Title IX of the Education Amendment of 1972

“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 program or activity receiving Federal financial assistance.”


Tulsa Community College is committed to establishing a safe and healthy environment for its students, employees and visitors. Individuals deserve the right to work and learn in an atmosphere free of violence and harassment and only if the community works together can we create a positive and healthy environment. The College takes acts of dating violence, domestic violence, harassment, threats and bullying on the basis of sex, retaliation, sexual harassment, sexual misconduct, and stalking extremely seriously and strongly encourages individuals to report these acts.
 

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Notice of Non-Discrimination

Tulsa Community College is committed to establishing an environment for its students and employees that fosters inclusion, values equity and diversity, embraces and respects the dignity of people, and provides equal educational and employment opportunity. In compliance with all applicable federal and state laws and regulations the College does not discriminate on the basis of race, color, national origin, sex, age, religion, disability, status as a veteran, sexual orientation, gender identity, genetic information, or any other basis protected by applicable discrimination law in its policies, practices, or procedures. This includes, but is not limited to admissions, employment, financial aid and educational programs, activities, or services. The Civil Rights Compliance Administrator, 3727 E. Apache Room AB218, Tulsa, Oklahoma; Phone 918-595- 8487; email: TCCnondiscrimination@tulsacc.edu has been designated to handle inquiries regarding non-discrimination policies. The Title IX Coordinator, 909 S. Boston Ave, Room 505, Tulsa, Oklahoma; Phone 918-595-7842; email: TCCTitleIX@tulsacc.edu has been designated to handle inquiries regarding sex discrimination, including sexual harassment, sexual assault, pregnancy, domestic violence, and stalking.

 

Title IX Coordinator

Heather Hancock
Title IX Coordinator
909 S. Boston Ave, Room 505
(918) 595-7842
Heather.hancock@tulsacc.edu

 

Civil Rights Compliance Administrator

Kaye Ellis
Civil Rights Compliance Administrator
3727 E Apache Room AB218
(918) 595-8487
kaye.ellis@tulsacc.edu

 

Reporting A Complaint

A Title IX complaint can be reported by contacting the Title IX Coordinator, Heather Hancock at (918) 595-7842 or TCCTitleIX@tulsacc.edu.

Support Resources

The following support resources are available for students and employees who have been affected by any Prohibited Conduct regardless of whether there is an investigation.

 

Domestic Violence Intervention Services Counselor

Lori Gonzalez
918-805-4794
In person confidential crisis intervention, safety planning, referrals for basic needs and advocacy for police reports and sexual assault exams.

 

Student and Employee Assistance Program 

1- 800-327-2251
Over the phone confidential counseling, crisis assistance and referrals to community resources.  

 

Student Wellness Services

918-595-7569 or 918-595-7269
Short Term in person confidential counseling. (Students Only)

 

Title IX Coordinator                                                                                                                   

918-595-7842 or heather.hancock@tulsacc.edu                  
This person can assist with a Title IX complaint, provide academic accommodations and interim measures.

 

Campus Police                                                                                                                              

918-595-8888
Save this number in your phone in the event you need to call Campus Police. They can also assist with personal escorts to your vehicle and filing a police report. 

Confidential Resources

Confidential Reporters for Students or Employees

Lori Aery Gonzalez, MS, LPC
DVIS Outreach Counselor
(918) 743-5763

Ravin Crawford, MBA
Violence Prevention Program Coordinator
(918) 595-7907
Ravin.crawford@tulsacc.edu

Confidential Reporters for Students Only

Andrea Schroyer, MS, LPC
LPC Wellness Services
(918) 595-7569
Andrea.schroyer@tulsacc.edu

Jessica Heavin, MS, LPC, NCC, CEAP
Director of Wellness Services
(918) 5995-7269
Jessica.heavin@tulsacc.edu

Accommodations & Interim Measures

Accommodations and Interim Measures: When the College has notice of an allegation of Prohibited Conduct, the Title IX Coordinator may impose interim or safety measures, which will generally remain in effect during the Title IX investigation. 

The College may take steps to provide interim measures to limit the effects of the alleged harassment. Interim measures may include, but are not limited to:

  1. Class reassignment
  2. Academic accommodations
  3. Interim leave from the college
  4. Limitation of college activities
  5. No Contact Order
  6. Safety escorts
  7. Parking arrangements
  8. Employment reassignment
  9. Administrative leave with or without pay
  10. Training
  11. Other appropriate actions as necessary to stop the Prohibited Conduct, prevent its recurrence, and remedy its effect.

Interim measures may be implemented at any time, even if originally declined.

 

Accommodations in the Event of No Investigation: Even if the College decides not to confront the responding party because of the reporting party’s request for confidentiality, the College will still offer interim measures to limit the effects of the alleged harassment.

Investigation Process

  1. Assigning an Investigator: When a determination is made to proceed with a Title IX investigation, the Title IX Coordinator will investigate or will assign an unbiased investigator.
  2. Notice of Investigation: At the outset of an investigation, the Title IX Coordinator or designee will advise both parties of the allegations in writing.
  3. Opportunity to Participate: Both the Reporting Party and Responding Party will have an opportunity to respond to the Notice of Investigation in writing and in a meeting with the assigned investigator. Both parties have the right to request that the investigator meet with relevant witnesses and evaluate relevant evidence.
  4. Evidentiary Determination: The investigator has broad discretion in determining whether an offered witness or documentary evidence would be relevant or helpful to a determination. For example, an investigator might decline to speak to a witness because there is not a sufficient basis that the person could have relevant information to the factual determination; the information to be solicited would be repetitive; or confidentiality concerns outweigh the importance of the information.
  5. Title IX Coordinator review: In the event the investigator is not the Title IX Coordinator, the investigator will provide an Investigative Report to the Title IX Coordinator.
  6. Resolution Process: Depending on the Prohibited Conduct violation, the Administrative Resolution or Title IX Hearing Resolution process will determine the finding and any outcomes, if appropriate.
  7. Investigation Outcome: Upon completion of the investigation and Resolution Process, the Title IX Coordinator or designee will issue each party a written Outcome Letter including findings of fact, and if applicable, any actions the College will take to provide accommodations or safety measures for the College community.
  8. Outcome Appeal: Either party may submit an appeal to review the outcomes, but not the findings, of an outcome of a Title IX investigation.

An individual may have a support person accompany them through the investigative and resolution process. A support person may not speak for the student or employee.

The College strives to avoid any conflict of interest or bias on the part of any individual responsible for investigating and/or resolving alleged misconduct. Any party who wishes to express concerns about a conflict of interest or bias should notify the Title IX Coordinator in writing. In instances where a conflict of interest or perceived bias on the part of the Title IX Coordinator occurs, the notification should be made in writing to the Chief Human Resources Officer.   

Resolution Process

Each resolution process involving a complaint of the Sex and Gender Harassment, Discrimination, and Misconduct Policy will provide a prompt, fair, and impartial investigation and resolution, organized through the Title IX Office. Depending on the alleged Prohibited Conduct violation, the complaint will be resolved in one of two ways:

Administrative Resolution: If the Title IX Coordinator determines the complaint alleges a policy violation of the following Prohibited Conduct, then the Administrative Resolution process will be used:

  1. Harassment, Threats, Bullying on the basis of sex (Refer to Prohibited Conduct 5.3)
  2. Retaliation (Refer to Prohibited Conduct 5.4)
  3. Sexual Harassment (Refer to Prohibited Conduct 5.5)
  4. Violation of a No Contact Order (Refer to Prohibited Conduct 5.8)

The Chief Human Resources Officer, in consultation with the Title IX Coordinator, will oversee the Administrative Resolution process when College employees are involved; The Dean of Student Affairs, Student Judicial Affairs and Wellness, in consultation with the Title IX Coordinator, will oversee the process when students are involved. When both a student and employee are involved, the Dean of Student Affairs, Student Judicial Affairs and Wellness, and the Chief Human Resources Officer will work together in consultation with the Title IX Coordinator to determine a finding and outcome.

Title IX Hearing Resolution Panel: If the Title IX Coordinator determines the complaint alleges a policy violation of the Prohibited Conduct, then the Title IX Hearing Resolution process will be used:

  1. Dating violence (Refer to Prohibited Conduct 5.1)
  2. Domestic violence (Refer to Prohibited Conduct 5.2)
  3. Sexual misconduct (Refer to Prohibited Conduct 5.6)
  4. Stalking (Refer to Prohibited Conduct 5.7)

Decisions of findings in the Title IX Hearing Resolution process will be reached by a panel of three trained Tulsa Community College employees, selected from a group of faculty, staff, and administrators. When an employee is the Responding Party, a minimum of one of the three panelist will be a representative from Human Resources. When a student is the Responding Party, the Dean of Student Affairs, Student Judicial Affairs and Wellness will serve as one of the three panelist.

In cases involving more than one allegation, the College does not require individuals to engage in more than one resolution process. If an allegation includes dating violence, domestic violence, sexual misconduct, or stalking in addition to any prohibited conduct in the Administrative Resolution process, the Title IX Hearing Resolution Panel will be used. Similarly, any time there are, multiple allegations against an individual which includes dating violence, domestic violence, sexual misconduct, or stalking, the Title IX Hearing Resolution Hearing Panel will be used to address all of the allegations. For example, if there is an allegation of stalking and a violation of the College’s Guidelines for the Use of Electronic Mail policy, then both allegations would be addressed at the same time through the Title IX Hearing Resolution Panel process. This practice assures that no one is subject to multiple processes and allows the College to maintain the appropriate level of due process for Title IX allegations. 

Definitions

Business Day: Monday through Friday, 8:00 a.m. to 5:00 p.m., except federal or state holidays and any other days Tulsa Community College deems necessary to close.

College or Institution: Tulsa Community College

College Community Member:  Includes any person who is a student, faculty member, College official or any other person employed by the College.

College Official: Includes any person employed by the College, performing assigned administrative or professional responsibilities, including all TCC affiliated boards.

College Premises: Any buildings or grounds owned, leased, or controlled by the College.

College-sponsored activity: Any activity on College premises or at an off-campus location that is directly initiated or supervised by the College or a College recognized group or organization. This includes student organizations, study abroad programs, and events. In addition, College-operated or leased transit is included in this activity even if the behavior occurs off College premises.

Dean’s Hold:  A Dean’s hold restricts enrollment and transcript release. 

Effective Consent: is informed, freely and actively given, using mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Initiators of sexual activity are responsible for obtaining effective consent. Silence or passivity is not effective consent. The use of intimidation, coercion, threats, force, or violence negates any consent obtained. Consent is not effective if obtained from an individual who is incapable of giving consent due to lack of consciousness, age, mental disability or incapacitation due to ingestion of drugs or alcohol

Employee Handbook: All policies defined in the TCC Employee or Faculty Handbook.

Evidentiary Standard: In order for a student or employee to be found responsible, the information must support a determination that is more likely than not that a violation of the Sex and Gender Harassment, Discrimination and Misconduct Policy occurred. Hearsay evidence may be considered but will be weighed accordingly.  

Faculty Member:  Any full time or part time individual hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of the faculty.

Family Educational Rights and Privacy Act (FERPA): A federal law originally passed in 1974 that defines student educational records and regulates who may access those records and under what circumstances. The purpose of FERPA is to protect the privacy of student education records.

Hearing Procedures: The hearing is not a legal proceeding. Formal rules of process, procedure, and evidence do not apply. Necessary levels of due process and fairness will be provided to all participants during these proceedings.

Investigative Report: The report of investigation prepared by an investigator after a formal complaint is filed, processed, and investigated.

No Contact Order: A prohibition of direct or indirect physical, verbal, or written contact. A No Contact Order is provided by the College, not by law enforcement.

Notice: When a College employee has information about a concern regarding Prohibited Conduct.

Notice of Investigation: A written statement provided to the Responding Party advising that an investigation will take place under this policy. It will include a general statement of the complaint.

Outcome Letter: Letter provided to both parties at the end of the investigation. In general, it will include finding (s), and if applicable, any action the college will take.  

Prohibited Conduct: Conduct that potentially jeopardizes individuals’ or community’s safety or educational opportunities. Prohibited conduct can occur on or off campus.

Reporter: An individual who reports a complaint; the College may serve as a reporter. Also referred to as a mandatory reporter.

Reporting Party: Any student, employee, or vendor that is making an allegation against another person of Prohibited Conduct or is being negatively impacted by someone violating the Prohibited Conduct.

Responding Party: Any student, employee, or vendor that is alleged to have violated the Prohibited Conduct.

Outcome: A disciplinary action imposed for students or employees who are found responsible for violating the Sex and Gender Harassment, Discrimination, and Misconduct Policy. Outcomes are designed to include educational measures that hold students and employees accountable for their behavior, providing the opportunity for behavior change. outcomes can range from a written warning to expulsion and termination. For a complete list, see section 10.

Student: For the purpose of the Sex and Gender Harassment, Discrimination and Misconduct Policy the definition of student is a person who:

  • Has applied or has the intent to apply to the College,
  • Registered for classes, or otherwise entered into any other contractual relationship with the College.
  • The active or inactive status of the student will determine the procedures and outcome for a Student Code of Conduct complaint.  A student who withdraws from a course or from the College, or completes their courses after the date of an alleged violation is still considered a student. 
  • Student Status: 
    • Active Status: Any person enrolled in or taking courses at or through the College, either full-time or part-time, credit or noncredit, including correspondence study, concurrent courses, dual enrollment, online courses, study abroad, and auditing courses. Active student status lasts until an individual graduates, is dismissed, or is not in attendance for three (3) consecutive semesters (i.e. fall-spring-fall semesters.)
    • An inactive student is any person possessing a TCC ID number but not meeting the entire criteria of an active student.
    • Allegations of sexual misconduct may be filed at any time, whether or not the student is currently enrolled or registered.

Student Code of Conduct: All policies delineated in the TCC Student Policies & Resources Handbook. 

Support Person: A person who has agreed to provide support to a reporting or responding party during the College investigative and resolution process. The support person is an individual chosen by the student or employee such as a parent, friend, or an attorney. The College does not provide a support person for either parties. Any compensation for a support person is the responsibility of the student or employee.

Title IX: A comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. 

Title IX Coordinator: The designated employee to coordinate efforts to comply with and carry out the College’s responsibilities under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education programs and activities.

Title IX Hearing Panel: A trained group of individuals who are responsible for determining if a Responding Party is more likely than not to have violated the Sex and Gender, Discrimination and Misconduct Policy: Specifically prohibited conduct of Dating Violence, Domestic Violence, Sexual Misconduct, or Stalking.

Rights & Responsibilities

Responsibilities of the Parties and Witnesses

  1. To be truthful, to cooperate with the process, and to follow the directions of the College staff administering this process;
  2. To not retaliate against or intimidate any individual who has reported a Title IX concern or who has participated as a witness in the process; and
  3. To keep confidential documents and materials received from the College during this process.

Rights of the Parties and Witnesses

  1. An investigation and appropriate resolution of all credible allegations made in good faith;
  2. Treated with respect, dignity, and sensitivity throughout the process;
  3. Informed by TCC officials of options to notify proper law enforcement authorities and the option to be assisted in notifying such authorities, if the reporting party so chooses. This also includes the right not to be pressured to report;
  4. Not be discouraged by TCC officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities;
  5. Be notified of available counseling and other resources, both on campus and in the community;
  6. Ability to submit the names of relevant witnesses;
  7. To not have irrelevant prior sexual history admitted as evidence;
  8. Regular updates on the status of the investigation and/or resolution;
  9. Request that any TCC representative involved in the process be removed on the basis of demonstrated bias and/or conflict of interest;
  10. Have a support person of their choosing, to attend but not participate, during all phases of the investigation and resolution meetings;
  11. Participate in the investigation, including providing relevant information to the investigator;
  12. Be promptly informed of the outcome and outcome of the resolution process in writing, without undue delay between the notifications to the parties;
  13. Be protected from retaliation and intimidation where one has reported a Title IX concern or participates as a witness in the process;
  14. Receive an Outcome Letter.

Prohibited Conduct

Dating Violence: Dating violence includes sexual or physical abuse or the threat of such abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person. The existence of such a relationship shall be determined based on the length of relationship, type of relationship, and frequency of interaction between the persons involved in the relationship. Dating violence does not include acts that meet the definition of domestic violence.

Domestic Violence: Domestic violence is a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, economic, or psychological actions, or threat of actions that influence another. Domestic violence is a crime of violence committed by a:

  1. Current or former spouse or intimate partner of victim;
  2. Person with whom the victim shares a child in common;
  3. Person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner; or
  4. Person similarly situated to a spouse of the victim.

Harassment, Threats, and Bullying on the basis of sex: Engaging in subjectively and objectively offensive verbal abuse, threats, intimidation, harassment, coercion, bullying, or other conduct that threatens or endangers the mental or physical health/safety of any person or causes reasonable apprehension of such harm that is persistent, severe, or pervasive and objectively offensive.

Discrimination based on sex or gender may occur in situations where there is a power differential between the parties (Faculty-student, Supervisor-employee) or where the persons share the same status (student-student, faculty-faculty) and between same or opposite sex (female-female, male-female, male-male).

Retaliation: The College will not tolerate retaliation against a person who, in good faith, brings a complaint under this policy forward. Retaliation against an individual who has brought a complaint forward or against an individual who has participated in an investigation or conduct process is prohibited.

Retaliatory actions include threats or actual violence against the person or that person’s property, adverse educational or employment consequences, ridicule, intimidation, bullying, or ostracism. The College will impose outcomes on any faculty, student, or staff member found to be engaging in retaliation, or on individuals who encourage third parties to retaliate on their behalf.

Sexual Harassment: Making unwelcomed sexual advances, request for sexual favors, and other verbal or physical contact or communication of a sexual nature when:

  1. Submission to or rejection of such conduct or communication is made either explicitly or implicitly a term or condition of educational benefits, employment, academic evaluations, or other academic opportunities;
  2. Submission to or rejection of such conduct or communication by an individual is used as the basis for an employment decision or academic decision affecting such individual; or
  3. Such conduct is sufficiently severe, pervasive, or persistent, and both subjectively and objectively offensive, and has the effect of creating an intimidating, hostile, or offensive environment that negatively affects an individual’s academic or employment environment.

Sexual Misconduct: Engaging in non-consensual contact of sexual nature. Sexual misconduct may vary in its severity and consists of a range of behaviors or attempted behaviors including the following examples:

  1. Unwelcome sexual touching:
    • Touching an unwilling or non-consensual person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, or clothing covering the same);
    • touching an unwilling person with one’s own intimate parts;
    • or forcing an unwilling person to touch another’s intimate parts;
  2. Exposure: Engaging in indecent exposure, sexual acts in a public place, voyeurism, or non-consensual person with any object or body part;
  3. Non-consensual sexual assault: Penetrating any bodily opening of an unwilling or non-consensual person with any object or body part;
  4. Forced sexual assault: Penetrating any bodily opening of an unwilling or non-consensual person with any object or body part that is committed either by force, threat, intimidation, or though exploitation of another’s mental or physical condition (such as lack of consciousness, incapacitation due to ingestion of drugs or alcohol, age or mental disability) of which the responding party was aware or should have been aware.

Effective consent is informed, freely and actively given, and uses mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Silence or passivity is not effective consent. The use of intimidation, coercion, threats, force, or violence negates any consent obtained. Consent is not effective if obtained from an individual who is incapable of giving consent due to lack of consciousness, age, mental disability, or incapacitation due to ingestion of drugs or alcohol. Initiators of sexual activity are responsible for obtaining clear communication of consent.

Stalking: Stalking refers to one who engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or for the safety of others or to suffer substantial emotional distress.

  1. Course of conduct means two or more acts, including 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;
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim;
  3. Substantial emotional distress means significant mental suffering or anguish, which may require medical or other professional treatment or counseling;
  4. Following includes the tracking of movement or location of an individual through the use of a Global Positioning System (GPS) or other monitoring device by a person or persons who act on behalf of another, without the consent of the individual whose movement or location is being tracked.             

Violation of a No Contact Order: When an individual violates the terms of an active No Contact Order.

Pregnancy Resources

TCC does not discriminate against any student on the basis of pregnancy or related conditions. Absences due to medical conditions relating to pregnancy will be excused for as long as deemed medically necessary and students will be given the opportunity to make up missed work. A student is allowed to return to the same academic and extracurricular status as before the medical leave began. Students needing accommodations can seek assistance from the Title IX Office, 918-595-7842, TCCTitleIX@tulsacc.edu

The College supports the rights of nursing mothers in the workplace in compliance with the Patient Protection and Affordable Care Act. Mothers returning to work following the birth of a child will be provided reasonable break periods to express breast milk. The College has dedicated a Lactation room on every TCC campus for any student, employee or visitor to use to express milk or to be used to feed a child if desired. Here is a list of the Lactation rooms:  

 

Lactation Rooms

Every TCC campus has a designated private space where mothers can nurse or use a breast pump. If room is locked, please contact 918-595-8888 and Campus Police will unlock.

·         Metro Campus Academic Building - MC2017

·         Northeast Campus Academic Building - AB 147

·         Southeast Campus Science and Math Building - SEC8156

·         West Campus Student Union - SC108

·         Conference Center 4th Floor - CC407

·         Aviation Center - Room 123

·         Owasso Campus - Room 2319