Title IX Policy

I. Policy Statement (Summary)

Houston Christian University (HCU) is committed to providing a positive learning and working environment free from discrimination. In support of this commitment, HCU prohibits discrimination and harassment on the basis of age, race, color, religion, sex, national origin, ethnic origin, disability, genetic information, covered veteran status, and any other basis protected by law. Discrimination and harassment are incompatible with HCU’s mission to provide a learning experience that instills in students a passion for academic, spiritual, and professional excellence as a result of our central confession, “Jesus Christ is Lord”, and can threaten the educational experience, careers and well-being of members of the HCU community, including staff, faculty, students, and visitors.

State and federal law protects individuals from discrimination and harassment in connection with employment. Additionally, the law also prohibits discrimination and harassment in all educational programs and activities of a school, including academic, extracurricular, athletic, housing, and other programs and activities. This protection may extend to conduct that occurs both on and off University property. The law also prohibits retaliation against an individual for opposing the types of practices prohibited by this policy, for making a complaint of discrimination or harassment, or for participating in an investigation of such a complaint. Any person who believes he or she has been subject to unlawful discrimination or harassment should feel comfortable with reporting their concerns without fear of retaliation.

Acts of discrimination, harassment, sexual misconduct, and retaliation will be addressed consistent with this policy, which specifically addresses circumstances requiring the application of the US Department of Education’s Final Rule regarding Title IX, effective August 14, 2020. Other University polices found in the student and employees handbooks discuss additional expectations about sexual harassment and discrimination, as well as separate grievance and adjudication processes.  As noted below, reported behavior may not meet the Final Rule definitions for purposes of Title IX, yet be subject to review by the University or other legal authorities, for resolution.

As a religious institution of higher education, HCU is exempt from some provisions of Title IX, and the US Department of Education affirms HCU’s religious exemption protecting the university’s’ religious tenet rights from any conflicting view.

Chief Executive Officer Report

II. Responsibility (Who Is Affected By This Policy)

This policy applies to all individuals who are participating or attempting to participate in the educational programs and activities of HCU, including all students and employees of HCU.

The HCU Title IX Coordinator is the person designated by the University to coordinate its efforts to comply with and to carry out its responsibilities under Title IX of the Education Amendments of 1972 (Title IX),and is responsible for overseeing and administering this policy. Inquiries about HCU’s policies and compliance with Title IX should be directed to:

Noah Shuler
Title IX Coordinator & Director of Student Conduct
Houston Christian University
7502 Fondren Road
Houston, TX 77074
Moody Library 102
281-649-3076
TitleIX@HC.edu

The Title IX Coordinator, or their designee, can provide information about HCU’s policies regarding Title IX, and will ensure that such complaints are addressed by the appropriate University officials. The Title IX Coordinator or their designee, will assist the parties in receiving support services and will facilitate any interim measures during the investigation. For additional information or inquiries regarding Title IX, you may also visit Office of Civil Rights – ED for the address and phone number of the U.S. Department of Education (ED) office that serves your area, or call 1-800-421-3481.

HCU reserves the right to designate Deputy Title IX Coordinator(s) or other Title IX personnel to assist the Title IX Coordinator in carrying out HCU’s compliance with Title IX as needed.

III. Prohibited Discriminatory Conduct & Definitions

The ED, in the Final Rule for Title IX effective August 14, 2020, defines sexual harassment broadly to include any of three types of misconduct on the basis of sex, all of which jeopardize the equal access to education that Title IX is designed to protect: Any instance of quid pro quo harassment by a school’s employee; any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access; any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).

Definitions of prohibited conduct for the purposes of this policy:

1. Quid Pro Quo (Sexual Harassment): An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.
2. Hostile Environment (Sexual Harassment): Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.
3. Sexual Assault (Sexual Harassment):
   1. 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 or by a sex-related object, without the consent of the complainant.
   2. For the purposes of this policy, consent is defined as the knowing, voluntary, and clear permission given through word or action by a competent person to engage in sexual activity.
      1. Limitations: Consent can be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time. Consent to some sexual contact cannot be presumed to be consent for other sexual activity.
      2. Force: Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent. Sexual activity that is forced is, by definition, non-consensual. Force is the use of physical violence, physical imposition, threats, intimidation, or coercion (unreasonable pressure) to gain sexual access.
      3. Incapacitation: A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious, for any reason, including due to alcohol or other drug consumption or incapacity that results from a temporary or permanent physical or mental health condition or involuntary physical restraint. A respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent if they knew or reasonably should have known about the incapacity.
      4. Determinations: A determination regarding the existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.
      5. Disclaimer: As a Christian university and consistent with its educational objectives, the University refrains from endorsing or permitting conduct deemed to be in conflict with biblical principles, including but not limited to consensual or non-consensual sexual activity outside marriage, which is a lifelong union of one man and one woman who are committed to each other in loving intimacy. Non-consensual sexual conduct including sexual harassment or sexual assault, however, is a serious type of misconduct that is strictly prohibited and not tolerated at HCU under this policy.
   3. Non-Consensual Sexual Contact (Fondling): The intentional touching of the clothed or unclothed body parts without consent of the complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or the forced touching by the complainant of the respondent’s clothed or unclothed body parts, without consent of the complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
      1. This offense includes instances where the complainant is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication.
   4. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   5. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. 
      1. Note: Generally, the statutory age of consent is 17 years old in Texas, though some exceptions exist in state law.  Conduct allegedly occurring outside Texas may be subject to statutory laws of the relevant jurisdiction.
4. Dating Violence (Sexual Harassment): Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.
   1. The existence of such a relationship shall be determined based on the complainant’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.
   2. For the purposes of this definition:
      1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
      2. Dating violence does not include acts covered under the definition of domestic violence.  
      3. See the policy statement on domestic violence for a definition of “violence.”

2. Domestic Violence (Sexual Harassment): Violence committed by:
   1. A current or former spouse or intimate partner of the complainant;
   2. A person with whom the complainant shares a child in common;
   3. A person who is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner;
   4. A person similarly situated to a spouse of the complainant under the domestic or family violence laws of the state or other jurisdiction; or
   5. Any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the state or other jurisdiction.
   6. For the purposes of this policy with regard to Dating Violence or Domestic Violence, “violence” includes situations where the respondent intentionally or recklessly causes the complainant serious physical, emotional, or psychological harm. Intent is evidenced when a reasonable person would be more likely to act with the purpose of causing serious harm rather than for any other reason. Recklessness is evidenced by a disregard of obvious risk to the safety of the complainant.
      1. Violence in self-defense is not chargeable under this policy if the purpose is safety, not harm.
      2. Threats to seriously harm the complainant or people they care about may be included under this definition if doing so causes serious emotional or psychological harm.
3. Stalking (Sexual Harassment): Engaging in 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 to suffer substantial emotional distress.
   1. For the purposes of this definition:
      1. “Course of conduct” means two or more acts, including, but not limited to acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
      2. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim (complainant).
      3. “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
4. Retaliation: Any member of the University community taking or attempting to take adverse action, by intimidating, threatening, coercing, harassing, or discriminating against any individual, for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX policy.

HCU reserves the right to impose any level of sanction, ranging from a reprimand or warning up to and including suspension or expulsion for students or termination for employees, for any offense under this policy. The most serious offenses are likely to result in suspension, expulsion, and/or termination.

The Final Rule prohibits sex-based misconduct in a manner consistent with the First Amendment. Quid pro quo harassment and Clery Act/VAWA offenses are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.

The Final Rule uses the Supreme Court’s Davis definition (severe and pervasive and objectively offensive conduct, effectively denying a person equal educational access) as one of the three categories of sexual harassment, so that where unwelcome sex-based conduct consists of speech or expressive conduct, schools balance Title IX enforcement with respect for free speech and academic freedom.

The Final Rule uses the Supreme Court’s Title IX-specific definition rather than the Supreme Court’s Title VII workplace standard (severe or pervasive conduct creating a hostile work environment) or the definitions of the Texas Education Code (TEC). TEC Chapter 51.281 further defines “sexual harassment” as unwelcome, sex-based verbal or physical conduct that: (A)  in the employment context, unreasonably interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment; or (B)  in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities at a postsecondary educational institution. 

 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, however HCU’s religious mission should be top of mind whenever exercising these rights and may not shield all actions under other employee or student codes of conduct.

If the allegations in a formal complaint do not meet the definition of sexual harassment in the Final Rule or did not occur in the HCU’s education program or activity against a person in the United States, the Final Rule requires that HCU must dismiss such allegations for purposes of Title IX but may still address the allegations in any manner the HCU deems appropriate under the school’s own codes of conduct, as described further in this policy.  Violations of other University policies or codes of conduct which are alleged in connection with alleged prohibited conduct under this policy may in some circumstances be investigated and/or adjudicated through the Title IX formal grievance process, at the discretion of the Title IX Coordinator.

Definitions of Parties: A “complainant” is an individual who is alleged to be the victim of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity.  A “respondent” is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity under this policy.  Collectively, the complainant and respondent may be referred to as the “parties” or individually as a “party.”

IV. Programs and Activities Protected by Title IX

The Title IX statute applies to persons in the U.S. with respect to education programs or activities that receive Federal financial assistance. Under the Final Rule, HCU must respond when sexual harassment occurs in the University’s education program or activity, against a person in the U.S.

Education program or activity includes locations, events, or circumstances over which the HCU exercises substantial control over both the respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by HCU.

Title IX applies to all of a school’s education programs or activities, whether such programs or activities occur on-campus or off-campus. HCU may address sexual harassment affecting its students or employees that falls outside Title IX’s jurisdiction in any manner the school chooses, including providing supportive measures or pursuing discipline using other codes of conduct.

V. Accessible Reporting & Information for Potential Victims

In addition to the Title IX Coordinator listed above in section II, HCU considers all employees, excepting employees that the University designates as confidential resources (mental health counselors while acting in this capacity) and vendors in dining and facilities services, to be “mandatory reporters” for the purposes of both Title IX and the Jeanne Clery Act.  Anyone aware of an activity that may violate Title IX, or any other criminal act, may report this activity to a University employee who is obliged by both University Policy and in some cases, the laws of the State of Texas, to inform the Title IX Coordinator immediately.  The University will respond to all such reports in a timely fashion.  Concerned parties may also report incidents of sexual abuse, harassment, and assault anonymously through the University’s Campus Shield application, or through the Title IX link provided at the bottom of HCU’s main web page located at HC.edu.

1. Information for potential victims/complainants:
   1. If you or someone you know may be a victim of sexual harassment, sexual assault, dating violence, stalking, or other sexual misconduct prohibited by law or HCU policy, it is important to consider going to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident.  This decision is important and may be essential to any future investigation by law enforcement, the University, or other entities.
   2. If you or someone you know may be a victim of sexual harassment, sexual assault, dating violence, stalking, or other sexual misconduct prohibited by law or HCU policy, then you have the right to report the incident to the institution and to receive a prompt and equitable resolution of the report.  
   3. If you or someone you know may be a victim of sexual harassment, sexual assault, dating violence, stalking, or a similar crime, then you have the right 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.
      1. HCU Police can be contacted in an Emergency at (281) 649-3911 or in a Non-Emergency at (281) 649-3314.  If you are in immediate danger or off-campus, use 911 to contact law enforcement.
   4. If you are the victim of a violent crime, you may be eligible for help with crime-related costs through the State of Texas. The Texas Attorney General’s Crime Victims’ Compensation Program (CVC) helps victims and their families by covering costs like medical bills, counseling, lost wages, and more to aid in your recovery. To learn about eligibility and what costs are covered, visit https://www.texasattorneygeneral.gov/crime-victims.  
      1. Local and statewide organizations that support survivors of sexual assault include:  Texas Forensic Nurse Examiners; Memorial Hermann Medical Center; Harris Health System & Ben Taub Hospital; Houston Area Women’s Center; and Katy Christian Ministries. (TXFNE, the Memorial Hermann Medical Center, and Ben Taub Hospital may offer sexual assault forensic exams (SAFEs), the cost of which may be covered by CVC).

VI. Responses to Title IX Complaints

A formal complaint is a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in sexual harassment or retaliation for engaging in a protected activity and requesting that the University investigate the allegation(s).

HCU will respond to all formal complaints of possible Title IX violations promptly and confidentially. The Final Rule requires a school to investigate sexual harassment allegations in any formal complaint, which can be filed by the complainant or signed by a Title IX Coordinator.

While the Final Rule affirms that a complainant’s wishes with respect to whether the school investigates should be respected, some circumstances may require that an allegation of sexual assault/harassment be investigated.  Therefore, the Title IX Coordinator may sign a formal complaint to initiate an investigation over the wishes of the complainant unless doing so is unreasonable in light of the known circumstances. The Title IX Coordinator will review relevant factors in making a decision to sign a formal complaint, which may include but are not limited to: whether there is a compelling risk to health and/or safety, patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence.

HCU will offer supportive measures to the complainant regardless of whether a formal complaint is filed, and if a formal grievance process is initiated, will offer supportive measures to the respondent.  The University will take into account the complainant’s wishes regarding the supportive measures, and will offer those measures even if a formal complaint is not actually lodged.  A supportive measure is defined as individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure or restore equal educational access, protect safety, or deter sexual harassment.

The University will explain in detail, the process for filing a formal complaint, discussing complainant rights, the investigatory process, adjudication and resolution.  Unless a clear danger to the complainant or campus exists, the ED forbids the University from taking disciplinary action against a respondent until the Title IX formal grievance process has been completed.

A student who is a respondent may be subject to an emergency removal from HCU’s programs, activities, or campus if the Title IX Coordinator undertakes an individualized safety and risk analysis and 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 the respondent’s emergency removal.  The respondent will be provided written notice of any emergency removal measure and will be provided an immediate opportunity to challenge the decision by making a written request for reinstatement.  Any non-student respondent who is an employee may be placed on administrative leave while a formal grievance process is pending.

If a formal investigation is opened, all actions on the part of HCU must be fair, free from conflict, and without bias towards either party.  Supportive measures must be offered to the respondent when informed of the investigations, and a strict adherence to due process for all parties which is fair and impartial, must guide all decisions and actions. Throughout the process, HCU must not restrict rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment, when complying with Title IX.

VII. Formal Grievance Process

HCU’s Title IX formal grievance process is designed to provide a transparent, equitable process for resolving formal complaints about sexual harassment.  All parties will be granted due process throughout the investigation and hearing activities, and accommodations and communication will be available to everyone equally.  The respondent is presumed not to be responsible for the allegations in the complaint until the grievance process is completed.

When appropriate, remedies assigned when a respondent is found responsible will be designed to maintain equal access to education.  Remedies may include separating parties into different sections of a class, negotiating online or remote instruction for one or both parties, or other actions designed to maintain educational access, but also may include removal from HCU.  Please keep in mind, the University’s disciplinary processes include additional sanctions and remedies for sexual harassment and is in no way bound by the limits set here within.

The process will include an objective evaluation of all relevant evidence, inculpatory and exculpatory, and avoid credibility determination based on a person’s status as a complainant, respondent or witness.

The University intends for these situations to be resolved in a prompt manner, but there is no “one size fits all” timeline that can be given for a thorough investigation and hearing.  Instead, all parties will receive estimates in communications about the next steps in the process and will receive prompt notices regarding any delays or extensions.

As with all employee and student disciplinary proceedings at HCU, the University utilizes the “preponderance of the evidence” standard in resolving Title IX complaints.

VIII. Investigations

Upon receipt of a formal complaint, or a complaint signed by the Title IX Coordinator, a trained investigator(s) will be assigned to review the facts in the complaints and interview all parties and any witnesses identified as relevant.  The investigator(s) will communicate with both parties to provide notice that the complaint is under formal investigation and to provide their contact information.

Throughout the process, the investigator or Title IX Coordinator will send written notice in advance of any investigative interviews, meetings, or hearings.  Generally, at least two business days notice will be given of an interview or meeting unless otherwise agreed to by the party or witness.  

Prior to the completion of the final investigative report, the investigator will send the parties, and their advisors, any evidence directly related to the allegations via email and will provide  10 calendar days for the parties to inspect, review, and provide a written response to the evidence.  The investigator will consider any response prior to completing the final investigative report.

At the conclusion of the investigation, the investigator will send the parties, and their advisors, an investigative report that fairly summarizes relevant evidence, via email and will provide 10 calendar days for the parties to provide a written response.  A hearing may not be scheduled to occur prior to the end of the 10 calendar day response period for the final investigative report.

Throughout the investigation and at any hearing, both parties may present any fact and expert witnesses and other inculpatory and exculpatory evidence. HCU will not restrict the party’s ability to discuss the allegations or gather evidence but may bring code of conduct disciplinary actions separately if behavior warrants.

Both parties may choose an advisor of their choice, who may or may not be an attorney.  Advisors may be present with a party at any meetings or proceedings.  Throughout the process, an advisor’s role is to provide assistance and advice to the party, but an advisor may not directly advocate for the party or provide evidence.  During the hearing, the advisor’s role also includes asking cross-examination questions, but an advisor’s role is still limited and may not directly advocate or provide evidence in a hearing. When a party cannot provide or afford an advisor, the HCU is required to provide a trained competent advisor of HCU’s choice to serve in this role for the purposes of a hearing, who may be or not be, an attorney. HCU is not required to provide an advisor to parties for purposes other than a hearing.  Advisors play a crucial role in the hearing process and should be engaged as soon as possible.

At any time, the Title IX Coordinator must dismiss a formal complaint if: the alleged conduct  does not meet the Final Rule’s definition of sexual harassment if proved;  the alleged conduct did not occur in HCU’s education program or activity against a person in the U.S; or at the time of filing the complaint, the complainant is not participating or attempting to participate in HCU’s education programs or activities (unless the Title IX Coordinator signs the complaint)Such dismissal is only for Title IX’s jurisdiction purposes and does not preclude the University from addressing the complaint through student or employee conduct or disciplinary processes.

At any time at the Title IX Coordinator’s discretion, except where the decision would conflict with Texas Education Code Sections 51.287 or 51.9364, the Title IX Coordinator may dismiss a formal complaint or specific allegations therein if the complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or specific allegations therein, if the respondent is no longer enrolled or employed by the university, or if specific circumstances prevent the university from gathering sufficient evidence to reach a determination.

The Title IX Coordinator must give the parties written notice of a dismissal (mandatory or discretionary) and the reasons for the dismissal. Following a dismissal, either party may submit an appeal to the Title IX Coordinator in writing within 10 calendar days of the dismissal notice having been sent.  The appeals process is further described below.

If a formal complaint is dismissed under Title IX, the Title IX Coordinator may order that the assigned investigator(s) complete the investigation following the process outlined in this policy and turn over any evidence including the final investigative report to the appropriate University office for disciplinary proceedings to address the complaint through student or employee conduct or disciplinary processes.

HCU may, at the Title IX Coordinator’s discretion, consolidate separate formal complaints where the allegations arise out of the same or similar facts.  

The Final Rule protects the privacy of a party’s medical, psychological, and similar treatment records by stating that schools cannot access or use such records unless the school obtains the party’s voluntary, written consent to do so.

IX. Hearings

Following the final investigative report, a hearing will be scheduled to resolve the formal complaint.  The Title IX Coordinator may communicate with the parties in an attempt to schedule a hearing at a convenient time, but a hearing will not be unreasonably delayed due to scheduling conflicts existing for either the parties or their advisors.  Once a date and time for the hearing has been identified, the Title IX Coordinator or designee will send both parties written notice of the hearing at least 5 calendar days prior to the hearing.

HCU has determined that all Title IX hearings will be conducted live, via an electronic meeting software platform of HCU’s choice (such as Zoom, Skype, or a similar platform) and all hearings will be recorded.  All participants in a hearing must have a camera that is kept on while the hearing is in session.  HCU may or may not further impose rules of decorum for a hearing that restricts the behavior of participants, and any such rules of decorum will be provided in writing to parties prior to a hearing and be enforced by the HCU hearing chair or decision maker. Such enforcement may include but is not limited to: admonishing the participant or party, placing restrictions on a participant or party’s participation in the hearing, or requiring a participant or party to leave the hearing.  If a participant or party is required to leave the hearing, the hearing may continue in their absence and the offending individual will have been deemed to waive and/or forfeit the right to continue participating.

HCU will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker or chair must first determine whether the question is relevant and explain to the party’s advisor asking cross-examination questions any decision to exclude a question as not relevant.

The Final Rule provides rape shield protections for complainants, deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.

If a party does not have an advisor present at the live hearing, the University must provide, without fee or charge to that party, an advisor of the University’s choice who may be, but is not required to be, an attorney to conduct cross-examination on behalf of that party.

The Title IX Coordinator will designate trained individuals to serve as Title IX decision makers.  A hearing may be conducted with a single decision maker or a panel of 3 decision makers with one designated as hearing chair. A decision maker cannot have previously served as investigator, Title IX Coordinator, or informal hearing facilitator for the same case.  After the live hearing, the HCU hearing chair or decision maker will deliberate in private and reach a decision on the allegations.  The HCU hearing chair or decision maker, will issue a written final determination, issued to both parties simultaneously, regarding responsibility with findings of fact, conclusions about whether the alleged conduct occurred, rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent, whether remedies will be provided to the complainant, and information on how to file an appeal.  Barring exigent circumstances requiring a delay, the hearing chair or decision maker will issue the written final determination within 10 calendar days of the hearing.

X. Appeals

The Title IX Coordinator will designate trained individuals to serve as the Title IX appellate decision makers.  An appellate decision maker cannot have previously served as appellate decision maker for dismissal, hearing decision maker, investigator, Title IX Coordinator, or informal hearing facilitator for the same case.  

The Final Rule states that a school must offer both parties an appeal from a determination regarding responsibility, and from a school’s dismissal of a formal complaint or any allegations therein, on the following bases: procedural irregularity that affected the outcome of the matter; new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter. 

Either party may submit an appeal to the Title IX Coordinator in writing within 10 calendar days of the dismissal notice or final determination having been sent.  Appeals submitted after the deadline will not be considered.  Any appeal submitted prior to the deadline will be considered by an appellate decision maker.

If none of the grounds for appeal listed in this policy are met, then the appellate decision maker will deny the appeal and send a written notice to the parties and their advisors of the denial and rationale.  If one or more of the grounds for appeal listed in this policy are met, then the appellate decision maker will send a written notice of appeal to the parties and their advisors, the Title IX Coordinator, and when appropriate, to the investigator(s) and/or hearing decision maker(s).  This written notice of appeal will include the appeal request, the grounds for appeal that were met, and information about how to submit a response either supporting or challenging the appeal within 10 calendar days.  The appellate decision maker will not accept any new responses or appeal requests following the deadlines set for such submissions.  Barring exigent circumstances requiring a delay, the appellate decision maker will render a decision within 20 calendar days of the written notice of appeal.  The notice of appeal decision will sent to the parties simultaneously and will specify the findings on each ground for appeal, any modification(s) or reversal of a prior dismissal decision or hearing final determination, and a rationale for the appeal decision.  An appeal decision is final and may not be further appealed by any party. 

The decision of a Title IX Coordinator to offer or not offer an informal resolution, the terms of an informal resolution agreed to by all the parties and Title IX Coordinator in writing, or the denial or granting of requested supportive measures may not be appealed by the parties.

XI. Informal Resolution

In some circumstances, HCU, at its discretion, may choose to offer and facilitate informal resolution options to resolve a previously submitted formal complaint, so long as both parties give voluntary, informed, written consent to attempt informal resolution and the Title IX Coordinator approves an attempt for informal resolution.  Informal resolution options may include but are not limited to: mediation, restorative justice, educational conversations, and respondent acceptance of responsibility.  In such cases, the Title IX Coordinator or designee will determine the appropriate option for informal resolution and facilitate the informal resolution process and communicate with the parties. However, information resolution will not be used to facilitate the resolution of a formal complaint that an employee sexually harassed a student.

Resolution may not be required as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment.

At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the formal grievance process with respect to the formal complaint.  At any time prior to agreeing to a resolution, the Title IX Coordinator may suspend informal resolution proceedings and resume the formal grievance process.  No informal resolution may be agreed to under this policy without the written agreement of the Title IX Coordinator.

XII. Retaliation

The Final Rule expressly prohibits retaliation, and any complaints of retaliation should be filed according to the University’s prompt and equitable grievance process as outlined in this policy.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute retaliation; however, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a bad faith materially false statement.

In addition to the Final Rule from the ED, the State of Texas (SB 212) also prohibits retaliation.  As defined by Texas, retaliation is action taken against any person who in good faith makes a complaint of, or opposes, discrimination, harassment, or sexual misconduct of the type prohibited by this policy or who has testified, assisted or participated in an investigation of discrimination, harassment, or sexual misconduct, when such action would dissuade a reasonable person from making or supporting a charge of discrimination, harassment or sexual misconduct. Retaliation includes acts of intimidation, threats, and other acts of discrimination. If warranted, steps may be taken to ensure that retaliation does not occur. This may include monitoring future evaluations of a complainant, respondent, or witness, and may include reassignment.

A formal complaint of retaliation may, at the discretion of the Title IX Coordinator, be investigated and resolved as a new allegation in a related ongoing investigation, or be investigated and resolved under a separate formal grievance process, as outlined in this policy.

XIII. Amnesty & Leniency

Houston Christian University is committed to maintaining a safe and supporting environment for all members of our community. It is essential to emphasize that being a victim of sexual harassment, sexual assault, dating violence, stalking, or other prohibited conduct under this policy is NEVER a violation of the HCU Student Code of Conduct. Individuals who have experienced such incidents will not face punishment for being victims.

Recognizing the potential hesitation of individuals to report sexual harassment, sexual assault, dating violence, stalking, or other prohibited conduct under this policy due to concerns about Student Code of Conduct violations, HCU affirms the following:

1. Confidentiality: The Title IX Office will not disclose the identify of a victim or witness to the Student Conduct Office unless explicitly requested or if there is a risk to a person’s health of safety.  Though some personnel may hold roles in both offices, a separation of processes exists such that information disclosed to the Title IX Office is not automatically subject to review under the Student Code of Conduct.
2. Amnesty: Amnesty will be granted for any Student Code of Conduct violations that may arise from the same set of facts and circumstances as the reported incident of sexual harassment, sexual assault, dating violence, stalking, or other prohibited conduct under this policy for students who in good faith report being victims or witnesses to the incident. This includes violations related to the incident itself or those discovered during the investigation, with the primary goal of supporting the well-being of the individuals involved.
3. The Title IX Coordinator or designee will determine whether a student is entitled to amnesty.  Such determination is final and may not later be revoked by the University.  Such determination is not eligible for appeal.  Amnesty does not apply to a student who reports the student’s own commission or assistance in the commission of sexual harassment, sexual assault, dating violence, stalking, or other prohibited conduct under this policy.

Our university is dedicated to creating an environment where reporting sexual harassment is met with support, understanding, and a commitment to the overall welfare of our community members.

XIV. Policy Approval and Review

The Board of Trustees has the responsibility for the approval of this policy. The university administration will conduct a biennial review to ensure that the policy complies with all Federal and State requirements. Revisions to the policy will be approved by the Board of Trustees.  Due to changes in state or federal statutes, regulations, or case law, compliance with Title IX or related laws may immediately require interim revisions to this policy to take effect prior to approval by the Board of Trustees.  In such cases, an interim revision to the policy will be approved by the President and take effect while pending approval of the revision by the Board of Trustees.