EOC Policies & Definitions

One of the important services that individuals affected by discrimination, harassment or workplace concerns receive from the Equal Opportunity Compliance Office is clarification on their rights and options. The following provides a summary of laws, policies and definitions by type of concern related to the EOC.

Sexual Misconduct

Examples of concerns or behaviors related to sexual misconduct include: Sexual harassment or discrimination, sexual assault, dating violence, domestic violence, and sexual exploitation.

    Related Laws

    • Title IX states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
    • Senate Bill 212 puts forth employee reporting requirements. More information can be found on the Employee Reporting Requirements page. 
    • Texas House Bill 1735 requires all public and private post-secondary educational institutions to adopt a policy on sexual harassment, sexual assault, dating violence, and stalking.

    ACC Policies

    1. Prohibition of Sexual Misconduct in place to an environment for students, employees, and visitors that is free of all forms of discrimination and harassment, including sex-based discrimination. College Policy also prohibits gender-based harassment that does not involve conduct of a sexual nature.
    2. Title IX Grievance Procedures are established to provide notice to students and employees about individual rights and the College’s prompt and equitable resolution of formal complaints of Title IX Sexual Harassment.
    3. Sexual Misconduct Grievance Procedures provide notice to students and employees about individual rights and the College’s process for prompt and equitable resolution when investigating complaints of Sexual Misconduct that do not fall under the Title IX process.

    Definitions

    • 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.
    • 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. The college will evaluate the following in determining whether coercion was used:
      • the frequency of the application of pressure,
      • the intensity of the pressure,
      • the degree of isolation of the person being pressured, and
      • the duration of the pressure.
    • 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 involves physical acts of assault or threats of assault, detainment, or unwanted touching committed by:
      • a current or former spouse or intimate partner of the victim;
      • a person with whom the victim shares a child in common;
      • a person who is cohabiting with, or has cohabitated with, the victim as a spouse or intimate partner;
      • a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Texas; or
      • 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.
    • 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.
    • Harassment is unwelcome conduct that is based on actual or perceived race, color, religion, gender, national origin, age, sexual orientation, disability, or genetic information.
    • 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 and/or is physically helpless. 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. 
    • 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.
    • Sexual Harassment is defined by the Equal Employment Opportunity Commission as, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” There are two types of sexual harassment:
      • Quid Pro Quo is the request for sexual favors, when submission to or rejection of such request becomes a basis for employment or academic related decisions.
      • Hostile Environment is when an atmosphere is fused with unwelcome sexual conduct that interferes with an individual’s job performance or learning environment or creates an intimidating, hostile or offensive environment.
    • Sexual Assault forms include the following:
      • Non-consensual sexual penetration (rape);
      • Non-consensual sexual contact (fondling);
      • Non-forcible- unlawful, non-forcible sexual intercourse (incest or statutory rape).
    • 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.

    Other Sex-Based Misconduct (not sexual in nature)

    Examples of concerns related to sex-based misconduct that is not sexual in nature include: Stalking, pregnancy or parenting status, and actual or perceived sex, sexual orientation, or gender identity or expression.

      Related Laws

      • Title IX states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
      • Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, gender, or national origin.
      • The Pregnancy Discrimination Act (which amended Title VII of the Civil Rights Act of 1964) makes it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
      • The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same establishment, from gender-based wage discrimination.

      ACC Policies

      1. Prohibition of Sexual Misconduct in place to an environment for students, employees, and visitors that is free of all forms of discrimination and harassment, including sex-based discrimination. College Policy also prohibits gender-based harassment that does not involve conduct of a sexual nature.
      2. Title IX Grievance Procedures are established to provide notice to students and employees about individual rights and the College’s prompt and equitable resolution of formal complaints of Title IX Sexual Harassment.
      3. Sexual Misconduct Grievance Procedures provide notice to students and employees about individual rights and the College’s process for prompt and equitable resolution when investigating complaints of Sexual Misconduct that do not fall under the Title IX process.

      Definitions

      • 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.

      Protected Characteristics in Education

      A protected characteristic, or a protected class, refers to a personal trait that cannot be used as a reason to discriminate against or harass someone. Protected characteristics are based on the anti-discrimination laws. Specifically, in the education environment, the following protected characteristics exist: Race, color, national origin, disability, and sex and gender (see examples above).

        Related Laws

        • Title VI of the Civil Rights Act of 1964 provides that no person shall, on the basis of race, color, or national origin, 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.
        • The Americans with Disabilities Act of 1990 as amended is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
        • Section 504 of the Rehabilitation Act and ADA Amendments Act of 2008 (ADAAA) provide that no otherwise qualified individual with a disability shall, solely by reason of his or her disability, 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.

        ACC Policies

        Definitions

        • Racial Harassment is conduct which includes racially derogatory remarks, racial slurs or any other racially motivated action. Provisions of this Rule will be applied without regard to the race of the employee(s) involved.

        Protected Characteristics in Employment

        Protected characteristics, or protected classes, in employment apply to current and former employees, as well as applicants. Specifically, in the work environment, the following protected characteristics exist: Race, color, national origin, disability, religion, genetic information, age (40+), veteran status, sex and gender (see examples above).

          Related Laws

          • Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, gender, or national origin.
          • The Americans with Disabilities Act of 1990 as amended is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
          • The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same establishment, from gender-based wage discrimination.
          • The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years or age or older.
          • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against qualified individuals with disabilities in the private sector, in state and local governments.
          • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employment discrimination based on genetic information about an applicant, employee, or former employee.
          • Texas Commission on Human Rights Act, Texas Labor Code, Chapter 21 establishes freedom from discrimination in certain employment transactions, in order to protect their personal dignity.

          ACC Policies

          Employee Relations

          While most concerns in the workplace do not rise to the level of illegal discrimination and harassment, they may have a negative impact on the environment. Examples of disrespectful behavior include: Interrupting or talking over someone in a meeting, dismissive comments, creating gossip or rumors, or constant complaining without demonstrated efforts towards a resolution.

            ACC Policies

            Definitions

            • Bullying is conduct, which includes acts, or language or both, that sufficiently serve, persistent, or pervasive enough to adversely affect the employee’s ability to function productively in the workplace.

            Pursuing Criminal Charges in Texas

            ACC can provide various services for individuals who are affected by discrimination and harassment. In some situations, individuals may choose to file criminal charges with their local law enforcement agency. In these instances, agencies will reference state law definitions, instead of definitions set by the Clery Act, which is reflected in college policy.

            Why is this different than what ACC can provide?

            Investigations at the college that result in a finding of more likely than not that a violation of the Policy occurred will lead to the initiation of disciplinary procedures against the Respondent. College sanctions (including warning, disciplinary probation, restitution, suspension, expulsion, criminal trespass warning, no contact order, revocation of admission and/or degree, withholding degree, or suspension or termination of employment) may be imposed upon those determined to have violated the Policy. The college may implement protective measures following the report of domestic violence, dating violence, sexual assault and/or stalking which may include some or all of the following actions: Mutual no contact order, adjustment of class or work schedule, or assistance with requesting protective orders, and more.

            Sexual assault, domestic violence, dating violence, and stalking are criminal acts which also may subject the perpetrator to criminal and civil penalties under federal and state law.

            State of Texas Definitions

            • Texas Family Code Section 71.0021 – Dating Violence: “an act, other than a defensive measure to protect oneself, by an individual that is committed against a victim with whom the actor has or has had a dating relationship; or because of the victim’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault. ‘Dating relationship’ means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ‘dating relationship.’”
            • Texas Family Code Section 71.004 – Domestic (Family) Violence: “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself, or abuse by a member of a family or household toward a child of the family or household, or dating violence.”
            • Texas Penal Code Section 42.072 – Stalking: “a person who, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that: (1) the person knows or reasonably believes the other person will regard as threatening including bodily injury or death for the other person, bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship, or fear that an offense will be committed against the other person’s property, and (2) causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person’s property, and (3) would cause a reasonable person to fear bodily injury or death for himself or herself, or bodily injury or death for a member of the person’s family or household or for an individual with whom the person has a dating relationship, or fear that an offense will be committed against the person’s property. A fact finder may find that different types of conduct described above, if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.”
            • Texas Penal Code Section 22.011 – Sexual Assault: “a person commits an offense if the person (1) intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means; causes the penetration of the mouth of a child by the sexual organ of the actor; causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
              •  A sexual assault is without the consent of the other person if: the actor compels the other person to submit or participate by the use of physical force or violence; the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge; the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; the actor is a public servant who coerces the other person to submit or participate; or the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor. ‘Child’ means a person younger than 17 years of age. ‘Spouse’ means a person who is legally married to another.”
            • Consent: The state of Texas does not have a standalone definition of consent, in relation to sexual activity. However, sexual assault is considered without consent of the other person if the conditions outlined in the 2nd paragraph of the sexual assault definition (Sec. 22.011 (b)) are met.

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