Title IX Reporting Process

A. Report to Title IX Coordinators

The Title IX Coordinator and the Deputy Title IX Coordinators will be responsible for the oversight and implementation of this policy. Reports may be made in person, by regular mail, telephone, electronic mail, online with the University’s Anonymous Reporting Tool, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. In-person reports must be made during normal business hours, but reports can be made by regular mail, telephone, or electronic mail at any time, including outside normal business hours, to the following individuals:

Amberton University Title IX Coordinator

Dr. Jo Lynn Loyd
Vice President for Strategic Services
13601 LBJ Fwy
Garland, TX 75041

JLoyd@Amberton.edu
972/279-6511 ext. 126

Amberton University Deputy Title IX Coordinator

Dr. Brent Bradshaw
Vice President for Administrative Services
13601 LBJ Fwy
Garland, TX 75041

BBradshaw@Amberton.edu
972/279-6511 ext. 141

B. Medical Treatment and Preservation of Evidence

In cases of sexual assault, and for one’s safety and well-being, immediate medical attention is encouraged to evaluate for physical injury, sexually transmitted diseases, and pregnancy. Being examined as soon as possible, ideally within 72 hours, is important for evidence collection, which may be used to support prosecution should the Complainant decide to pursue criminal charges. A University Official will be glad to assist a victim in contacting the proper law enforcement agency, if the victim so chooses. The victim may also decline to notify a law enforcement agency, if desired.

After contacting the necessary law enforcement authorities as soon as possible, it is important that a victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking does not shower, wash, brush their teeth, or use the restroom, and that they do not wash their clothes or any bedding on which the incident may have occurred. If they do so, important evidence can be lost and/or destroyed that could aid in prosecution of an accused individual or aid the victim in obtaining a protection order.

C. Orders of Protection, No Contact Orders, and Restraining Orders

If the victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking obtains an order of protection, no contact order, restraining order, or other similar lawful order, the victim shall notify the Vice President for Strategic Services of the order and shall supply a copy of the order to the University. When Amberton University receives an order, it will utilize all reasonable measures it has at its disposal to help monitor the provisions of that order.

D. Filing an Anonymous/Confidential Complaint

Any student, employee, third party, or bystander may request that a report of Sexual Harassment remain confidential and/or anonymous as defined by this policy. Additionally, any student and/or employee may obtain assistance with filing a Title IX Complaint, Police Report, and/or information regarding available counseling resources in the surrounding community.

All students and employees who themselves are victims of Sexual Harassment may submit an anonymous complaint through the Amberton University Anonymous Reporting Tool located on the University’s website, under “Help and Advice – Title IX.”[1] The form may also be used to report any financial improprieties, illegal practices, or policy violations committed by university employees or agents and to protect from retaliation those who make such good-faith reports.

When confidentiality of the Complainant is maintained or the Complainant’s identity is unknown, the University’s ability to respond and to take appropriate disciplinary action may be impeded. Nevertheless, the University will attempt to provide resources as provided in this policy and to take steps addressed to remedy the effects of the alleged Sexual Harassment and to prevent its recurrence.

Once a report has been shared with the Title IX Coordinator, the individual impacted may request that their identity remain private, that no investigation occur, or that no disciplinary action be taken. However, the

University must determine whether or not they are required to investigate an alleged incident, even against such a request, in order to protect the health and safety of the University community. Factors the University may consider in evaluating whether to move forward with a Formal Complaint in these circumstances include:

• the seriousness of the alleged incident;
• whether the institution has received other reports of sexual harassment, sexual assault, dating violence, or stalking committed by the alleged perpetrator;
• whether the alleged incident poses a risk of harm to others; and
• any other factors the University determines relevant.

If the Title IX Coordinator elects to file a Formal Complaint, the University will inform the alleged victim of the incident of that decision. Even if the University determines not to investigate the alleged incident, the University may take additional steps the University deems necessary to protect the health and safety of the University’s community in relation to the alleged incident.

E. Amnesty for Students Reporting Certain Incidents

Amberton University may not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of Sexual Harassment for a violation by the student of the institution’s code of conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution’s disciplinary process regarding the incident, if any.

Amberton University may investigate to determine whether a report of an incident of Sexual Harassment was made in good faith. If an investigation results in a finding that such an accusation was made in bad faith or maliciously, the accuser may be disciplined appropriately. However, filing a complaint or providing information which a party or witness genuinely believes is accurate, but which is ultimately dismissed due to insufficient evidence or found to be untrue, does not constitute false reporting.

A determination that a student is entitled to amnesty is final and may not be revoked.

F. Mandatory Reporting Requirement for Employees

Under Texas law, all University employees, with the exception of Confidential Employees, who:

1. in the course and scope of their employment^[2]
2. witnesses or receives information regarding an incident that the employee reasonably believes constitutes Sexual Harassment,[3] Sexual Assault, Dating Violence, or Stalking, which
3. is alleged to have been committed by or against a person who was a student enrolled at or an employee of the University at the time of the incident
4. must promptly report the incident to the University’s Title IX Coordinator or a Deputy Title IX Coordinator.

Writing required. The University’s online reporting form may be used to submit a report to the Title IX Coordinator and Deputy Title IX Coordinator. An email or written memo is also acceptable if it can be delivered to a Title IX Coordinator promptly after the employee’s duty to report arises.

Report Contents. The employee’s report must include all information concerning the incident known to the employee, which is relevant to an investigation under this policy, including whether the subject of the report has expressed a desire for an institutional response to the incident or made a request for confidentiality in reporting the incident.

Confidentiality. Unless waived in writing by the affected individual, the identity of an alleged victim of an incident reported pursuant to this mandatory reporting requirement may be disclosed only to (a) employees of the University who are necessary to conduct an investigation of the report or any related hearings and (b) a law enforcement officer.

Exceptions. The mandatory reporting requirement does not apply to:

1. Employees who are themselves the victims of the Sexual Harassment, Sexual Assault, Dating Violence, or Stalking;

2. Students enrolled at the institution;^[4]

3. Instances when an employee receives information about Sexual Harassment, Sexual Assault, Dating Violence, or Stalking at a public awareness event sponsored by the University; or

Consequences of Non-Compliance. An employee who fails to make a required report will be terminated following an investigation and any required process under the applicable personnel policy.[5]

Immunity. An employee who, in good faith reports or assists in the investigation of a report under this policy, or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from a report of such an incident, will not be subject to disciplinary action for violations of the administrative policies of Amberton University that are reasonably related to the incident. This immunity does not apply to a

person who perpetrates or assists in the perpetration of the incident reported under this policy or who commits a criminal offense pursuant to Texas Education Code § 51.255(a).

F. Confidential Employees

The University believes it is critical to provide community members who may be experiencing Sexual Harassment information about available institutional resources to empower those individuals to make informed decisions about their rights and options. Members of the University community may speak to officially designated Confidential Employees[6] about Sexual Harassment, Sexual Assault, Dating Violence, or Stalking without the conversation triggering a mandatory report of incident details.

The University has designated the following Confidential Employee(s):

Dr. Pamela Johnson
(972)279-6511 ext. 147
TitleIX_CE@Amberton.edu

A Confidential Employee is not required to report any information that would violate an individual’s expectation of privacy, such as the name or other identifying information of an individual who has experienced or allegedly engaged in Sexual Harassment.

This provision does not affect any employee’s duty to report incidents of sexual misconduct as required by other law.

E. Reports to Law Enforcement

The University recognizes and supports the right of a victim of a crime to choose whether to report the crime to law enforcement, to be assisted by the institution in reporting the crime to law enforcement, or to decline to report the crime to law enforcement. In addition, it is important for a victim of sexual harassment, sexual assault, dating violence, or stalking to go to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after an incident. The University encourages anyone who believes they experienced or witnessed a crime to make a report to local law enforcement:

The Garland Police Department: https://www.garlandpolice.com/331/Police

The Frisco Police Department: http://www.ci.frisco.tx.us/288/Programs-Services

H. Prohibition on False Complaints

Reports of a violation of this policy must be made in good faith. The University will not tolerate intentional false reporting of incidents. It is also a violation of this policy for any person to knowingly make a materially false statement during the course of an investigation, adjudication, or appeal under this policy. However, filing a complaint or providing information which a party or witness genuinely believes is accurate (i.e., in “good faith”), but which is ultimately dismissed due to insufficient evidence or found to be untrue, does not constitute intentional false reporting. Members of the University community are encouraged to seek assistance even if they are unsure that what they are experiencing is Sexual or Other Unlawful Harassment. Any person who knowingly files a false complaint is subject to disciplinary action, up to and including termination or dismissal from the University.

I. Retaliation

No member of the University community may retaliate against another member for filing a complaint pursuant to this policy or for cooperating in an investigation of a violation of this policy. Complaints of retaliation should be reported immediately to the University’s Title IX Coordinator. Any person who knowingly and intentionally retaliates against an individual is subject to disciplinary action, up to and including termination or dismissal from the University.

VI. Preliminary Assessment of Report

Upon receipt of a report, the Title IX Coordinator will conduct a preliminary assessment to determine whether the conduct, as reported, constitutes or could constitute Sexual Harassment.

If the Title IX Coordinator determines that the conduct reported could not fall within the scope of this policy, and/or could not constitute Sexual Harassment, even if investigated, the Title IX Coordinator will close the matter and may notify the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”). The Title IX Coordinator may refer the report to other University offices, as appropriate.

If the Title IX Coordinator determines that the conduct reported could fall within the scope of this policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant.

As part of the preliminary assessment, the Title IX Coordinator may take investigative steps to determine the identity of the Complainant, if such identity is not apparent from the report.

A. Contacting the Complainant

If a report is not closed as a result of the preliminary assessment and the Complainant’s identity is known, the Title IX Coordinator or their designee will promptly contact the Complainant to discuss the following:

• the availability of Supportive Measures with or without filing a Formal Complaint;
• the Complainant’s wishes with respect to such Supportive Measures;
• the process for filing and pursuing a Formal Complaint;
• the importance of going to a hospital for treatment and preservation of evidence as soon as practicable after the incident, if applicable;
• the right to report the incident to the institution and to receive a prompt and equitable resolution of the report;
• the right of a victim of a crime to choose whether to report the crime to law enforcement, to be assisted by the institution in reporting the crime to law enforcement, or to decline to report the crime to law enforcement; and
• information about resources that are available on campus and in the community.

B. Supportive Measures

The Title IX Coordinator or his/her designee will coordinate all services for individuals impacted by Sexual Harassment. These services include but are not limited to issuing a no-contact order, confidential counseling, academic and residence hall accommodations for students when possible, as well as referrals within the University and in the local community. In addition, the University will allow the Complainant and the Respondent to drop a course in which both parties are enrolled without any academic penalty.

Any individual affected by or accused of Sexual Harassment will have equal access to support and counseling services offered through the University. The University encourages any individual who has questions or concerns to seek support of University-identified resources. The Title IX Coordinator is available to provide information about the University’s policy and procedure and to provide assistance. A list of University identified resources is located at https://www.amberton.edu/help-and-advice/title-ix.html.

Complainant: The Title IX Coordinator or their designee will offer and make available Supportive Measures to the Complainant upon receipt of a report of Sexual Harassment regardless of whether the Complainant elects to file a Formal Complaint.

Respondent: The Title IX Coordinator will notify the Respondent of the availability of Supportive Measures contemporaneously with the Respondent being notified of a Formal Complaint. Once a Formal Complaint has been initiated, the University will offer and make available Supportive Measures to the Respondent in the same manner in which it offers and makes them available to the Complainant. The University will also offer and make available Supportive Measures to the Respondent prior to the Respondent being notified of a Formal Complaint, if the Respondent requests such measures.

All Parties: The University will, to the greatest extent practicable, ensure that each Party or other person who reports an incident of Sexual Harassment is offered counseling provided by a counselor who does not provide counseling to any other person involved in the incident. In addition, all Parties are allowed to drop a course in which both Parties are enrolled without any academic penalty.

Confidentiality: The University will maintain the confidentiality of Supportive Measures provided to either a Complainant or Respondent, to the extent that maintaining such confidentiality does not impair the University’s ability to provide the Supportive Measures in question.

VII. Formal Complaint

A. Filing a Formal Complaint

A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the University investigate and adjudicate a report of Sexual Harassment in accordance with this policy. Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the University’s Education Programs or Activities.

A Complainant may file a Formal Complaint with the Title IX Coordinator in person, by regular mail, or by email using the contact information specified in Section VI above. No person may submit a Formal Complaint on the Complainant’s behalf.

In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the University if doing so is not clearly unreasonable. Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University Community. Factors the Title IX Coordinator may consider include (but are not limited to):

• the seriousness of the alleged incident, including (a) whether a weapon was involved in the incident, (b) whether multiple assailants were involved in the incident, and (c) whether the incident is poses a risk of recurrence;
• whether the institution has received other reports of Sexual Harassment committed by the Respondent;
• whether the alleged incident poses a risk of harm to others; and
• any other factors the University determines relevant.

If the Complainant or the Title IX Coordinator files a Formal Complaint, then the University will commence an investigation and proceed to adjudicate the matter. If the University elects to proceed as a Complainant, the University will inform the alleged victim of the incident of that decision. In all cases where a Formal Complaint is filed, the Complainant will be treated as a Party, irrespective of the Party’s level of participation.

B. Consolidation of Formal Complaints

The University may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Sexual Harassment arise out of the same facts or circumstances. Where the investigation and adjudication process involve more than one Complainant or more than one Respondent, references in this policy to the singular “Party,” “Complainant,” or “Respondent” include the plural, as applicable.

C. Dismissal Prior to Commencement of Investigation

In a case where the Complainant files a Formal Complaint, the Title IX Coordinator will evaluate the Formal Complaint and must dismiss it if the Title IX Coordinator determines:

1. The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or
2. The conduct alleged in the Formal Complaint falls outside the scope of this policy (i.e., because the alleged conduct did not occur in the University’s Education Programs and Activities).

In the event the Title IX Coordinator determines the Formal Complaint should be dismissed pursuant to this Section, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal. The Title IX Coordinator may refer the subject matter of the Formal Complaint to other University offices, as appropriate. A dismissal pursuant to this Section is presumptively a final determination for purposes of this policy, unless otherwise specified in writing by the Title IX Coordinator in the written notice of dismissal.

D. Notice of Formal Complaint

Within five days of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes:

• A physical copy of or hyperlink to this policy;
• Sufficient details known at the time so that the Parties may prepare for an initial interview with the investigator, to include the identities of the parties involved in the incident (if known), the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident (if known);
• A statement that the Respondent is presumed not responsible for the alleged Sexual Harassment and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal;
• Notifying the Complainant and Respondent of their right to be accompanied by an advisor of their choice;
• Notifying the Complainant and Respondent of their right to inspect and review evidence;
• Notifying the Complainant and Respondent of the University’s prohibitions on retaliation and false statements; and
• Information about resources that are available on campus and in the community.

Should the University elect, at any point, to investigate allegations that are materially beyond the scope of the initial written notice, the University will provide a supplemental written notice describing the additional allegations to be investigated.

E. Presumption of Non-Responsibility

From the time a report or Formal Complaint is made, a Respondent is presumed not responsible for the alleged misconduct until a determination regarding responsibility is made final.

F. Interim Removal

At any time after receiving a report of Sexual Harassment, the Title IX Coordinator may remove a student Respondent from the University’s education programs and activities on a temporary basis if an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal. In the event the Title IX Coordinator imposes an interim removal, the Title IX Coordinator must offer to promptly meet with the Respondent provide the Respondent an opportunity to challenge the interim removal.

In the case of a Respondent who is a non-student employee (administrator, faculty, or staff), and in its discretion, the University may place the Respondent on administrative leave at any time after receiving a report of Sexual Harassment, including during the pendency of the investigation and adjudication process.

For all other Respondents, including independent contractors and guests, the University retains broad discretion to prohibit such persons from entering onto its campus and other properties at any time, and for any reason, whether after receiving a report of Sexual Harassment or otherwise.