that will be lost over time while you have time to decide how to proceed. The cost of the forensic portion of the exam is covered by the law enforcement agency that is investigating the assault or, in cases where a report will not be made to the police, the Texas Department of Public Safety. This does not include hospital fees related to medical treatment that are not a part of the SAFE. If an exam is conducted at SAFE (formerly Safeplace), all services are free of charge.

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Victims/survivors of sexual [SIDEBAR TITLE] violence need to know their options regarding the involvement of law enforcement and campus authorities. You have the option to:  notify law enforcement authorities, including ACC Police and local police,  be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses, and  decline to notify such authorities.

Survivors have the right to be free from any suggestion that victims must report the crime to be assured of any other rights or resources. Campus personnel will not pressure survivors to report a crime if the survivor does not wish to report but will assist any person in filing a report with law enforcement no matter where the misconduct occurred.

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ACC District police officers and City of Austin police officers encourage victims/survivors to report the sexual assault even if it is past the statute of limitations. The case cannot go forward with prosecution, but it is important to document the assault and the perpetrators who commit them (in addition to allowing ACC to prevent recurrence of similar crimes, if applicable.) In circumstances of sexual assault, if a victim/survivor does not opt for forensic evidence collection, health care providers still can treat injuries and take steps to address concerns of pregnancy and/or sexuallytransmitted infection. It is important that a victim/survivor of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where she or he was assaulted within 120 hours after the incident occurred so that evidence may be preserved. Victim/survivors of sexual assault, domestic violence, dating violence, or stalking also are encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if any exist that may be useful to College investigators, ACC District Police Department, or local police. INVESTIGATIONS

Victims/survivors who wish to pursue an investigation may choose to: 1.

Contact the ACC District Police Department to pursue a criminal investigation if the reported conduct occurred on property owned or controlled by ACC.

2.

Contact the local police department or sheriff’s department to pursue a criminal investigation.

3.

File a civil complaint in a civil court. (This action may require you to obtain your own attorney.)

4.

Report to the ACC District Title IX Coordinator or the Deputy Title IX Coordinator for your campus (see contact information provided in Appendix B). An investigation of a campus policy violation is independent from criminal or civil investigations and the District Title IX Coordinator accepts complaints of all kinds of conduct (criminal and non-criminal) as well as conduct that occurred on and off campus.

5.

Decide not to file charges or make a report for investigation. Survivors are strongly encouraged but not required to report the incident. Survivors have the right to be free from any suggestion that victims must report the crime to be assured of any other rights or resources. Campus personnel will not pressure survivors to report a crime if the survivor does not wish to report but will assist any person in filing a report with law enforcement no matter where the misconduct occurred.

6. Report anonymously online through a link provided on the ACC homepage (available January 2018). 7. A victim/survivor may report to all of the above and have concurrent criminal and administrative investigations. ACC will not wait for the completion of a criminal investigation to begin or conduct its’ administrative investigation.

PROCEDURES ACC WILL F OLLOW

Below is a summary of the procedures ACC will follow upon receipt of a report of sexual assault, stalking, dating violence, and/or domestic violence.

Incident Reported

Procedure ACC Will Follow

Sexual Assault

1. Depending on when reported (immediate vs delayed report), ACC will provide complainant with access to medical care 2. ACC will assess immediate safety needs of complainant 3. ACC will assist complainant with contacting local police if complainant requests AND provide the complainant with contact information for local police department 4. ACC will provide complainant with referrals to on and off campus mental health providers 5. ACC will assess need to implement interim or long-term protective measures, if appropriate. 6. ACC will provide the complainant with a written explanation of the victim’s rights and options 7. ACC will provide a “Criminal Trespass Warning” (CTW) or “No Contact” order to the respondent if deemed appropriate 8. ACC will provide written instructions on how to apply for Protective Order 9. ACC will provide a copy of the policy applicable to Sexual Assault to the complainant and inform the complainant regarding timeframes for inquiry, investigation and resolution 10. ACC will inform the complainant of the outcome of the investigation, whether or not the respondent will be administratively charged 11. ACC will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation

Stalking

1. ACC will assess immediate safety needs of complainant 2. ACC will assist complainant with contacting local police if complainant requests AND provide the complainant with contact information for local police department 3. ACC will provide written instructions on how to apply for Protective Order 4. ACC will provide written information to complainant on how to preserve evidence 5. ACC will assess need to implement interim or long-term protective measures to protect the complainant, if appropriate 6. ACC will provide the complainant with a written explanation of the victim’s rights and options 7. ACC will provide a “Criminal Trespass Warning” (CTW) or “No Contact” order to the respondent if deemed appropriate

Dating Violence Domestic Violence

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ACCOMMODATIONS

A victim/survivor may make a request for accommodations to the District Title IX Coordinator (or their respective Deputy Title IX Coordinator). The victim/survivor does not need to participate in an investigation or file charges in order to request accommodations. The District Title IX Coordinator will work in conjunction with relevant parties to determine which measures are appropriate to ensure the victim’s safety and equal access to educational programs and activities. Accommodations include: •

Accommodations related to academics, transportation, and working environment. If an alleged perpetrator and alleged victim/survivor are enrolled in the same class, a request to drop the class without any academic penalty will be granted.



Relocation in their on-campus job if either will bring them into proximity with the perpetrator. Survivors may also request changes to their class schedule if they have classes in common with the perpetrator.



A “no-contact” order may be put in place between the victim/survivor and the accused party or if the accused party is a non-ACC member, the institution should work with law enforcement to prohibit the party from entering campus property.



For information about loan repayment, including financial aid student success workshops and potential emergency loans, please visit: http://www.austincc.edu/tuition-and-financial-aid/obtain-financial-aid. Contact Jason Briseno, 512-223-7221 or [email protected].



Resources regarding adjustment of the work schedule or leave for employees who are victims/survivors are available through the Human Resources Department.

Note: ACC will maintain as confidential any accommodations or protective measure provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.

NOTIFICATION TO VICTIMS OF CRIMES OF VIO LENCE

The College will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

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DEFINITIONS

SEX OR GENDER-BASED DISCRIMINATION Sex or gender-based discrimination refers to the disparate treatment of a person or group because of that person’s or group’s sex, sexual orientation, gender identity or gender expression. Sexual or Gender-Based Harassment “Harassment” is conduct that creates an intimidating, offensive, or hostile working or learning environment or that unreasonably interferes with work or academic performance based on a person’s protected status, including sex, sexual orientation, gender identity, or gender expression. All such conduct is unlawful. “Sexual Harassment” is any unwelcome sexual advance, request for sexual favors, or other unwelcome conduct of a sexual nature, whether verbal, physical, graphic, or otherwise. “Gender-Based Harassment” is harassment based on sex, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal, physical, graphic, or otherwise. To qualify as Gender-Based Harassment, the conduct need not involve conduct of a sexual nature. Generally speaking, harassment can be divided into two types of conduct: 1. Quid Pro Quo Harassment. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, academic standing, or participation in any aspect of a College program or activity or is used as the basis for the College’s decisions affecting the individual. 2. Hostile Environment. A hostile environment exists when the conduct is sufficiently severe, pervasive, or persistent that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the College’s education or employment programs and/or activities. Whether conduct is sufficiently severe, pervasive, or persistent is determined both from a subjective and objective perspective. Harassing conduct can take many forms. The determination of whether an environment is hostile is based on the totality of the circumstances, including but not limited to: (1) the frequency of the conduct; (2) the nature and severity of the conduct; (3) whether the conduct was physically threatening; (4) the effect of the conduct on the Complainant’s mental or emotional state, with consideration of whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or College programs or activities; (5) whether the conduct was directed at more than one person; (6) whether the conduct arose in the context of other discriminatory conduct; and (7) whether the conduct implicates concerns related to academic freedom or protected speech. A single isolated incident may create a hostile environment if the incident is sufficiently severe, particularly if the conduct is physical. A single incident of Sexual Assault, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression is typically not sufficient to constitute a hostile environment. Sexual or Gender-Based Harassment: • May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated. • May be committed by anyone, regardless of gender, age, position or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational or employment relationships, harassment can occur in any context.

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• • • • • • •

May be committed by a stranger, an acquaintance, or someone with whom the Complainant has an intimate or sexual relationship. May be committed by or against an individual or may be a result of the actions of an organization or group. May occur by or against an individual of any sex, sexual orientation, gender identity, or gender expression. May occur in the classroom, in the workplace, in residential settings, or in any other setting. May be a one-time event or can be part of a pattern of behavior. May be committed in the presence of others or when the Parties are alone. May affect the Complainant and/or third Parties who witness or observe harassment and are affected by it.

Examples of conduct that may constitute Sexual Harassment as defined above may include a severe, persistent, or pervasive pattern of unwelcome conduct that includes one or more of the following:



Physical conduct, including unwelcome touching, sexual/physical assault, impeding, restraining, or blocking movements, or unwanted sexual advances;



Verbal conduct, including making or using derogatory comments, epithets, slurs or humor; verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations; or objectively offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes;



Visual conduct, including leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons, or posters in a public space or forum; or severe, persistent, or pervasive visual displays of suggestive, erotic, or degrading sexually oriented images that are not pedagogically appropriate;



Written conduct, including letters, notes or electronic communications containing comments, words, or images described above;



Quid pro quo conduct, including direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists; offering educational or employment benefits in exchange for sexual favors; making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades, or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose; or making or threatening reprisals after a negative response to sexual advances.

This Policy is consistent with the College’s commitment to academic freedom and free speech. This commitment requires that the College protect community members’ expression of ideas in their teaching and learning including topics that may be controversial, provocative, or unpopular. This protection extends to the expression of ideas, however controversial, in the classroom, and other campus-related activities. It must be recognized, however, that this protection has its limits. This Policy defines those limits, and conduct which is found to be “harassing” is not consistent with the College’s commitment to academic freedom and free speech. No member of the College community may escape responsibility for engaging in harassing conduct merely by labeling the conduct as “speech” or other expressive activity.

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SEXUAL ASSAULT: FORMS Non-Consensual Sexual Penetration “Non-Consensual Sexual Penetration” is having or attempting to sexually penetrate another individual: • By force or threat of force; • Without consent; or • Where that individual is incapacitated and could not have provided consent. Sexual penetration includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact. Non-Consensual Sexual Contact “Non-Consensual Sexual Contact” is having sexual contact with another individual: • By force or threat of force; • Without consent; or • Where that individual is incapacitated and could not have provided consent. Sexual Contact includes intentional contact with the intimate parts of another, causing an individual to touch their own intimate body parts, or disrobing or exposure of another’s private parts without permission. Intimate body parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner. Examples of behavior that would constitute non-consensual sexual penetration or contact include the following: • Engaging in sexual activity with an unconscious or semi-conscious person; • Engaging in sexual activity with someone who is asleep or passed out; • Engaging in sexual activity with someone who has said “no”; • Engaging in sexual activity with someone who is not reciprocating by body movement; • Engaging in sexual activity with someone who is vomiting, unable to stand without assistance, or has to be carried to bed; • Allowing another person to engage in sexual activity with your partner without his or her consent; • Requiring any person to perform any sexual activity as a condition of acceptance into any organization affiliated with the College; • Telling someone you will “out” them if they don’t engage in sexual activity (e.g., threatening to disclose the person’s sexual orientation without their consent); • Having sexual contact with someone under the statutory age of consent; • Telling someone you will fail them or give them a grade different from what they deserve if they don’t agree to engage in sexual activity; or • Facilitating or assisting in a sexual assault including purchasing or providing alcohol or drugs to further a sexual assault.

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SEXUAL EXPLOITATION “Sexual Exploitation” occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of Sexual Exploitation include, but are not limited to: • Prostituting another; • 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; • Non-consensual sharing or streaming of images, photography, video, or audio recording of sexual activity or nudity of the person being exploited, or distribution of such without the knowledge and consent of all Parties involved or possession or distribution of any of the above when they depict a person under the age of 18 regardless of the Parties consent (possession or distribution of child pornography); • Exposing one's genitals or inducing another to expose their own genitals in nonconsensual circumstances; • Knowingly exposing another individual to a sexually transmitted disease or virus without their knowledge; and • Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

STALKING “Stalking” occurs when a person engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. A course of conduct consists of two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Cyber-stalking is a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used. Examples of stalking include, but are not limited to: • Non-consensual communication including in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on web sites, written letters, gifts, or any other communications that are undesired and/or place another person in fear; • Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a person; • Surveillance and other types of observation, whether by physical proximity or electronic means; and • Gathering of information about a person from family, friends, co-workers, and/or classmates. To qualify as stalking, the conduct is not required to be sexual in nature.

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INTIMATE PARTNER VIOLENCE: FORMS “Intimate Partner Violence” includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, spousal, domestic, or other intimate relationship with the Respondent. The College will not tolerate Intimate Partner Violence of any form. Intimate Partner Violence is often referred to as dating violence, domestic violence, or relationship violence. Intimate Partner Violence can encompass a broad range of behavior including, but not limited to, physical violence, sexual violence, psychological and/or emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate Partner Violence may take the form of threats, assault, property damage, violence or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate Partner Violence affects individuals of all sexes, sexual orientations, gender identities, and gender expressions, races and social and economic backgrounds. Dating Violence “Dating Violence” is physical acts of assault or threats of assault, detainment, or unwanted touching committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person subjected to such violence. Whether there was such a relationship will be determined based on, among other factors, the Complainant’s and Respondent’s statements, and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the Parties involved in the relationship. Domestic Violence “Domestic Violence” is physical acts of assault or threats of assault, detainment, or unwanted touching committed by: (1) a current or former spouse or intimate partner of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabiting with, or has cohabitated with, the victim as a spouse or intimate partner; (4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Texas; or (5) any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws in the State of Texas.

DEFINITIONS OF KEY TERMS; OTHER CONSIDERATIONS To provide clarity to all individuals as to the kinds of behavior which constitute Sexual Misconduct, the College further defines key terms which the College will use in evaluating whether Prohibited Conduct has occurred. Affirmative Consent “Affirmative Consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. Affirmative consent is required for any sexual activity to occur between two or more individuals. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other(s) to engage in the sexual activity. It shall not be a valid excuse to alleged lack of affirmative consent that the Respondent believed that the Complainant consented to the sexual activity under either of the following circumstances: (a) The Respondent’s belief in affirmative consent arose from the intoxication or recklessness of the Respondent, or (b) the Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented.

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The following are essential elements of affirmative consent:   







Informed and reciprocal: All Parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way. Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation or pressuring, or by taking advantage of the incapacitation of another individual. Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate a mutually unambiguous willingness to engage in sexual activity. Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given. Not indefinite: Affirmative consent must be ongoing throughout the activity. Consent may be withdrawn by any Party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or is no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately and all Parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity. Not unlimited: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant. Even in the context of a current or previous intimate relationship, each Party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts. Age: The State of Texas considers sexual intercourse with a person under the age of 17 to be unlawful. A person who engages in “unlawful” sexual intercourse as described in the Texas Penal Code does so without effective consent as defined by the College’s Sexual Misconduct Policy. Specifically, there is no effective consent under the College’s Sexual Misconduct Policy where one Party (the “minor”) is under the age of seventeen, and the other Party is more than three years older than the minor. Reports received that allege sexual contact with a person under the age of 17 will be reported to the City of Austin Police Department (or appropriate law enforcement agency if the act occurred outside of the City of Austin) as this conduct could constitute sexual abuse of children.

Force “Force” is the use or threat of physical violence to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity or provide consent. Consent obtained by force is not valid. For the use of force to be demonstrated, there is no requirement that a Complainant resist the sexual advance or request. However, evidence of resistance by the Complainant will be viewed as a clear demonstration of a lack of consent. Intimidation “Intimidation” is the use of implied threats to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity or provide consent. Consent obtained by intimidation is not valid.

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Coercion “Coercion” is the improper use of pressure to compel another individual to initiate or continue sexual activity against that individual’s will. Consent obtained through coercion is not valid. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity, or gender expression and threatening to harm oneself if the other Party does not engage in the sexual activity. When someone indicates, verbally or physically, that they do not want to engage in a particular sexual activity, that they want to stop a particular activity, or that they do not want to go past a certain point of sexual interaction, continued activity or pressure to continue beyond that point can be coercive. The College will evaluate the following in determining whether coercion was used: (a) the frequency of the application of pressure, (b) the intensity of the pressure, (c) the degree of isolation of the person being pressured, and (4) the duration of the pressure. Incapacitation “Incapacitation” is a state where an individual cannot make an informed and rational decision to engage in sexual activity because of a lack of conscious understanding of the fact, nature, or extent of the act (e.g., to understand the “who, what, when, where, why, or how” of the sexual interaction) and/or is physically helpless. For example, an individual is incapacitated, and therefore unable to give consent, if the individual is asleep, unconscious, or otherwise unaware that sexual activity is occurring. An individual will also be considered incapacitated if the person cannot understand the nature of the activity or communicate due to a mental or physical condition. Incapacitation may result from the use of alcohol, drugs, or other medication. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impacts an individual’s: (1) decision-making ability; (2) awareness of consequences; (3) ability to make informed judgments; or (4) capacity to appreciate the nature and the quality of the act. It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances: (a) the Complainant was asleep or unconscious; (b) the Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity; (c) the Complainant was unable to communicate due to a mental or physical condition. Whether the Respondent reasonably should have known that the Complainant was incapacitated will be evaluated using an objective reasonable person standard. The fact that the Respondent was actually unaware of the Complainant’s incapacity is irrelevant to this analysis, particularly where the Respondent’s failure to appreciate the Complainant’s incapacitation resulted from the Respondent’s failure to take reasonable steps to determine the Complainant’s incapacitation or where the Respondent’s own incapacitation (from alcohol or drugs) caused the Respondent to misjudge the Complainant’s incapacity. It is the responsibility of each Party to be aware of the intoxication level of the other Party before engaging in sexual activity. In general, sexual activity while under the influence of alcohol or other drugs poses a risk to all Parties. If there is any doubt as to the level or extent of the other individual’s intoxication, it is safest to forgo or cease any sexual contact or activity. Being intoxicated by drugs or alcohol is no defense to any violation of this Policy and does not diminish one’s responsibility to obtain consent. P a g e | 36

Prohibited Relationships by Persons in Authority Sexual or other intimate relationships in which one Party engages in a supervisory or evaluative role over the other Party are prohibited. In general, this includes all sexual or other intimate relationships between students and their professors, coaches, advisors, employers, supervisors, or other College employees. Similarly, College employees (faculty and staff) who supervise or otherwise hold positions of authority over others are prohibited from having a sexual or other intimate relationship with an individual under the employee’s supervision. The College does not wish to interfere with private choices by adults regarding personal relationships when these relationships do not interfere with the goals and policies of the College. However, faculty, administrators, and others who educate, supervise, evaluate, employ, counsel, coach, or otherwise guide students should understand the fundamentally asymmetrical nature of the relationship they have with students, employees (as applicable), or subordinates. Intimate or sexual relationships where there is a differential in power or authority produce risks for every member of our community and undermine the professionalism of faculty and supervisors. In either context, the unequal position of the Parties presents an inherent element of risk and may raise sexual harassment concerns if one person in the relationship has the actual or apparent authority to supervise, evaluate, counsel, coach, or otherwise make decisions or recommendations as to the other person in connection with their employment or education at the College. Sexual relations between persons occupying asymmetrical positions of power, even when both consent, raise suspicions that the person in authority has violated standards of professional conduct and potentially subject the person in authority to charges of sexual harassment based on changes in the perspective of the individuals as to the consensual nature of the relationship. Similarly, these relationships may impact Third-Parties based on perceived or actual favoritism or special treatment based on the relationship. Any evidence that demonstrates that a person in a position of authority over another is engaging in an intimate or romantic relationship with someone whom they are teaching, mentoring, evaluating, supervising, counseling advising, or the like shall be prima facie evidence of a violation of this policy regardless of whether the conduct is or continues to be wanted or reciprocated. Evidence that such relationships occurred in the past will also be considered prima facie evidence of a violation of this policy. Retaliation Retaliation includes adverse action taken against a person for making a good faith complaint or report of Prohibited Conduct or participating in any proceeding under this Policy. Adverse action includes conduct that threatens, intimidates, harasses, coerces or in any other way seeks to discourage a reasonable person from engaging in activity protected under this Policy. Retaliation can be committed by or against any individual or group of individuals, not just a Respondent or Complainant. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of Prohibited Conduct. The College will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting Prohibited Conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven. Employees who believe they may have been discriminated against may get more information on filing a complaint through Texas Workforce Commission by visiting: http://www.twc.state.tx.us/jobseekers/howsubmit-employment-discrimination-complaint

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8. PRIMARY PREVENTION AND AWARENESS PROGRAMS & ONGOING PREVENTION AND AWARENESS PROGRAMS FOR STUDENTS AND EMPLOYEES The College provides crime prevention and security awareness training that encourages students and employees to be responsible for their own safety and the safety of others. The College also strives to provide comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that: 

Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and



Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

Every month of the year training is available to make ACC a safer place for all. In the 2016-2017 academic year, approximately 3 programs were offered per month. The educational programming consists of primary prevention and awareness programs for all incoming students and new employees, and ongoing awareness and prevention campaigns that address:   

 

ACC prohibition of the crimes of domestic violence, dating violence, sexual assault and stalking (as defined by the Clery Act) Reporting options Safe and positive options for bystander intervention. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene (more on this topic below). Information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence (more on this topic below). Information regarding existing on and off campus counseling, health, and mental health services.

Below is a list of the primary and ongoing prevention and awareness programs for students in the 2016-2017 academic year. It is followed by a table listing employee programs.

Name of Program

Date Held

Location Held

Topics Covered

Healthy Relationships Success Series Workshops for students

Year Round

All Campuses

Primary Prevention and Awareness Training on: Bystander intervention, sexual assault prevention, healthy relationships, preventing dating violence. Vendors tabled on campuses on community resources.

Student Life’ Organization Orientation “Nuts and Bolts”

Year Round

All Campuses

Reporting sexual violence, sexual harassment, or other harassment

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Name of Program

Date Held

Location Held

Topics Covered

Riverbat Bash

September

All Campuses

Security awareness and crime prevention. Bystander intervention literature.

February Red Ribbon Week

October

Online and at Hays, Rio Grande and Round Rock campuses

Drug and alcohol abuse prevention. Handout of brochures and other resources, drug and alcohol screenings and referrals, outside vendors. Student Life Health Fair.

It’s On Us Campaign

February

Public Service Announcements

Handout of brochures, Clothesline Project, Student Life public service announcement (PSA)

Tables at 3 Riverbat Bashes with literature on bystander intervention Spring Break Survivor

March

All Campuses

Personal safety and travel tips, drug and alcohol facts, information on drug and alcohol abuse prevention, overdose prevention, DWI awareness, sexual assault prevention and awareness, information regarding the use of date rape drugs, information about bystander intervention, psycho-educational game: safety pong. Spring Break Stay Safe social media campaign

Wellness Fair

April

All Campuses

Handout of Drug and Alcohol Prevention Program brochures, alcohol overdose handout, psycho-educational game: safety pong.

It’s On Us Campaign

April

All Campuses

Spring Action Week: Handout of brochures re: bystander intervention and sexual violence, Clothesline Project and pledge signing, Student Life public service announcement (PSA)

Tables at 3 Riverbat Bashes with literature on bystander intervention

Hunting Ground screening and follow up with led conversations with District Counselling team and overview of campus resources.

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The College offered the following primary and ongoing prevention and awareness programs for employees in the 2016-2017 academic year: Name of Program

Date Held

Location Held

Topics Covered

New employee orientation

Year Round

Highland Business Center

Security awareness and crime prevention. Prohibition of dating violence, domestic violence, sexual assault, sexual harassment and stalking. Reporting procedures.

Sexual Harassment online training

Year Round

Online training

Required upon hire and every 2 years.

Student Life’ Organization Orientation “Nuts and Bolts” for faculty and staff advisors to student organizations

Year Round

All Campuses

Reporting sexual violence, sexual harassment, or other harassment

Riverbat Bash

September

All Campuses

Security awareness and crime prevention. Bystander intervention literature.

February Red Ribbon Week – drugfree workplace

October

Online and at Hays, Rio Grande and Round Rock campuses

Drug and alcohol abuse prevention. Handout of brochures and other resources, drug and alcohol screenings and referrals, outside vendors.

Spring Break Survivor

March

All Campuses

Personal safety and travel tips, drug and alcohol facts, information on drug and alcohol abuse prevention, overdose prevention, DWI awareness, sexual assault prevention and awareness, information regarding the use of date rape drugs, information about bystander intervention, psycho-educational game: safety pong. Spring Break Stay Safe social media campaign

SAFE training for faculty and staff

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April

Focus was on sexual violence education, prevention and resources. Topics included: domestic violence, child abuse, sexual assault prevention. Overview of Title IX reporting and resources.

HOW TO BE AN ACTIVE BYSTANDER

Bystanders play a critical role in the prevention of sexual and relationship violence. They are “individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.”2 We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. We may not always know what to do even if we want to help. Below is a list3 of some ways to be an active bystander. Further information regarding bystander intervention may be found. If you or someone else is in immediate danger, call campus police dispatch at 512-223-7999. To reach local first responders, dial 911.This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt. 1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are ok. 2. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated. 3. Speak up when someone discusses plans to take sexual advantage of another person. 4. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking. 5. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

RISK REDUCTION

With no intent to victim blame and recognizing that only abusers are responsible for their abuse, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network, www.rainn.org) 1. Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation. 2. Try to avoid isolated areas. It is more difficult to get help if no one is around. 3. Walk with purpose. Even if you don’t know where you are going, act like you do. 4. Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be. 5. Try not to load yourself down with packages or bags as this can make you appear more vulnerable. 6. Make sure your cell phone is with you and charged and that you have cab money. 7. Don't allow yourself to be isolated with someone you don’t trust or someone you don’t know. 8. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone. 9. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation. 10. Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). 11. Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.

2

Burn, S.M. (2009). A situational model of sexual assault prevention through bystander intervention. Sex Roles, 60, 779792. 3

Bystander intervention strategies adapted from Stanford University’s Office of Sexual Assault & Relationship Abuse

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12. Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers. 13. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately. 14. If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others). 15. If you need to get out of an uncomfortable or scary situation here are some things that you can try: a. Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame. b. Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with. c. Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave. d. Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc. 16. Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby? 17. If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.

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9.

EMERGENCY NOTIFICATIONS AND TIMELY WARNINGS/CRIME ALERTS

DEFINITIONS

The ACC Police Department evaluates all reports of crime in a timely manner to determine whether an emergency notification or timely warning/crime alert should be initiated to the campus community. The purpose of the notifications is to keep students and employees informed about threats to their safety and health. The notifications, issued via “ACC Emergency Alert,” are made in a manner that allow members of the campus community to protect themselves, and in a manner that will aid in the prevention of similar crimes.

Emergency Notification: an emergency notification is required upon the confirmation of a significant emergency or dangerous situation occurring on or near ACC property involving an immediate threat to the health or safety of students or employees. Confirmation: an institution official has verified that a legitimate emergency or dangerous situation exists (confirmation doesn’t necessarily mean that all of the pertinent details are known or even available). Timely Warning: also known as a “Crime Alert”, a timely warning is required for any Clery Act crime that is reported and is considered to represent a serious or continuing threat to the safety of students or employees. ACC Emergency Alert: the system by which emergency notifications and timely warning/crime alerts are issued. Students and employees are automatically registered to receive ACC Emergency Alerts via email. Where a cell phone number is on file, students and employees are automatically registered to receive ACC Emergency Alerts via text message. ISSUING AN EMERGENCY NOTIFIC ATION

As soon as ACC has confirmed that a significant emergency or dangerous situation exists and presents an immediate threat to the health or safety of students or employees, ACC will:  Take into account the safety of the campus community  Determine what information to release about the situation, and  Begin the notification process. The only reason to withhold an emergency notification is if doing so, in the professional judgment of responsible authorities will compromise efforts to assist a victim or contain, respond to, or otherwise mitigate the emergency. The institution officials responsible for making the decision whether an emergency notification will be issued are the Chief of Police or his designee, the Emergency Management Coordinator, and/or the Clery Compliance Officer. If time allows, this decision will be made in consultation with the Executive VP of Campus Operations and the Executive Director of Public Information and College Marketing (PICM) or their designees.

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A message will be sent every 30 minutes, even if the information remains the same, until the situation is under control and at appropriate intervals thereafter until the all-clear can be given.

CONFIRMING A SIGNIFI CANT EMERGENCY OR DANGEROUS SITUATION ON CAMPUS

Once Campus Police receives an emergency report, the credibility of the caller or report (known entity vs. anonymous), the specificity of the information, and the urgency of the threat to property owned or controlled by ACC and its occupants will be evaluated. If there is good credibility and specificity and the threat appears imminent, an emergency will be confirmed. Reports may be received in the following manners:  Phone call to Dispatch by a Campus Security Authority, student, faculty or staff member or a visitor  Phone call or visit to a campus police office or officer  Local news media  TLETS (Texas Law Enforcement Telecommunications System)  Fire alarm devices  Security alarms  Security cameras  Report by another law enforcement agency Reports triggering emergency notification may also be received by the Emergency Management Coordinator in the following manner:  The National Weather Service and/or NOAA weather radio  Report from a Public Health Department

CONTENT AND DISTRIBUTION OF THE EMERGENCY NOTIFICATION

In the case where an emergency notification must be issued immediately, the initial message will be brief and sometimes pre-scripted. Where a pre-scripted message is unsuitable for the emergency, the Chief of Police, Emergency Management Coordinator and/or Clery Compliance Officer will develop an appropriate message. The same individuals will develop the content of follow-up emergency notification messages and may do so in consultation with the Executive VP of College Operations and the Executive Director of Public Information and College Marketing, or their designees. The content of the emergency notification will provide information and instructions to help members of the campus community take immediate action to protect themselves. Emergency notifications must be distributed in a manner reasonably likely to reach the affected students, faculty, staff, visitors and contractors without delay. To ensure all those affected are warned, emergency notifications will be sent via the following methods, at a minimum:  emails (district-wide)  text messages (district-wide) Other means of communication will be used as deemed appropriate under the circumstances such as posting to campus-specific emergency message boards, posting to the ACC home page, ACC Emergency page, posting to the ACC Newsroom and to social networks. The local news media may be utilized to disseminate emergency information to members of the larger community, including neighbors, parents and other interested parties. The larger community can also access emergency information via the ACC homepage.

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ISSUING A TIMELY WARNING/CRIME ALERT

A timely warning/crime alert will be issued, as soon as pertinent information is available, for any Cleryreportable crime that is considered a serious or continuing threat to students and employees, that occurs within the ACC Clery Geography (On Campus, Public Property and Non-campus property). The Chief of Police or his designee is responsible for making the decision whether a timely warning/crime alert will be issued considering:  Nature of the crime  Continuing danger  Risk of compromising law enforcement efforts This decision is made in consultation with the Clery Compliance Officer. If time allows, this decision will also be made in consultation with the Executive VP of College Operations and the Executive Director of Public Information and College Marketing (PICM), or their designees. A timely warning may be issued regarding other (non-Clery Act) crimes as deemed necessary by the Chief of Police or his designee, in consultation with Executive Director of PICM, or her designee. These are also known as public safety advisories. If an emergency notification for a Clery crime is issued, a timely warning will not be issued as well.

DETERMINING WHETHER A CONTINUING THREAT EXISTS (TIMELY WARNING)

Whether a reported crime constitutes a continuing threat must be decided on a case-by-case basis in light of all the facts surrounding a crime, including factors such as the nature of the crime, the continuing danger to the campus community, and the possible risk of compromising law enforcement efforts. Examples of crimes that could constitute a continuing threat include but are not limited to:  a serial crime that targets certain campus populations such as sex crimes or race-based crimes in which the perpetrator has not been apprehended; or  a crime in which there is no apparent connection between perpetrator and victim and the perpetrator has not been apprehended. Timely Warnings are typically issued for the following Uniform Crime Reporting Program (UCR)/National Incident Based Reporting System (NIBRS) crime classifications:  Murder/Non-Negligent Manslaughter  Aggravated Assault (cases involving assaults among known parties, such as two acquaintances fighting which results in an aggravated injury, will be evaluated on a case-by-case basis to determine if the individual is believed to be an ongoing threat to the larger ACC community)  Robbery involving force or violence (cases including pick pocketing and purse snatching will typically not result in the issuance of a Timely Warning Notice, but will be assessed on a case-by-case basis)  Sexual Assault (considered on a case-by-case basis depending on the facts of the case, when and where the incident occurred, when it was reported, and the amount information known by the Title IX Coordinator or ACC Police). In cases involving sexual assault, they are often reported long after the incident occurred, thus there is no ability to distribute a “timely” warning notice to the community. All cases of sexual assault, including stranger and non-stranger/acquaintance cases, will be assessed for potential issuance of a Timely Warning Notice.  Major incidents of Arson  Other Clery crimes as determined necessary by the Chief of Police, or his designee.

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CONTENT AND DISTRIBUTION OF THE TIMELY WARNING/CRIME ALERT

The content of timely warning/crime alert messages is developed jointly by the Chief of Police and Clery Compliance Officer. As time permits, the content may be developed in consultation with the Executive VP of College Operations and the Executive Director of College Marketing, or their designees. The content of the timely warning message will contain sufficient information about the threat to allow members of the campus community to take action to protect themselves. Timely warnings/crime alerts are typically distributed by the Clery Compliance Officer, or designee and are distributed as soon as pertinent information is available, in a manner that withholds the names of victims as confidential, and with the goal of aiding in the prevention of similar occurrences. To ensure all those affected are warned, timely warnings will be sent district-wide via the following methods, at a minimum:  emails (district-wide)  text messages (district-wide) Other means of communication will be used as deemed appropriate under the circumstances such as posting to the ACC home page.

Personally identifying information may be included in a timely warning/crime alert. Although personally identifiable information is generally protected from disclosure, the release of such information is permitted in an emergency situation. The decision to include this information will be made on a case by case basis.

TESTING OF COMMUNICATION PROCEDURES

Communication procedures are tested three times per year during Emergency Preparedness Week (held the 3rd week of every semester). At a minimum, ACC activates the systems controlling emergency message boards/speakers and District-wide email/text messaging. The emergency test message is posted to the ACC home page and Emergency web page. Other communication methods are tested periodically. Feedback is collected from all campuses and improvements are made to the operation of the systems.

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10.

EMERGENCY RESPONSE AND EVACUATION PROCEDURES

PUBLICIZING ACC EMER GENCY PROCEDURES

To assist the ACC campus community in becoming familiar with emergency response and evacuation procedures, the following methods are used throughout the year:  orientation sessions for new students and employees,  formal presentations to college associations and departments,  in classes and meetings via instructors and mangers/supervisors who are expected to know ACC emergency procedures and review them with their students and staff at the beginning of each semester,  emergency procedures posters and campus safety plans posted in classrooms and public spaces (at Pinnacle Campus an additional poster describes the expected response to a high-rise fire alarm activation),  the emergency web page www.austincc.edu/emergency where detailed procedures and additional resources can be found,  ACC emergency procedures mobile app, and  via communications during ACC’s Emergency Preparedness Week. Emergency Procedure

Included on Classroom Poster

Included on Web Site

Included on Mobile App







Area of Rescue Assistance





Biological Threat





Bomb Threat, Suspicious Package





Active Shooter

Building Evacuation







Fire











Hazardous Materials How to Report an Emergency







Medical Emergency







Severe Weather







ACC EMERGENCY PREPAR EDNESS WEEK

The purpose of Emergency Preparedness Week (EPW), held the 3rd week of every semester, is to conduct drills, test equipment and publicize ACC emergency procedures. The ACC emergency management coordinator, a member of the Environmental Health, Safety and Insurance department, coordinates EPW activities. The 2016-2017 academic year Emergency Preparedness Weeks were: Sept 12th - 18th, January 30th – February 5th, and June 12th - 18th. Drills are designed to include students, employees, vendors, visitors, ACC Police and campus emergency teams. They are evaluated to identify strengths and opportunities for improvement. Documentation is maintained for compliance purposes. As discussed previously, emergency communications equipment, procedures and systems are tested during Emergency Preparedness Week. Response and evacuation procedures are publicized during Emergency Preparedness week via web, social media and daily emails to students, faculty and staff.

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ACC EMERGENCY RESPONSE PROCEDURES

Under the Clery Act, ACC is required to immediately notify the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. Upon notification, and according to the publicized ACC Emergency Procedures, students, faculty, staff and visitors are expected to take action to protect themselves. At ACC’s traditional campuses, campus emergency teams - volunteers who act according to their training, under the direction of the campus manager and in cooperation with ACC Police - are in place to help implement ACC Emergency Procedures. The procedures are featured on this poster which is displayed conspicuously in classrooms and public spaces:

Posted at Traditional Campuses

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Posted at ACC Centers

EMERGENCY EVACUATION PROCEDURES

The emergency evacuation procedures are tested once per year at each campus. Students and employees learn the locations of the emergency exits in the buildings and are provided guidance about the direction they should travel when exiting each facility for a short-term building evacuation. The designated locations for longterm evacuations are not disclosed because those decisions are affected by time of day, location of the building being evacuated, the availability of the various designated emergency gathering locations on campus, and other factors such as the location and nature of the threat. In either case, staff on the scene will communicate information to students and employees regarding the developing situation or any evacuation status changes. ACC has no residence halls and therefore is not required to do annual fire drills. We do, however, conduct building evacuation drills. The purpose of evacuation drills is to prepare building occupants for an organized evacuation in case of a fire or other emergency. At ACC evacuation drills are used as a way to educate and train occupants on fire safety issues specific to their building. During the drill, occupants ‘practice’ drill procedures and familiarize themselves with the location of exits and the sound of the fire alarm. At the sound of a fire alarm or if you are instructed to evacuate, leave your work area immediately and proceed to the nearest exit, and leave the building. If you are the first to recognize a fire situation, activate the alarm, evacuate to a safe location using the nearest exit, and notify ACC Police Dispatch at 512-223-7999 or local first responders by calling 911. 1. You are responsible for your own safety but you also have a responsibility to others. Stay calm. 2. When the fire alarm sounds, or when otherwise directed to leave the building, make sure other people in your immediate area are aware of the need to evacuate. Where possible, stay together and account for those in your group. 3. Close but DO NOT LOCK doors as you leave. Take valuables with you (if in the same room) but leave large bags behind. Turn off unnecessary equipment if possible. 4. Know the locations of primary and alternate exits. During an emergency, walk to the nearest safe exit and evacuate the building. Do not use the elevators during a fire- or weather-related emergency. If you are in an unfamiliar area follow the exit signs to the nearest safe exit. 5. Use an Area of Rescue Assistance if you cannot use the stairs. Make sure your location is known to a campus emergency coordinator (wearing an orange vest). Specialized assistance and rescue will be performed by Fire Department personnel. 6. Once outside, go to your assigned rally point as marked on your campus safety plan. Report to your Instructor or Supervisor/Manager. Try to account for everyone in your group. Report those missing to an emergency coordinator. Do not leave the area unless you are told to do so. 7. Emergency coordinators are available at ACC campuses to provide assistance and respond to unforeseen problems. Follow their instructions. 8. Do not re-enter the building until you have been notified by the administrator-in-charge to do so. First responders often silence the alarm in order to communicate with each other. Silencing the alarm is NOT a signal for occupants to re-enter!

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11. DRUG AND ALCOHOL PREVENTION PROGRAMS FOR STUDENTS AND EMPLOYEES

Student and employees are encouraged to read and understand information about the college’s drug and alcohol abuse prevention programs (DAAPP) and their compliance with the DrugFree Schools and Campuses Regulations (34 CFR Part 86) and the U.S. Department of Education’s Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226).

In compliance with the Drug Free Schools and Communities Act, ACC publishes information regarding the College’s educational programs related to drug and alcohol abuse prevention; sanctions for violations of federal, state, and local laws and College policy; a description of health risks associated with alcohol and other drug use; and a description of available treatment programs for ACC students and employees. A complete description of these topics, as provided in the College’s annual notification to students and employees, is available online. For employees: http://www.austincc.edu/offices/humanresources/drug-and-alcohol-abuse-prevention-program/daapp-foremployees For students: http://www.austincc.edu/drug-free-schools-and-collegeprevention-program

CONSEQUENCES OF DRUG USE – STUDENTS AND EMPLOYE ES

People who use alcohol or drugs persistently face an array of problems, including: Health - Drug or alcohol abuse can lead to high blood pressure, malnutrition, cirrhosis of the liver, delirium tremors, deterioration of the brain cells, lethargy, depression, irritability, and collapse of heart and other major organ systems. Social - Excessive alcohol or drug use can cause tension and embarrassment at social functions. Finances - Those who abuse drugs or alcohol risk financial problems from overspending on their habit and/or neglecting personal finances. Relationships - Families can be disrupted emotionally and economically. Angry outbursts or unreasonable behavior may cause friction. Class Performance - Class performance may become erratic and lead to disciplinary action up to and including expulsion. Work Performance - May cause a deterioration in work performance, conflict avoidance, and disruptions with interpersonal work relationships.

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HEALTH RISKS AND LEGAL PENALTIES ASSOCIATED WITH ALCOHOL AND OTHER DRUG ABUSE

DRUG NAME

EFFECTS OF DRUG

(Beer, wine, liquor, malt liquor)

• • • • • •

Marijuana & Hashish

• Short-term memory impairment • Learning, mental health decline • Decreased ability to focus and

Alcohol

High blood pressure Heart disease Stroke Liver disease Digestive problems Cancer of breast, mouth, throat, liver, and colon • Dementia • Depression and anxiety

coordination

(Blunt, dope, ganja, pot, reefer, skunk, weed, joint)

• Increased heart rate and risk of

Cocaine/Crack

• Severe consequences impacting heart,

(Blow, bump, C, candy, Charlie, flake, rock, snow)

Opiates (Heroin, morphine, opium, codeine, Vicodin, fentanyl, carfentanil)

Hallucinogens

psychosis to those who are vulnerable respiratory, nervous and digestive systems. • Increased risk of choking • Low blood pressure • Potential for breathing to stop

and/or coma

• Hepatitis • HIV • Addiction and fatal overdose • Unpredictable effects • Possible visual, auditory, and tactile

hallucinations

(PCP, LSD, peyote, magic mushrooms, ecstasy, mescaline, psilocybin)

• Flashbacks and perception

Amphetamines

• Various harmful and long-lasting

(Benzedrine, dexedrine, speed, crystal, crank)

• Heart problems • Seizures

Sedatives and Antianxiety

• Memory problems • Low blood pressure • Slowed breathing; may also cause

(Valium, Quaalude, reds, phennies)

disorders

PENALTIES

• Texas law defines penalties for anyone

convicted of the manufacture, distribution, dispensation, possession, or use of controlled substances. • Misdemeanor convictions for work-

place and campus drug violations can result in a fine, community service, and incarceration of up to a year. Details: tabc.state.tx.us/laws/code_and_rules.asp (Alcoholic Beverage Code). • Penalties for violations are based on

the classification of the drug or other substance and/or sometimes specified by drug name, i.e., marijuana. A substance doesn’t have to be listed as a controlled substance to be treated as a substance for criminal prosecution. • Penalties may include fines up to

$10 million (for an individual) or $50 million (if other than an individual) or both, and up to life imprisonment without release (no eligibility for parole). See federal drug trafficking penalties at: dea.gov/druginfo/ftp3.shtml

effects to the brain

coma or death

Title 21 of the U.S. Code (USC) Controlled Substances Act (CSA) describes the acts and criminal penalties associated with illicit drugs and actions related to alcohol abuse. Read a full version of the code at: deadiversion.usdoj.gov/21cfr/21usc/index.html (Subchapter 1; Control and Enforcement Part D — Offenses and Penalties, Sections 841 through 865.)

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ACC POLICIES ON ALCOHOL/ILLEGAL DRUGS AND COLLEGE PENALTIES – STUDENTS AND EMPL OYEES

STUDENTS ACC Policies on Alcohol and Illegal Drugs

EMPLOYEES

ACC complies with local, state, and federal laws and penalties regarding the unlawful use of drugs and alcohol, including the possession of illegal drugs and drug paraphernalia on ACC premises and the unlawful possession, use or sale of alcoholic beverages on college premises. The unlawful manufacture, distribution, sale, dispensing, possession, or use of a controlled substance on ACC premises is prohibited. The ACC Police Department has primary responsibility for the enforcement of State underage drinking laws as well as the enforcement of Federal and State drug laws.

In addition to criminal penalties that may apply, ACC will impose discipline on any student who violates the Drug and Alcohol Abuse Prevention Program (DAAPP) (Administrative Rule 3.10.002), Student Standards of Conduct (Administrative Rule 1.04.006), and/or rules prohibiting alcoholic beverages at ACC Student Life- sponsored events (Administrative Rule 1.01.004). Find ACC’s Student Standards of Conduct at: austincc.edu/student-standards-ofconduct.

College Penalties

ACC disciplinary procedures are outlined in the ACC catalog and student handbook (Student Regulations, Policies and Procedures, Student Standards of Conduct). Penalties for students who violate Standards of Conduct policies include, but are not limited to: • Written reprimand • Warning • Loss of privileges/access • Removal from course(s) • Suspension • Expulsion See more at: austincc.edu/drug-andalcohol-free- campus/college-penalties.

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In addition to criminal sanctions that may apply, ACC will impose discipline on any employee who violates college policies relating to the Drug Free Workplace and Drug Free Schools and Communities Act (Administrative Rule 3.03.003) or to standards of ethical conduct (Administrative Rule 6.11.001).

Violations of ACC standards of conduct refer to an employee’s failure to meet responsibilities and are subject to general disciplinary action in accordance with the college policies cited above. Penalties for employees who violate college policies include: • Oral reprimand • Warning • Probation • Mandatory EAP • Suspension • Termination

RESOURCES AND SUPPOR T

STUDENTS

EMPLOYEES

AWARENESS ACTIVITIES

Drug and alcohol awareness activities will take place in October in conjunction with the Red Ribbon Campaign. Screenings and information-sharing will take place. About Red Ribbon Week: The National Family Partnership organized the first nationwide Red Ribbon Campaign. NFP provides drug awareness by sponsoring the Annual National Red Ribbon Celebration. Since its beginning in 1985, the Red Ribbon has touched the lives of millions of people around the world. In response to the murder of DEA Agent Enrique Camarena, angered parents and youth in communities across the country began wearing red ribbons as a symbol of their commitments to raise awareness of the killing and destruction caused by drugs in America. For more information go to www.redribbon.org P a g e | 53

BIENNIAL REVIEW

Austin Community College is committed to conducting an annual review of its program to: (a) determine its effectiveness and implement changes if they are needed; (b) ensure that the drug, alcohol and inhalant abuse violations and sanctions are imposed by the District are consistently enforced; and (c) prepare a biennial review report approved by ACC's President/CEO to meet full compliance with the Education Department General Administrative Regulations (EDGAR) 34 CFR Part 86.100.

The biennial review report for students is available at http://www.austincc.edu/drug-free-schools-andcollege-prevention-program/biennial-review. The biennial review report for employees is available at http://www.austincc.edu/offices/humanresources/drug-and-alcohol-abuse-prevention-program/biennial-review.

12. WEAPONS: ACC’S CAMPUS CARRY POLICY ACC's Campus Carry Policy ensures compliance with Section 411.2031 of the Texas Government Code (also known as Campus Carry law), while maintaining ACC's commitment to provide a safe environment for its students, faculty, staff, and visitors. As a public community college, ACC was required by law to implement the campus carry legislation, Texas Senate Bill 11 (SB 11), allowing Licensed to Carry (LTC) holders to carry a concealed handgun on public college campuses. Per the law, the college's policy took effect August 1, 2017. For more information visit www.austincc.edu/campus-carry

OPEN CARRY OF HANDGU NS

a. All persons, including License to Carry (LTC) Holders, are prohibited from OPENLY carrying a handgun or other firearm on any Austin Community College District Campus. The prohibition on weapons and the open carry of firearms includes any public driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area on any Austin Community College District Campus. It is a violation of Texas law (Texas Penal Code), the Student Code of Conduct, and the Employee Handbook, to openly carry a handgun or other firearm on any Austin Community College District Campus. b. Officer Training or Color Guard firearms or weapons may be used on the Austin Community College District campuses in connection with ROTC/Color Guard related programs, events, or activities.

CARRYING OF A CONCEALED HANDGUN BY A LICENSED TO CARRY HOLDER (LTC)

a. Unless otherwise prohibited by law or this policy, a License to Carry (LTC) Holder may carry a Concealed Handgun while on any Austin Community College District campus (including public driveways, streets, sidewalks or walkways, parking lots, parking garages, and other parking areas). License to Carry (LTC) Holders are expeced to and must strictly comply with this policy and applicable law. License to Carry (LTC) Holders shall not carry their Concealed Handgun into the Exclusion Zones designated by the Austin Community College District President. b. While the Austin Community College District will employee all reasonable means to delineate Exclusion Zones by signage in accordance with Texas law, it is the responsibility of the License to Carry (LTC) Holder to P a g e | 54

know, understand, and follow this policy and applicable law while on any Austin Community College District Campus. c. When carrying a Concealed Handgun on any Austin Community College District Campus, a License to Carry (LTC) Holder must carry their handgun on or about their person. For purposes of this policy and subject to the requirements of Texas law, on or about their person means "close at hand" and within such distance of the License to Carry (LTC) Holders so that without materially changing positions, the License to Carry (LTC) Holder can place his or her hand on the handgun. d. A License to Carry (LTC) Holder may not carry a partially or wholly visible handgun, or intentionally, knowingly, or recklessly display a handgun in plain view of another person (even if holstered) on any Austin Community College District Campus, including public driveways, streets, sidewalks and walkways, parking lots, and parking garages, and other parking areas. e. An employee who is a License to Carry (LTC) Holder may carry a Concealed Handgun into his or her work area, unless prohibited under this policy; but is not authorized by Austin Community College District to use the handgun in the course and scope of performing his or her duties. Any employee whose possession, storage, or use of a handgun results in personal injury or property damage is personally liable for the injury or damage, and is not entitled to immunity under Section 411.208 of the Texas Government Code. f. A License to Carry (LTC) Holder fails to use reasonable care when he or she does not exercise the standard of care that a reasonable or prudent person would exercise in similar circumstances, or if the License to Carry (LTC) Holder takes action, which a reasonable or prudent person would not take. Examples when a License to Carry (LTC) Holder fails to use reasonable care including and without limitations:  Failing to keep or maintain backpack, purse, or other similar bag or carryall with a handgun on or about their person at all times while on any Austin Community College District Campus.  Failing to carry a handgun in a holder or holster that completely covers the trigger and trigger guard area.  Failing to use a holder or holster which has sufficient tension or grip to retain it in the holder or holster even when subjected to unexpected jostling.  Failing to immediately report the loss or theft of their handgun on campus to the Austin Community College District Police Department.  Failing to conceal a handgun properly during any classroom, lab, or work area involving bodily movements or physical activity.

DISCLOSURE OF LICENSE TO CARRY (LTC) HOLDER STATUS NOT RE QUIRED

a. License to Carry (LTC) Holders are not required to disclose their status as a License to Carry (LTC) Holder to any Austin Community College District employee, faculty member, trainee, or student other than a law enforcement officer. b. The Austin Community College District will not maintain a list of License to Carry (LTC) Holders.

HANDGUN STORAGE

a. Austin Community College District will not provide handgun storage lockers for License to Carry (LTC) Holders. b. A License to Carry (LTC) Holder may lawfully store their handgun or ammunition in a locked, privately owned motor vehicle on any driveway, street, parking lot, parking garage, or other parking area provided by or under the control of the Austin Community College District. P a g e | 55

c. A License to Carry (LTC) Holder shall not leave a handgun unattended anywhere on any Austin Community College District Campus, regardless of whether stored in a locked container, desk drawer, cabinet, office, backpack, purse, or other similar bag or carryall. d. A License to Carry (LTC) Holder may not intentionally, knowingly, or recklessly display a handgun in plain view of another person except as necessary to properly store the handgun in a privately owned motor vehicle.

AUTHORITY TO DESIGNA TE EXCLUSION ZONES

Only the President of the Austin Community College District has the authority to declare additional, specific premises or areas as Exclusion Zones. Except as provided in this policy, without the express written consent of the President, no Austin Community College District faculty member, employee, student, or student group may declare a specific premise or area as an Exclusion Zone.

VIOLATIONS OF POLICY

Any individual who violates this policy may be subject to disciplinary actions, up to and including termination of employment or non-renewal of appointment, dismissal from an educational program, or termination of a business relationship, and may be subject to criminal prosecution.

13.

MISSING STUDENT NOTIFICATION POLICY

The requirement to have a missing student notification policy applies only to institutions that maintain oncampus student housing. ACC has no on-campus or off-campus residential housing at this time, therefore no policy is required. However, the ACC Police Department complies with Public Law 108-21, Title II, Sec. 204 which is more commonly known as "Suzanne's Law". This law amends Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C. 5779(a)) so that there is no waiting period before law enforcement agencies initiate an investigation of a missing person under the age of 21 and report the missing person to the National Crime Information Center of the Department of Justice. To report a missing person, contact ACC Police at 512-223-1231 or talk to an officer on campus.

14. ANNUAL FIRE SAFETY REPORT The requirement to submit an Annual Fire Safety Report applies only to institutions that maintain on-campus student housing, therefore no annual fire safety report is required.

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APPENDIX A - CRIME STATISTICS BY CAMPUS FOR 2014 – 2016 In the tables that follow, Clery crime statistics are presented for calendar years 2014 to 2016. Non-campus property can vary from year to year. To make reading the tables easier, cells containing non-zero statistics are highlighted.

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ACC FIRE ACADE MY

ACC Fire Academy Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 58

ACC Fire Academy Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 59

CLINICAL E DUCATION CENTER

Clinical Education Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 60

Clinical Education Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 61

CROCKETT HIGH SCHOOL Crockett High School Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

1

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

2

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

2

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

1

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 62

Crockett High School Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

N/A

2015

1

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

2

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

8

0

N/A

2014

2

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 63

CYPRESS CREEK CAMPUS

Cypress Creek Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

1

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 64

Cypress Creek Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

1

0

0

2016

0

1

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 65

EASTVIEW CAMPUS

Eastview Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

1

0

2015

0

0

0

2014

0

1

0

2016

3

0

0

2015

0

0

0

2014

0

0

0

2016

1

0

2

2015

0

0

0

2014

1

0

0

2016

2

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

1

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 66

Eastview Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

2

0

0

2015

0

1

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

1

0

0

2015

0

0

0

2014

3

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

1

1

1

2015

0

0

0

2014

1

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 67

ELGIN CAMPUS

Elgin Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 68

Elgin Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 69

HAYS CAMPUS

Hays Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

1

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 70

Hays Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

1

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 71

HIGHLAND BUSINESS CENTER

Highland Business Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property*

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

3

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

2

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

1

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

* Non-campus statistics include those reported during international study abroad and short stay-away trips.

P a g e | 72

Highland Business Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property*

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

1

0

1

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

3

1

2015

1

0

1

2014

4

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 73

HIGHLAND CAMPUS

Highland Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

1

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

1

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

1

0

N/A

2016

1

0

0

2015

0

0

N/A

2014

3

0

N/A

2016

1

0

0

2015

1

3

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 74

Highland Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

2

0

0

2015

0

0

N/A

2014

2

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

4

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

1

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

8

2015

5

0

N/A

2014

2

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 75

LOCKHART CENTER

Lockhart Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

1

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 76

Lockhart Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

8

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 77

MANOR ISD/ACC CERTIFICATION CENTER

Manor ISD/ACC Certification Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 78

Manor ISD/ACC Certification Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

N/A

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 79

NORTHRIDGE CAMPUS

Northridge Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

4

2015

0

0

0

2014

1

0

0

2016

2

0

2

2015

1

0

0

2014

1

0

0

2016

1

0

1

2015

0

0

0

2014

0

0

0

2016

1

0

0

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 80

Northridge Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

1

2015

0

0

0

2014

3

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

7

0

0

2015

2

0

0

2014

4

0

0

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

1

0

2

2015

0

0

0

2014

1

0

0

2016

0

0

5

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 81

PINNACLE CAMPUS

Pinnacle Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

1

0

1

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

1

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 82

Pinnacle Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

1

0

3

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

4

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

2

0

0

2015

0

0

0

2014

0

0

1

2016

0

1

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 83

RIO GRANDE CAMPUS

Rio Grande Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

1

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

1

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

4

2016

1

0

0

2015

0

3

0

2014

0

0

0

2016

0

0

0

2015

3

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 84

Rio Grande Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

4

0

0

2015

0

0

0

2014

6

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

2

0

0

2015

1

0

0

2014

2

2

0

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

1

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

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REAGAN HIGH SCHOOL

Reagan High School Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

3

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 86

Reagan High School Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

1

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 87

RIVERSIDE CAMPUS

Riverside Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

1

1

0

2015

0

0

0

2014

0

1

0

2016

0

0

0

2015

0

0

0

2014

1

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

2

0

0

2015

0

0

0

2014

0

1

0

2016

2

0

0

2015

0

0

0

2014

0

0

0

2016

4

0

0

2015

0

0

0

2014

2

0

0

2016

0

0

0

2015

0

0

0

2014

1

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 88

Riverside Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

5

0

0

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

13

0

0

2015

0

0

0

2014

2

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 89

ROUND ROCK CAMPUS

Round Rock Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

1

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 90

Round Rock Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

4

0

0

2015

0

0

N/A

2014

2

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 91

SAN MARCOS GOODNIGHT CENTER

San Marcos Goodnight Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 92

San Marcos Goodnight Center Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

2016

0

0

0

2015

0

0

N/A

2014

0

0

N/A

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 93

SOUTH AUSTIN CAMPUS

South Austin Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

Murder and Non-Negligent Manslaughter

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

3

2015

0

0

0

2014

0

0

0

2016

0

0

2

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

1

2015

0

0

0

2014

0

0

0

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

1

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

Manslaughter by Negligence

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

P a g e | 94

South Austin Campus Offense

Year

On-Campus Property

Public Property

Non-Campus Property

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

3

0

0

2015

0

0

0

2014

0

0

0

2016

1

0

0

2015

0

0

0

2014

0

0

0

2016

3

0

2

2015

4

0

0

2014

4

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

2016

0

0

0

2015

0

0

0

2014

0

0

0

VAWA Offenses Domestic Violence

Dating Violence

Stalking

Arrests Weapons Law Violation

Drug Law Violation

Liquor Law Violation

Disciplinary Actions Weapons Law Violation

Drug Law Violation

Liquor Law Violation

ACC does not have On Campus Residential Facilities. UNFOUNDED CRIMES: If a crime is reported as occurring On-Campus, in or on Non-Campus buildings or property, or on Public Property, and the reported crime is investigated by sworn or commissioned law enforcement authorities and found to be false or baseless, the crime is considered to be "unfounded." Institutions must report the total number of: criminal offenses; hate crimes; and domestic violence, dating violence, or stalking incidents that have been unfounded. The total number of unfounded crimes for the 2016 calendar year at this campus is 0. The total number of unfounded crimes for the 2015 calendar year at this campus is 0. The total number of unfounded crimes for the 2014 calendar year at this campus is 0. HATE CRIME REPORTING: There were no hate crime reported for this campus in 2014, 2015 or 2016.

P a g e | 95

APPENDIX B – PROHIBITION OF SEXUAL DISCRIMINATION OR SEXUAL VIOLENCE OR SEXUAL HARASSMENT POLICY

P a g e | 96

Administrative Rules SUBJECT: Prohibition of Sexual Discrimination or Sexual AR#: 3.10.003 Violence or Sexual Harassment Based on Board Policy: C-10, Safe and Healthy Teaching and Learning Environment F-2 Ensuring a Work Environment Free from Harassment

EXECUTIVE SUMMARY Austin Community College District is committed to providing timely support and assistance to victims/survivors1 of sexual misconduct. This policy provides detailed descriptions of how the institution identifies and responds to such complaints. This executive summary is intended to provide a short summary of essential information for persons who need immediate assistance so they do not have to navigate the entire document. This information is also included within the document in more detail. “Sexual misconduct” is an umbrella term that refers collectively to the below offenses that are prohibited. Those offenses are the following: 

Sexual Harassment



Sexual Assault, which includes Non-Consensual Sexual Penetration and Sexual Touching



Intimate Partner Violence which includes Dating Violence and Domestic Violence



Sexual Exploitation



Stalking



Gender-based harassment and discrimination that is non-sexual

Students or employees who experience an incident of sexual misconduct should consider the information and resources provided below. Full definitions of the above offenses are found later in this document.

The words “victim” and “survivor” are both used in the literature and research on this topic ACC respects the decision of those who have experienced violence to identify as a victim or a survivor. We recognize that choosing to identify as a survivor is an important part of the healing process for some who have experienced sexual misconduct. In this document, we will refer to the complaining party as “victim/survivor” or as the “Complainant.”

1

01024247;1

EMERGENCY INFORMATION FOR IMMEDIATE ASSISTANCE 1.

Confidential Support: Any student in need of immediate emotional support should contact an ACC Campus Counseling Office (find your campus contact by visiting http://www.austincc.edu/counseling) and request to speak with a confidential counselor.

2.

For employees, Austin Community College's Employee Assistance Program (EAP) provides free and confidential assessment, short-term counseling, prevention, education, and referral services for employees and their dependents. Trained counselors are available 24/7, 365 days of the year and employees have access to a number of confidential sessions with a counselor at no cost. More information on accessing the EAP may be accessed here: http://www.austincc.edu/eap .

3.

Victims/Survivors (employees or students) may also contact SAFE (an off-campus non-profit sexual violence resource center) to speak with a confidential advocate 24 hours a day, 7 days a week by calling (512) 267-SAFE (7233). Access ’s website at http://www.safeaustin.org/learnmore/sexualassault/

4.

Reporting: Students and employees are strongly encouraged to report sexual misconduct to College authorities and to the police in order to protect themselves and others. Even if the victim/survivor does not want to make a formal incident report or file charges, he or she still may have the right to other victims’ services, including reasonable accommodations and interim protective measures in addition to support services. To file a report, any person can contact any of the following a. District Title IX Coordinator: (available during regular business hours) Charlene Buckley, District Title IX Coordinator, 5930 Middle Fiskville Road, Austin, TX 78752 E-mail: [email protected] or [email protected]. Phone:(512) 223-7964. (Deputy Coordinators are also assigned to each campus. For a listing of Deputy Title IX Coordinators by campus, please see Page 24 of this document. Reporting to the District Title IX Coordinator will not result in a criminal investigation but will result in an administrative investigation to determine if this policy was violated. If the incident occurred on campus, limited information will be shared with the District Police for purposes of determining if a Timely Warning Notice should be sent out to the community and for purposes of capturing and counting crime data.) b. The ACC District Police Department (ACCPD): http://www.austincc.edu/police (Visit their website to access the correct address and/or telephone number for the appropriate campus or see contact information for each campus referenced in this policy on pages 8-10.) Reporting to the ACC District Police may initiate a criminal investigation into your complaint. The District Chief of Police will also determine if a Timely Warning Notice should be sent out to the community and will capture and count crime data if the offense was reported to have occurred on campus or on a property owned or controlled by the institution. The District Police will report your complaint to the District Title IX Coordinator. c.

01024247;1

The (City of) Austin Police Department: (available 24 hours a day, 7 days a week) Call 911 for emergencies, 311 for non-emergencies, or (512) 974-2000. Visit Austin PD’s website for more information or to obtain the address or contact information for a specific division ii

within the PD. (http://www.austintexas.gov/department/police) Important note-The City of Austin may not share the details of your report with ACC (however, the District Police must notify the District Title IX Coordinator of a report made to their office.) If you report to the city police, you should also report to the District Title IX Coordinator so on campus accommodations, interim protective measures and resources may be provided. MEDICAL TREATMENT AND EVIDENCE PRESERVATION As of January 2009, victims/survivors of sexual assault may have a sexual assault forensic exam without reporting it to law enforcement. 2 Listed below are the facilities in Central Texas that will provide such examinations.

Hospitals in and around ACC Campuses offering forensic (SAFE) exams and evidence collection:

2

Hospital Name

Physical Address

Telephone Number

Website Information

Scott & White Medical Center – Temple

2401 S. 31st Street, Temple, TX 76508

754-724-2111

http://www.sw.org/location/temple-hospital

Seton Medical Center Williamson

201 Seton Parkway, Round Rock, TX 78665

512-324-4000

https://www.seton.net/locations/setonmedical-center-williamson/

Seton Northwest Hospital

11113 Research 512-324-6000 Boulevard, Austin, TX 78759

https://www.seton.net/locations/northwest/

St. David’s Medical Center

919 E 32nd Street, Austin, TX 78705

512-544-7111

http://stdavids.com/home/

St. David’s South Austin Medical Center

901 W Ben White Boulevard., Austin, TX 78704

512-447-2211

http://stdavids.com/home/

University Medical Center Brackenridge

601 E 15th Street, Austin, TX 78701

512-324-7000

https://www.seton.net/locations/brackenridge/

Violence Against Women Act, 2005.

01024247;1

iii

State law allows an individual to have the sexual assault forensic exam (SAFE) up to 120 hours (5 days) after the sexual assault. An individual can report to law enforcement, if the person chooses to do so. In Texas, you have ten years (statute of limitations on sexual assault) to make the report. Having a sexual assault forensic exam conducted allows an individual to preserve evidence that will be lost over time while you have time to decide how to proceed. ACC District police officers and City of Austin police officers encourage victims/survivors to report the sexual assault even if it is past the statute of limitations. The case cannot go forward with prosecution, but it is important to document the assault and the perpetrators who commit them (in addition to allowing ACC to prevent recurrence of similar crimes, if applicable.) In circumstances of sexual assault, if a victim/survivor does not opt for forensic evidence collection, health care providers still can treat injuries and take steps to address concerns of pregnancy and/or sexually-transmitted infection. It is important that a victim/survivor of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where she or he was assaulted within 120 hours after the incident occurred so that evidence may be preserved. Victim/survivors of sexual assault, domestic violence, dating violence, or stalking also are encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if any exist that may be useful to College investigators, ACC District Police Department, or local police. INVESTIGATIONS Victims/survivors who wish to pursue an investigation may choose to: 1.

Contact the ACC District Police Department to pursue a criminal investigation if the reported conduct occurred on property owned or controlled by ACC.

2.

Contact the local police department or sheriff’s department to pursue a criminal investigation.

3.

File a civil complaint in a civil court. (This action may require you to obtain your own attorney.)

4.

Report to the ACC District Title IX Coordinator or the Deputy Title IX Coordinator for your campus (see contact information in this document). An investigation of a campus policy violation is independent from criminal or civil investigations and the District Title IX Coordinator accepts complaints of all kinds of conduct (criminal and non-criminal) as well as conduct that occurred on and off campus.

5.

Decide not to file charges or make a report for investigation. Survivors are strongly encouraged but not required to report the incident. Survivors have the right to be free from any suggestion that victims must report the crime to be assured of any other rights or resources. Campus personnel will not pressure survivors to report a crime if the survivor does not wish to report but will assist any person in filing a report with law enforcement no matter where the misconduct occurred.

6.

Report anonymously online through a link provided on the College’s homepage.

7.

A victim/survivor may report to all of the above and have concurrent criminal and administrative investigations. ACC will not wait for the completion of a criminal investigation to begin or conduct its’ administrative investigation.

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ACCOMMODATIONS A victim/survivor may make a request for accommodations to the District Title IX Coordinator (or their respective Deputy Title IX Coordinator). The victim/survivor does not need to participate in an investigation or file charges in order to request accommodations. The District Title IX Coordinator will work in conjunction with relevant parties to determine which measures are appropriate to ensure the victim’s safety and equal access to educational programs and activities. Accommodations include: •

Accommodations related to academics, transportation, and working environment. If an alleged perpetrator and alleged victim/survivor are enrolled in the same class, a request to drop the class without any academic penalty will be granted.



Relocation in their on-campus job if either will bring them into proximity with the perpetrator. Survivors may also request changes to their class schedule if they have classes in common with the perpetrator.



A “no-contact” order may be put in place between the victim/survivor and the accused party3 or if the accused party is a non-ACC member, the institution should work with law enforcement to prohibit the party from entering campus property.



For information about loan repayment, including financial aid student success workshops and potential emergency loans, please visit: http://www.austincc.edu/tuition-and-financialaid/obtain-financial-aid. Contact Jason Briseno, 512-223-7221 or [email protected].



Resources regarding adjustment of the work schedule or leave for employees who are victims/survivors are available through the Human Resources Department.

The words “accused party”, “Respondent” and “perpetrator” will be used in this document to refer to the person who is alleged to have engaged in the harm or misconduct depending on which process (administrative policy violation or criminal process.)

3

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Table of Contents I.

POLICY STATEMENT ................................................................................................................... 1 A.

ACC’s Prohibition Against Sex Discrimination and Sexual Misconduct ..................................................2

B.

Commitment to Address Sexual Misconduct .......................................................................................2

II.

SCOPE OF POLICY ....................................................................................................................... 3 A.

Persons Covered ................................................................................................................................3

B.

Locations Covered..............................................................................................................................3

C.

Confidentiality and Privacy .................................................................................................................3 i ii iii iv v

Privacy and Confidentiality: Understanding the Differences ................................................................................. 3 Privacy .................................................................................................................................................................... 4 Confidentiality ........................................................................................................................................................ 4 Responsible Employees and Requests for Confidentiality ..................................................................................... 5 Disclosures Required by the Clery Act .................................................................................................................... 5

III. OPTIONS FOR ASSISTANCE FOLLOWING AN INCIDENT OF SEXUAL ASSAULT ................................ 6 A.

Immediate Assistance ........................................................................................................................6 i ii iii iv v vi vii

Confidential Resources (Non-Medical) ................................................................................................................... 6 On-Campus Confidential Mental Health and Counseling Resources ..................................................................... 7 Online & Off-Campus Confidential Resources ........................................................................................................ 8 ACC District Police and Law Enforcement .............................................................................................................. 8 Sexual Assault Responses Team (SARRT) ............................................................................................................. 10 Confidential Medical Resources ........................................................................................................................... 10 Additional On-Campus & Off-Campus Resources ................................................................................................ 12

B.

Ongoing Assistance .......................................................................................................................... 14

C.

Academic Accommodations and Interim Measures ........................................................................... 14 i ii iii

Overview .............................................................................................................................................................. 14 Range of Measures ............................................................................................................................................... 15 Interim Suspension or Separation ........................................................................................................................ 15

IV.

The Title IX Coordinator and Deputy Coordinators ................................................................ 16

V.

Definitions ............................................................................................................................... 18 A.

Sex or Gender-Based Discrimination ................................................................................................. 18 i

B.

Sexual or Gender-Based Harassment ................................................................................................................... 19

Sexual Assault: Forms ...................................................................................................................... 21 i Non-Consensual Sexual Penetration.............................................................................................................................. 21 ii Non-Consensual Sexual Contact .................................................................................................................................... 21

C.

Sexual Exploitation .......................................................................................................................... 22

D.

Stalking ........................................................................................................................................... 22

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E.

Intimate Partner Violence: Forms ..................................................................................................... 23 i ii

F.

Dating Violence .................................................................................................................................................... 23 Domestic Violence ................................................................................................................................................ 23

Definitions of Key Terms; Other Considerations ................................................................................ 24 i ii iii iv v vi vii

VI.

Affirmative Consent ............................................................................................................................................. 24 Force ..................................................................................................................................................................... 25 Intimidation .......................................................................................................................................................... 25 Coercion ............................................................................................................................................................... 25 Incapacitation ....................................................................................................................................................... 26 Prohibited Relationships by Persons in Authority ................................................................................................ 26 Retaliation ............................................................................................................................................................ 27

Reporting Policies and Protocols .......................................................................................... 28

A.

Amnesty for Alcohol or Other Drug Use or Other Conduct Violations................................................. 29

B.

Coordination with Law Enforcement ................................................................................................ 29

C.

False Reports ................................................................................................................................... 29

D.

Reports Involving Minors or Suspected Child Abuse .......................................................................... 30

E.

Investigation Procedures .................................................................................................................. 30 i ii iii iv v vi vii

Initial Report and Determination of Jurisdiction .................................................................................................. 30 Immediate Safety Concerns and Interim Measures ............................................................................................ 30 Formal Resolution: Assignment of Case to Investigator ...................................................................................... 31 Investigation Phase ............................................................................................................................................. 31 Preliminary Report of Investigator ...................................................................................................................... 31 . Final Report of Investigator ................................................................................................................................ 32 Determination of Misconduct and Sanctions ...................................................................................................... 32

F.

Appeals ........................................................................................................................................... 33

G.

Informal Resolution ......................................................................................................................... 34

H.

Sanctions ......................................................................................................................................... 34 i ii iii iv

Modification of Investigation Process .................................................................................................................. 36 Consolidation of Investigations ............................................................................................................................ 36 Integrity of Proceeding ......................................................................................................................................... 36 Records ................................................................................................................................................................. 37

VII.

Prevention and Education .................................................................................................... 37

VIII.

Training ............................................................................................................................... 37

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I.

POLICY STATEMENT

It is the policy of the Austin Community College District (“ACC” or the “College”) to maintain an environment for students, employees, and visitors that is free of all forms of discrimination and harassment, including sexual misconduct. The College has enacted this Prohibition of Sexual Discrimination or Sexual Violence or Sexual Harassment Policy (the “Sexual Misconduct Policy” or “the Policy”) to reflect and maintain its institutional values and community expectations, to provide for fair and equitable procedures for determining when this Policy has been violated, and to provide recourse for individuals and the community in response to violations of this Policy. So that the College may continue to foster a climate of respect and security on its campuses and ACC owned or operated sites as it relates to preventing and responding to acts of sexual misconduct, this policy has been created and serves to demonstrate the College’s commitment to: 

Prohibiting all forms of gender and sex-based harassment and discrimination, defined as “sexual misconduct” by ACC, to include sexual harassment, non-consensual sexual penetration and contact, sexual exploitation, stalking, dating violence, and domestic violence as well as genderbased harassment and discrimination that is non-sexual;



Disseminating clear policies and procedures for responding to sexual misconduct reported to the College;



Delivering primary prevention and awareness programs and ongoing training and education campaigns to students and employees so they may identify what behavior constitutes sexual misconduct; understand how to report such misconduct; recognize warning signs of potentially abusive behavior and ways to reduce risks; and learn about safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;



Engaging in investigative inquiry and resolution of reports that are prompt, fair, equitable, and independent of other investigations that may occur;



Supporting and protecting the rights of victims/survivors and accused parties, as well as holding persons accountable for established violations of this policy;



Providing a written explanation of the rights and options available to every student or employee that has been the victim/survivor of domestic violence, dating violence, sexual assault or stalking, regardless of whether the offense occurred on or off campus; and



Addressing the policy’s impact on contractors and visitors to ACC facilities.

In addition, this policy: 

Identifies the College’s District Title IX Coordinator, Deputy Title IX Coordinators, and Title IX Investigators, and describes their roles in compliance with guidance from the Department of Education’s Office for Civil Rights and in compliance with the Clery Act.



Identifies how students and employees can report sexual misconduct to the College confidentially and what resources are available both on and off campus to aid them, including

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employees’ and students’ rights to notify local law enforcement and their right also to decline to notify such authorities. 

Provides information about how reports are assessed, investigated, and resolved.



Provides the College with a means to take all reasonable steps to identify harassment, prevent recurrence of any harassment, and to correct its discriminatory effects on the complainant and others, if appropriate. A. ACC’s Prohibition Against Sex Discrimination and Sexual Misconduct

ACC does not discriminate on the basis of sex in its educational, extracurricular, or other programs or in the context of employment. Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides: 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. This Policy prohibits all forms of sex and gender-based discrimination, harassment, and misconduct, including non-consensual sexual penetration, non-consensual sexual contact, intimate partner violence, sexual exploitation, and stalking. This Policy also prohibits retaliation against a person who reports, complains about, or who otherwise participates in good faith in, any matter related to this Policy. All of the foregoing sexual misconduct shall be referred to as “Prohibited Conduct.” Sexual harassment is also prohibited under Title VII of the Civil Rights Act of 1964, the Texas Penal Code, and other applicable statutes. This Policy prohibits sexual harassment against ACC community members of any sex, sexual orientation, gender identity, or gender expression in the context of education or employment. This Policy also prohibits gender-based harassment that does not involve conduct of a sexual nature. ACC also prohibits other forms of discrimination and harassment, including discrimination and harassment on the basis of race, color, national origin, ancestry, age, religious belief, marital status, physical or mental disability, medical condition, veteran status, or any other characteristic protected by federal, state, or local law. Such prohibited conduct is addressed in other College Administrative Rules prohibiting discrimination, harassment and retaliation based on protected status (other than sex or gender). B. Commitment to Address Sexual Misconduct Upon receipt of a complaint or a report, the College will take prompt and equitable action to eliminate the Prohibited Conduct (if any), prevent its recurrence, and remedy its effects. In addition, the College will fulfill its obligations under the Violence Against Women Reauthorization Act of 2013 (“VAWA”) amendments to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) in response to reported Prohibited Conduct. The College’s process for investigating and responding to reported Prohibited Conduct is contained in the following Section VI. Students or employees who are found to have violated this Policy may face disciplinary action up to and including expulsion (students) or termination of employment (faculty, staff, or other employees).

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II.

SCOPE OF POLICY

This Policy applies to all reports of Prohibited Conduct occurring on or after the effective date of this Policy. Where the date of the reported Prohibited Conduct precedes the effective date of this Policy, the definitions of misconduct in existence at the time of the report will be used. The Investigation Process under this Policy, however, will be used to investigate and resolve all reports made on or after the effective date of this Policy, regardless of when the incident(s) occurred. When used in this Policy, “Complainant” refers to the individual who is identified as the subject alleging to have been harmed by the Prohibited Conduct. “Respondent” refers to the individual alleged to have engaged in Prohibited Conduct. A “Third-Party” refers to any other participant in the process, including a witness or an individual who makes a report on behalf of a Complainant. The roles of administrators are explained in greater detail later in this document. A. Persons Covered This Policy applies to all ACC community members, including students, faculty, administrators, staff, volunteers, vendors, contractors, visitors, and individuals regularly or temporarily employed, conducting business, studying, visiting, or having any official capacity with the College or on its property. The College strongly encourages reports of Prohibited Conduct regardless of who engaged in the conduct. Even if the College does not have jurisdiction over the Respondent, the College will take prompt action to provide for the safety and well-being of the Complainant and the broader campus community and prevent recurrence, if possible. B. Locations Covered This Policy applies to all on-campus conduct and some off-campus conduct, described below. The College strongly encourages reports of Prohibited Conduct regardless of location. Even if the Policy does not apply to the conduct because of its location, the College will take prompt action to provide for the safety and well-being of the Complainant and the broader campus community and to prevent recurrence, if applicable. On-Campus Conduct. This Policy applies to conduct that occurs on-campus, including conduct which occurs on property owned or controlled by the College. College Programs. This Policy applies to conduct that occurs in the context of College employment or education programs or activities. Off-Campus Conduct. This Policy also applies to conduct that occurs off-campus and has continuing adverse effects on, or creates a hostile environment for, any member of the ACC community on-campus or in any College employment or education program or activity. C. Confidentiality and Privacy i

Privacy and Confidentiality: Understanding the Differences

The College is committed to protecting the privacy of all individuals involved in the investigation and resolution of reports under this Policy. The College also is committed to assisting students, employees,

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and Third-Parties in making informed choices. With respect to any report under this Policy, the College will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. All College employees who are involved in the College’s Title IX response receive specific instruction about respecting and safeguarding private information. Privacy and confidentiality have distinct meanings under this Policy. ii Privacy “Privacy” generally means that information related to a report of Prohibited Conduct will only be shared with a limited circle of individuals who “need to know” in order to assist in the assessment, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the Administrative Rule 3.03.015, which details the College’s regarding the confidentiality of student records. The privacy of an individual’s medical and related records may be protected by the Health Insurance Portability and Accountability Act (“HIPAA”), excepting health records protected by FERPA and by Texas state law. Access to an employee’s personnel records may be restricted by applicable Texas and federal law. While there are certain limitations on privacy, the College generally will not release the names of the Complainant or Respondent to the general public without express written consent or absent another exception consistent with the law. The release of names will be guided by applicable law, including the Family Educational Rights and Privacy Act (FERPA), the Clery Act, and the Texas Public Information Act. ACC’s employment policies set forth disciplinary consequences for an employee who releases confidential student information. iii Confidentiality “Confidentiality” generally means that information shared by an individual with designated authority on a campus or community professionals cannot be revealed to any other individual without the express permission of the individual. The confidentiality of information shared by an individual with designated campus or community professionals generally is governed by Texas law, including restrictions on disclosure of information by mental health providers, ordained clergy, rape crisis counselors, and attorneys, all of whom have legally protected confidentiality. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others. An individual who seeks confidential assistance may do so by speaking with professionals who have a legally protected confidentiality. The confidential resources available to individuals on campus are listed in Section III below. Note, however, that these confidential resources are required by Texas state

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law to notify child protective services and/or local law enforcement of any report which involves suspected or known abuse of a minor under the age of 18. iv Responsible Employees and Requests for Confidentiality A “Responsible Employee” includes any employee who: (1) has the authority to take action to redress the harassment; (2) has the duty to report to appropriate College officials sexual harassment or any other misconduct by students or employees; or (3) a student could reasonably believe has the authority or responsibility to take action. Certain employees have been designated by the College as Responsible Employees. This includes supervisors, faculty members (including professors, adjuncts, lecturers, and associate/assistant instructors) and all staff in the ACC District Police. Any other ACC employee who receives such information shall immediately report it to a supervisor for handling in accordance with this policy. The College requires that all Responsible Employees share a report of misconduct with the District Title IX Coordinator or a Deputy Title IX Coordinator. The purpose of this requirement is to permit the College to take immediate and corrective action to respond to allegations of Prohibited Conduct. A person may desire to report Prohibited Conduct to the College but to maintain confidentiality; if so, the District Title IX Coordinator will evaluate such requests. Where a Complainant requests that the Complainant’s name or other identifiable information not be shared with the Respondent or that no formal action be taken, the District Title IX Coordinator will balance the Complainant’s request with the College’s dual obligation to provide a safe and nondiscriminatory environment for all College community members and to remain true to principles of fundamental fairness that ordinarily provide for notice and an opportunity to respond before action is taken against a Respondent. In making this determination, the College may consider the seriousness of the conduct, the respective ages and roles of the Complainant and Respondent, whether there have been other complaints or reports of harassment or misconduct against the Respondent, and the rights of the Respondent to receive notice and relevant information before disciplinary action is sought. The College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation, but its ability to do so may be limited based on the nature of the request by the Complainant. Where the College is unable to take action consistent with the request of the Complainant, the District Title IX Coordinator will inform the Complainant about the chosen course of action, which may include the College seeking disciplinary action against a Respondent. Alternatively, the course of action may also include steps to limit the effects of the alleged harassment and prevent its recurrence that do not involve formal disciplinary action against a Respondent or revealing the identity of the Complainant. v

Disclosures Required by the Clery Act 1. Timely Warnings

A “Timely Warning” or “Crime Alert” is a District-wide notification of a serious or continuing threat to the ACC community. The Timely Warning does not include identifying information about the Complainant. If a report of misconduct discloses a serious or continuing threat to the ACC community, the College will issue a District-wide timely warning or crime alert (which will take the form of an

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email or text message sent to the entire ACC community) to protect the health or safety of the community. 2. Annual Reporting Responsibilities The College receives federal funding, and therefore is obligated to issue publicly an Annual Security Report (“ASR”) which identifies the number of particular types of reported crimes on campus or campus owned or controlled property, or adjacent to campus. The ASR does not include identifying information about the Complainant or Respondent. 3.

Crime Log

The College must maintain a daily crime log that includes entries for all crimes that occur within both the Clery geography and the ACC District Police Department’s patrol jurisdiction. The crime log does not include identifying information about the Complainant or Respondent. III.

OPTIONS FOR ASSISTANCE FOLLOWING AN INCIDENT OF SEXUAL ASSAULT A. Immediate Assistance

The College is committed to treating all members of the community with dignity, care, and respect. Any community member who experiences or is affected by violations under this Policy, whether as a Complainant or a Respondent, will have equal access to support and counseling services through the College. The College strongly encourages individuals to report Prohibited Conduct. The College recognizes, however, that the decision to report Prohibited Conduct (to the College and/or law enforcement) can be difficult. The College strongly encourages individuals who are considering whether to report Prohibited Conduct to seek the support of confidential campus and community resources, listed in this policy, in particular the licensed professional counselors located on each campus. These trained professionals can provide guidance in making decisions, information about available resources and procedural options, and assistance to either the Complainant or Respondent in the event that a report and/or resolution under this Policy is pursued. These resources are available regardless of when or where the incident occurred. There are many resources available on campus and in the surrounding community. As noted below, there are Confidential Resources which by law cannot share information without the consent of the individual seeking assistance (in most circumstances). There are also a variety of College resources that will be discreet and private but are not considered confidential. These resources will maintain the privacy of an individual’s information within the limited circle of those involved in the resolution of a complaint under this Policy. i

Confidential Resources (Non-Medical)

The College strongly encourages all community members to make a prompt report of any incident of Prohibited Conduct to local law enforcement and the College. For individuals who are not prepared to make a report, or who may be unsure how to proceed, but are still seeking information and support, there are several legally-protected confidential resources available as designated below. These confidential resources will not share information with the College or anyone else without the individual’s permission. 01024247;1

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ii On-Campus Confidential Mental Health and Counseling Resources LOCATION Cypress Creek Campus Eastview Campus Elgin Campus

Hays Campus Highland Campus Northridge Campus Pinnacle Campus Rio Grande Campus Riverside Campus Round Rock Campus South Austin Campus Veteran’s Resource Center

OFFICE OR DEPT Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers Counseling Centers

BLDG.

ROOM

PHONE

2000

2114.8

512-223-2010

2000

2113

512-223-5188

1000

1151

1000

1111.04

512-223-9408 512-262-6527; 512-223-1572 (internal)

HLC1

2300

512-223-7315

1000

1101.1

512-223-4719

Main

224

512-223-8108

Annex

156

512-223-3137

G

8116

512-223-6201

1000

1005.00

512-223-0009

1000

1101

512-223-9141

Highland Mall

2280-B

512-223-4636

For other off-campus ACC-owned or controlled locations, please contact the closest campus.

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iii Online & Off-Campus Confidential Resources TITLE

2-1-1 Texas Austin Child Guidance

WEBSITE

PHONE

211texas.org

877-541-7905

Ulifeline

austinchildguidance.org 512-451-2242 Text "START" to 741-741 or call 1800-273-TALK ulifeline.org (8255)

Guide to College Student Mental Health

LearnPsychology.org

n/a

PURPOSE State and local resources for life issues, food, shelter, rent assistance, childcare, counseling and more Provides parents with information and resources A resource for suicide prevention, drugs and mental health A comprehensive guide to help college students identify common mental health disorders, their own warning signs, when to seek treatment and how to manage them.

iv ACC District Police and Law Enforcement 1. On-Campus ACC District Police For non-emergency ACC District Police call 512-223-1231. CAMPUS Cypress Creek Eastview Elgin Hays Highland Highland Business Center Northridge Pinnacle Rio Grande Riverside Round Rock Service Center South Austin Campus

OFFICE OR DEPT ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police ACC District Police

San Marcos Goodnight Center

ACC District Police

512-223-1231

Veterans Resource Center

ACC District Police

512-223-1231

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BLDG. 2000 2000 1000 1000 HLC1 HBC 1000 Main Main A 1000

ROOM 2101 2103 1114 1102.00 1461 & 2338 Lobby 1103 112 102 2238 1133

1000

1102

PHONE 512-223-2008 512-223-5120 512-223-9405 512-223-1511 512-223-7307 512-223-7002 512-223-4718 512-223-8014 512-223-3101 512-223-6044 512-223-0050 512-223-1231 512-223-9142

2. Off-Campus law enforcement CAMPUS

OFFICE OR DEPT

ADDRESS

Cedar Park Police Department

911 Quest Parkway Cedar Park, TX 78613

Elgin

Austin Police Department Elgin Police Department

715 E. 8th Street, Austin, TX 78701 202 Depot St Elgin, TX 78621

Hays

Kyle Police Department

111 N. Front St Kyle, TX 78640

Highland

Austin Police Department

715 E. 8th Street, Austin, TX 78701

Highland Business Center

Austin Police Department

715 E. 8th Street, Austin, TX 78701

Northridge

Austin Police Department

715 E. 8th Street, Austin, TX 78701

Pinnacle

Austin Police Department

715 E. 8th Street, Austin, TX 78701

Rio Grande

Austin Police Department

715 E. 8th Street, Austin, TX 78701

Cypress Creek

Eastview

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PHONE 512-260-4600 (nonemergency); 512-260-4656 (Victim Services) 512-974-5000 (nonemergency); 512-974-5037 (Victim Services) 512-285-5757 (nonemergency) 512-268-3232 (nonemergency); 512-268-0859 (Victim Services) 512-974-5000 (nonemergency); 512-974-5037 (Victim Services) 512-974-5000 (nonemergency); 512-974-5037 (Victim Services) 512-974-5000 (nonemergency); |512-974-5037 (Victim Services) 512-974-5000 (nonemergency); 512-974-5037 (Victim Services) 512-974-5000 (nonemergency); 512-974-5037 (Victim Services)

CAMPUS

OFFICE OR DEPT

ADDRESS

Riverside

Austin Police Department

715 E. 8th Street, Austin, TX 78701

Round Rock

Round Rock Police Department

221 East Main St Round Rock, TX 78664

Service Center South Austin Campus

Austin Police Department Austin Police Department

San Marcos Goodnight Center

San Marcos Police Department

715 E. 8th Street, Austin, TX 78701 715 E. 8th Street, Austin, TX 78748 City of San Marcos 630 E. Hopkins San Marcos, TX 78666

Veterans Resource Center

Austin Police Department

715 E. 8th Street, Austin, TX 78701

v

PHONE 512-974-5000 (nonemergency); 512-974-5037 (Victim Services) 512-218-5500 (nonemergency); 512-341-3124 (victim assistance) 512-974-5000 (nonemergency); 512-974-5037 (Victim Services) 512-974-5000 512-753-2108 (nonemergency); 512-753-2106 (Victim Services) 512-974-5000 (nonemergency); 512-974-5037 (Victim Services)

Sexual Assault Responses Team (SARRT)

SARRT is the Austin/Travis County Sexual Assault Response & Resource Team. The SARRT is a Coordinated Community Response, an established working body and multi-sectoral approach comprising all the agencies involved in the response to post-pubescent adolescent and adult sexual assault victims, including law enforcement, prosecutors, Sexual Assault Forensic Examiners, hospitals and SAFE, the local rape crisis center. The local Child Protection Team is also represented on the SARRT for coordination purposes. The SARRT meets monthly to coordinate services, problem solve and work for improved community and systematic response to sexual assault victims/survivors. ACC is a member of the Austin Sexual Assault Response & Resource Team. Contact: Kristen Lenau, MPH, SARRT Coordinator, SAFE Office 512.356.1697/http://safeaustin.org vi Confidential Medical Resources Victims/survivors of sexual and intimate partner violence have medical needs regardless of if they plan to engage with the criminal justice system (or this administrative process.) A medical provider can provide emergency and/or follow-up medical services. The medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (including prevention of sexually transmitted illnesses and pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time (within 120 hours) following an incident of sexual assault to preserve physical and other forms of evidence, although it may be possible to obtain evidence from towels, sheets, clothes, and other items for longer periods of time. Victims/survivors are encouraged to have evidence collected in the event that they want to cooperate right away with law enforcement OR have not yet made a

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decision regarding making a police report, but want to have the evidence collected and saved in the event they do opt to make such a report in the future. It is best to gather evidence prior to washing a person’s body or changing clothing. If clothes have been changed, the clothes worn at the time of the incident should be brought to the examination in a clean, sanitary container such as a paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe and may render evidence useless). A change of clothing should also be brought to the hospital, as the clothes worn at the time of the incident will likely be kept as evidence. Taking the steps to gather evidence immediately does not commit an individual to any particular course of action. The decision to seek timely medical attention and gather any evidence, however, will preserve the full range of options to seek resolution under this Policy or through the pursuit of criminal prosecution, and may be helpful in obtaining protective orders and/or proving that a crime of violence occurred. ACC does not have on-campus Student Health facilities. Victims/survivors of any of the offenses in this policy should seek help by visiting an area hospital. Hospital Name

Physical Address

Baylor Round Rock

300 University Boulevard, Round Rock, TX, 78665

512-509-0100

Cedar Park Regional Medical Center

1401 Medical Parkway, Cedar Park, TX 78613

512-528-7000

Cornerstone

4207 Burnet Road, Austin, TX 78756

512-706-1900

Scott & White Medical Center – Temple

2401 S. 31st Street, Temple, TX 76508

754-724-2111 http://www.sw.org/location/temple-hospital

Seton Medical Center Hays

6001 Kyle Parkway, Kyle, TX 78640

512-504-5000

Seton Northwest Hospital

http://www.sw.org/location/round-rockmedical-center

http://www.cedarparkregional.com/cedarpark/default.aspx

http://www.chghospitals.com/austin/

https://www.seton.net/locations/setonmedical-center-hays/

Seton Medical 201 Seton Center Williamson Parkway, Round Rock, TX 78665

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Telephone Number and Website Information

512-324-4000 https://www.seton.net/locations/setonmedical-center-williamson/

11113 Research 512-324-6000 Boulevard, https://www.seton.net/locations/northwest/ Austin, TX 78759

11

St. David’s Medical Center

919 E 32nd Street, 512-544-7111 Austin, TX 78705 http://stdavids.com/home/

St. David’s Medical Center Round Rock

2400 Round Rock 512-341-1000 Avenue http://stdavids.com/location/st-davids-roundRound Rock, TX rock-medical-center 78681

St. David’s South Austin Medical Center

901 W Ben White 512-447-2211 Boulevard, http://stdavids.com/home/ Austin, TX 78704

University Medical Center Brackenridge

601 E 15th Street, 512-324-7000 Austin, TX 78701 https://www.seton/net/locations/brackenridge/

vii Additional On-Campus & Off-Campus Resources In addition to the confidential resources listed in this document, ACC community members have access to a variety of resources provided by the College and in the local communities surrounding the District’s campuses and other locations the College owns or controls. All of the on-campus reporting options listed above have staff members trained to support individuals affected by Prohibited Conduct and to coordinate with the Title IX Coordinator (and Deputies) consistent with the College’s commitment to a safe and healthy educational environment. While not bound by confidentiality, those resources will maintain the privacy of an individual’s information within the limited circle of those involved in the Title IX resolution process and those persons that have a “need to know”. Students, faculty and staff may also access resources located in the local community in addition to those confidential resources. These organizations can provide crisis intervention services, legal assistance, victim advocacy and assistance in dealing with the criminal justice system. It may be helpful for victims/survivors to have someone who can help them explore their off-campus options and guide them through legal processes; an advocate can provide assistance in this area. Victim Advocacy – No cost Name of Resource Services SAFE – stop abuse for 24/7 hotline. everyone Confidential and free resources. Crisis support, safety planning, local resources, medical care (including medical

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Telephone Number 512.267-7233 (SAFE)

Website http://www.safeaustin.org/

forensic exams at Eloise House, free of charge), legal advocacy and counseling.

Legal Assistance Name of Legal Assistance Resource Legal Aid for Survivors of Sexual Assault (LASSA) – Texas Legal Services Center

Sexual Assault Legal Services & Assistance (SALSA) – Texas Legal Services Center Texas Advocacy Project

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Services/Information

Telephone Number

Website

Staffed by attorneys seven days a week who provide sexual assault survivors with legal information and advice about legal issues that may arise following a sexual assault including crime victim’s rights, housing, employment, immigration, education and safety planning. Free confidential legal hotline for victims of sexual assault. Weekdays 8 – 5.

1-844-303SAFE (7233)

http://www.tlsc.org/sexualassault.html

888-343-4414

http://www.tlsc.org/

The Hope Line addresses legal concerns related to domestic violence, sexual assault, and stalking. Staffed by attorneys M – F, 9 – 5.

800-374-4673

https://www.texasadvocacyproject.org/

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Texas RioGrande Legal Aid

Volunteer Legal Services of Central Texas

Non-profit 1-888-988organization offering 9996 free legal services to low income residents of 68 counties of SW Texas. Volunteer attorneys 512-476-5550 provide free legal advice and representation for low income clients. M – Thurs 8 – 5; Fri 8 – 2.

http://www.trla.org/

http://www.vlsoct.org/

Please refer to the resources listed above for additional information about victim advocacy resources in jurisdictions near ACC campuses. Other Assistance Resource

Trevor Project

Out Youth

Telephone Services/Information Number/Address 24/7 crisis hotline for LGBTQ youth between 13 and 24 years old 866-488-7386 For youth of all sexual orientations and gender identities. 512-419-1233 Counseling, 909 East 49 ½ advocacy, HIV Street, Austin, TX testing. 78751

Website/Email

www.thetrevorproject.org

http://www.outyouth.org [email protected]

B. Ongoing Assistance The Deputy Title IX Coordinators at each campus site are available to assist any student, employee or individual impacted by Prohibited Conduct as a Complainant or Respondent. Contact the nearest campus or site’s Deputy Coordinator using the information listed in Section IV of this policy. C. Academic Accommodations and Interim Measures i

Overview

Upon receipt of a report, the College will provide reasonable and appropriate accommodations and interim measures designed to eliminate the alleged hostile environment and protect the Parties involved. The College will make reasonable efforts to communicate with the Parties to ensure that all safety,

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emotional and physical well-being concerns are being addressed. Interim measures may be imposed regardless of whether formal disciplinary action is sought by the Complainant or the College, and regardless of whether the crime is reported to ACC District Police or local law enforcement. A Complainant or Respondent may request a No Contact Order or other protection, or the College may choose to impose interim measures at its discretion to ensure the safety of all Parties, the broader College community, and/or the integrity of the process. The College will maintain the privacy of any remedial and protective measures provided under this Policy to the extent practicable and will promptly address any violation of the protective measures. All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The College will take immediate and responsive action to enforce a previously implemented restriction if such restriction was violated. ii Range of Measures Interim measures will be implemented at the discretion of the College. Potential remedies, which may be applied include:



Access to counseling services and assistance in setting up an initial appointment, both on or off campus;



Imposition of campus “No Contact Order;”



Rescheduling of exams and assignments (in conjunction with appropriate faculty and deans as necessary);



Providing alternative course completion options (with the agreement of the appropriate faculty);



Change in class schedule, including the ability to take an “incomplete,” drop a course without penalty or transfer sections (with the agreement of the appropriate faculty);



Change in work schedule or job assignment;



Limiting an individual or organization’s access to certain College facilities or activities pending resolution of the matter;



Voluntary leave of absence;



Providing an escort to ensure safe movement between classes and activities;



Assisting with access to medical services;



Providing academic support services;



Interim suspension or College-imposed leave;



Any other remedy that can be tailored to the involved individuals to reasonably achieve the goals of this Policy. iii Interim Suspension or Separation

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Where the reported conduct poses a substantial and immediate threat of harm to the safety or well-being of an individual, members of the campus community, or the performance of normal College functions, the College may place a student or employee or College organization on interim suspension or impose leave for an employee. Pending resolution of the report, the individual or organization may be denied access to campus, campus facilities, and/or all other College activities or privileges for which the student or employee might otherwise be eligible, as the College determines appropriate. When interim suspension or leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within an expedited time frame. A student Respondent who has been put on interim suspension has the right to a meeting within three (3) days with the District Title IX Coordinator to appeal the interim suspension. The District Title IX Coordinator reviews the appeal to determine whether the decision to put a student on interim suspension was arbitrary or capricious. A decision is arbitrary and capricious where there is no rational connection between the facts presented and the decision made. Provisions for suspension of faculty members are contained in the Faculty Handbook. Suspensions of other College employees shall be made in accordance with the Administrative Rules. All employees of the College accused of Prohibited Conduct may be placed on leave at the discretion of the College. IV.

The Title IX Coordinator and Deputy Coordinators

The Austin Community College District is a system of campuses and other locations that are owned or controlled by the College. As such, it has a large number of employees and students and is spread across part of the state of Texas. In order to fulfill the duties associated with this policy and resolution procedures and to ensure that students and employees impacted by Prohibited Contact have access to administrators with responsibility for this policy and resolution procedure, the District has appointed a District Title IX Coordinator to oversee compliance with Title IX, but has also appointed three Regional Deputy Title IX Coordinators who serve specific campus(es). The District Title IX Coordinator is supported and assisted by the three Regional Deputy Coordinators. Collectively, the District Title IX Coordinator, the Deputy Coordinators, Investigators, and other ACC representatives, are the “Title IX Team.” The Title IX Team is a circle of individuals who have a “need to know” of any alleged Prohibited Conduct to effectuate this Policy. The foregoing individuals receive appropriate and annual training as required by the Clery Act as amended by the Violence Against Women Reauthorization Act of 2013 to discharge their responsibilities. The District Title IX Coordinator monitors the College’s overall compliance with Title IX, ensures appropriate training and education, and oversees the College’s investigation, response, and resolution of reports made under this Policy by working closely with the Regional Deputy Title IX Coordinators across the District. Upon receiving reports of Prohibited Conduct, the District Title IX Coordinator oversees the Deputies to ensure that appropriate action is taken to eliminate that conduct, prevent its recurrence, and remedy its effects. The District Title IX Coordinator is available to advise all individuals—including individuals who have experienced misconduct, individuals who are alleged to be responsible for misconduct, and Third-Parties — on this Policy and the appended Investigation Processes. The College has designated Charlene Buckley to serve as the College’s District level Title IX Coordinator. The three Regional Deputy Title IX Coordinators have responsibility for specific

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campuses. The District Title IX Coordinator and Regional Deputy Coordinators can be contacted by telephone, email, or in person during regular office hours. Please see the chart below for information on how to contact the Title IX Team. To contact the District Title IX Coordinator: Charlene Buckley Highland Business Center 5930 Middle Fiskville Road Austin, TX 78752 Direct Phone: (512) 223-7964 Email: [email protected]; or [email protected] To contact the Deputy Title IX Coordinator for a campus, use the contact information provided below. If someone is uncertain about who to contact or have a conflict or perceive bias from the Deputy Coordinator assigned to the campus, contact the District Title IX Coordinator. Any person may contact the District Title IX Coordinator in lieu of their Deputy Coordinator. Regional Deputy Title IX Coordinator Name and Contact Information Amber Kelley, North Region Deputy Title IX Coordinator Email: [email protected], Telephone: (512) 223-2012 Address: 1555 Cypress Creek Road, Cedar Park, TX 78613

Assigned Campuses this Deputy Title IX Coordinator has oversight for: If you are reporting sexual misconduct by or against any person at any of the following campuses, you would report to Amber Kelly, whose contact information appears to the left of this block.

Cypress Creek, Northridge, Round Rock, Elgin

Dorado Kinney, Central Region Deputy Title IX Coordinator Email: [email protected] Telephone: (512) 223-7398, Address: 6101 Airport Blvd., Austin, TX 78752 Wade Bradfute, South Region Deputy Title IX Coordinator Email: [email protected] Telephone: (512) 223-8108 Address: 1020 Grove Boulevard, Austin, TX 78741

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If you are reporting sexual misconduct by or against any person at any of the following campuses, you would report to Dorado Kinney, whose contact information appears to the left of this block.

Highland, Eastview, Rio Grande

If you are reporting sexual misconduct by or against any person at any of the following campuses, you would report to Wade Bradfute, whose contact information appears to the left of this block.

Riverside, Pinnacle, Hays, South Austin

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Regional Deputy Title IX Assigned Campuses this Deputy Title IX Coordinator has Coordinator Name and Contact oversight for: Information For incidents associated with the Highland Business Center or the Service Center, report to the Title District IX Coordinator, Charlene Buckley Highland Business Center 5930 Middle Fiskville Road Austin, TX 78752 Direct Phone: (512) 223-7964 Email: [email protected]; or [email protected]

For complaints involving an employee as the Respondent, there will be two Deputy Coordinators assigned, the respective Regional Deputy Title IX Coordinator as well as the Deputy Title IX Coordinator for Employees, Geraldine Tucker, or her designee. To contact the Deputy Title IX Coordinator for Employees: Geraldine Tucker, Vice President, Human Resources Highland Business Center 5930 Middle Fiskville Road Austin, TX 78752 Direct Phone: (512) 223-7572 Email: [email protected] The U.S. Department of Education’s Office for Civil Rights (OCR) is responsible for overseeing institutional noncompliance with Title IX. To file a report directly with the U.S. Department of Education, use the contact information below.

The OCR office for Texas is located at:

The OCR National Headquarters is located at:

Dallas Office Office for Civil Rights U.S. Department of Education 1999 Bryan Street, Suite 1620 Dallas, Texas 75201-6810

U.S. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Bldg. 400 Maryland Avenue, SW Washington, DC 20202-1100

Telephone: 214-661-9600 FAX: 214-661-9587; TDD: 800-877-8339 Email: [email protected]

V.

Telephone: 800-421-3481 FAX: 202-453-6012; TDD: 800-877-8339 Email: [email protected]

Definitions A. Sex or Gender-Based Discrimination

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Sex or gender-based discrimination refers to the disparate treatment of a person or group because of that person’s or group’s sex, sexual orientation, gender identity or gender expression. i

Sexual or Gender-Based Harassment

“Harassment” is conduct that creates an intimidating, offensive, or hostile working or learning environment or that unreasonably interferes with work or academic performance based on a person’s protected status, including sex, sexual orientation, gender identity, or gender expression. All such conduct is unlawful. “Sexual Harassment” is any unwelcome sexual advance, request for sexual favors, or other unwelcome conduct of a sexual nature, whether verbal, physical, graphic, or otherwise. “Gender-Based Harassment” is harassment based on sex, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal, physical, graphic, or otherwise. To qualify as Gender-Based Harassment, the conduct need not involve conduct of a sexual nature. Generally speaking, harassment can be divided into two types of conduct:

1.

Quid Pro Quo Harassment. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, academic standing, or participation in any aspect of a College program or activity or is used as the basis for the College’s decisions affecting the individual.

2.

Hostile Environment. A hostile environment exists when the conduct is sufficiently severe, pervasive, or persistent that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the College’s education or employment programs and/or activities. Whether conduct is sufficiently severe, pervasive, or persistent is determined both from a subjective and objective perspective.

Harassing conduct can take many forms. The determination of whether an environment is hostile is based on the totality of the circumstances, including but not limited to: (1) the frequency of the conduct; (2) the nature and severity of the conduct; (3) whether the conduct was physically threatening; (4) the effect of the conduct on the Complainant’s mental or emotional state, with consideration of whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or College programs or activities; (5) whether the conduct was directed at more than one person; (6) whether the conduct arose in the context of other discriminatory conduct; and (7) whether the conduct implicates concerns related to academic freedom or protected speech. A single isolated incident may create a hostile environment if the incident is sufficiently severe, particularly if the conduct is physical. A single incident of Sexual Assault, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression is typically not sufficient to constitute a hostile environment. Sexual or Gender-Based Harassment:



May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.

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May be committed by anyone, regardless of gender, age, position or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational or employment relationships, harassment can occur in any context.



May be committed by a stranger, an acquaintance, or someone with whom the Complainant has an intimate or sexual relationship.



May be committed by or against an individual or may be a result of the actions of an organization or group.



May occur by or against an individual of any sex, sexual orientation, gender identity, or gender expression.



May occur in the classroom, in the workplace, in residential settings, or in any other setting.



May be a one-time event or can be part of a pattern of behavior.



May be committed in the presence of others or when the Parties are alone.



May affect the Complainant and/or third Parties who witness or observe harassment and are affected by it.

Examples of conduct that may constitute Sexual Harassment as defined above may include a severe, persistent, or pervasive pattern of unwelcome conduct that includes one or more of the following:



Physical conduct, including unwelcome touching, sexual/physical assault, impeding, restraining, or blocking movements, or unwanted sexual advances;



Verbal conduct, including making or using derogatory comments, epithets, slurs or humor; verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations; or objectively offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes;



Visual conduct, including leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons, or posters in a public space or forum; or severe, persistent, or pervasive visual displays of suggestive, erotic, or degrading sexually oriented images that are not pedagogically appropriate;



Written conduct, including letters, notes or electronic communications containing comments, words, or images described above;



Quid pro quo conduct, including direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists; offering educational or employment benefits in exchange for sexual favors; making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades, or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose; or making or threatening reprisals after a negative response to sexual advances.

This Policy is consistent with the College’s commitment to academic freedom and free speech. This commitment requires that the College protect community members’ expression of ideas in their teaching

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and learning including topics that may be controversial, provocative, or unpopular. This protection extends to the expression of ideas, however controversial, in the classroom, and other campus-related activities. It must be recognized, however, that this protection has its limits. This Policy defines those limits, and conduct which is found to be “harassing” is not consistent with the College’s commitment to academic freedom and free speech. No member of the College community may escape responsibility for engaging in harassing conduct merely by labeling the conduct as “speech” or other expressive activity. B. Sexual Assault: Forms i Non-Consensual Sexual Penetration “Non-Consensual Sexual Penetration” is having or attempting to sexually penetrate another individual: •

By force or threat of force;



Without consent; or



Where that individual is incapacitated and could not have provided consent.

Sexual penetration includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact. ii Non-Consensual Sexual Contact “Non-Consensual Sexual Contact” is having sexual contact with another individual: •

By force or threat of force;



Without consent; or



Where that individual is incapacitated and could not have provided consent.

Sexual Contact includes intentional contact with the intimate parts of another, causing an individual to touch their own intimate body parts, or disrobing or exposure of another’s private parts without permission. Intimate body parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner. Examples of behavior that would constitute non-consensual sexual penetration or contact include the following: •

Engaging in sexual activity with an unconscious or semi-conscious person;



Engaging in sexual activity with someone who is asleep or passed out;



Engaging in sexual activity with someone who has said “no”;



Engaging in sexual activity with someone who is not reciprocating by body movement;



Engaging in sexual activity with someone who is vomiting, unable to stand without assistance, or has to be carried to bed;



Allowing another person to engage in sexual activity with your partner without his or her consent;

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Requiring any person to perform any sexual activity as a condition of acceptance into any organization affiliated with the College;



Telling someone you will “out” them if they don’t engage in sexual activity (e.g., threatening to disclose the person’s sexual orientation without their consent);



Having sexual contact with someone under the statutory age of consent;



Telling someone you will fail them or give them a grade different from what they deserve if they don’t agree to engage in sexual activity; or



Facilitating or assisting in a sexual assault including purchasing or providing alcohol or drugs to further a sexual assault. C. Sexual Exploitation

“Sexual Exploitation” occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of Sexual Exploitation include, but are not limited to: •

Prostituting another;



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;



Non-consensual sharing or streaming of images, photography, video, or audio recording of sexual activity or nudity of the person being exploited, or distribution of such without the knowledge and consent of all Parties involved or possession or distribution of any of the above when they depict a person under the age of 18 regardless of the Parties consent (possession or distribution of child pornography);



Exposing one's genitals or inducing another to expose their own genitals in nonconsensual circumstances;



Knowingly exposing another individual to a sexually transmitted disease or virus without their knowledge; and



Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity. D. Stalking

“Stalking” occurs when a person engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. A course of conduct consists of two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.

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Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Cyber-stalking is a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used. Examples of stalking include, but are not limited to: •

Non-consensual communication including in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on web sites, written letters, gifts, or any other communications that are undesired and/or place another person in fear;



Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a person;



Surveillance and other types of observation, whether by physical proximity or electronic means; and



Gathering of information about a person from family, friends, co-workers, and/or classmates.

To qualify as stalking, the conduct is not required to be sexual in nature. E. Intimate Partner Violence: Forms “Intimate Partner Violence” includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, spousal, domestic, or other intimate relationship with the Respondent. The College will not tolerate Intimate Partner Violence of any form. Intimate Partner Violence is often referred to as dating violence, domestic violence, or relationship violence. Intimate Partner Violence can encompass a broad range of behavior including, but not limited to, physical violence, sexual violence, psychological and/or emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate Partner Violence may take the form of threats, assault, property damage, violence or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate Partner Violence affects individuals of all sexes, sexual orientations, gender identities, and gender expressions, races and social and economic backgrounds. i Dating Violence “Dating Violence” is physical acts of assault or threats of assault, detainment, or unwanted touching committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person subjected to such violence. Whether there was such a relationship will be determined based on, among other factors, the Complainant’s and Respondent’s statements, and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the Parties involved in the relationship. ii Domestic Violence “Domestic Violence” is physical acts of assault or threats of assault, detainment, or unwanted touching committed by: (1) a current or former spouse or intimate partner of the victim; (2) a person with whom

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the victim shares a child in common; (3) a person who is cohabiting with, or has cohabitated with, the victim as a spouse or intimate partner; (4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Texas; or (5) any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws in the State of Texas. F. Definitions of Key Terms; Other Considerations To provide clarity to all individuals as to the kinds of behavior which constitute Sexual Misconduct, the College further defines key terms which the College will use in evaluating whether Prohibited Conduct has occurred. i Affirmative Consent “Affirmative Consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. Affirmative consent is required for any sexual activity to occur between two or more individuals. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other(s) to engage in the sexual activity. It shall not be a valid excuse to alleged lack of affirmative consent that the Respondent believed that the Complainant consented to the sexual activity under either of the following circumstances: (a) The Respondent’s belief in affirmative consent arose from the intoxication or recklessness of the Respondent, or (b) the Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented. The following are essential elements of affirmative consent: 

Informed and reciprocal: All Parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.



Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation or pressuring, or by taking advantage of the incapacitation of another individual.



Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate a mutually unambiguous willingness to engage in sexual activity. Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.



Not indefinite: Affirmative consent must be ongoing throughout the activity. Consent may be withdrawn by any Party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or is no longer a mutual participant. Once consent is withdrawn,

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the sexual activity must cease immediately and all Parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity. 

Not unlimited: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant. Even in the context of a current or previous intimate relationship, each Party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.



Age: The State of Texas considers sexual intercourse with a person under the age of 17 to be unlawful. A person who engages in “unlawful” sexual intercourse as described in the Texas Penal Code does so without effective consent as defined by the College’s Sexual Misconduct Policy. Specifically, there is no effective consent under the College’s Sexual Misconduct Policy where one Party (the “minor”) is under the age of seventeen, and the other Party is more than three years older than the minor. Reports received that allege sexual contact with a person under the age of 17 will be reported to the City of Austin Police Department (or appropriate law enforcement agency if the act occurred outside of the City of Austin) as this conduct could constitute sexual abuse of children. ii Force

“Force” is the use or threat of physical violence to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity or provide consent. Consent obtained by force is not valid. For the use of force to be demonstrated, there is no requirement that a Complainant resist the sexual advance or request. However, evidence of resistance by the Complainant will be viewed as a clear demonstration of a lack of consent. iii Intimidation “Intimidation” is the use of implied threats to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity or provide consent. Consent obtained by intimidation is not valid. iv Coercion “Coercion” is the improper use of pressure to compel another individual to initiate or continue sexual activity against that individual’s will. Consent obtained through coercion is not valid. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity, or gender expression and threatening to harm oneself if the other Party does not engage in the sexual activity. When someone indicates, verbally or physically, that they do not want to engage in a particular

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sexual activity, that they want to stop a particular activity, or that they do not want to go past a certain point of sexual interaction, continued activity or pressure to continue beyond that point can be coercive. The College will evaluate the following in determining whether coercion was used: (a) the frequency of the application of pressure, (b) the intensity of the pressure, (c) the degree of isolation of the person being pressured, and (4) the duration of the pressure. v

Incapacitation

“Incapacitation” is a state where an individual cannot make an informed and rational decision to engage in sexual activity because of a lack of conscious understanding of the fact, nature, or extent of the act (e.g., to understand the “who, what, when, where, why, or how” of the sexual interaction) and/or is physically helpless. For example, an individual is incapacitated, and therefore unable to give consent, if the individual is asleep, unconscious, or otherwise unaware that sexual activity is occurring. An individual will also be considered incapacitated if the person cannot understand the nature of the activity or communicate due to a mental or physical condition. Incapacitation may result from the use of alcohol, drugs, or other medication. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impacts an individual’s: (1) decisionmaking ability; (2) awareness of consequences; (3) ability to make informed judgments; or (4) capacity to appreciate the nature and the quality of the act. It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances: (a) the Complainant was asleep or unconscious; (b) the Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity; (c) the Complainant was unable to communicate due to a mental or physical condition. Whether the Respondent reasonably should have known that the Complainant was incapacitated will be evaluated using an objective reasonable person standard. The fact that the Respondent was actually unaware of the Complainant’s incapacity is irrelevant to this analysis, particularly where the Respondent’s failure to appreciate the Complainant’s incapacitation resulted from the Respondent’s failure to take reasonable steps to determine the Complainant’s incapacitation or where the Respondent’s own incapacitation (from alcohol or drugs) caused the Respondent to misjudge the Complainant’s incapacity. It is the responsibility of each Party to be aware of the intoxication level of the other Party before engaging in sexual activity. In general, sexual activity while under the influence of alcohol or other drugs poses a risk to all Parties. If there is any doubt as to the level or extent of the other individual’s intoxication, it is safest to forgo or cease any sexual contact or activity. Being intoxicated by drugs or alcohol is no defense to any violation of this Policy and does not diminish one’s responsibility to obtain consent. vi Prohibited Relationships by Persons in Authority 01024247;1

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Sexual or other intimate relationships in which one Party engages in a supervisory or evaluative role over the other Party are prohibited. In general, this includes all sexual or other intimate relationships between students and their professors, coaches, advisors, employers, supervisors, or other College employees. Similarly, College employees (faculty and staff) who supervise or otherwise hold positions of authority over others are prohibited from having a sexual or other intimate relationship with an individual under the employee’s supervision. The College does not wish to interfere with private choices by adults regarding personal relationships when these relationships do not interfere with the goals and policies of the College. However, faculty, administrators, and others who educate, supervise, evaluate, employ, counsel, coach, or otherwise guide students should understand the fundamentally asymmetrical nature of the relationship they have with students, employees (as applicable), or subordinates. Intimate or sexual relationships where there is a differential in power or authority produce risks for every member of our community and undermine the professionalism of faculty and supervisors. In either context, the unequal position of the Parties presents an inherent element of risk and may raise sexual harassment concerns if one person in the relationship has the actual or apparent authority to supervise, evaluate, counsel, coach, or otherwise make decisions or recommendations as to the other person in connection with their employment or education at the College. Sexual relations between persons occupying asymmetrical positions of power, even when both consent, raise suspicions that the person in authority has violated standards of professional conduct and potentially subject the person in authority to charges of sexual harassment based on changes in the perspective of the individuals as to the consensual nature of the relationship. Similarly, these relationships may impact Third-Parties based on perceived or actual favoritism or special treatment based on the relationship. Any evidence that demonstrates that a person in a position of authority over another is engaging in an intimate or romantic relationship with someone whom they are teaching, mentoring, evaluating, supervising, counseling advising, or the like shall be prima facie evidence of a violation of this policy regardless of whether the conduct is or continues to be wanted or reciprocated. Evidence that such relationships occurred in the past will also be considered prima facie evidence of a violation of this policy. vii Retaliation Retaliation includes adverse action taken against a person for making a good faith complaint or report of Prohibited Conduct or participating in any proceeding under this Policy. Adverse action includes conduct that threatens, intimidates, harasses, coerces or in any other way seeks to discourage a reasonable person from engaging in activity protected under this Policy. Retaliation can be committed by or against any individual or group of individuals, not just a Respondent or Complainant. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of Prohibited Conduct.

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The College will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting Prohibited Conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven. As explained below, any employee may pursue any charge of discrimination or harassment with the Texas Workforce Commission (“TWC”) or the federal Equal Opportunity Employment Commission (“EEOC”). It is unlawful to retaliate against any employee for opposing the practices prohibited by the State of Texas or comparable federal law or for filing a complaint with, or for otherwise participating in, an investigation, proceeding, or hearing conducted by the TWC or EEOC. The TWC's Civil Rights Division’s programs provide an avenue for current and former employees (or people who applied for employment) to file a complaint if they believe they have been discriminated against in an employment transaction. TWC accepts complaints if you believe the treatment you received from the employer was because of your race, color, national origin, age, religion, sex, disability, or because of retaliation for participating and/or filing another discrimination complaint and occurred within 180 days of the filing of the complaint. Employees who believe they may have been discriminated against may get more information on filing a complaint through TWC by visiting: http://www.twc.state.tx.us/jobseekers/how-submit-employmentdiscrimination-complaint VI.

Reporting Policies and Protocols

The College strongly encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual or intimate partner violence. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. The College also strongly encourages all individuals to make a report to the College and to law enforcement, although neither is required. These reporting options are not mutually exclusive. Both internal and criminal reports may be made simultaneously. Reports can also be made anonymously online through a link provided on the College’s homepage. The College has a strong interest in supporting survivors of sexual harassment, sexual assault, stalking, and intimate partner violence and strongly encourages all individuals or Third-Parties to report any incident to the College. Making a report means telling a Responsible Employee what happened — in person, by telephone, in writing, or by email. At the time a report is made, a Complainant does not have to request any particular course of action, nor does a Complainant need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time. The College provides support that can assist each individual in making these important decisions, and will respect an individual’s autonomy in deciding how to proceed to the extent legally possible. In this process, the College will balance the individual’s interest with its obligation to provide a safe and nondiscriminatory environment for all members of the College community. The College will investigate and resolve all reports of Prohibited Conduct in a fair and impartial manner. A Complainant, a Respondent and all individuals involved will be treated with dignity and respect. In response to all reports of Prohibited Conduct, the College will make an immediate assessment of any

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risk of harm to the Complainant, Respondent, or to the broader campus community and will take steps necessary to address those risks. These steps may include interim measures to provide for the safety of the individual and the campus community. A. Amnesty for Alcohol or Other Drug Use or Other Conduct Violations The College strongly encourages the reporting of Prohibited Conduct under this Policy. It is in the best interest of this community that as many Complainants as possible choose to report to college officials and that participants in the investigation process are forthright in sharing information. To guard against discouraging reporting, a student who reports Prohibited Conduct in good faith, either as a victim or a witness, will not be subject to disciplinary action by the College for personal consumption or possession of alcohol or drugs or other violations of the student conduct policy (not including this Policy) at or near the time of the incident. The College may investigate to determine whether a report of Prohibited Conduct outlined in this policy was made in good faith. The College may always initiate an educational discussion or pursue other educational remedies with the student regarding alcohol or other drugs. Being intoxicated by drugs or alcohol is no defense to any violation of this Policy and does not diminish one’s responsibility to obtain consent. B. Coordination with Law Enforcement The College strongly encourages Complainants to pursue criminal action for incidents of sexual harassment, sexual violence, and intimate partner violence that may also be crimes under Texas law. The Title IX Team will assist a Complainant in making a criminal report with law enforcement agencies if a Complainant decides to pursue the criminal process to the extent permitted by law. The College’s Policy, definitions, and burden of proof differ from Texas criminal law. A Complainant may seek recourse under this Policy and/or pursue criminal action. Neither law enforcement’s determination whether or not to prosecute a Respondent, nor the outcome of any criminal prosecution, are determinative of whether a violation of this Policy has occurred. Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. The College may not delay conducting its own investigation unless specifically requested by law enforcement. In the event of such specific request, the College shall defer its investigation only during the time that law enforcement is conducting preliminary fact-finding, which should not exceed ten (10) days absent extenuating circumstances. The College will nevertheless communicate with the Complainant and Respondent (if appropriate) regarding Title IX rights, procedural options, and the implementation of interim measures to assure safety and well-being. The College will promptly resume fact-gathering as soon as it is informed that law enforcement has completed its initial investigation. C. False Reports The College takes the accuracy of information very seriously, as a report of Prohibited Conduct may have severe consequences. A good-faith complaint that results in a finding of not responsible is not considered a false or fabricated report of Prohibited Conduct. However, when a Complainant or ThirdParty witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the Complainant may be subject to disciplinary action. It is a violation of the Code of

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Student Conduct to make an intentionally false report of any Policy violation, and it may also violate state criminal statutes and civil defamation laws. D. Reports Involving Minors or Suspected Child Abuse Under Texas law, an individual must make a mandatory report of suspected child abuse and neglect, including sexual assault when that individual, in their professional capacity or within the scope of their employment, has knowledge of, or observes, a minor under the age of 18 whom the individual knows or reasonably suspects has been the survivor of child abuse or neglect. All College employees are required to immediately report any suspected child abuse and neglect to the District Title IX Coordinator and the Chief of the ACC District Police. The source of abuse does not need to be known in order to file a report. The College will report all suspected child abuse and neglect, including sexual assault, to law enforcement and/or the Texas Child Protective Services. The College must act quickly regarding all reasonable suspicions of sexual or physical abuse. It is not the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of Child Protective Services and law enforcement authorities. In addition to notifying the District Title IX Coordinator and Chief of the ACC District Police, any individual may make a direct report as follows:



If a child is in immediate danger, call 911.



If there is no immediate danger, contact the Texas Child Protective Services by calling 1-800252-5400. E. Investigation Procedures i

Initial Report and Determination of Jurisdiction



Upon receiving a report (either verbally or in writing), the District Title IX Coordinator will assess the report independently, or in concert with the appropriate Deputy Title IX Coordinator(s) (depending on who the report was made to and depending on the facts and circumstances being alleged).



If the District Title IX Coordinator determines that this policy has jurisdiction over the conduct being alleged, the District Coordinator will inform the appropriate Deputy Coordinator about the case.



The District Title IX Coordinator will provide the Complainant with a “Written Notice of Rights” and a copy of this policy via email or in person, depending on the location of the Complainant. ii Immediate Safety Concerns and Interim Measures



The District Title IX Coordinator will assess any immediate safety concerns, need for medical attention, and interim protective measures the Complainant may require based on the report. The

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Deputy Coordinator will discuss these with the Complainant either during this meeting or by scheduling a subsequent meeting when the Complainant is medically/psychologically able to receive such information as best determined by the Coordinator. The District Title IX Coordinator will implement such protective measures in concert with appropriate resources and stakeholders.



The District Title IX Coordinator will offer the Complainant access to law enforcement, if applicable, and shall assist the Complainant in contacting the appropriate law enforcement agency if the Complainant so desires. iii Formal Resolution: Assignment of Case to Investigator



The District Title IX Coordinator will then assign the case for investigation by an ACC employee (or employees) trained in conducting Title IX investigations, or in certain circumstances by an outside person (or persons) who is trained in conducting Title IX investigations. The pool of investigators may include any staffing table employee, as approved by the President in accordance with Board Policy F-6, who has completed the required training. If an employee is the Respondent, confidential information may also be disclosed with appropriate personnel by the investigator assigned or member of the Title IX team.



The District Title IX Coordinator will provide written notice to the parties that an investigation will ensue. Both Parties will be advised on the offense being alleged, the date and time that the incident is alleged to have occurred, and the name of the Investigator (if known at that time.) The Parties will also be provided with information on all on and off campus resources available to support them through the process as well as their right to have an advisor of choice accompany them to any meeting or disciplinary proceeding in which they are required to be present. The letter will outline the major timeframes of the process and explain where the Parties are in the process currently. iv Investigation Phase



The District Title IX Coordinator will contact the Parties and set a date and time for the initial interview with the Investigator with each party (separately.) The District Title IX Coordinator will advise the Parties that they have the right to present any evidence and/or witnesses that they would like included in the fact-finding and reiterate their right to an advisor of choice be present at their meeting.



The District Title IX Coordinator attends the initial interview to introduce the investigator and restate process.



The Investigator will conduct a thorough and impartial investigation into the facts of the case and additionally interview any witnesses relevant to the fact-finding and inspect and collect evidence submitted or uncovered.



If the investigation is conducted by an outside person, the District Title IX Coordinator shall provide the investigator with any relevant ACC policies and procedures or any materials that the investigator will need to conduct a thorough investigation. v

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Preliminary Report of Investigator

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At the conclusion of the investigation, the Investigator will draft a Preliminary Report and deliver the report to the Deputy Coordinator who will review with the District Title IX Coordinator. The District Title IX Coordinator and the Deputy Coordinator will determine if the investigation is in fact complete or will re-direct the Investigator to conduct further fact-finding.



Once fact-finding is complete, the Investigator will deliver the final preliminary report to the Deputy Coordinator, who will review with the District Title IX Coordinator. The Deputy Coordinator will meet with the Complainant and Respondent separately to discuss the major facts that will be used to reach an outcome and to allow the parties the opportunity to present any information, evidence or witnesses that were not included in the investigation but are substantively relevant.



If, during the course of the investigation, other violations of ACC policies or procedures or statutes are discovered, the violations should be communicated to the District Title IX Coordinator for management in accordance with ACC policies and procedures. vi





Final Report of Investigator

The parties will have five (5) business days from the date of this meeting to provide a written response to the Deputy Coordinator citing any further information, evidence or witnesses that they would like to be considered. o

If one or both of the parties provides a written response, the Deputy Coordinator in consultation with the District Title IX Coordinator, will determine if there is a need for further investigation, and if so the Deputy Coordinator will direct the Investigator to conduct further investigation until the Investigator determines the fact-finding is complete. Any new information that is relevant to the investigation will be revealed to the Complainant and the Respondent.

o

If neither party provides a written response fact finding will be determined to be complete.

Once fact finding has been completed and the Parties’ feedback, if any, has been received, the Investigator will provide a Final Report to the District Title IX Coordinator and Deputy Coordinator including a finding and recommendation as to whether or not, using the preponderance of the evidence standard, misconduct (as defined in this policy) occurred. At this time, should a victim/survivor wish to submit an impact statement, one may be submitted to the District Title IX Coordinator. vii Determination of Misconduct and Sanctions



The District Title IX Coordinator and the Deputy Coordinator will review the findings, and together will determine whether the claimed misconduct occurred.



If the findings determine misconduct occurred, applicable sanctions and permanent protective measures will be issued. Sanctions are administered in accordance with the provisions outlined in Section H.



The District Title IX Coordinator will communicate decisions regarding responsibility, the reason for the determination of responsibility, permanent protective measures (if any) and

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sanction(s) (if any) to the Complainant and Respondent simultaneously and in writing by College email and U.S. Mail. The Deputy Title IX Coordinator shall be copied on all outcome notices. F. Appeals All determinations, including “not responsible findings”, may be appealed to an Appeal Panel of three ACC administrators who will be appointed by the Vice President, Student Services to consider the appeal. For purposes of the appellate panel, ACC administrator is defined in the College’s staffing table listing. Either Party may file a request for appeal in writing. The appeal should state reasons and grounds for the appeal. Appeals are not heard in person; instead all requests for appeal must be submitted in writing to the Vice President, Student Services within five (5) business days from the date on the letter notifying the Respondent or the Complainant of the original finding. Failure to appeal within the allotted time will render the original finding final. The Appeal Panel may request a written response from the nonappealing party to the issue raised in the written request for an appeal. Appeals shall be decided upon the record of the original report, the written request for appeal, and any response received by the Appeal Panel. The Vice President, Student Services will forward the written request for the appeal to the Appeal Panel. Appeals shall be granted only on one or more of the following grounds: 1. If there was a specified procedural error (or errors) in the interpretation of the College regulations that were so substantial as to effectively deny the party appealing a fair investigation or resolution process; 2. If new and significant evidence has become available which could not have been discovered by a properly diligent person during the original investigation; or 3. If the sanction(s) is/are disproportionate to the offense for which the respondent was found responsible. The fact that one of the parties disagrees with the finding or sanction does not in and of itself constitute grounds for appeal. If the Appeal Panel finds no grounds for an appeal, then the decision will become final. There is no further appeal within the College. If the Appeal Panel finds grounds for appeal, then they shall consider the issues raised and information presented in the appeal. The Appeal Panel has authority to dismiss the case, change the sanction, modify the findings, or uphold the findings and sanctions. The appeal panel must base its decision on the information presented in the appeal and a review of the record in the case. The scope of the Appeal Panel’s review is limited to the grounds for appeal identified in the appeal letter. The Appeal Panel shall send written final decision to the Vice President, Student Services and the District Title IX Coordinator. The decision of the Appeal Panel is final and there is no further appeal within the College. The District Title IX Coordinator will communicate decisions regarding the appeal to the Complainant and Respondent simultaneously via College email and U.S. Mail. The imposition of sanctions is not normally deferred during the appeal process and sanctions may go into effect immediately if the District Title IX Coordinator deems it necessary. Interim measures will remain in place during the appeal process.

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G. Informal Resolution As an alternative to Formal Resolution, and only if the District Title IX Coordinator determines that it is appropriate, the Parties may choose to resolve complaints through Informal Resolution. Informal Resolution is not an option in cases involving allegations of sexual assault or physical violence. The Parties may proceed to Informal Resolution only if the following occurs: first, the District Title IX Coordinator determines that the complaint may be resolved appropriately through Informal Resolution; second, the Complainant agrees to Informal Resolution; and third, the Respondent agrees to Informal Resolution. If any of the three conditions is not met, the case will proceed to Formal Resolution. If all three conditions are met, the District Title IX Coordinator will notify the Parties within five (5) calendar days after all parties have agreed to Informal Resolution, and proceed through the Informal Resolution Process. The nature of Informal Resolution is flexible, and not all complaints resolved through Informal Resolution will proceed in uniform fashion. Typically, however, the District Title IX Coordinator will ask the Complainant to prepare a written report, which sets out the factual basis for the complaint and any proposed resolution. The Complainant will be asked to provide the written report to the District Title IX Coordinator within five (5) calendar days of conclusion of the initial meeting between the Complainant and the District Title IX Coordinator. The District Title IX Coordinator will share the Complainant’s written report with the Respondent, and will ask the Respondent to provide a written response to the report within five (5) calendar days of reviewing the Complainant’s report. The District Title IX Coordinator will then meet separately or together with both Parties to discuss potential alternative resolutions based on the Parties’ statements and (if applicable) other information available. The District Title IX Coordinator will not serve as a fact finder, but rather, aid in identifying possible alternative resolution(s) to the complaint. Possible alternative resolution(s) may include, but are not limited to: •

Permanent no-contact order between the Parties



Specific personal boundaries if a no-contact order is unwanted by both parties



Academic or work location reassignment



Written apology and/or explanation of the circumstances surrounding the investigation



Verbal apology



Educational remedies



Return personal belongings



Other appropriate measures

If the Parties reach agreement, the matter is closed. If not, the Formal Resolution will commence. Any Party (including the District Title IX Coordinator) may terminate the Informal Resolution process at any time. In that event, the District Title IX Coordinator will so notify the Parties in writing and will describe next steps and timeframes for the Formal Resolution. H. Sanctions

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If the report proceeds through Formal Resolution and the Respondent is found responsible for one or more violations of this policy, the College will issue sanctions commensurate with the violation(s). The District Title IX Coordinator will determine and issue any sanctions and permanent protective measures for students. A variety of sanctions consistent with the Sanctioning Guidelines may be employed. Sanctions may deviate from the guidelines on a case-by-case basis when circumstances merit deviation. Sanctions are effective immediately. If the Respondent appeals the findings contained in the Final Report, the sanctions will continue in effect during the appeal. If the Respondent is an employee, the Deputy Title IX Coordinator for Human Resources, along with the District Title IX Coordinator, will determine sanctions if misconduct is found to have occurred. Possible sanctions for employees are set forth in Administrative Rule (AR) 6.08.003 and the Guidelines/Procedures for AR 6.08.003. A sanction resulting in a termination recommendation is subject to the approval of the College President in accordance with Board Policy F-8. The District Title IX Coordinator shall, in writing, notify the President of the proposed termination and the President shall approve execution of any termination. Possible sanctions for students include, but are not limited to: 1.

Warning: Notice, in writing, that continuation or repetition of Prohibited Conduct may be cause for additional disciplinary action.

2.

Censure: A written reprimand for violating the Sexual Misconduct Policy. This conduct status specifies a period of time during which the student’s good standing with the College may be in jeopardy. The student is officially warned that continuation or repetition of Prohibited Conduct may be cause for additional conduct action including probation, suspension, or expulsion from the College.

3.

Disciplinary Probation: Exclusion from participation in privileged activities for a specified period of time (privileged activities may include, but are not limited to, elected or appointed offices, student research, athletics, some student employment, and study abroad). Additional restrictions or conditions may also be imposed. Violations of the terms of disciplinary probation or any other College policy violations may result in further disciplinary action.

4.

Restitution: Repayment to the College or to an affected Party for damages (amount to be determined by the College) resulting from a violation of this Code. To enforce this sanction, the College reserves the right to withhold its transcripts and degrees or to deny a student participation in graduation ceremonies and privileged events.

5.

Suspension: Exclusion from College premises, attending classes, and other privileges or activities for a specified period of time, as set forth in the suspension notice. Notice of this action will remain in the student’s conduct file and will be permanently recorded on the student’s academic transcript. Conditions for readmission may be specified in the suspension notice. An employee may not work for another employer while under suspension and must remain available to return to work when directed to return.

6.

Expulsion: Permanent termination of student status and exclusion from College premises, privileges, and activities. This action will be permanently recorded on the student’s academic transcript.

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7.

Criminal Trespass Warning: Upon expulsion, and during a period of suspension, students and employees may be prohibited from entering any ACC campus or property.

8.

Revocation of Admission and/or Degree: Admission to, or a degree awarded by, the College may be revoked for fraud, misrepresentation in obtaining the degree or violation of College policies, the Student Code of Conduct or for other serious violations committed by a student prior to enrollment or graduation.

9.

Withholding Degree: The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Policy, including the completion of all sanctions imposed, if any.

10.

Other: Other sanctions may be imposed instead of, or in addition to, those specified here. Service, education or research projects may also be assigned.

11.

Multiple Sanctions: More than one of the sanctions listed above may be imposed for any single violation. i

Modification of Investigation Process

The College will follow the Investigation Process described herein barring exceptional circumstances. In rare instances, however, the College may be required to adapt or modify the Investigation Process (including timelines) to ensure prompt and equitable resolution of a report of Prohibited Conduct. The College reserves this right. In such instances, the College will notify both Parties of the modification of the Investigation Process and, if appropriate, the exceptional circumstances requiring the College to adapt or modify the Investigation Process. ii Consolidation of Investigations The District Title IX Coordinator has the discretion to consolidate into one Investigation multiple reports against a Respondent and/or cross-complaints between a Complainant and a Respondent, if the evidence related to each incident would be relevant and probative in reaching a determination on the other incident. Matters may be consolidated where they involve multiple Complainants, multiple Respondents, or related conduct that would regularly have been heard under the Code of Student Conduct.

iii Integrity of Proceeding These procedures are entirely administrative in nature and are not considered legal proceedings, but rather procedures designed to address policy violations. Neither Party is permitted to record (via audio or video recording) the proceedings. While either Party may bring a legal representative or other advisor to the proceeding, the role of the lawyer or advisor is limited to providing advice and counsel to that Party. The lawyer or other advisor is not permitted to speak on behalf of the Party, to make arguments to the tribunal, to cross-examine individuals, or otherwise to act in a representational capacity or as a proxy for the Party. If a Party intends to bring a lawyer or advisor, they are to provide notice of this decision in writing no less than 3 days before the proceeding. The process will not be delayed due to the unavailability of an advisor or

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lawyer. An advisor or lawyer may be dismissed from any part of this process for unnecessary disruption of a meeting or proceeding or if they are deemed to have intimidated or otherwise harassed a Party through verbal, nonverbal, or physical actions. The College reserves the right to serve as a Complainant in any complaint and to bring complaints against a Respondent(s). This is unusual but can occur when the College feels there is sufficient information to proceed, but an actual Complainant either cannot or will not cooperate in this process. iv Records The Title IX Office will retain records of all reports, complaints, and Final Action Letters when the matter is resolved by Formal Resolution. Affirmative findings of responsibility in matters resolved through Formal Resolution are part of a student’s conduct record and an employee’s employment file. Such records shall be used in reviewing any further conduct, or developing sanctions, and shall remain a part of a formal record. In addition to records kept by the Title IX Office, the Final Action Letters issued to students for violations of this policy are maintained in the Dean of Students Office for at least seven (7) years from the date of the incident. Further questions about record retention should be directed to the Title IX Office. VII.

Prevention and Education

The College is committed to the prevention of Prohibited Conduct through regular and ongoing education and awareness programs. Incoming students and new employees receive primary prevention and awareness programming as part of their orientation, and returning students and current employees receive ongoing training and related education. Visit the Office of Student Life for information about bystander intervention programs and other educational opportunities related to preventing sexual violence at ACC: https://sites.austincc.edu/sl/ VIII. Training The College provides annual training to all individuals within the community who are involved in responding to, investigating, or resolving reports of Prohibited Conduct as required by the Clery Act as amended by the Violence Against Women Reauthorization Act of 2013. If the College retains an individual outside the community to respond to, investigate, or resolve reports of Prohibited Conduct, the College requires the retained individual has received adequate training consistent with the College’s standards. The College provides training to students and employees to ensure they understand this Policy and the topics and issues related to maintaining an educational and employment environment free from all forms of Prohibited Conduct.

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2017 ASR with Title IX Policy.pdf

Page 1 of 76. SECURITY. REPORT. 2017. AUSTIN COMMUNITY COLLEGE DISTRICT. PUBLISHED SEPTEMBER 2017. ANNUAL. Page 1 of 76 ...

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F1 2017-18 IX TM.pdf
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and the need and mechanism for subsidizing the rates for poor, whereas, the reform act in India—Electricity Regulatory Commission Act (1998)— does not give ...

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2 GHz Intel Core Duo as a test system. Baseline Experiment. It was important to establish a baseline before continuing with either model validation or the phage therapy experiment. In order to accomplish this we tuned the parameters outlined in Table

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l'article L.741-1 du Code de l'Aviation Civile. VOUS POUVEZ NOTIFIER. EN CONFIANCE. Lorsque vous notifi ez un incident, vous. êtes protégé. D'une part ...

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Perhaps as a result of the greater social acceptance of homosexuals, more and more individuals have ..... This is but the first mention of what becomes a very ..... Biblical Ethics and Homosexuality: Listening to Scripture (ed. Robert L. Brawley;.

Title II V IX 504 Coordinators 12 9 15.pdf
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IX E.pdf
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2017 Title 1 Plan.pdf
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