[Major revision–posted 08/14/20 (replaces 12/16/19 edition)]
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Operating Policy and Procedure

OP 40.03: Sexual Misconduct

DATE: August 14, 2020

PURPOSE: Texas Tech University (TTU) is committed to providing and strengthening an educational, working, and living environment where students, faculty, staff, and visitors are free from sex discrimination of any kind. Therefore, TTU prohibits discrimination based on sex and other types of sexual misconduct, including but not limited to sexual harassment, sexual assault, dating violence, and stalking. The purpose of this Operating Policy/Procedure (OP) is to (1) state TTU's requirements for reporting incidents of sexual misconduct; (2) state TTU's policy on sexual misconduct; (3) implement electronic reporting protocols for such incidents; (4) develop a comprehensive prevention and outreach program; (5) establish penalties for noncompliance with this OP; and (6) provide amnesty or immunities to students and employees who report incidents of sexual misconduct.

REVIEW: This OP will be reviewed in November of odd-numbered years by the TTU Title IX Coordinator, Dean of Students, and Assistant Vice President for Human Resources, in consultation with the System Offices of Equal Opportunity and General Counsel, with substantive revisions forwarded to the Associate Vice President for Administration and Chief of Staff to the President. Any substantive changes to this policy must be approved by the Board of Regents.

POLICY/PROCEDURE

1.  Discrimination based on sex and other types of sexual misconduct (including the reporting and prevention of, and the grievance process and remedies for sexual misconduct) in the TTU community is governed by Texas Tech University System Regulation 07.06, which includes two distinct policies and procedures based on applicable federal and state law:

a.    System Regulation 07.06.A Title IX Sexual Misconduct, and

b.    System Regulation 07.06.B Non-Title IX Sexual Misconduct.

The Sexual Misconduct Policy Applicability Flowchart, attached to each policy, summarizes these policies' applicability and their respective procedures. Questions regarding the applicability of these policies should be directed to the Title IX Coordinator or System Office of Equal Opportunity, whose contact information is provided in Section 2 of this OP.

2.  TTU Title IX Coordinator and designated Deputy Coordinator for TTU students and employees:

3.  The following additional resources are available:

4.  The following outside agencies are available as additional resources:

a.    Nothing in this OP or the incorporated regulations shall limit an individual from seeking assistance or filing a complaint with an outside agency.

b. Administrative Agencies:

c.    Law Enforcement Agencies:

AUTHORITATIVE REFERENCES

• Title VII of the Civil Rights Act of 1964
• Title IX of the Education Amendments of 1972
• 34 CFR Part 106
• Texas Labor Code Chapter 21
• Violence Against Women Act (VAWA)
• Campus Sexual Violence Elimination Act of 2013 (Campus SaVE)
• Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
• Texas Education Code Sections 51.9363, 51.251 – 51.260, and 51.281 – 51.295
• Texas Family Code Sections 71.004 and 71.0021
• Texas Penal Code Section 42.072

OP Categories

01 Chancellor
02 Development
04 Audit Services
10 President
30 Academic and Student Affairs – General
32 Academic Policies – Faculty
34 Academic Policies – Students
36 Academic Programs
40 Equal Opportunity and Affirmative Action
48 Communication Services
52 Information Technology
60 Environmental Health and Safety
61 Facilities Management
62 Financial and Accounting
63 General Services
64 Graduate Programs (Faculty and Students)
65 Research Accounting
66 Libraries
67 Mail Services
68 Communications and Marketing
69 Payroll and Tax Services
70 Human Resources
72 Purchasing, Contracting, and Payables
74 Research
76 Security
77 Student Services and Registrar
78 Traffic and Parking
79 Travel
80 Vehicles