What Happens If I Report?
Confidentiality:
Texas Tech University is committed to ensuring confidentiality during all stages of the student conduct process. If students are unsure whether they want to involve family or friends, and are not yet certain whether they want to report to the police or the University, there are resources available, both on and off campus, that offer confidential assistance and support.
There are three distinct categories of individuals who can receive reports of harassment and discrimination, all three with different obligations regarding confidentiality.
- All university employees (faculty, staff, administrators, student employees) are required by federal law, as Responsible Employees, to immediately report actual or suspected harassment, sexual violence, or discrimination to the Title IX Coordinator and/or Deputy Coordinators. This information, once referred, will still remain private and will be shared only with those administrators who have a legitimate educational need to know. Nevertheless, reporting parties may want to consider whether they share personally identifiable details with non-confidential employees, as the employee must refer all known details to appropriate Title IX administrators.
- The staff members in the Risk, Intervention, Safety, and Education (RISE) Office are a specifically designated group of administrators who, unlike those employees classified as Responsible Employees, are not required to refer personally identifiable information to the Title IX Coordinator and/or Deputy Coordinators. The RISE Office staff is, however, required to report information about an incident, but can do so in a "Jane/John Doe" format.
- If a student wishes to talk with someone about an incident, but wants their report to remain strictly confidential and does not wish any personally identifiable information disclosed, the student may utilize the resources listed below. Counselors and employees in the these departments are not required to report information to any other individual or entity, except in extreme cases of immediate threat or danger, or abuse of a minor. Counselors in the Student Counseling Center are available to assist students free of charge and can be seen on an emergency basis, both during normal business hours and via phone after hours.
Confidentiality in Student Conduct Process
The University is committed to facilitating an environment that supports students reporting incidents of misconduct, and will always attempt to resolve a situation in accordance with a student's wishes. In most cases, the University will not initiate student conduct proceedings or take administrative action without consulting with the reporting student.
All reports of misconduct will be maintained with the highest possible level of confidentiality. Information provided by the student will only be shared with essential staff members and only as is necessary for the effective investigation and adjudication of the case. When a Complainant wishes to pursue allegations of misconduct via the student conduct process, the Respondent has the right to know the identity of the reporting party and the opportunity to review all information and evidence that will be considered at a hearing. Where reports of misconduct involve other students or witnesses, some information may need to be shared with those involved parties in order to gather evidence and complete a thorough investigation.
If a victim does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the victim may make such a request to the Title IX Coordinator, Deputy Coordinators, or designee, who will evaluate that request in light of the University's duty to ensure the safety of the campus and comply with federal law. In cases where the victim requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim supports and remedies to the victim and the community, but will not otherwise pursue formal action.
In cases where Respondent behavior indicates pattern, predation, threat, weapons, and/or violence, the University will likely be unable to honor a request for confidentiality. A reporting party has the right and can expect to have reports taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through the procedures outlined in this policy.
Reporting Procedures:
It is highly encouraged that you speak with an administrator, even if you are unsure whether you want to file a formal report. Administrators will not contact the respondent or otherwise escalate the situation without first consulting with the complainant, and will provide information on available remedies, resources, and options for resolution.
Call 911Texas Tech University's primary concern is always to ensure that students are taken care of. Accordingly, administrators will assist in any way they can, offering various remedies and resources, even if a complainant does not wish to pursue formal student conduct processes.
Remedies and resources will be provided on a case-by-case basis and will correspond with the needs of each individual student and each specific situation – regardless of whether the student decides to make a formal report. Those remedies and resources include, but are not limited to:
- Implementing a No Contact Order between parties;
- A change or modification to residence hall or living options;
- Altering academic schedules or class modifications;
- Referral to counseling and health services;
- Altering student employment arrangements or work schedule modifications;
- Assistance with extracurriculars, organization(s), activities;
- On-campus parking considerations;
- Providing transportation options;
- Education to the community;
- Police escort across campus.
Any person can report alleged harassment or discrimination, including faculty, students, staff, administration, guests, visitors, etc.
Texas Tech University's jurisdiction for addressing sexual misconduct is not limited to on-campus incidents. If the University receives notice of an incident of sexual misconduct or harassment, and the alleged misconduct impacts the educational environment of a member of the Texas Tech community, the University is required by federal law to look into the situation, regardless of where the incident occurred.
Frequently Asked Questions
What if I, or my friend, were doing something wrong (i.e., underage drinking) when the more serious incident occurred? Will I, or my friend, get in trouble if one of us reports?
Texas Tech is committed to facilitating an environment that supports students reporting incidents of sexual misconduct. As such, the University will attempt to provide educational options rather than formal conduct proceedings for what would comparatively be considered more minor violations. This is what is known as an Amnesty Provision. You can read more about TTU's Amnesty Provision in Part I, Section A.12 of the TTU Student Handbook (found here).
Will the use of drugs or alcohol affect the outcome of a sexual misconduct conduct resolution?
The use of alcohol and/or drugs by either party will neither diminish the Respondent's responsibility nor excuse a violation of TTU policy. On the other hand, alcohol and/or drug use is likely to affect the one or both parties' memory, and may thus affect the resolution of the reported misconduct. A Complainant must either remember the alleged incident or have sufficient circumstantial evidence, physical evidence, and/or witnesses to demonstrate that policy was violated.
Will either party's prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?
Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present matter.
What if I would like to make a report, but I want to remain anonymous?
Yes, you may remain anonymous. Texas Tech understands the sensitive nature of incidents involving sexual misconduct. Further, the University is mindful of complainants' desire, in many cases, to report an incident without disclosing their name or other identifying information. Here's what you should know about these types of situations: Texas Tech will always do its absolute best to protect a student's anonymity, if that is the student's wish. Doing so, however, will typically make it difficult to thoroughly and effectively investigate the occurrence. The University will work with the reporting student to explain the various options for resolution and determine which approach best fits the student's wants and needs. The only time Texas Tech may be forced to disclose a complainant's name during an investigation is when the alleged misconduct presents a continuing threat to the campus community. This is required by federal law. That said, Texas Tech will always do the utmost to work with students who report incidents of sexual misconduct, protecting anonymity and confidentiality wherever possible.
If I report an incident, will my parents be notified?
No, not unless you tell them. Whether you are the reporting party or the responding party, the University's primary relationship is to the student and not to the parent. It is, however, strongly encouraged that students inform their parents of incidents that may impact their health, academics, or disciplinary standing with the University. If a student wishes the University to notify parents of an incident, the University will do so at the student's request provided the student has signed a FERPA waiver. The University may, however, be required to notify parents regarding incidents of abuse or physical injury where the student is a minor.
Will the Respondent know my identity?
If a Complainant reports an incident to the University and wants to pursue disciplinary action via a formal investigation and hearing per the Code of Student Conduct, then yes. The Respondent has the right to know the identity of the reporting party. However, the University has various options for limiting Complainant and Respondent interaction throughout the investigation and hearing process, such as Skype/video conferencing into the hearing from a different location, a room divider in the hearing room, and the use of the Investigator as a medium for posing questions to the other party.
Do I have to name the responding party?
Yes, if you want formal disciplinary action to be taken against the Respondent. You can report the incident without the identity of the Respondent, but doing so may limit the institution's ability to respond comprehensively.
What do I do if I am accused of sexual misconduct?
DO NOT contact the reporting party. You may immediately want to contact someone who can act as your advisor (see Student's Right to be Accompanied by an Advisor section below). You may also contact the Dean of Students Office of the Office of Student Conduct, where administrators can explain the University's policies and procedures for addressing sexual misconduct reports. You are also highly encouraged to talk to a confidential counselor at the Student Counseling Center or seek other community assistance.
Do I need an attorney?
Victims of criminal sexual assault do not need to retain a private attorney to pursue criminal prosecution because representation will be handled by the District Attorney's office. Victims may want to retain an attorney if they are considering filing a civil action against the responding party. The Respondent may retain counsel at their own expense if they determine that they need legal advice about criminal prosecution. Both the Complainant and Respondent may also use an attorney as their advisor during the University student conduct process, but the assistance of an attorney is not necessary. Attorneys are subject to the same restrictions as other advisors in the process (see Student's Right to be Accompanied by an Advisor section below). The University provides legal assistance via Student Legal Services. However, most incidents of student misconduct will create a conflict of interest and prevent SLS from providing representation. A referral list may be provided upon request.
Interim Safety Measures
TTU Policies
Student Information Packet
Title IX
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Address
Doak Hall 129, Lubbock, TX, 79409 -
Phone
806.742.7233 -
Email
titleix@ttu.edu