Procedures the University Will Follow When a Crime of Dating Violence, Domestic Violence, Sexual Assault, or Stalking is Reported

The following information is the same for both the Title IX Sexual Misconduct process and the Non-Title IX Sexual Misconduct process. Any areas that may be different will be specifically noted.

The University has procedures in place that are sensitive to victims who report sexual assault, dating violence, domestic violence, and stalking, including informing individuals about their right to file a criminal complaint, as well as the availability of Supportive Measures such as counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and other services on and/or off-campus, as well as additional remedies to prevent contact between a Complainant and a Respondent, such as housing, academic, transportation and working accommodations, if the accommodations are reasonably available.

The University will implement Supportive Measures, if the victim requests them and they are reasonably available, regardless of whether the victim chooses to report the crime to local law enforcement.

The Office for Student Civil Rights & Sexual Misconduct is responsible for investigating reports involving students. Reports involving employees will be investigated by the System Office of Equal Opportunity or the System Office of Equal Opportunity in conjunction with the Office of Student Civil Rights & Sexual Misconduct. If a report of dating violence, domestic violence, sexual assault, or stalking is reported to the University, the procedures that will be followed are:

The Office for Student Civil Rights & Sexual Misconduct and/or the Texas Tech Police Department will:

1. Refer the victim to medical care as appropriate.
2. Assess immediate safety needs of the victim.
3. Provide the victim with a written explanation of the victim's rights and options.
4. Provide the victim with referrals to on- and off-campus mental health providers.
5. Assist the victim with contacting police if the victim requests.
6. Provide written instructions to the victim on how to apply for a Protective Order.
7. Provide written instructions to the victim on how to preserve evidence.

The Office for Student Civil Rights & Sexual Misconduct will:

1. Assess need to implement emergency removal and/or protective measures.
2. Provide mutual "No Contact" directive to parties involved if deemed appropriate.
3. Provide a copy of the policy applicable to the victim and inform the victim regarding time frames for inquiry, investigation, and resolution.
4. Inform the victim of the outcome of the investigation and what the outcome of the hearing is.
5. Enforce University policies that address Retaliation against a person for reporting or for assisting the investigation.

The Counseling Center may facilitate anonymous reporting to the Office for Student Civil Rights & Sexual Misconduct.

Employee Assistance Program

Texas Tech provides an Employee Assistance Program (EAP) for use by employees which is available to provide full-time, part-time, and temporary employees assistance with problems such as sexual or physical abuse, depression, marital and relationship conflict, stress, grief, critical incident stress, anxiety, and other personal matters. All employees, regardless of performance, are eligible. Immediate family members of the employee (defined as spouse or minor/dependent child under 18 years of age or still attending high school and living in their households) are also eligible. All information relating to an employee's EAP participation is strictly confidential and only the EAP provider maintains EAP records. Unless the employee gives advance written consent, the EAP provider does not release specific information about an employee's use of EAP services nor do they report incidents to any official on-campus resource.

Assistance For Victims - Rights & Options

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on- or off-campus, the university will assist victims of sexual assault, dating violence, domestic violence, and stalking and will provide each victim with a written explanation of their rights and options.

Such written information will include:

• the procedures victims should follow if a crime of dating violence, domestic violence, sexual assault, or stalking has occurred
• information about how the institution will protect the confidentiality of victims and other necessary parties
• a statement that the institution will provide written notification to students and employees about victim services in the institution and in the community
• a statement regarding the institution's provisions about options for, available assistance in, and how to request accommodations and protective measures
• an explanation of the procedures for institutional disciplinary action
• an explanation of the institutional/law enforcement ability to enforce civil/criminal protective orders

Responsibilities for Orders of Protection, No-Contact Orders, Restraining Orders, or Similar Lawful Orders Issued by a Criminal, Civil, or Tribal Court

When initial inquiry indicates a persistent and potentially escalating conflict between members of the University community, a "No Contact Order" may be issued as a remedial, non-punitive deterrent to further conflict or situational complication. "No Contact Orders" can be issued by the Office for Student Civil Rights & Sexual Misconduct. The notice serves as an official directive that the parties have no contact. Contact cannot occur in person, by telephone, email, text message or other electronic means of communication, or through a third party (other than an attorney). Should contact need to occur, the student should coordinate with the Office for Student Civil Rights & Sexual Misconduct or Office of Student Conduct. This notice may also come with other information related to changes in class schedule or other restrictions to facilitate the "No Contact Order."

Failure to comply with the "No Contact Order" may result in disciplinary action, including possible suspension or expulsion. Violations of a "No Contact Order" may also result in emergency removal pending the completion of a Grievance Process. The term of a "No Contact Order" is one year from the date of issuance, or the graduation of one or both parties, whichever comes first.

All criminal or civil protective orders must be requested through the court and requires evidence to show the need for such order. A victim advocate or local attorney can assist in the process of obtaining a protective order from the court. Texas Tech Police Department, or any on-campus police department at the regional campuses, can enforce criminal and civil protective orders within campus boundaries.

Accommodations and Protective Measures Available for Victims

Upon receipt of a report of dating violence, domestic violence, sexual assault, or stalking, the University will provide written notification to victims about options for available assistance, and how to request Supportive Measures at the institution. Supportive Measures are described in writing in the initial communication following a report and include areas such as academic, living, transportation, and working situations. A Supportive Measures document is presented to parties during the intake meetings and made available at multiple offices on campus.

The university will offer Supportive Measures to the parties in order to maintain an environment free from harassment, discrimination, and/or retaliation; protect the safety and well-being of the parties and the university community; and restore or preserve equal access to the university's education programs or activities. These Supportive Measures may be kept in place through or beyond the conclusion of any review, investigation, or appeal process and may be implemented regardless of whether Complainant files a Formal Complaint. The written notification will include information regarding the Supportive Measures available and how to request those measures.

At the victim's request, and to the extent of the victim's cooperation and Consent, University offices will work cooperatively to assist the victim in obtaining Supportive Measures. If reasonably available, a victim may be offered changes to academic, living, working, or transportation situations regardless of whether the victim chooses to report the crime to law enforcement. The range of Supportive Measures available includes, but is not limited to: separation or modification of Complainant and Respondent's academic or working situations; mutual restrictions on contact; one-way restrictions on contact, where justified by the specific facts and circumstances; permissive withdrawal from or repeat of a class without penalty; counseling; extensions of deadlines or other course-related adjustments; campus escort services; leaves of absence; increased security and monitoring of certain areas of campus; or any other similar measures tailored to the individualized needs of the parties.

Consistent with Texas law, a Complainant or Respondent who is the subject of an alleged incident of Sexual Misconduct will be allowed to drop a course in which they are both enrolled without any academic penalty.

To request changes to academic, living, transportation, and/or working situations, or protective measures, a victim should:

• Students: Contact the Title IX Coordinator for assistance
• Employees/Faculty: Contact the System Office of Equal Opportunity or Title IX Coordinator

Confidentiality

Texas Tech is committed to ensuring confidentiality during all stages of the Grievance Process. The confidentiality of the Complainant, the Respondent, the reporting party, any individuals who have sought guidance about Sexual Misconduct or have participated in an investigation or incident will be honored by the University to the extent possible without compromising the University's commitment and obligation to investigate allegations of misconduct, to protect the University community, and to the extent allowed by law.

Victims may request that directory information on file with the University be withheld by request.

This request can be made to the Registrar's Office. Employees can contact the Office of Human Resources to make a similar request regarding directory information. Regardless of whether a victim has opted out of allowing the University to share "directory information" personally identifiable information (PII) about the victim and other necessary parties will be treated as confidential and only shared with persons who have a specific need-to-know, i.e., those who are investigating/ adjudicating the report or those involved in providing Supportive Measures to the victim, including accommodations and protective measures.

By only sharing personally identifiable information with individuals with a legitimate educational interest, the institution will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures. The University does not publish the name of crime victims or other identifiable information regarding victims in the Daily Crime Log or in the annual crime statistics that are disclosed in compliance with the Jeanne Clery Campus Safety Act.

Furthermore, if a campus safety alert is issued on the basis of a report of dating violence, domestic violence, sexual assault, or stalking, the name of the victim and other personally identifiable information about the victim will be withheld; this could include the specific location where an incident is reported to have occurred when reporting the location could inadvertently identify the victim.

Unless waived in writing by the individual, the identity of the aforementioned individuals:

• Is confidential and not subject to disclosure under Texas Chapter 552, Government Code (Public Information)
• All publicly available record-keeping is completed without the inclusion of personally identifiable information about victims.
• May be disclosed only to
  • university employees or individuals under contract with the university to which the report is made who are necessary for an investigation of the report or other related hearings
  • a law enforcement officer as necessary to conduct a criminal investigation of the report
  • a health care provider in an emergency, as determined necessary by the university
  • the responding party, to the extent required by other law or regulation
  • potential Witnesses to the incident as necessary to conduct an investigation of the report and to the extent required by other law or regulation

Campus and Community Services for Victims and Respondents

Upon receipt of a report of dating violence, domestic violence, sexual assault, or stalking, the university will provide written notification to students and employees about existing assistance with and information about obtaining resources and services, including counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and assistance in notifying appropriate local law enforcement. If a sexual assault should occur on campus, staff on-scene, including any on-campus police, will offer the student(s) a wide variety of services. This information regarding "resources" is not provided to infer that those resources are "crime reporting entities" for Texas Tech University.

• Emergency contact
• Campus resources for students
• Campus resources for employees
• Community resources
• National hotlines and resources