Title IX & Non-Discrimination

Weatherford College strongly encourages students and employees to report incidents of discrimination on the basis of sex — including sexual harassment, sexual assault, sexual exploitation, or sex/gender discrimination, dating and domestic violence, related retaliation, or stalking.

Anyone who feels they have been a victim of prohibited conduct is encouraged to bring it to the attention of the Title IX Coordinator.  The Coordinator is empowered to provide supportive measures and academic adjustments to all individuals involved in these situations and to protect the safety of the campus community through these measures.

By filing a report , the information given will allow Weatherford College to provide those affected by the misconduct with options for continuing their education without discrimination in a safe environment.

Reports are sent to the Title IX Coordinator for immediate review. Depending on the amount of information disclosed, the College’s ability to investigate and respond to the report may be limited.

Unsure About Reporting?

Whether an incident occurred recently or in the past, help is still available. Resources are available even if an individual chooses not to file a complaint to Weatherford College or law enforcement.

• Freedom House 
• The Trevor Project 

Texas law requires any employee of a college or university in Texas to report to the Title IX Coordinator or Deputy Coordinator any information regarding an alleged incident of sexual harassment, sexual assault, dating violence, or stalking, committed by or against a person enrolled at or employed by the institution at the time of the incident. The law requires colleges to terminate employment for employees who fail to report such matters and imposes criminal penalties of up to a year in jail.

The obligation to report applies whenever an employee receives, in the course and scope of employment, information about an alleged incident which reasonably constitutes sexual harassment, sexual assault, dating violence, or stalking committed by or against a person who was a student or employee at the time of the incident. The report must include all information known to the employee which would be relevant to an investigation or redress of the incident, including whether the alleged victim has expressed a desire for confidentiality. A party’s desire for confidentiality does not relieve the employee’s obligation to report.

Three exceptions to employee reporting:

1. Employees who are victims of sexual harassment, sexual assault, dating violence, or stalking are not mandatory reports of/for their own incident.
2. Employees who are designated as “persons with whom students may speak” confidentially. UNLESS, the information they received was conveyed outside of the circumstances rendering the communication confidential or privileged under other law. Due to the Clery Act, all reports and relevant information about the incident (except for personally identifiable information about the student) must be made to the Weatherford College Police Department.
3. Employees are not required to report information about an incident that is disclosed at a public awareness event on sexual harassment, sexual assault, dating violence, or stalking.

What if the individual asks me not to report the information?

It is recommended that you interrupt a person if you believe that they are about to disclose an incident of discrimination, harassment or related retaliation and advise the individual that you are mandated to report.

Explain that if the individual tells you about an incident of discrimination, sexual harassment (including sexual assault, sexual exploitation, stalking, domestic or dating violence), and/or related retaliation, you must promptly report the incident to the Title IX Coordinator according to Weatherford College policy and Texas State Law.

If the individual decides not to share anymore information with you, you may encourage the individual to seek medical care and/or counseling. Any information the individual gives to health practitioners in the course of treatment is confidential and no identifiable information will be shared.

Encourage, but not require the individual to make a report to the appropriate law enforcement agency.

An employee’s failure to report alleged or suspected discrimination, harassment, or related retaliation may result in disciplinary action, up to and including loss of employment at Weatherford College.

What can I tell the individual who is disclosing discrimination or harassment to me about what happens after a report is received?

When the Title IX Coordinator receives a report, we reach out to the affected individual and offer them an opportunity to share their story. At the request of the individual, a formal investigation may be open to pursue possible violation(s) and sanction(s) if necessary. We will offer support options and resources for all individuals involved with the incident.

If no investigation is requested, we offer support options and resources for the affected individual.

Will I get to know details of my report?

When a report is submitted by a mandatory reporter, you will receive an acknowledgment that your report was received.  Information about the investigation and resolution of such reports are protected by FERPA and workplace privacy laws; therefore, unless you are a person with a “need to know” on behalf of Weatherford College, you will not be advised of the outcome of your report.

STAGE 1: Intake/Initial Assessment

When an allegation of discrimination, harassment, sexual harassment, sexual assault, dating violence, domestic violence or stalking is received, the Title IX Coordinator will invite the Complainant in for an Intake meeting. At the meeting, the Complainant will be able to voice concerns and receive information on rights, resources, and options.  

If the Complainant requests a formal resolution of the allegations against the Respondent be of disciplinary nature, the Title IX Coordinator will proceed with an investigation. At this time the Respondent will be notified of the complaint and invited for an Intake meeting with the Title IX Coordinator in order to voice concerns and receive information on rights, resources and options.   

STAGE 2: Investigation

The Title IX Coordinator will assign Title IX trained investigators who are considered “fact finders” only. The job of the investigators is to find facts and evidence only when speaking with all parties involved with a complaint. Investigators do not decide on disciplinary actions or sanctions. 

The investigators will interview in depth, the Complainant(s), Respondent(s), and Witnesses. The investigator is also responsible for collecting any relevant documentation, electronic evidence, or other evidence related to the allegations.

Once the investigation is complete, the investigator prepares a draft report and returned to the Title IX Coordinator. Each party will be allowed to read the report and review all evidence; after the review of the report and evidence, each party will have 10 days to respond, in writing to the written report and evidence. Parties may respond to the draft report and point out any errors or omissions. The response, if any, will be attached to the report as an exhibit.

The investigators may be asked to reopen the investigation, if necessary, and then draft a final report and forward to the Title IX Coordinator who will then determine the following:

If the allegations of misconduct were so severe, pervasive and objectively offensive to the Complainant(s) that they were unable to participate in or attempt to participate in an educational program or activity (includes employees and work space) the complaint will move forward with a Hearing before the institution’s decision maker.  If the allegations of the misconduct do not fall under the aforementioned guidelines, then the complaint will be addressed by the Associate Dean of Student Development or appropriate supervisor. 

STAGE 3: Hearing

After a thorough and fair investigation process, the investigation report will be sent to the Title IX Coordinator for review prior to being sent to the college’s decision maker, Assistant Vice President of Student Services. The Title IX Coordinator will inform all parties and their Advisors of the date and time for the Hearing.  

Hearing Procedures

STAGE 4: Decision and Sanction

After the hearing, the decision maker will make the decision of Responsible or Not Responsible. If found Responsible, the decision maker will also give sanctions to the Respondent.

STAGE 5: Appeal

Either Party is allowed to appeal the determination of the Hearing Panel by filing an Appeals Form with the Title IX Coordinator. However, an appeal is not guaranteed.

What is Sexual Misconduct?

• Interpersonal Violence
  • Abuse or violence committed by a current or former spouse or intimate partner of the Reporting Party, by a person with whom the Reporting Party shares a child in common, or by a person with whom the Reporting Party is cohabiting (or has cohabited) with a spouse or intimate partner.
  • Abuse or violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party.
  • Domestic Violence
  • Dating Violence
• Sexual Harassment

Unwelcome verbal, written or physical conduct of a sexual nature when: 

• • Such conduct is made either explicitly or implicitly a term or condition of employment or education; 
  • Such conduct is used as a basis for decisions affecting employment or education; or
  • Such conduct has the purpose or effect of interfering with the individual’s work or educational performance or of creating an intimidating, hostile or offensive working or educational environment. To constitute an intimidating, hostile or offensive working or educational environment, the compliance of conduct must be either severe or pervasive.
• Public Indecency
  • Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency.
• Sexual Discrimination
  • An act that deprives a member of the college community of his or her rights of access to campuses and facilities and of participation in education, services, programs, operations, employment, benefits or opportunities with the university on the basis of the person’s sex or gender.
• Sexual Assault
  • Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault includes non-consensual sexual contact and non-consensual sexual intercourse.
• Sexual Exploitation
  • Taking non-consensual or abusive sexual advantage of another for the benefit of one’s self or a third party.
• Stalking
  • A course of conduct directed at a specific person that would cause a reasonable person to fear for his or her own safety or the safety of others or would cause that person to suffer substantial emotional distress.

What is Consent?

• Mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly conveys permission for a specific activity. Consent is not effective if it results from:
• the use of physical force
• a threat of physical force
• intimidation
• coercion
• incapacitation
• any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to engage in sexual activity.

Each partner is responsible for making sure that the other partner has provided clear consent before engaging in any sexual activity or contact.

• A person may withdraw consent at any time during sexual activity through words or actions.
• Silence or the absence of resistance does not constitute consent.
• Consent is active; both parties must say “yes.”
• Consent is a must for every type of sexual activity, every time it occurs.
• Consent is not valid if forced, threatened, intimidated or coerced.
• Consent is not valid if a person is incapacitated. 

What is incapacitation?

• A state of being that prevents an individual from having capacity to give consent. For example, incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability.

What happens if I report something to a staff member or faculty member at Weatherford College?

• Faculty and Staff at Weatherford College are required by law to report all known details of a report that could be a Title IX violation to the Title IX Coordinator immediately. After a report is made, the Title IX Coordinator or a Deputy Coordinator will make contact with the reporting party to ensure safety, notify the party of remedies, and their options to move forward.

What happens after I report?

• After a report is made, the Title IX Coordinator or a Deputy Coordinator will make contact with the reporting party to ensure safety, notify the party of remedies, and their options to move forward.

What if I don’t want to file a formal complaint but need help?

• Even if you do not want to go through an investigation or file a formal complaint, a Title IX Administrator can assess your needs as they relate to your class schedule, work schedule, living situation, or other safety concerns. A Title IX Administrator can also connect students with counseling and other off campus resources.

Who can I report to?

• Reporting an Incident [Link: see URL – 1]
• Nothing in Weatherford College’s policy shall prevent a student from presenting a charge of discrimination or other grievance covered by this policy to an external agency, such as the United States Department of Education: Office of Civil Rights (OCR), 400 Maryland Avenue, SW Washington, DC 20202-1100, Customer Service Hotline#: (800) 421-3481, http://www.ed.gov/ocr.

What if I was drinking or using drugs when the Title IX violation occurred?

• The College will provide educational options in lieu of conduct proceedings in certain situations. The Executive Dean of Student Services or designee can assist with questions related to amnesty provisions.

Is it possible to be sexually harassed/assaulted by someone of the same gender?

• Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.

What if the incident occurs off campus?

• If the incident involves a Weatherford student, it should still be reported and the Title IX Coordinator can still assist the student.

Does Title IX apply to online behavior?

• Yes

What about retaliation?

• Retaliation against a person who reports a potential violation under this policy, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under this policy is strictly prohibited and will not be tolerated. Retaliation includes, but is not limited to threats, intimidation, reprisals and/or adverse actions related to an individual’s employment or education. 

The Weatherford College Title IX Team have obtained initial and ongoing training on Title IX from the following sources:

• ATIXA 
• Texas Higher Education Coordinating Board  Training
• Go2Knowledge – Title IX Investigations: How to Write A report That Complies with New Federal Regulations 
• Go2Knowledge - Effective Questioning Techiques for Title IX Hearings
• Go2Knowledge - How to Prepare & Hold Title IX - Pre Hearing Conferences
• Go2Knowledge - The Proposed Title IX Regulations: An Overview of Key Changes
• Advisor Guide Training Materials 

Weatherford College also provides training for all staff through EverFi – Harassment Prevention.

All students of Weatherford College are expected to complete Title IX Workshop available through the Weatherford College Go2Orientation .  Additional information is shared with students through New Student Orientation , emails, the Weatherford College Community Living Guide (PDF), and the Weatherford College Student Handbook .

FFDA - FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION

FFDB - OTHER PROTECTED CHARACTERISTICS

DIAA - FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION

DIAB - OTHER PROTECTED CHARACTERISTICS

• Know Your IX Website 
• TitleIX.com 
• U.S. Department of Education’s Web Pages on Civil Rights/Sex Discrimination 

What does Title IX require of Athletics?

Title IX’s requirements of Athletics can be divided into three basic categories:

1. Participation
   Men and women must be given equitable opportunities to participate in college sponsored athletics. The number and type of sports offered for men and women do not have to be the same, but there does need to be an equitable opportunity to play.
2. Scholarships
   Female and male student athletes must receive scholarship dollars proportional to their participation levels in sports.
3. Other Benefits
   Male and female student athletes must receive equitable treatment in other aspects of being a student-athlete. This includes, but is not limited to, access to quality equipment, game/practice schedules, travel allowances, tutoring, coaching, locker rooms, stadiums, medical/training facilities, housing/dining, marketing, support services, and recruitment.

Does Title IX only benefit women’s sports?

Although Title IX’s effect on Women’s athletics has historically received attention in the media, Title IX benefits all student-athletes because it prevents colleges and universities from discriminating against anyone on the basis of gender. Title IX seeks to create an equitable educational environment where students of all genders can be successful in the classroom as well as on the field, court, or course.

Does Title IX require that equal money be spent on both men’s and women’s sports?

No. Title IX requires that scholarship money be awarded equitably to males and females based on their relative participation rates in athletics. Likewise, Title IX requires that female and male student-athletes receive equitable treatment, equipment, and benefits.

Does Title IX require a college or university to offer the same sports for both men and women?

No. Title IX does not require that males and females be offered the opportunity to participate in the same sports. Thus, a college or university may field a men’s basketball team without having a women’s basketball team as long as the institution offers equitable opportunities for females to participate in athletics (through another women’s sport). Title IX leaves it up to universities to determine which sport meet the needs of their student body.

Does Title IX apply to club and intramural sports?

Yes. Just like varsity sports, both club and intramural sports are regulated by Title IX. Institutions must offer equitable opportunities for participation in club and intramural sports for female and male students.

What if I believe that Weatherford College is out of compliance?

Alleged violations of Title IX should be reported to the Weatherford College’s Title IX Coordinator.

Adam Finley
Title IX Coordinator
817-598-8831
afinley@wc.edu

Where can a student seek assistance for pregnancy-related accommodations?

Pregnant students may contact the Office of Title IX to request assistance with accommodations. Examples of accommodations include, but are not limited to, rescheduling tests or exams, excusing absences, submitting work after a deadline, providing alternatives to make up missed work, or retaking a semester. The Office of Title IX may facilitate communications with the student’s professors or assist with other College resources.

Pregnancy, childbirth, and related conditions may necessitate absence. Will those absences be excused?

Yes. Absences due to pregnancy, childbirth, or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. Depending on the length of the absence and area of instruction, it may be academically necessary for the student to take a leave of absence. Professors must provide a leave of absence for pregnant students for as long as it is deemed necessary by their medical doctor. Professors may require a doctor’s note for pregnancy –related absences only if a doctor’s note is required to excuse other medically-related absences.

What happens when a pregnant student misses an assignment(s), test(s), exam(s) etc. due to an excused absence?

After an excused absence due to pregnancy, childbirth, or any related medical conditions, professors must allow a reasonable time for the student to make up missed assignments and tests. This is true regardless of the professor’s typical makeup assignment policy. Depending on the nature of the course, making up the exact missed assignment might not be feasible. The makeup work does not have to be exactly the same as the missed work, but needs to be reasonably equivalent.

Can pregnant students be penalized for their absence if grades in class are based on attendance or participation?

A student may not be penalized for absences known to be due to pregnancy, childbirth, or other related medical conditions. A professor cannot reduce a pregnant student’s grade because of attendance or participation points that the student missed during excused absences due to her pregnancy-related conditions. The professor must give the student a reasonable opportunity to earn back the credit missed due to pregnancy.

Can a professor prevent a pregnant student from attending class?

No. Under Title IX, the college cannot exclude someone from class based on their pregnancy. The college can only require a pregnant student to provide a doctor’s certification of fitness to continue in an education program or activity if the same requirement is imposed on all other students with medical conditions requiring a doctor’s care.

Can a pregnant student participate in internships and other off-campus programs?

Yes. Pregnant students cannot be excluded from College-related off-campus programs, such as internships, off-campus activities, College-sponsored activities, and other extracurricular activities.  A professor cannot require a doctor’s note to show fitness to participate unless it is required for all students in the program.

Does the College have to provide special services to pregnant students?

Weatherford College must provide the same services to pregnant students that it provides for other students with temporary disabilities.

What if a student or professor makes an offensive or inappropriate remark about a student’s pregnancy?

Weatherford College will not tolerate gender-based harassment, including harassment based on her pregnancy, she should let the Title IX Coordinator know immediately.  If a faculty or staff member witnesses or learns about harassment of a pregnant student, they should also immediately notify the Title IX Coordinator so that prompt and effective steps end the pregnancy-related harassment, prevent its recurrence, and eliminate any hostile environment created by the harassment.

The same grievance procedures are applicable to complaints of sexual misconduct also apply to discrimination based on pregnancy or parental status.

Title IX prohibits a school’s retaliation against an individual for filing a complaint or raising concerns about the rights of a pregnant and parenting student.

Can a pregnant student lose her scholarship due to her pregnancy?

As long as the student remains in school and in good standing when the student is not medically required to be absent, the student will not lose the scholarship.

Who do I contact if I have more questions?

For questions contact the Title IX Coordinator:

Adam Finley
817-598-8831
afinley@wc.edu