The university must take immediate action when notice of sexual misconduct is received.
The university has notice if a Responsible Employee knew or, in the exercise of reasonable care, should have known about the misconduct.
A Responsible Employee includes any faculty, staff, or student employee who has the authority to take action to redress the harassment, has the duty to report sexual harassment or other misconduct to appropriate university officials, or whom a student could reasonably believe has this authority or responsibility.
All university faculty, staff, and student employees who are either the subject of, witness to, or receive a report of gender-based harassment, discrimination, or sexual misconduct, including sexual harassment, sexual violence, domestic violence, dating violence, and stalking, have the obligation to report such information.
This does not mean the student's name or other personally identifying information must be shared as sometimes the student will request that the faculty/staff/student employee not tell anyone of the report. Rather, by contacting either the Title IX Coordinator or a Deputy Coordinator listed in the Resources section, a faculty/staff/student employee can both satisfy the reporting and notice requirement as well as obtain information about remedies, resources, and university processes that he or she can then pass along to the student as a follow-up. In this way, faculty/staff/student employees can provide reluctant students with valuable information while still protecting the student's confidence, trust, and anonymity. Alternatively, when students do wish to report, faculty and staff are instrumental in referring students to the administrators who can most effectively assist them.
Federal Timely Warning Reporting Obligations
Victims of sexual misconduct should also be aware that university administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The university will ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.
Texas Tech University will protect the confidentiality of the identities of and the statements made by parties and witnesses involved in a report or complaint to the extent permitted by law and to the extent that continued protection does not interfere with the university's ability to investigate allegations of misconduct and to take corrective action. The willful and unnecessary disclosure of confidential information by anyone, including the employee filing the grievance, regarding a complaint of discrimination or violation of law to any person outside of the investigation process may result in appropriate disciplinary measures against the offending party.
Retaliation against an employee who reports discrimination or other violation of the law or who participates in an investigation under this policy is strictly forbidden. Any manager or supervisor or other employee who is found to have taken any adverse employment action against an employee because of the employee's good faith report of discrimination or other violation of the law or participation in an investigation under this policy is subject to severe penalties, including immediate termination. This may apply even if it is determined that the underlying grievance is not a violation of TTU policy or law.
Additional information for complaints involving students can be found under the Faculty/Staff section of the Sexual Misconduct: Response and Prevention student website.