Title IX Policy
For more information or to review the full Title IX Policy please visit txwes.edu/titleix
Scope of the Policy
Texas Wesleyan University complies with Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in the University’s educational programs or activities and retaliation; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA); Title VII of the Civil Rights Act of 1964 (Title VII); the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and other applicable laws.
Furthermore, the University strictly forbids retaliation by any member of the University community against anyone who brings a charge of sexual harassment or sexual discrimination.
Texas Wesleyan University believes all members our campus community should live, work, and experience an environment free from harassment and discrimination on the basis of sex. The Title IX Coordinator is responsible for administering and upholding this Title IX policy.
Intent of the Policy
The Title IX policy, in accordance with the final regulations from the federal government that specify how recipients of Federal financial assistance covered by Title IX, must respond to allegations of sexual harassment consistent with Title IX's prohibition against sex discrimination.
Texas Wesleyan University (hereby referred to as “the University”) does not discriminate on the basis of sex, as well as acts in accordance with the Clery Act and the Violence Against Women Act (VAWA). The University is required to address sexual harassment as a form of sex discrimination in education programs or activities. Texas Wesleyan University will respond promptly and supportively to all individuals, including persons alleged to be victimized by sexual harassment and the persons alleged to have victimized another person, resolve allegations of sexual harassment promptly and accurately under a fair grievance process that provides due process protections to alleged victims and alleged perpetrators of sexual harassment, as well as effectively implement remedies for victims and sanctions for those found responsible for violating this policy.
Once the University has Actual Knowledge of sexual harassment in one of its education programs or activities, the University must respond promptly in a manner that is not deliberately indifferent. The University is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.
Behaviors
The University is committed to providing an environment free from sexual harassment or sexual discrimination to all segments of its community; that is, its students, employees, vendors, and guests. It is the responsibility of members of the University community to conduct themselves so that their words or actions cannot be reasonably perceived as harassing, discriminatory, sexually coercive, abusive or exploitive, or as interfering with any other individual's ability to study, work, or experience our campus effectively.
The behaviors included in this policy are referred to as Prohibited Conduct. Prohibited Conduct under this policy includes:
Discrimination
Sexual Harassment
Sexual Assault
Dating Violence
Domestic Violence
Stalking
Retaliation for reporting any of the above behaviors
Based on the information available at the time of the report, the Title IX Coordinator will make the determination as to whether the case is Title IX or Non-Title IX Sexual Misconduct. In cases that could be defined as Non-Title IX Sexual Misconduct i.e. sexual exploitation, cyberstalking, do not meet the threshold and/or jurisdiction for Title IX as outlined in this policy, the University may address the behavior using an alternate process, i.e. Code of Student Conduct or Employee Handbook.
For more information for these kinds of incidents, please see Prohibited Conduct.
First Amendment
First Amendment concerns differ in educational environments and workplace environments, and the Title IX definition provides First Amendment protections appropriate for educational institutions where students are learning, and employees are teaching. Students, teachers, faculty, and others should enjoy free speech and academic freedom protections, even when speech or expression is offensive.
The exercise of rights protected under the First Amendment does not constitute retaliation.
The University will not restrict applicable rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment, when complying with Title IX.
Equitable Treatment
Texas Wesleyan University supports the campus community, including students, employees, vendors, and guests within the University’s educational program or activity, to have a safe and respectful environment free from discrimination on the basis of sex.
The purpose of this section is to emphasize the importance of treating Complainants and Respondents equitably in the specific context of Title IX, and for the University to provide remedies to Complainants and avoid punishing Respondents prior to conclusion of a fair process. The University, under this policy’s grievance process, will treat Complainants and Respondents equally with only few exceptions for strict equality allowed under the rules from the Department of Education.
The University is responsible for ensuring equal access to education programs and activities and should not place the burden of gathering relevant evidence, or meeting a burden of proof, on either party. Moreover, as it relates to consent, the burden to prove consent or lack thereof does not fall on to the Complainant or the Respondent.
Exceptions to strict equality where equitable treatment of the parties requires recognizing that a Complainant's interests differ from those of a Respondent with respect to the purpose of the grievance process. This is intended to provide both parties with a fair, truth-seeking process that reasonably considers differences between a party's status as Complainant as compared to one’s status as Respondent. Thus, with respect to remedies and disciplinary sanctions, strictly equal treatment of the parties is not feasible and, to treat the parties equitably, a Complainant must be provided with remedies where the outcome shows the Complainant to have been victimized of the Prohibited Conduct named within this policy; similarly, a Respondent must be sanctioned only after a fair process has determined the Respondent to be responsible under the grievance process outlined in this policy.
Presumption of Non-Responsibility
Texas Wesleyan University, in accordance with regulations from the Department of Education, has in place the presumption that the Respondent(s) named in a Title IX grievance process is (are) not responsible for the violation until a fair grievance process, outlined in this policy, is followed and completed.
The presumption of non-responsibility does not provide any advantage to the Respondent over the Complainant and does not imply that a Complainant has lied or made a false report. This presumption only helps ensure that a Respondent is not treated as responsible prior to the University’s Title IX grievance process. This presumption does not allow or require the University to presume that a Respondent is truthful or credible. The University is prohibited from drawing any inferences about credibility based on status as a Complainant or Respondent. Credibility is determined as a matter of course of the grievance process.
Prompt Assessment of Complaints
The University is committed to promptly investigating complaints of sexual harassment made by any individual, regardless of affiliation with the University. The Title IX Coordinator is responsible for executing prompt delivery of options to the Complainant regarding supportive measures, options to report, information on the Title IX grievance process, etc., as well as the decision to not investigate if the Complainant does not wish to file a formal complaint.
Access to Policy
The Title IX policy, including the Title IX Coordinator’s contact information, will be available on the Texas Wesleyan University website, within each University handbook or catalog for all admitted and current students, as well as current and potential employees to access. This also includes guests (i.e., students as part of Early College High School programs, participants in summer camps and conferences) to our campus.
To access the Title IX policy, please visit txwes.edu/titleix.
Temporal Scope of Policy
This policy will be in effect on August 14, 2020, per the regulations from the Department of Education. Any reports made before the above-mentioned date will use the Unified Harassment and Discrimination policy. Any reports made on or after the date of August 14, 2020, will use this Title IX policy. If a report is made with the University after the effective date of this policy and the alleged incident occurred before the effective date, the University is allowed to pursue another University grievance process.