Reports of discrimination based on sex, including sexual harassment, may be directed to the Title IX coordinator. The College District designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:
Name: Ken Zartner
Position: Executive Director of Administration and Human Resources
Address: 201 W. University, Odessa, TX 79764
Telephone: (432) 335-6421
Sexual Harassment
Odessa College is opposed to any and all forms of sexual discrimination or harassment within the College community and will take the steps necessary to stop such conduct. Determining what constitutes sexual harassment can vary according to individual circumstances, but it can be described in general terms as unwanted or unwelcome sexually-oriented behavior, such as physical actions or verbal comments, which adversely affects the working or learning environment of an individual.
This statement of zero tolerance for sexual harassment applies to students and College personnel alike. Odessa College’s sexual harassment policy and procedures are designed to deal with complaints of sexual harassment in a reasonable and orderly fashion.
Federal law requires that the College appoint a Title IX coordinator, who is responsible for serving as a resource person on sexual harassment issues and all other forms of discrimination. The Executive Director of Administration and Human Resources is the designated harassment prevention/Title IX coordinator. The Director of Student Life will serve as an advocate for students in distress or a person of contact to initiate campus investigations.
Sexual Assault and Related Offenses
Odessa College is committed to providing a safe, secure environment for students, visitors, and employees. The College provides educational materials to staff and students promoting safety awareness and crime prevention. The College’s educational programs:
• promote and support institutional activity programming that encourages safety awareness as it relates to sexual assaults and non-sexual offenses;
• expand collaborative relationships between community groups, agencies, and the institution for education, treatment, and referral of those who have experienced sexual assaults or nonsexual offenses;
• provide training for students, faculty, and staff to enable them to detect specific problems as a result of sexual assaults and to refer persons with such problems to appropriate referral sources;
• provide counseling services for students needing assistance;
• include printed materials and guest lecturers promoting safety and crime awareness during faculty/staff in-service meetings;
• promote use of the “buddy system” for students in college housing;
• continue to strengthen relationships with law enforcement officials to insure quick response to calls involving sexual assault or other campus crimes.
Definitions of Sexual Assault/Violence Crimes
Consent (Texas Family Code §71.004)
Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers.
Sexual Assault (Texas Penal Code §22.011)
Intentionally or knowingly for adult or child:
• Causes the penetration of the anus or sexual organ of another person by any means, without that persons consent;
• Causes the penetration of the mouth of another person by the sexual organ of the actor, without the person’s consent;
• Causes the sexual organ of another person, without the person’s consent, to contact or penetrate the mouth, anus, sexual organ of another person, including the actor.
Is without the consent of the other person if:
• The actor compels the other person to submit or participate by the use of/or threatening the use of physical force or violence against the other person, or the person believes that the actor has the present ability to execute the threat;
• The person has not consented and the actor knows the person is unconscious or physically unable to resist;
• The actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting;
• The other person has not consented and the actor knows the other person I unaware that the sexual assault is occurring; or
• The actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge.
Domestic Violence/Family Violence (Texas Family Code §71.004)
1. An act by a member or a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places a member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
2. Abuse, by a member of the family or household toward a child of the family or household.
Stalking (Texas Penal Code §42.072)
A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct, including following the other person. The actor knows or reasonably believes the other person will regard actions as threatening:
• Bodily injury or death for other person;
• Bodily injury or death for a member of the other persons family or household
• That an offense will be committed against the other persons property Would cause a reasonable person to fear:
• Bodily injury or death for him/her self
• Bodily injury or death for a member of the person’s family or household.
• That the offense will be committed against the person’s property.
Preventing Sexual Assault & Reporting Incidents
Sexual assault is an act of violence. Sexual assault should not happen in a learning environment, but it can, even with people you know and trust. Most sexual assaults are committed by acquaintances. This is sometimes referred to as acquaintance rape. For this reason, it is important for you to be assertive, direct, and clear in your communications. Be aware of your non-verbal and verbal communication. Always be on alert when you get in a car with someone you have just met (perhaps at a party or from online), no matter how nice the person seems. Also, it is a good practice to never leave your drink unattended if at a party or social gathering. The use of alcohol and drugs at social gatherings dramatically increases the risk of sexual assault for college students.
If you have been sexually assaulted on campus, report the crime to the Campus Police or the Director of Student Life. Students living on-campus should contact the Housing Coordinator if the assault occurs in the residence halls. Reporting does not mean you must take legal action. This is a choice you can make later. By reporting the crime, though, you may help to stop a rapist. Chances are that the person has raped before and will rape again, until apprehended. If you have been raped, preserve physical evidence that could be useful later on. Do not change clothes, bathe, or use the bathroom. Do seek medical care immediately, whether or not you report the crime. In addition to taking care of obvious injuries, you need medical care to protect you from unwanted sexually transmitted diseases/infections.
The law warns that knowing someone–even intimately–is never an excuse for forced sex. Clear communication should be used to reach an understanding with a friend or date. Do not assume an earlier understanding still holds; do not ever assume communication can be clear if either party is abusing alcohol or other drugs.
In social situations, both women and men must use good judgment because the stakes are high for both. The best precaution is to stay in control and remember that a wrong decision in the area of sexual activity may remain with you for a lifetime.
Campus Sexual Assault Victim Bill of Rights
Both the accuser and accused have rights in regard to sexual assault investigations. The accused students will have the same rights as any student involved in the disciplinary process. As necessary, victims of sexual assault may take advantage of any and all rights that the College has established for such victims. Victims of sexual assault will have the right to the following:
1. Reasonable changes to the academic and/or living situations;
2. Referrals to counseling, assistance in notifying law enforcement;
3. Same opportunity as accused to have others present at disciplinary hearing/meetings;
4. Unconditional notification of outcomes of disciplinary hearing sanctions and terms of sanction in place;
5. Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome; and
6. Name and identifying information kept confidential (FERPA right).