Title IX of the Education Amendments of 1972
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex for any college or university that receives federal financial funding.
Title IX states: 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.
Title IX covers all forms of sexual discrimination and sexual misconduct, including but not limited to sexual harassment, rape, sexual assault, sexual exploitation, stalking, dating violence and domestic violence. Southwestern Christian College is committed to ensuring that all reports of sexual discrimination and misconduct reported by an individual are promptly addressed to determine what occurred, take interim steps to protect the individual if necessary, provide a timely response to end any violence, prevent its recurrence and eliminate the effects of any discrimination.
Sexual Assault Definitions
Sexual Assault (Sex Offenses): Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.
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. Both males and females can be raped.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
First-degree sexual assault. A person is guilty of first-degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist:
(1) Any forced, coerced penetration of the vagina, anus, or mouth by any part of another’s body or an object
(2) Lack of consent. This does not require physical resistance or verbal refusal. Someone who is asleep, drunk/intoxicated, or otherwise unable to give consent can be raped. .
Second-degree sexual assault. A person is guilty of a second-degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist:
(1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.
(2) The accused uses force, element of surprise, or coercion.
(3) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
Third degree sexual assault. A person is guilty of third degree sexual assault if he or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.
Responses to Sexual Assault
It is imperative that students, administrators, faculty and staff are educated, knowledgeable and armed with information about how to respond to violent acts committed against women (and men) on college campuses. Sexual assault offenses should be reported to the 24/7 SwCC Campus Police Office (682) 800-2408 or (972) 524-3341 ext 131 as soon as possible.
If the victim chooses, the victim may report the incident to the Terrell Police Department at (469) 474-2700. In either case, a counselor or professional with the crisis Center for Women shall be made available. Following the report given to officials, the victim is strongly advised to seek medical assistance from a local hospital. In order to preserve evidence, the victim should be advised of the following:
- Do not bathe, shower, douche, or change clothes
- Do not brush teeth, drink anything or smoke a cigarette until after being examined
- The crime scene should not be disturbed, and all clothing and items involved should be saved
The college will make provisions for transportation to the hospital. A victim of sexual assault is highly encouraged to participate in follow-up counseling. Failing to openly address the trauma of sexual assault can have devastating impacts to the victim. Other resources for reporting sexual assault are as follows:
1) Women's Center of Terrell (972) 563-5555
2) Domestic Violence Hotline (214) 941-1991
3) Crisis Center (903) 454-9999
4) Southwestern Christian College takes immediate steps to investigate all reported allegations of sexual misconduct and ensures the safety of the victims. A college may change academic and living arrangements after an alleged sex offence if appropriate. Victims are advised to address the request for the change to the Director of Residential Life.
Students who have been assaulted will receive assistance from the Student Affairs Division staff members in considering a number of legal and disciplinary system options which are available to them. Students may:
1) file criminal charges with local law enforcement authorities;
2) file civil charges and the outside courts;
3) either independent of, or in conjunction with these actions, file a complaint which will be heard through the internal campus judicial system (if the attacker is a Southwestern Christian College student) or through other processes (if the attacker is a College employee);
4) Decide not to file charges.
Campus authorities will assist the student in notifying the local law enforcement authorities when requested. All these options, both on campus and off, require that certain due process regulations be followed and that both parties retain the right to present evidence or witnesses. Students may be accompanied by an advisor, but must provide direct testimony in campus judicial proceedings and in court. This advisor may be an attorney. Please see rights in all disciplinary proceedings of the College Code of Conduct. In both outside court cases and internal judicial proceedings, the accuser and the accused will be informed of the final outcome. Southwestern Christian College reports all sexual assaults of which it is made aware, regardless of the circumstances. Students are strongly urged to report sexual assaults to college authorities and to the police in order to protect themselves and others. The Student Handbook outlines all the sanctions which may be applied when any disciplinary cases brought forward. Students found responsible for sexual assaults through the campus judicial process should expect serious consequences, including the very real possibility of suspension or expulsion from college.
Students who report having been sexually assaulted may request to be relocated with regard to their on-campus residence assignments as well as their class schedules if proximity may bring them into contact with a person they identify as their attacker. Such requests will be granted whenever possible.
Hearings are scheduled when a student is charged for violations of college rules and regulations that require appearance before the President of the college. The purpose of the hearing is to examine relevant information and evidence in order to determine whether the accused student is in violation or not in violation. The hearing is conducted according to the dictates of fairness and due process. The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding. Both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offence and the final sanctions imposed by the disciplinary proceeding regarding rape acquaintance rate or other forcible or non-forcible sex offences. The college may impose sanctions up to and including expulsion following a final determination by the committee.
Title IX Amnesty Policy
Southwestern Christian College is concerned first and foremost with the safety of the entire campus community. We understand that students may be hesitant to report an occurrence of gender-based violence, including sexual harassment, to College officials due to concerns about potential violations of the alcohol or drug policies. While alcohol and drug violations are not condoned by the College, reporting sexual harassment and violence is strongly encouraged.
A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to College officials will not be subject to code of conduct action for violations of alcohol and/or drug use policies occurring in connection with the report.