Notice of Victim Rights & Options

Austin Community College District (ACC) is committed to fostering a healthy and safe environment where courage, compassion, joy and yes are at the heart of our culture. The College supports a culture that does not tolerate sex-based discrimination, including sexual violence, and sexual harassment in any form. The College community has a collective obligation, to responsibly address all forms of sexual misconduct, and to provide resources and information to support timely reporting.
Any ACC student or employee who experiences, witnesses or is otherwise affected by any form of sexual misconduct will have equal access to support and counseling services, including immediate protective measures and resources.
Additionally, the College strongly encourages individuals to report incidents to the proper authority. The College recognizes, however, that the decision to report can be difficult. Individuals who are considering whether to report are strongly encouraged to seek the support of confidential campus and community resources, as provided in this guide.
Mental health professionals are available on-campus and virtually to assist students, and the Employee Assistance Program offers similar resources for employees. These support systems are available regardless of when or where the incident occurred. This guide is updated annually to ensure that the information remains current, and we emphasize that the confidential resources that are provided, by law, cannot share information without the individual’s consent, in most circumstances.

Throughout this document, a person who is harmed as a result of a form of sex-based discrimination or violence is referred to as a victim. ACC respects the decision of those who have experienced violence to identify as a victim or a survivor. We recognize that choosing to identify as a survivor is an important part of the healing process for some who have experienced sexual misconduct. When referring to a victim who is in the process of filing a complaint through the ACC policy, they are referred to as a “complainant.”
As someone who has disclosed a possible form of sex-based discrimination, ACC wants to inform you of its policy and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off-campus, as well as your rights, resources, and the College’s responsibilities.
You may choose to review Prohibition of Sexual Misconduct Administrative Rule, referred to as the “policy.” The following procedures are in place to assist those who report sexual assault, domestic violence, dating violence, and stalking: Title IX Grievance Procedures; and Sexual Misconduct Investigation Procedures.

Depending on your situation, including non-sex-based stalking, certain resources in this document may not be relevant to you (for example, information about medical facilities and the services they offer). The Clery Act requires that victims, including instances of stalking, receive written notification of their rights and options. Know that ACC cares for your safety and will address your concerns regardless of the type of stalking you experienced. Should you have any questions, assistance is available in determining which resources may be most helpful to you.
The College’s procedures include information about your right to file criminal charges, as well as the availability of medical, counseling and support services. We also offer additional remedies to prevent contact between a Complainant and Respondent, such as temporary or permanent changes to academic schedule, worksite changes, mutual no contact orders, and transportation, if reasonably available.
Although the College does not operate on campus or off-campus housing facilities, assistance with living arrangements can be provided by connecting you to available community resources. The Policy also addresses possible sanctions and interim and/or long-term protective measures that ACC may impose following a report through the final determination of the investigation process.
If you would like more information than is contained in this guide regarding any process or procedure, or if you’d like to make a report, ask questions about ACC’s policy or need to request an adjustment to your academic or working arrangements regardless of whether or not you chose to report the crime to law enforcement or campus police, contact the District Title IX Coordinator, Charlene Buckley, 6101 Highland Campus Dr., Building 3000, Suite 2270, Austin, TX 78752, charlene.buckley@austincc.edu or equalopportunity@austincc.edu, 512-223-7964.

To contact the Department of Education’s Office for Civil Rights:

U.S. Department of Education Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
T: 800-421-3481 | F: 202-453-6012
TDD: 800-877-8339 | E: OCR@ed.gov

Regardless of when the incident occurred, there are many resources available to help support victims of sexual misconduct. The information provided here is intended to guide individuals who have recently experienced incidents of sexual assault or interpersonal violence.
Our trained civil rights investigators are dedicated to providing a safe space for victims without judgment or pressure. We understand that everyone’s situation is unique and may not follow the steps outlined below, and that’s okay. Our primary goal is to offer support, understanding, and resources tailored to individual needs and comfort level. Investigators will respect the decisions and the pace at which individuals feel comfortable moving forward.

Specialized Care

SAFE Alliance – The 24/7 confidential SAFEline is available for victims of domestic violence, sexual assault, sex trafficking, and child abuse.
Advocate support, free forensic exams, emotional support, and more is available at SAFE’s Eloise House on a walk-in basis 8 a.m. – 4 p.m., Monday through Friday at 1515 Grove Blvd., Bldg. A, Austin TX 78741
BRAVE Alliance – Sexual Assault Nurse Examiners are available 24/7 to provide free, comprehensive care for victims of sexual assault. Contact 512-738-8817 for immediate assistance or to schedule an exam.

Recent Incidents

After an incident of sexual assault, dating violence, or domestic violence, the victim should consider seeking medical attention as soon as possible. In Texas, evidence may be collected even if you choose not to make a report to law enforcement. State law allows an individual to have a Sexual Assault Forensic Exam (SAFE) if the victim/survivor arrives at the facility within 120 hours (5 days) after the sexual assault and consents to the examination. An adult victim does not have to report to law enforcement to obtain a SAFE exam. The decision whether to move forward with a case remains with the victim and it is not a decision that needs to be made immediately.

A victim is not required to participate in the investigation or prosecution of an offense as a condition of receiving the forensic medical examination, or to pay for the forensic portion of the examination or for the evidence collection kit.

Victims may contact SAFE Alliance or BRAVE Alliance for 24/7 free sexual assault forensic exams and medical care from patient-focused, trauma-informed forensic nurses. Nurses can work with confidential advocates to provide holistic care and provide options. The ‘Medical Facilities for Sexual Assault Forensic Exams’ section of the Community Resources lists hospitals that offer SAFE exams and evidence collection.

The organizations listed within the ‘Victim Advocates’ section provide support for both victims and family members as they receive care. Oftentimes, advocates can guide individuals at any point of their process, including hospital accompaniment, safety planning, finding housing, or legal filing.

Evidence Preservation & Reporting

Individuals who are interested or are unsure about contacting law enforcement to file charges can take steps to preserve evidence in order to preserve their legal options in the future. Victims of sexual assault, domestic violence, dating violence, and stalking are encouraged to consider the following:

• Document all incidents: Keep a detailed log of any stalking behaviors, including dates, times, locations, and descriptions of the incidents.
• Keep records: Save all relevant communication, such as emails, texts, voicemail messages, and social media interactions. Take screenshots of any messages or posts and store them in a secure location.
• Preserve physical evidence: If you receive any tangible items related to the stalking behavior, such as letters or gifts, handle them as minimally as possible and store them in a safe place.
• Collect witness information: If someone else has observed or experienced the stalking behavior, gather their contact information and ask if they would be willing to provide a statement.
• Consider seeking support: Reach out to a victim advocate or counselor who can provide emotional support and guidance throughout the process. Review the ‘Resources for Victims’ section for a list of organizations that provide counseling services.

Specifically, for victims of sexual assault, it is recommended to refrain from bathing, douching, smoking, or changing clothing or clean the bed/linen/area where they were assaulted if the offense occurred within 120 hours so that evidence may be preserved as proof of criminal activity. If a victim has already done any of those things listed, it’s okay.

Although the College strongly encourages all members of its community to report these offenses to law enforcement, it is the victim’s choice whether or not to make a report and victims have the right to decline involvement with the police.

To report an incident involving sexual assault, domestic violence, dating violence, or stalking, contact the District Title IX Coordinator, Charlene Buckley at 512-223-7964. In an emergency, dial 9-1-1. Victims are encouraged to report to ACC District Police by phone 512-223-1231 or in person at any ACC campus. Information about ACC District Police may be found online at: www.austincc.edu/police. The District Title IX Coordinator will assist any victim with notifying police, if requested.

Orders of Protection & Other Interim/Protective Measures

Austin Community College complies with Texas law in recognizing orders of protection issued out of Texas and other states. Any person who obtains an order of protection should provide a copy to District Police at any ACC campus. A Complainant may meet with District Police to develop a Safety Action Plan to reduce risk of harm while on campus, or coming and going from campus. This plan may include, but is not limited to: police escorts, changing class sections, classroom location, allowing a student to complete assignments from home, etc. Protective orders may be available through calling the Travis County Attorney’s Office at 512-854-4163 or the county attorney’s office in your jurisdiction (see community resources chart below).

At the request of the victim, college offices, including Student Affairs, Human Resources and the District Police, will work cooperatively to ensure their health, physical safety, work and academic status are protected, pending the outcome of a formal college investigation of the complaint. For example, if requested and reasonably available, the College will offer the victim, or Complainant if a formal complaint is received, changes to academic and working situations in addition to ACC Mental Health Counseling, information regarding off-campus health services, and assistance in notifying appropriate law enforcement, as coordinated by the District Title IX Coordinator.

The College will maintain the privacy of any interim and protective measures provided to the extent practicable and will promptly address any violations of protective measures put in place. Additionally, personal identifiable information about the victim will be treated as private, and only shared with persons with a specific need to know, who are addressing, investigating, adjudicating the complaint, or delivering resources or support services to affected parties.

The College will exclude personally identifying information about the victim when completing publicly available recordkeeping. Victims may request that directory information on file be removed from public sources by request to the Admissions and Records Office at each campus or at student.records@austincc.edu.

At ACC’s Equal Opportunity Compliance Office, we understand that every situation is unique, and we are committed to providing personalized support to each individual we work with. Our staff recognizes the diverse needs of victims of sexual assault, domestic violence, dating violence, stalking, sexual harassment, and other forms of sexual misconduct.
To address these needs, we provide individualized connections to resources, including counseling, health and mental health services, victim advocacy, legal assistance, visa and immigration support, student financial aid, and other pertinent services. It’s important to note that the college may not offer resources in every category mentioned. However, we have compiled a comprehensive list of community and national resources that can provide additional support. Our goal is to ensure that everyone receives tailored assistance with compassion, care, and professionalism to help individuals navigate their specific circumstances.

View the Equal Opportunity Compliance Resource page for a list of college, community, state, and nationwide resources for victims of sexual assault, domestic violence, dating violence, and/or stalking.

Victims are never to blame for being assaulted or abused. Unfortunately, a person who is the victim of sexual or dating violence is more likely to be re-victimized. Below are some tips to help reduce your risk, to recognize warnings signs of abusive behavior and how to substantially mitigate the risk of potential attacks.

Red Flags

Noticing the Warning Signs of Abusive Behavior– Domestic and dating abuse often escalates from threats and verbal abuse to violence. While physical injury may be the most obvious danger, the emotional and psychological consequences of domestic and dating violence are also severe. Red flags for unhealthy relationships include:

1. Feeling afraid of your partner.
2. Constantly censoring your words to avoid arguments.
3. Experiencing low self-worth and helplessness in the relationship.
4. Feeling isolated from family or friends because of your relationship.
5. Hiding bruises or injuries from others.
6. Being prevented from working, studying, going home, or using technology, including your cell phone.
7. Being monitored by your partner at home, work or school.
8. Being pressured to do things you don’t want to do.

Risk Reduction

Help Reduce Your Risk and Avoid Potential Attacks

1. Speak up or take action if you experience or suspect abuse.
2. District Mental Health Counselors can help students at no cost. Schedule a session at www.austincc.edu/counseling.
3. Learn about “red flags” in relationships to help you avoid these issues in future relationships.
4. Consider reporting the situation to District Police and/or the Title IX Coordinator and ask for a No Contact directive to prevent future interactions on campus.
5. Consider getting a protective order for assurance outside of the college. ACC District Police Victim Advocates at 512-223-1231.
6. Learn about behaviors that constitute dating and domestic violence, recognize that it is not your fault, and discuss with friends and family how they can support you.
7. Trust your instincts—if something doesn’t feel right in a relationship, speak up or end it.

Be Aware

Mitigate the Risk of Sexual Assault– Under NO circumstances is sexual assault the fault of the victim. According to RAINN (Rape Abuse & Incest National Network), while only the perpetrator is responsible for sexual assault, we can all take steps to ensure each other’s safety. Here are some suggestions to reduce the risk:

1. Watch over your friends. Plan to arrive and leave together and step in if something seems off.
2. Have a backup plan. Have an alternative way to get home safely and keep your phone charged to contact friends or call a ride.
3. Be aware of what’s in your drink, including its alcohol content.
4. Trust your instincts. If something feels unsafe, uncomfortable or concerning, take action.
5. Don’t leave a drink unattended. Take it with you or discard it if you step away.
6. Don’t accept drinks from people you don’t know or trust.
7. Check in with yourself. If you think you have had too much to drink, ask a trusted friend to help get you water or get home safely.
8. Be aware of sudden changes in how your body feels. If you suspect that you or a friend was drugged, call 9-1-1 immediately.

Traveling

Safety Tips for Walking Around Campus– Whether you are walking around at an ACC campus or at home, these strategies can help keep you safe. Remember, ACCPD has a team of licensed Texas Peace Officers committed to campus safety and Victim Advocates are trained to support crime victims.

1. Keep your cell phone easily accessible and fully charged.
2. Ensure your vehicle doors are locked and valuables are hidden from view.
3. Be aware of open buildings where you can use a phone.
4. Take well-lit, public pathways rather than less populated shortcuts.
5. Avoid poorly lit areas and inform campus managers if lighting needs improvement.
6. Avoid wearing headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
7. Carry a noisemaker, like a whistle, on your keychain.
8. Carry a small flashlight on your keychain.
9. If you must walk on campus at night, try to walk with a friend.
10. If walking feels unsafe, call ACCPD at 512-223-1231 to arrange an escort.

Whether or not criminal charges are filed, a Complainant may file a complaint under Administrative Rule: Prohibition of Sexual Misconduct, alleging that a student or employee violated the College’s Policy. Reports of all sexual assault, domestic violence, dating violence, and stalking made to ACC District Police will be referred to the District Title IX Coordinator for review, regardless of whether the Complainant chooses to pursue criminal charges. 

The disciplinary process will include a prompt, fair, and impartial investigation and resolution process. The EOC’s investigators are trained annually on the issues related to sexual assault, domestic violence, dating violence, and stalking and taught how to conduct an investigation and adjudication process that protects the safety of the victim and promotes accountability. The Policy provides the following for both parties:

• Consultation– Each party may discuss their case with a trained investigator who will gather information regarding the situation.
• Advisor Support– Both the Complainant and the Respondent may choose to have a personal advisor accompany them during any stage of the process, including meetings and proceedings, if desired.
• Evidence Standard– The determination of whether prohibited conduct occurred will be based on the preponderance of evidence standard, meaning it is “more likely than not to have occurred.” This standard is used to evaluate the likelihood that the Respondent violated the College’s Prohibition of Sexual Misconduct Policy.
• Notification of Outcome– The Complainant and the Respondent will be informed of the investigation’s outcome in writing simultaneously, as well as any changes to results or disciplinary actions before they become final.
• Right to Appeal– Both parties have the right to appeal the investigation’s outcome within five (5) days of receiving the decision letter, provided that the appeal is based on one of the acceptable reasons outlined in the Policy. They will also be notified simultaneously in writing of the final outcome after the appeal is resolved.

To ensure a safe and supportive environment, individuals who experience sexual assault, domestic violence, dating violence, or stalking can follow the complaint and investigation procedures outlined in the College’s Policy. These procedures are designed to address and remedy any hostile environment that may arise from such incidents.

The College handles allegations through different procedures, depending on the nature of the violation:

• Title IX violations: Addressed through the Title IX Grievance Procedures.
• Other sexual misconduct violations: Addressed through the Sexual Misconduct Investigation Procedures.

In cases where investigations conclude that it is more likely than not that a violation of the Policy occurred, disciplinary procedures will be initiated against the Respondent. Sanctions may be imposed on individuals found to have violated the Policy.

To protect individuals who report incidents of domestic violence, dating violence, sexual assault, and/or stalking, the College may implement various measures, including but not limited to: mutual no-contact orders, adjustments to class or work schedules, and assistance with obtaining protective orders.

It is important to note that sexual assault, domestic violence, dating violence, and stalking are violations of this Policy for both students and employees. Violations may result in disciplinary action, up to and including termination of employment for employees, or expulsion for students. Furthermore, these acts are criminal offenses that may lead to criminal and civil penalties under federal and state law.

Anyone who would like to press criminal charges for an alleged violation of any of the below criminal offenses, or would like to seek an order of protection, the definitions contained in the Texas Penal Code and Texas Family Code would apply, not the Clery Act definitions on which College Policy is based. The Clery Act definitions can be found in the Annual Security Report, or online at www.austincc.edu/asr.

Dating Violence

“An act, other than a defensive measure to protect oneself, by an actor that:

1. is committed against a victim or applicant for a protective order:
   • with whom the actor has or has had a dating relationship; or
   • because of the victim’s or applicant’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
2. is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.

‘Dating relationship’ means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

1. the length of the relationship;
2. the nature of the relationship; and
3. the frequency and type of interaction between the persons involved in the relationship.

A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ‘dating relationship.’” Texas Family Code Section 71.0021.

Domestic (Family) Violence

“An act by a member of 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 the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself, or abuse by a member of a family or household toward a child of the family or household, or dating violence.” Texas Family Code Section 71.004.

Stalking

“A person who, 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 that:

1. The person knows or reasonably should know the other person will regard as threatening
   1. bodily injury or death for the other person
   2. bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship; or
   3. that an offense will be committed against the other person’s property, and
2. causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person’s property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
3. Would cause a reasonable person to:
   1. fear bodily injury or death for himself or herself
   2. fear bodily injury or death for a member of the person’s family or household or for an individual with whom the person has a dating relationship;
   3. fear that an offense will be committed against the person’s property; or
   4. feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

A fact finder may find that different types of conduct described above, if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.” Texas Penal Code Section 42.072.

Sexual Assault

“A person commits an offense if:

1. causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
2. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
3. causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
4. regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
   1. causes the penetration of the anus or sexual organ of a child by any means;
   2. causes the penetration of the mouth of a child by the sexual organ of the actor;
   3. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
   4. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
   5. causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

A sexual assault is without the consent of the other person if:

1. the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;
2. the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat;
3. the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
4. 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 it;
5. the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
6. 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;
7. the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
8. the actor is a public servant who coerces the other person to submit or participate;
9. the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;
10. the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser;
11. the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; or
12. the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor.

‘Child’ means a person younger than 17 years of age. ‘Spouse’ means a person who is legally married to another.” Texas Penal Code Section 22.011.

Consent

The state of Texas does not have a standalone definition of consent, in relation to sexual activity. However, sexual assault is considered without consent of the other person if the conditions outlined in the second paragraph of the sexual assault definition (Sec. 22.011 (b)) as seen above are met.