Sexual Misconduct Policy

The State of Texas mandates all institutions of higher learning require new students to review the campus sexual misconduct policy. Information about this mandate, can be found in the Texas Education Code Section 51.9363 (d).

Midland College statement of nondiscrimination under Policy FFDA (Local) Freedom from Discrimination, Harassment, and Retaliation Sex, and Sexual Violence:

Midland College prohibits discrimination, including harassment against any student on the basis of sex or gender. Retaliation against anyone involved in the complaint process is a violation of Midland College policy and is prohibited.

Under this policy the definition of prohibited conduct includes discrimination, harassment and retaliation. Even if the behavior does not rise to the level of unlawful conduct.

Excluding sexual assault, each of these prohibited behaviors must be so severe, persistent or pervasive that the behavior limits or denies a student’s ability to participate in or benefit from the educational program at Midland College:

Sexual Harassment of a student committed by an employee

Includes unwelcome sexual advances; request for sexual favors; sexually motivated physical, verbal or nonverbal conduct; or other conduct or communication of a sexual nature. This conduct includes:

1. When a student is made to believe the unwanted sexual conduct is a condition of participation in a school program or activity; or the employee will make an educational decision based on whether or not the student submits to the conduct.
2. The conduct is so severe, persistent and pervasive that it limits or denies the student’s ability to participate in or benefit from the Midland College educational program.

Sexual Harassment of a student by another student

Includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal or nonverbal conduct.

Sexual violence is a form of sexual harassment

Sexual Violence

Defined as physical acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability.

Gender Based Harassment

Includes physical, verbal, nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity.

Retaliation

Midland College prohibits retaliation by a student alleged to have experienced discrimination or harassment or another student, who in good faith, makes a report of harassment or discrimination, serves as a witness, or otherwise participates in an investigation.

False Claims

A Student who intentionally makes a false claim, officers false statements, or refuses to cooperate with a Midland College investigation regarding discrimination or harassment shall be subject to appropriate disciplinary action.

REPORTING PROCEDURES

Student Report

Any student who believes that he or she has experienced prohibited conduct should immediately report the alleged acts to a responsible employee or submit the report electronically through the Midland College website. 

Note:  The online form can be used to report an incident anonymously.  However, if you choose to submit  anonymously, this limits the ability to investigate, address and stop the prohibited behavior.

three Ways to report complaints:

1. File a report with the Title IX Coordinator
   
   Nicole Cooper
   Scharbauer Student Center, Room 129
   ncooper@midland.edu
   
   
2. Online, by submitting the Discrimination/Sexual Harassment Complaint form located in the footer of each MC web page. This form needs to be submitted ONLY if you have a complaint.
   
   
3. Or with any RESPONSIBLE EMPLOYEE of Midland College. Midland College has designated the following persons as responsible employees:
   • Any Instructor
   • Any Administrator
   • Any Staff Member
   • Midland College Police Department

Exception

Any employee that holds a professional license requiring confidentiality, such as a counselor or is supervised by such a person and is acting in the capacity of the confidential licensure when told of the incident, is not required to disclose the prohibited conduct without consent of the student.

A complaint about harassment or discrimination to a Midland College responsible employee is not considered a criminal investigation. The official who investigates does so with regard to any violation of the Midland College policy.