Texas A&M AgriLife (AgriLife) is committed to providing safe and non-discriminatory
learning, and work environments for all members of the AgriLife community. AgriLife
provides equal opportunity to all persons regardless of race, color, sex to include pregnancy
[1] and parental status, religion, national origin, age, disability, genetic information, veteran
status, sexual orientation, or gender identity, or any other classification protected by
federal, state, or local law. All complaints of discrimination, harassment (including sexual
harassment), complicity and related retaliation based on a protected class will be promptly,
thoroughly, and fairly investigated in accordance with System Regulation 08.01.01, AgriLife
08.01.01 Rules, and applicable federal and state laws. In accordance with Title IX and its
implementing regulations, AgriLife does not discriminate on the basis of sex in any
educational program or activity, or employment.

The response to allegations of discrimination, harassment, complicity, and related
retaliation will be 1) prompt, thorough, and equitable; 2) intended to prevent the
recurrence of any harassment; and 3) intended to remedy its discriminatory effects, as
appropriate. A substantiated allegation of such conduct may result in disciplinary action,
up to and including separation of employment. Visitors, contractors, and third parties who
commit discrimination, harassment, complicity, or related retaliation may have their
relationships with AgriLife terminated and/or their privileges of being on AgriLife premises
withdrawn.

The procedures for responding to allegations of discrimination, harassment, complicity, and
related retaliation against students, faculty, staff, and third parties are detailed in System
Regulation 08.01.01, AgriLife Rules, and Texas A&M University’s SAP. The sanctioning
guidance for substantiated allegations against employees and students can also be found in
the SAP. Questions should be directed to Jennifer Smith, Title IX Coordinator at:
civilrights@tamu.edu.

Reporting Responsibilities
Allegations of sexual assault, sexual harassment, sex-based misconduct, dating/domestic
violence, or stalking

All employees (except those identified below) who, in the course and scope of their
employment, witness or receive information regarding the occurrence of an incident that
the employee reasonably believes constitutes sexual harassment, sexual assault, sex-based
misconduct, dating/domestic violence, or stalking and is alleged to have been committed by                                                                                                                              or against a person who was an AgriLife employee at the time of the incident, shall promptly                                                                                                                      report all known information about the incident to the Title IX Coordinator. An
employee who experiences sexual harassment, sexual assault dating/domestic violence, or
stalking may report but is not required to do so. Licensed health care providers and
licensed counselors acting in the course and scope of employment when a disclosure is
received must report de-identified statistics but shall not report any other information. If,
in accordance with its applicable disciplinary processes, it is determined that the employee
knowingly failed to make a required report, or that the employee, with the intent to harm
or deceive, knowingly made a false report, the employee will be terminated. State law also
criminalizes the failure to report and may charge an individual with a Class A
Misdemeanor.

Allegations of discrimination, harassment, complicity, or related retaliation other
than allegations of sexual assault, sexual harassment, sex-based misconduct,
dating/domestic violence, or stalking

All employees (except licensed health care providers and licensed counselors) who, in the
course and scope of their employment, experience, witness, or receive information
regarding the occurrence of an incident that the employee reasonably believes constitutes
discrimination, harassment, complicity, or retaliation related to a protected class (other
than allegations of sexual harassment, sexual assault, sex-based misconduct,
dating/domestic violence or stalking) shall promptly report all known information about
the incident to the Title IX Coordinator or their supervisor. An employee’s failure to report
alleged or suspected discrimination may result in disciplinary action, including dismissal. If,
in accordance with its applicable disciplinary processes, it is determined that the employee
knowingly failed to make a required report, or that the employee, with the intent to harm
or deceive, knowingly made false report, the employee will be terminated. Licensed health
care providers and licensed counselors do not report any information received in the
course and scope of their employment related to discrimination, harassment, complicity, or
retaliation related to a protected class (other than de-identified statistics related to
allegations of sexual harassment, sexual assault, dating/domestic violence, or stalking).

• Non-affiliated members of the public are strongly encouraged, but not required, to
  report incidents to the Title IX Coordinator. Confidential Resources (who report deidentified
  statistics only as required by law) are available to employees through
  licensed counselors at Work/Life Solutions Program by GuidanceResources.
• Employees may speak with personnel by calling (866) 301-9623, may download App:
  GuidanceNow, or go to https://www.guidanceresources.com/ (Web ID: TAMUS).                                                                                                                        Employees at locations other than College Station may report confidentially through their
  counseling and healthcare providers. Contact information for providers at satellite
  locations may be found here: https://titleix.tamu.edu/get-help/

You may also submit a report online through the Title IX Website, which may be found at
https://titleix.tamu.edu/.

• For reporting incidents or to make inquiries regarding discrimination based on
  disability, contact Jennifer Smith (information above).
• To request disability accommodations, please contact Elizabeth Schwartz, Chief
  Human Resources Officer and ADA Coordinator, Texas A&M AgriLife /
  elizabeth.schwartz@ag.tamu.edu / ((979) 845-2423
• To request pregnancy accommodations as a staff or faculty member, you may
  contact your AgriLife Human Resources at (979) 845-2423.
• To make an anonymous report, TAMU’s online reporting form may be used: Tell
  Somebody. Anonymous reports usually limit TAMU CREI’s ability to respond to or
  resolve an allegation.

Reporting to Law Enforcement
Anyone who has experienced discrimination, harassment, complicity, or related retaliation
has the right to choose whether to report the behavior to law enforcement instead of or in
addition to reporting to the TAMU CREI. Jennifer Smith, Title IX Coordinator, can assist in
making a report to law enforcement authorities. A complainant may also choose to decline
to notify law enforcement.

A report to law enforcement, even to the University Police Department (UPD), is separate
from a report to the TAMU CREI. An individual pursues administrative disciplinary remedies
by reporting to the TAMU CREI and criminal remedies by reporting to law enforcement.
Disciplinary and criminal remedies may be pursued separately or at the same time. An
individual wishing to pursue disciplinary remedies and criminal remedies simultaneously
should make a report to both Jennifer Smith, Title IX Coordinator, and to the appropriate
law enforcement agency.

For emergencies, call 9-1-1. For non-emergencies, contact local law enforcement:

Reporting to Law Enforcement
Anyone who has experienced discrimination, harassment, complicity, or related retaliation
has the right to choose whether to report the behavior to law enforcement instead of or in
addition to reporting to the TAMU CREI. Jennifer Smith, Title IX Coordinator, can assist in
making a report to law enforcement authorities. A complainant may also choose to decline
to notify law enforcement.

A report to law enforcement, even to the University Police Department (UPD), is separate
from a report to the TAMU CREI. An individual pursues administrative disciplinary remedies
by reporting to the TAMU CREI and criminal remedies by reporting to law enforcement.
Disciplinary and criminal remedies may be pursued separately or at the same time. An
individual wishing to pursue disciplinary remedies and criminal remedies simultaneously
should make a report to both Jennifer Smith, Title IX Coordinator, and to the appropriate
law enforcement agency.

For emergencies, call 9-1-1. For non-emergencies, contact local law enforcement:
In College Station:

• University Police Department (979-845-2345)
• Bryan Police Department (979-209-5300)
• College Station Police Department (979-764-3600)
• Brazos County Sheriff’s Office (979-361-4900)

To report abuse or neglect of persons aged 65 or older, persons with disabilities, or
minors:
State law requires all persons having cause to believe that a child’s physical or mental
health or welfare has been adversely affected by abuse or neglect to immediately make a
report (even if the belief is premised upon incomplete or dated information) to any of the
following:

• any local or state law enforcement agency
• the Department of Family and Protective Services (DFPS); or
• the state agency that operates, licenses, certifies, or registers the facility in which
  the alleged abuse or neglect occurred; or the agency designated by the court to be
  responsible for the protection of children.

Further, all persons having cause to believe that an individual 65 years or older or a
disabled person 18 years of age or older is being abused, neglected, or exploited are
required to notify the DFPS at the Texas Abuse Hotline at 1-800-252-5400
or www.dfps.state.tx.us/Contact_Us/report_abuse.asp.

Reporting to Outside Agencies
Individuals may file a complaint at any time with any local, state, or federal civil rights
offices, including, but not limited to, the Equal Employment Opportunity Commission, the
Texas Workforce Commission’s Civil Rights Division, the U.S. Department of Education’s
Office of Civil Rights, and the U.S. Department of Justice.

Inquiries about the application of Title IX and its implementing regulations may be referred
to Jennifer Smith, Title IX Coordinator, or the U.S. Department of Education’s Office of Civil
Rights’ Assistant Secretary, or to both.

Amnesty and Immunities

A person acting in good faith who:

• reports or assists in the investigation of a report of an incident of sexual
  harassment, sexual assault, dating violence or stalking;
• testifies or otherwise participates in a judicial proceeding arising from a report of
  sexual harassment, sexual assault, dating/domestic violence or stalking; or,
•  participates in the TAMU CREI’s investigation or resolution processes related to an
  allegation of sexual harassment, sexual assault, dating violence or stalking

will not be subjected to any disciplinary action by AgriLife. Such amnesty shall not be given
for violations of The Texas A&M University System’s policies or regulations if the sanction
for the violation is suspension or expulsion from the institution.

TAMU CREI may, however, investigate to determine whether a report of an incident of
sexual harassment, sexual assault, dating/domestic violence, or stalking was made in good
faith. The amnesty will not apply to a person who reports the person’s own commission or
complicity in the commission of sexual harassment, sexual assault, dating/domestic
violence, or stalking.

Confidentiality
The confidentiality of a complaint of sexual misconduct and all documents,
correspondence, and information collected during an investigation will be maintained by
TAMU CREI on a need-to-know basis to the extent permitted by law.

Retaliation
Employees are prohibited from retaliating against a person for (1) making a good faith
report of a violation of Texas A&M System policies, AgriLife rules, student rules, and or/the
law; or (2) participating in any proceeding related to the investigation or resolution of such
report. Retaliation includes threatening, intimidating, harassing, coercing or any other
conduct that would discourage a reasonable person from engaging in activity protected
under this policy. Retaliation may be present even where there is a decision of
“unsubstantiated,” “insufficient information to substantiate,” “not responsible” or “not
guilty” on the allegations of discrimination, harassment, complicity, or related retaliation.
Retaliation does not include good faith actions lawfully pursued in response to a report of
discrimination, harassment, or related retaliation. Violation of an interim, remedial, or
protective measure may be considered retaliation.

Rights, Resources, and Options for Sexual Harassment
Sexual harassment is a form of sex discrimination. Unwelcome sexual advances, requests
for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature
constitute sexual harassment when 1) an employee conditions the provision of an aide,
benefit, or service of the member on an individual’s participation in the unwelcome sexual
conduct; or 2) the conduct would be determined by a reasonable person to be so severe,
persistent, and objectively offensive that it effectively denies a person equal access to an
AgriLife education program or activity; or (3) the conduct meets the definition of sexual
assault, dating violence, domestic violence, or stalking based on sex. Sex-based
misconduct, which is unwelcome conduct of a sexual nature that is severe, persistent, or
pervasive enough to create a work, educational, or campus living environment that a
reasonable person would consider intimidating, abusive, or offensive, is also prohibited.

A misconception regarding sexual assault is that most of the time the perpetrator is a
stranger. However, research indicates that approximately 2/3 of sexual assaults are
committed by someone known to the victim. Sexual assault is an act of violence; the
perpetrator is asserting power and control over another person. Tactics may include force,
threats, intimidation, or physical violence. Many victims struggle with identifying whether                                                                                                                              they have been sexually assaulted due to tactics such as manipulation, restraint, victim blaming,
and taking advantage of another’s level of incapacitation.

An employee who has been a victim of sexual harassment, sex-based misconduct, sexual
assault, stalking, domestic violence, or dating violence, whether it occurred on or off
AgriLife premises, has certain resources, rights, and options available, including the right to
a prompt, thorough, and equitable resolution. Even if the employee chooses not to report
the incident to TAMU CREI or to law enforcement, they are encouraged to take steps to
preserve evidence. This will ensure that evidence is available if a decision is made later to
proceed with a criminal or civil rights investigation. Employees are encouraged to go to a
hospital as soon as practicable after an incident and have a Sexual Assault Nurse Examiner
(SANE) complete an assessment for physical trauma, sexually transmitted infections, and
pregnancy. A SANE can also collect and preserve evidence of a sexual assault.

Resources, including advocacy and counseling services, are available through the Work/Life
Solutions Program by GuidanceResources EAP, 1-866-301-9623 (available 24 hours a day),
through TAMU CREI, or through a local agency. Employees may also have access to
supportive measures (e.g., “No Contact” Restrictions or changes in, parking or work
location,) that may be needed until the resolution of the complaint. Complainants and
Respondents are afforded equitable opportunities to supportive measures and access to
information regarding the investigation.

An employee who has experienced sexual harassment, sexual assault, sex-based
misconduct, stalking, or dating/domestic violence, whether it occurred on or off AgriLife
premises, has certain resources, rights, and options available. Please see: Rights,
Resources, and Options for Complainants. Employees who are located away from College
Station can find their Rights, Resources, and Options document under the “Get Help Now”
menu on the Title IX website: https://titleix.tamu.edu/.

An employee who is accused of sexual harassment, sexual assault, sex-based misconduct,
stalking, or dating/domestic violence, whether it occurred on or off AgriLife premises, has
certain resources, rights, and options available. Please see: Rights, Resources, and Options
for Respondents. Employees located away from College Station can find their Rights,
Resources, and Options document under the “Get Help Now” menu on the Title IX
website: https://titleix.tamu.edu/.

For more information, contact:

Jennifer Smith
TAMU Associate Vice President & Title IX Coordinator
Division of Civil Rights & Equity Investigations (CREI)
YMCA Building, Suite 108
365 Houston St. #108
College Station, TX 77843-1268
(979) 458-8407 civilrights@tamu.edu

[1] Title IX prohibits discrimination on the basis of sex, including pregnancy and related
conditions, in educational programs and activities. This includes harassment and
discrimination against a student based on pregnancy, childbirth, false pregnancy, termination
of pregnancy, or recovery from any of these conditions.