Investigation ProcessTitle IX

A complainant is a person who has allegedly experienced sex/gender-based discrimination, harassment-including sexual harassment or sexual assault, or related retaliation.

Complainant Resources, Rights and Options (pdf)

What types of conduct can I report?

Any violation of civil rights or student misconduct that includes harassment based on a protected class, discrimination based on a protected class, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking and retaliation for reporting or participating in the investigation of any of the above behaviors.

Midland College Policies FFDB (Local) for students, and DIAB (Local) for employees, list the following as a protected class: race, color, national origin, religion, age, or disability. 

What is the difference between Process I (civil rights) and Process II (MC conduct code)?

Under Process I the Department of Education-Office of Civil Rights has stated that in order to be considered a violation of civil rights by a reasonable person, the misconduct must be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education activity or program, which includes living or working on campus.

These areas are automatically considered a civil rights violation:

• Sexual Assault
• Sexual Exploitation
• Dating Violence
• Domestic Violence
• Stalking

Behavior may be inappropriate or unacceptable for some in the Midland College community, but may not reach the standards required by law to be a civil rights violation.

This kind of behavior should not go unaddressed, the Title IX Coordinator will move the complaint to Process II in order to investigate for violations of Midland College policy for sanctioning or disciplinary actions of unprofessional or inappropriate conduct.

By reporting misconduct, it allows Midland College to address the behavior, stop the behavior and ensure that the behavior does not continue.

What is the difference between a criminal investigation and a college investigation?

During a criminal investigation, investigators gather evidence in order to determine whether someone broke the law. If a person is found guilty of breaking a law, a judge assigns criminal penalties (like incarceration or sex offender registration). A Complainant seeking criminal penalties files a report with the relevant law enforcement agency.

Investigations conducted by the Title IX office are considered administrative investigation and are not criminal investigations. During an investigation the assigned investigators gather evidence in order for a determination to be made about whether a federal guideline or college policy have been broken. A Title IX trained Hearing Panel will determine whether or not a violation has occurred. If their determination is “student is responsible for the misconduct” they may assign sanctions that may include probation, suspension or expulsion.

A student is not required to report an issue to law enforcement or the college, but students are encouraged to report to either or both. However, an interview with both a TIX investigator and MCPD officer may occur even though there is no criminal complaint filed. A criminal investigation and a college investigation may occur concurrently.

Can I report on behalf of someone else? 

Yes. If you witnessed or become aware of a potential civil rights violation that is happening to someone else, you can report it in person, by email, by phone, or report form found here (link back to Get Help Now area). You may file anonymously; however, we need as much information as possible regarding the individual that has been affected by the misconduct in order for the Coordinator to reach out to the individual and offer help and resources.

Is there a time limit for reporting?

Reports of discrimination based on sex or gender, sexual harassment, sexual assault, sexual exploitation, dating violence, and stalking at any time. However, if the alleged Respondent or Complainant has graduated, no longer a student or employee of Midland College the response to the report may be limited.

Are there consequences for making false reports?

Yes. Individuals who intentionally mislead an investigator will be sanctioned according to the Midland College Catalog/Student Handbook under Students Rights and Responsibilities, and shall be subject to appropriate disciplinary action.

Please note that a determination of “not responsible” for the respondent is not evidence of a false report.

What happens after a report is submitted?

Once the Title IX Coordinator receives the report, the report is reviewed. The Coordinator will contact the Complainant or the affected individual (if the report was submitted anonymously and if the information is available on the report) for an intake interview. The individual will then be given options of how they can proceed with the complaint and what resources are available to them.

What are Supportive Measures?

Going through an investigation as a Complainant or Respondent is very stressful. Midland College can often assist with academic adjustments or interim support by postponing a test, moving your work location, dropping a class after the deadline, moving you to a different section of the same class and more. The Title IX Coordinator will work with your instructors and Pathways Advisor for the academic adjustments.

We can also support you by facilitating a move to another residence hall or by issuing a “No Contact” restriction so that you and the other party do not talk to each other during the investigation.

At your intake interview with the Title IX Coordinator or designee you will be able to discuss the specific requests necessary to enable you to continue your course work for the remainder of the semester. Your request for supportive measures will be considered regardless of whether you choose to continue with the complaint or investigation or decide to withdraw the complaint.

Can I have someone with me during the process?

Complainants are allowed to have an Advisor of their choice at any time they are participating in the investigation process and hearing process (if applicable). Midland College will assign a Title IX trained Advisor, regardless if the Complainant has their own, in the case that the Complainant’s chosen Advisor is not available.

All Title IX trained Advisors are kept abreast of the investigation, required to remain neutral and advise the Respondent during the process if necessary.

If I report about what happened, is there any amnesty or immunity to me for other student conduct violations (underage drinking, drugs, etc.)?

When a report is made in good faith, as a complainant or witness to an incident of discrimination, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, or stalking the college will not take disciplinary action against you for other violations of the Student Conduct Code occurring at or near the time of the incident being reported. This policy will not apply to a student who reports an incident and is found to be responsible or complicit in the commission of discrimination, sexual harassment, sexual assault, dating violence, domestic violence, or stalking.

Where can I get confidential counseling?

• Midland Rape Crisis & Children's Advocacy Center
• Texas Advocacy Project (Legal Help)

If I want to report on another student, my professor or my boss, can they retaliate against me?

Midland College strictly prohibits retaliation against those who have reported, have been named in a complaint, or participating in a complaint investigation.

Retaliation includes job reprimands, removal from a team or activity, poor grades, negative evaluations, threats, harassment, or other adverse actions.

If someone retaliates against you because you made a report or participated in an investigation, you may file a complaint against them for retaliation.

Will I have to miss work or class in order to come to the interviews or hearings that are scheduled?

When scheduling interviews, meetings or a hearing, the Title IX Coordinator or designee will make every effort to work around your work/school schedule so that there is minimal conflict as possible. If a conflict cannot be avoided, the Title IX Coordinator or designee will provide you with a letter for your supervisor, course instructor or both.

What if I need disability accommodations during the investigation and hearing process?

Notify the Title IX Coordinator or designee as soon as possible to request an accommodation due to disability during the investigation process.

It is your responsibility to make your need known and provide any supporting documentation requested to the Title IX Coordinator or designee to support the need for the accommodations.

Can I talk with other people about what is going on?

It is not prohibited to speak to others about what is going on; however, you should be careful to not engage in conduct that could be perceived as retaliation or third-party retaliation.

Third-party retaliation is when you have told someone about the incident and that individual or persons retaliate, participate in retaliation behavior, are complicit in retaliation behavior or instigate retaliation behavior against those involved in the investigation process.

Can I submit evidence during an investigation?

Absolutely. You may provide the Investigator with any information or evidence you wish to have reviewed. The Investigator will gather your evidence and include in the report that is turned into the Title IX Coordinator to determine if it is relevant to the specific case.

Will the other party see my statement?

Yes. Each party will be allowed to review the written report that includes your statement. Each party will then be allowed 10 days to review and respond before the report is handed in to the Title IX Coordinator for further processing.

If you find any error within the report, you must submit this within your written review of the report. If you do not respond in writing or to the investigator regarding the error within the 10-day time frame, the report will be assumed as correct and turned in to the Title IX Coordinator for further processing.

How long does an investigation take?

Midland College makes every effort to complete an investigation within 35-60 business days. However, many factors such as the complexity of the investigation, the availability of witnesses, or availability of the TIX investigation and hearing panel team. The Title IX Coordinator or designee with keep you reasonably notified of delays or you can contact the Title IX Coordinator or designee at any time for a status update.

Will you share this information with my parents?

No, we only share information with parents or others if you have filled out and signed a FERPA waiver allowing us to do so. Midland College’s Title IX investigations are bound by the Family Educational Rights and Privacy Act (FERPA), a federal privacy law, as well as MC privacy policy. However, we are also bound by state child abuse reporting laws which state that if the student is a minor, we are required to notify the proper authorities.

A respondent is a person who is alleged to have committed sex/gender-based discrimination, harassment-including sexual harassment or sexual assault, or related retaliation, or to have acted in complicity with another who has.

All Respondents/Accused are entitled to a fair grievance process that incorporates due process principles, is treated fairly, has an equal opportunity to submit and review evidence throughout the investigation, and is treated with a presumption of innocence throughout the entire process.

What are my rights if I have been accused?

Respondent Resources, Rights and Options (pdf)

What types of misconduct are reported?

Any violation of civil rights or student misconduct that includes harassment based on a protected class, discrimination based on a protected class, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking and retaliation for reporting or participating in the investigation of any of the above behaviors.

Midland College Policies FFDB (Local) for students, and DIAB (Local) for employees, list the following as a protected class: race, color, national origin, religion, age, or disability.

What is the difference between Process I (civil rights) and Process II (MC conduct code)?

Under Process I the Department of Education-Office of Civil Rights has stated that in order to be considered a violation of civil rights by a reasonable person, the misconduct must be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education activity or program, which includes living or working on campus.

These areas are automatically considered a civil rights violation:

• Sexual Assault
• Sexual Exploitation
• Dating Violence
• Domestic Violence
• Stalking

Sometimes, behavior may be inappropriate or unacceptable for some in the Midland College community, but may not reach the standards required by law to be a civil rights violation.

To be sure that this kind of behavior does not go unaddressed, the Title IX Coordinator will move the complaint to Process II in order to investigate for violations of Midland College policy for sanctioning or disciplinary actions of unprofessional or inappropriate conduct.

By reporting misconduct, it will allow Midland College to address the behavior, stop the behavior and ensure that the behavior does not continue.

What is the difference between a criminal investigation and a college investigation?

During a criminal investigation, investigators gather evidence in order to determine whether someone broke the law. If a person is found guilty of breaking a law, a judge assigns criminal penalties (like incarceration or sex offender registration). A Complainant seeking criminal penalties files a report with the relevant law enforcement agency.

Investigations conducted by the Title IX office are considered administrative investigation and are not criminal investigations. During an investigation the assigned investigators gather evidence in order for a determination to be made about whether a federal guideline or college policy have been broken. A Title IX trained Hearing Panel will determine whether or not a violation has occurred. If their determination is “student is responsible for the misconduct” they may assign sanctions that may include probation, suspension or expulsion.

A student is not required to report an issue to law enforcement or the college, but students are encouraged to report to either or both. However, an interview with both a TIX investigator and MCPD officer may occur even though there is no criminal complaint filed. A criminal investigation and a college investigation may occur concurrently.

Is there a time limit for reporting?

Reports of discrimination based on sex or gender, sexual harassment, sexual assault, sexual exploitation, dating violence, and stalking at any time. However, if the alleged Respondent or Complainant has graduated, no longer a student or employee of Midland College the response to the report may be limited.

Are there consequences for making false reports?

Yes. Individuals who intentionally mislead an investigator will be sanctioned according to the Midland College Catalog/Student Handbook under Students Rights and Responsibilities, and shall be subject to appropriate disciplinary action.

Please note that a determination of “not responsible” for the respondent is not evidence of a false report.

If I tell what happened during the alleged incident, is there any amnesty or immunity available to me for other student conduct violations (underage drinking, drugs, etc.)?

When a report is made in good faith, as a complainant or witness to an incident of discrimination, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, or stalking the college will not take disciplinary action against you for other violations of the code of conduct occurring at or near the time of the incident being reported. This policy will not apply to a student who reports an incident and is found to be responsible or complicit in the commission of discrimination, sexual harassment, sexual assault, dating violence, domestic violence, or stalking.

Midland College does not have an amnesty/immunity policy for employees. All employees are required to fully participate in an investigation.

I don’t want to talk to an investigator. Do I have to participate in the investigation?

A student Respondent must appear at the time and date assigned for the intake and investigation interview and the hearing, if applicable. Students must identify themselves, but may decline to answer some or all of the questions.

The fact that a student refused to participate will not be used as evidence against that student. However, the Title IX Coordinator or Investigator cannot consider your side of the story if they do not have your information.

Respondents are allowed to have an Advisor of their choice at anytime they are participating in the investigation process and hearing process (if applicable). Midland College will assign a Title IX trained Advisor, regardless if the Respondent has their own, in the case that the Respondent’s Advisor is not available.

All Title IX trained Advisors are kept abreast of the investigation, required to remain neutral and advise the Respondent during the process if necessary.

All employees are required to fully participate in College investigations. Failure to participate may lead to disciplinary action as recommended by law.

What if there is an ongoing criminal investigation? Do I have to participate in the College’s investigation?

A student who is a defendant in a criminal proceeding should carefully consider whether they should participate in a college investigation. While Midland College makes every effort to keep our investigation records private, they will be released in response to a legal subpoena.

A student Respondent must appear at the time and date assigned for the investigation interview and the hearing, if applicable. Students must identify themselves, but may decline to answer some or all of the questions.

The fact that a student refused to participate will not be used as evidence against that student. However, the Title IX Coordinator or assigned investigator cannot consider your side of the story if they do not have that evidence.

All employees are required to fully participate in an investigation.

Can I file a cross-complaint against the person that complained about me?

Yes, submit a complaint by completing this form:

Discrimination/Sexual Harassment Report Form

I am a student Respondent and I want to transfer to a different college or university during the investigation of the allegations against me. Will I be able to send my transcript?

In cases where suspension or expulsion are possible sanctions, there will be a “hold” on your records that include, reenrollment at Midland College and the transfer of your Midland College records until the investigation or disciplinary proceeding is complete.

I am a student Respondent. If I am found responsible for a policy violation, will there be something on my permanent transcript?

If found responsible for policy violations that may cause expulsion from Midland College regarding sexual misconduct, your transcript will note “non-academic disciplinary dismissal”.

Students who has been suspended or expelled from Midland College for disciplinary reasons will not be permitted on the campus or other facilities of the College, initiated into an honorary or service organization, or permitted to receive credit for academic work done in residence or by correspondence or extension during the period of suspension or expulsion without prior written approval of the College President or designee.

I am a student Respondent. If I am found responsible for a policy violation, will I lose my scholarships/financial aid?

If found responsible for violations that may cause suspension or expulsion from Midland College regarding sexual misconduct may cause the loss of your scholarship and/or financial aid at the college.

What are Supportive Measures?

Going through an investigation as a Complainant or Respondent is very stressful. Midland College can often assist with academic adjustments or interim support by postponing a test, moving your work location, withdrawing from a class after the deadline, moving you to a different section of the same class and more. The Title IX Coordinator will work with your instructors and Pathways Advisor for help with the academic adjustments in order to keep you on track.

We can also support you by facilitating a move to another residence hall or by issuing a “No Contact” restriction so that you and the other party do not talk to each other during the investigation.

At your intake interview with the Title IX Coordinator or designee you will be able to discuss the specific requests necessary to enable you to continue your course work for the remainder of the semester. Your request for supportive measures will be considered regardless of whether the complaint has been withdrawn or remains in progress.

Will I have to miss work or class in order to come to the interviews or hearings that are scheduled?

When scheduling interviews, meetings or a hearing, the Title IX Coordinator or designee will make every effort to work around your work/school schedule so that there is minimal conflict as possible. If a conflict cannot be avoided, the Title IX Coordinator or designee will provide you with a letter for your supervisor, course instructor or both.

Where can I get counseling or other support services?

Centers Counseling

What if I need disability accommodations during the investigation and hearing process?

Please notify the Title IX Coordinator or designee as soon as possible if you would like to request an accommodation due to disability during the investigation process.

It is your responsibility to make your need known and to provide any supporting documentation requested to the Title IX Coordinator or designee to support the need for the accommodations.

Can I talk with other people about what is going on?

You are not prohibited from speaking to others about what is going on; however, you should be careful to not engage in conduct that could be perceived as retaliation or third-party retaliation.

Third party retaliation is when you have told someone about the incident and that individual or persons retaliate, participate in retaliation behavior, are complicit in retaliation behavior or instigate retaliation behavior against those involved in the investigation process.

Can I submit evidence during an investigation?

Absolutely. You may provide the Investigator with any information or evidence you wish to have reviewed. The Investigator will gather your evidence and include in the report that is turned into the Title IX Coordinator to determine if it is relevant to the specific case.

Will the other party see my statement?

Yes. Each party will be allowed to review the written report that includes your statement. Each party will then be allowed 10 days to review and respond before the report is handed in to the Title IX Coordinator for further processing.

If you find any error within the report, you must submit this within your written review of the report. If you do not respond in writing or to the investigator regarding the error within the 10-day time frame, the report will be assumed as correct and turned in to the Title IX Coordinator for further processing.

How long does an investigation take?

Midland College makes every effort to complete an investigation within 35-60 business days. However, many factors such as the complexity of the investigation, the availability of witnesses, or availability of the TIX investigation and hearing panel team. The Title IX Coordinator or designee with keep you reasonably notified of delays or you can contact the Title IX Coordinator or designee at any time for a status update.

Will you share this information with my parents?

No, we only share information with parents or others if you have filled out and signed a FERPA waiver allowing us to do so. Midland College’s Title IX investigations are bound by the Family Educational Rights and Privacy Act (FERPA), a federal privacy law, as well as MC privacy policy. However, we are also bound by state child abuse reporting laws which state that if the student is a minor, we are required to notify the proper authorities.

Often times parents want to know what the rights of their students are as either a Complainant or a Respondent. Parents can choose to review either the Complainant or Respondent information about what is available for their student.

In addition to the Complainant or Respondent information, we have added some additional parent information regarding their student if he/she should become involved in a Title IX complaint.

My child doesn’t want to report being sexually harassed by another student. Can I file the report for them?

Yes. Midland College recommends obtaining consent from your child prior to reporting, but it is not required.

If you witnessed or are aware of discrimination or harassment (including sexual violence) based on sex that is happening to someone else, you can report it to the Title IX Coordinator. The Title IX Coordinator will take your statement and then reach out to the person being impacted and offer help and resources. 

The College’s response will likely be limited if the student does not want to participate in the investigation and resolution process.

What if my student is concerned about retaliation?

Midland College has a policy preventing retaliation against anyone reporting or participating in an investigation of Title IX or MC Policy violation. If you feel like you or your student are being retaliated against for making a report, you can contact the Title IX Coordinator or designee to report the retaliation.

The Title IX Coordinator or designee can also offer supportive measures to impacted individuals. Some examples are:

• Adjustment of course schedule (different section of the same class that may be taught by a different instructor)
• Issue a “No Contact” restriction to both the Complainant and the Respondent
• Offer to move the student to a different residence hall or room so that they do not have daily contact with the other party 

What is the difference between Process I (civil rights) and Process II (MC conduct code)?

Under Process I the Department of Education-Office of Civil Rights has stated that in order to be considered a violation of civil rights by a reasonable person, the misconduct must be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education activity or program, which includes living or working on campus.

These areas are automatically considered a civil rights violation:

• Sexual Assault
• Sexual Exploitation
• Dating Violence
• Domestic Violence
• Stalking

Behavior may be inappropriate or unacceptable for some in the Midland College community, but may not reach the standards required by law to be a civil rights violation.

This kind of behavior does not go unaddressed, the Title IX Coordinator will move the complaint to Process II in order to investigate for violations of Midland College policy for sanctioning or disciplinary actions of unprofessional or inappropriate conduct.

By reporting misconduct, it allows Midland College to address the behavior, stop the behavior and ensure that the behavior does not continue.

Is there a time limit for reporting?

Reports of discrimination based on sex or gender, sexual harassment, sexual assault, sexual exploitation, dating violence, and stalking at any time. However, if the alleged Respondent or Complainant has graduated, no longer a student or employee of Midland College the response to the report may be limited.

Are there consequences for making false reports?

Yes. Individuals who intentionally mislead an investigator will be sanctioned according to the Midland College Catalog/Student Handbook under Students Rights and Responsibilities, and shall be subject to appropriate disciplinary action. APPROVAL -- shall be subject to appropriate disciplinary action.

Please note that a determination of “not responsible” for the respondent is not evidence of a false report.

Why can’t you talk to me about my student’s case?

A student’s privacy is protected by the Family Educational Rights and Privacy Act (FERPA). FERPA prevents colleges and universities from discussing a student’s educational record with anyone other than the student unless a waiver is signed giving the College official permission to speak with others.

Students wishing to waive their FERPA Rights may obtain a waiver from the Title IX Coordinator or designee in order for them to speak with a parent regarding their case. If a FERPA waiver has already been signed, it is general practice to speak with the student prior to speaking with the parent.

Can I hire an attorney for my student?

Yes. Anyone who goes through this process is entitled to have an advisor present with them at all times. A Title IX Trained Advisor is automatically assigned to the case in the event that the student’s chosen Advisor is unable to attend or decides they no longer want to participate in the process.

The role of the Advisor is to provide support as well as guidance and advice. The role of Advisor is to observe only and may not speak for the student or ask questions for the student. An Advisor can advise the student on what to say and what questions to ask prior to interactions with the Title IX Coordinator or Investigator.

The advisor cannot be called as a witness once they have assumed the role of advisor because it would allow the witness to adjust their evidence to line up with evidence submitted by the party.

Please note that the Title IX Coordinator or designee reserves the right to remove an advisor if they become disruptive in our process.

The Complainant and Respondent are allowed to have any advisor of their choice. This advisor can be a parent, friend, pastor, lawyer, grandparent, etc. A Title IX Trained Advisor is automatically assigned to the case in the event the student’s chose Advisor is unable to attend or decides they no longer want to participate in the process.

We recommend that you allow your student to decide who their advisor will be. Some students do not wish to have a parent serve as an Advisor, the student does not feel comfortable answering difficult or embarrassing questions in front of a parent. And some parents may have difficulty understanding the questions or hearing the answers provided by their student in some cases.

How can I support my child through this process?

The best ways to support a child involved in a Title IX complaint is to be available to them: listen, acknowledge that this is a difficult situation, and be non-judgmental. Stay connected and check in frequently. You should also encourage your child to talk to people who can help guide them through the process. You can also direct your child to our resources page, where information can be found about counseling, medical care, and advocacy.

What if my student needs disability accommodations during the investigation and resolution process?

Please ask your student to notify their case manager as soon as possible. 

Please note that it is your student’s responsibility to make their need known and to provide any supporting documentation requested by the case manager to support the need for the accommodations.

For more information regarding your student’s rights in the process, refer to the Complainant Information or Respondent Information areas (above).