San Jacinto College Campus Sexual Assault Policy
Campus Sexual Assault Policy
Students who believe that they have been subjected to sexual misconduct (sexual assault, sexual harassment, dating violence, domestic violence, intimate partner violence or stalking) are encouraged to report their complaint to the SJC Campus Police Department (281-476-9128) as soon as possible after the incident occurs. Reports of sexual misconduct involving another student also may be directed to the Compliance & Judicial Affairs Office by submitting an Online Incident Report at www.sanjac.edu/incident-report or by calling 281-478-2756. Reports of sexual misconduct involving an employee should be reported to the Human Resources Department by calling 281-991-2648.
Existing disciplinary and complaint procedures, found in the Student Handbook, will serve as the framework for resolving allegations of sexual misconduct against students. Students found guilty of sexual misconduct will be subject to campus disciplinary sanctions. If an investigation substantiates that an employee engaged in sexual misconduct, the employee is subject to disciplinary action, up to and including termination, as provided in Board policy. In addition, any employee or student may face criminal prosecution for violations of applicable state and federal laws.
During an investigation or any disciplinary proceeding, the rights of both the respondent and the reporting party shall be respected, and the confidentiality of proceedings will be maintained to the extent permitted by law. The existence of the College’s policies and procedures is not intended to diminish or alter the rights that the respondent and reporting party have under civil law or the criminal law.
All sexual assault policies and complaint procedures can be found in the Code of Student Conduct and the Complaint Procedures sections of the Student Handbook.
In accordance with Texas House Bill No. 699 and the Campus SaVE Act/Clery Act, San Jacinto College provides an orientation/training on the College’s campus sexual assault policy for incoming freshman during their first term of enrollment.
Definitions of Prohibited Behavior
(Definitions and additional information can be found in the Student Handbook)
Sexual Assault: Intentionally or knowingly causing physical sexual contact or sexual penetration of another person without that person’s consent. "Sexual contact" includes any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. Sexual assault is without consent of the other person if the actor compels the other person to submit or participate by use of physical force or violence, or threat of force or violence, and the other person believes the actor has the present ability to execute the threat; or the other person cannot consent due to age, mental impairment, or other circumstance.
Sexual Harassment: Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome verbal comments of a sexual nature, and unwelcome physical contact or touching of a sexual nature. Sexual harassment is wrongful regardless of whether the parties are of the same sex or of the opposite sex.
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. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Domestic Violence: The term “domestic violence” refers to a pattern of abusive behavior between two individuals formerly or currently in an intimate relationship, including through marriage, cohabitation, dating, or within a familial or household arrangement. Abuse may be in the form of physical assault, sexual assault, bodily injury, emotional distress, physical endangerment, or when the imminent threat of any of these instances puts the victim in fear of their occurrence. The term encompasses acts committed by by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, and by a person similarly situated to a spouse or the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Intimate Partner Violence: Physical violence, sexual violence, stalking and psychological aggression (including coercive acts) by a current or former intimate partner.
Stalking: a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. “Course of conduct” means two more acts, including, but not limited to, acts in which the stalker directly or indirectly, or through third parties, by any action, method, device or means.
Federal Requirements For Students to Know
Jeanne Clery Act – Crime Statistics Reporting
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal mandate requiring all colleges and universities that participate in the federal student financial aid program to disclose information about crime on their campuses and in the surrounding communities. The Clery Act requires San Jacinto College and other institutions of higher education to do the following:
- Collect, classify, and publish crime reports and statistics related to crime.
- Issue timely warnings and campus alerts for Clery-reportable crimes that represent an ongoing threat to the safety of students or employees, or emergency notifications upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees.
- Publish an annual security report containing safety and security-related policy statements and crime statistics and distribute it to all current students and employees.
- Submit crime statistics to the U.S. Department of Education each fall via a web-based data collection.
- Maintain a daily crime log of alleged criminal incidents that is open to public inspection.
- Disclose missing student notification procedures that pertain to students residing in on-campus student housing facilities.
Violence Against Women Act (VAWA)
In March 2013, the Violence Against Women Reauthorization Act (VAWA) was signed, which focuses on improving the criminal justice response to violence against women. This includes improved accountability for colleges to educate students and prevent gender-based violence. Additional rights were provided to campus victims of domestic violence, dating violence, sexual assault, and stalking.
Campus SaVE Act (Sexual Violence Elimination Act)
In 2013, the Campus SaVE Act was added to VAWA as an amendment, and it seeks to address the violence women face on campus. The act covers domestic violence, dating violence, sexual assault, and stalking. It requires incidents to be disclosed in the annual “Clery” campus crime statistic reports; clarifies minimum standards for institutional disciplinary procedures; instructs colleges and universities to provide programming for students and employees; and establishes collaboration between the U.S. Departments of Justice, Education, and Health and Human Services to collect and disseminate best practices for preventing and responding to domestic violence, dating violence, sexual assault, and stalking.
Title IX of the Education Amendments of 1972
Title IX is a federal law that prohibits sex discrimination and sexual harassment by institutions of higher education that receive federal financial aid. (See 20 U.S.C. § 1681.) Each institution must maintain a grievance process that is prompt, equitable, and impartial. Title IX also requires each institution to appoint one more “Title IX Coordinators” to coordinate compliance with the statute. Title IX is enforced by the Office for Civil Rights of the U.S. Department of Education.