Anti-Discrimination and Harassment Policy

Document Number:

PRES-0003

Policy Owner:

Human Resources

Revision #:

v4.0

Status:

Approved

General Description

Policy Summary:

Trinity University (“Trinity” or “University”) is committed to providing a work and educational environment free of discrimination and harassment. Trinity prohibits any form of discrimination and harassment on the basis of sex, race, color, age, religion, national or ethnic origin (including shared ancestry)[1], sex stereotypes, sex characteristics, sexual orientation, gender identity or expression, pregnancy or related conditions, marital or family status, medical condition, genetic information, veteran status, citizenship status, or disability in any decision regarding admissions, employment, or participation in a University program or activity in accordance with the letter and spirit of federal, state, and local non-discrimination and equal opportunity laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age and Discrimination in Employment Act, the Americans with Disabilities Act and ADA Amendments Act, the Rehabilitation Act of 1973, the Equal Pay Act, Texas Senate Bill 212, Texas House Bill 1735, and Texas Education Code Chapter 51.

The University is also committed to protecting, maintaining and encouraging both freedom of expression and academic freedom in teaching, service, and research.

The University complies with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act, as amended by the Violence Against Women Act (VAWA). The University prohibits Retaliation against any individual who exercises their rights under this policy, including reporting a violation of this policy or participating in any investigation under this policy. Similarly, the University prohibits retaliation for reporting potential misconduct under any University policy or participating in any investigation into reports of potential misconduct. Non-Retaliation Policy

[1]Title VI of the Civil Rights Act of 1964 protects students of any religion from discrimination, including harassment, based on a student’s actual or perceived shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity. For example, the University can investigate complaints that students were subjected to ethnic or ancestral slurs; harassed for how they look, dress, or speak in ways linked to ethnicity or ancestry (e.g. skin color, religious attire, language spoken); or stereotyped based on perceived shared ancestral or ethnic characteristics. Hindu, Jewish, Muslim, and Sikh students, faculty, and staff are examples of individuals who may be discriminated against based on shared ancestry or ethnic characteristics.

Scope:

Trinity has adopted this policy and the grievance procedures herein to provide for the prompt and equitable resolution of complaints of prohibited discrimination and harassment made by a Complainant, as defined below, including students, employees, or other individuals who are participating or attempting to participate in Trinity’s education programs or activity.
The University will promptly and equitably respond to all reports of discrimination and harassment on the basis of a protected class in order to eliminate the prohibited conduct, prevent its recurrence, and redress its effects on any individual or the community.

This policy and the grievance procedures contained herein do not apply to complaints of sex-based discrimination or harassment, including Sexual Harassment and Sexual Misconduct. Any person may experience and/or report Sex Discrimination, Sexual Harassment, Sexual Misconduct, or Retaliation, irrespective of the identity of the Complainant or Respondent, and is encouraged to report such incidents to the University. Reports may be made at any time, including during non-business hours, in person, by mail to the office address listed for the Title IX Coordinator or Deputy Title IX Coordinator, by telephone, by email, or any other means that result in the Title IX Coordinator receiving a person’s written or verbal report. However, in an emergency, please contact Trinity University Police Department (TUPD) at 210-999-7000.

The policy and procedures applicable to complaints of Sex Discrimination, Sexual Harassment, and Sexual Misconduct are available at: Trinity University Sex Discrimination, Sexual Harassment and Sexual Misconduct Policy and Procedures . Please contact the University’s Title IX Coordinators for questions about the University’s Sex Discrimination, Sexual Harassment and Sexual Misconduct Policy and Procedures:

Dr. Michaela Postell
Director of Title IX Compliance and Title IX Coordinator
Northrup Hall 210J
210-999-7835
eos@trinity.edu

Benjamin Williams
Associate Dean of Students and Deputy Title IX Coordinator for Students
Coates Student Center
210-999-7359
bwillia7@trinity.edu

Policy Content

For additional information or inquiries about this policy, contact the University’s Director of Title IX Compliance & Title IX Coordinator.

The contact information for the University’s Director of Title IX Compliance & Title IX Coordinator is:

Dr. Michaela Postell
Director of Title IX Compliance and Title IX Coordinator
Northrup Hall 210J
210-999-7835
eos@trinity.edu

Any person may experience and/or report discrimination, harassment, or retaliation under this policy, irrespective of the identity of the Complainant or Respondent, and everyone is encouraged to report such incidents to the University. Reports may be made at any time, including during non-business hours, in person, by mail to the office address listed for the Director of Title IX Compliance and Title IX Coordinator, by telephone, by email, or any other means that result in the Director of Title IX Compliance and Title IX Coordinator receiving a person’s written or verbal report. However, in an emergency, please contact Trinity University Police Department TUPD at 210-999-7000.

There is no time limit for reporting allegations of discrimination, harassment or retaliation under this policy, however, the University strongly encourages the prompt reporting of such conduct to allow the University to respond promptly and effectively.

Please note, anyone may contact the Director of Title IX Compliance and Title IX Coordinator to receive information about support and resources even if they do not intend to file a Formal Complaint under this policy.

When notified of discrimination, harassment, or retaliation, the Director of Title IX Compliance and Title IX Coordinator or designee will reach out to the potentially impacted individual to provide information about University resources and processes. If a Complainant files a Formal Complaint, the Director of Title IX Compliance and Title IX Coordinator will treat Complainants and Respondents equitably and offer and coordinate Supportive Measures for both.

This policy applies to incidents that occurred after August 1, 2025. Incidents that occurred prior to August 1, 2025, will be addressed under the policy in effect at the time of the incident. For information about the applicable Policy to incidents before August 1, 2025, contact Director of Title IX Compliance and Title IX Coordinator.

Complaints of discrimination and harassment on the basis of some protected classes may also be made to the United States Department of Education, Office for Civil Rights. Contact information for the Office for Civil Rights’ regional office is as follows:

Office of Civil Rights
U.S. Department of Education 1999 Bryan Street, Suite 1620
Dallas, Texas 75201
Phone: (214) 661-9600
Fax: (214) 661-9587
Email: OCR.Dallas@ed.gov

Complaints to the Office for Civil Rights must be filed within one hundred eighty (180) days of the last act that the Complainant believes was discriminatory. There is no time limit for making a report to the University.

Employees may also contact the following to complain of discrimination or harassment:

U.S. Equal Employment Opportunity Commission
San Antonio District Office
5410 Fredericksburg Rd.
San Antonio, Texas 78229 Phone: (800) 669-4000
Fax: (210) 281-7690

Texas Workforce Commission
Civil Rights Division
101 E. 15th Street Guadalupe CRD
Austin, Texas 78778-0001
Phone: (512) 452-4778
Fax: (512) 463-2643 or (512) 463-2755
Email: EEOIntake@twc.state.tx.us

Any person may experience discrimination, harassment, or retaliation anywhere. Therefore, any individual may report any incident to the Director of Title IX Compliance and Title IX Coordinator. However, Trinity University’s response to such incidents is dependent upon the location of the alleged incident and other factors, as explained below.

This policy applies to all discrimination, harassment, and retaliation that occurs within University’s education programs and activities. For purposes of this policy, a University education program or activity means: Locations, events, or circumstances over which the University exercises substantial control over both: 1) the Respondent; and 2) the context in which the alleged Prohibited Conduct occurs.

In some instances, the University may investigate discrimination, harassment, or retaliation that occurs outside of a University education program or activity. The decision to do so is within the University’s sole discretion.

If the reported Respondent is not a member of the University community or is no longer associated with the University at the time of the report or grievance process is initiated, the University may be unable to conduct an investigation or take disciplinary action. The appropriate grievance process regarding a report will depend upon the form of conduct alleged and status of the Respondent at the University.

Reported incidents that do not fall under this policy may be addressed under other institutional policies, such as the Student Handbook or the Faculty Handbook.

Trinity University is committed to protecting the privacy of all individuals involved in a report of discrimination, harassment, or retaliation. In any report under this policy, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a careful assessment of the conduct alleged and any necessary steps to eliminate the alleged conduct, prevent its recurrence, and address its effects. Privacy, confidentiality, and privilege have distinct meanings under this policy.

Generally means that information related to a report of discrimination, harassment, and retaliation will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the evaluation, investigation, or resolution of the report or to deliver resources or Supportive Measures; a law enforcement officer as necessary to conduct a criminal investigation of the report; a health care provider in an emergency situation, as determined by the University; the other Party involved in the alleged incident(s), and/or potential witnesses. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of discrimination, harassment, and retaliation, including Support Persons and witnesses, will be informed that privacy helps enhance the integrity of the investigation and protects the privacy interests of the Parties and will be asked to keep any information learned in an investigation meeting or report confidential, to the extent consistent with applicable law and University policies.

The University believes it is critical to provide community members who may be experiencing discrimination, harassment, and retaliation access to trained and caring personnel who can provide confidential support, as well as information about available institutional resources, to empower those individuals to make informed decisions about their rights and options. A list of these Confidential Employees and Campus Resources can be found on the University’s Equal Opportunity Services and Title IX Office Website and in the Confidential Resources section of this policy.

For reports made to employees designated as Confidential Employees or Campus Resources, the University will respect the reporting individual’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations.

Confidential resources are required to maintain near complete confidentiality; talking to a confidential resource (e.g., mental health counselor) is sometimes called a privileged communication. This means that confidential resources generally will not share other specific information with the University without the express permission of the disclosing party. Confidential resources can provide information about the University and off-campus resources, support services and other options.

As noted above, because of the confidential nature of these employees’ roles, disclosing information to or seeking advice from a Confidential Campus Resource does not constitute a report or Formal Complaint to the University and will not result in a response or intervention by the University. A person consulting with a Confidential Campus Resource may later decide to make a report or Formal Complaint to the University and/or law enforcement.

Community members wishing to seek completely confidential assistance may also speak with off-campus counselors, health service providers or rape crisis resources, who will maintain confidentiality.

Communication with certain individuals, such as counselors at the Counseling Center, may be privileged by operation of law and reports made to these individuals will not be shared with the University or law enforcement except in very limited situations, such as when failure to disclose the information would result in imminent danger to the individual or to others or as otherwise required by law.

Privileged communications cannot legally be disclosed to another person without the consent of the individual who originally provided the information, except under very limited circumstances such as allegations involving the physical or sexual abuse of a child or vulnerable adult or an imminent threat to the life of any person.

Trinity University prohibits a broad spectrum of behavior, including discrimination, harassment, and retaliation. A single reported incident may come within the definition of more than one form of conduct prohibited by this policy. All such conduct can be reported to the Director of Title IX Compliance and Title IX Coordinator.

The following conduct is specifically prohibited under this Policy.

Discrimination[2] means treating someone differently on the basis of sex, race, color, age, religion, national or ethnic origin (including shared ancestry), sex stereotypes, sex characteristics, sexual orientation, gender identity or expression, pregnancy or related conditions, marital or family status, medical condition, genetic information, veteran status, citizenship status, or disability in any decision regarding admissions, employment, or participation in a University education program or activity.
In determining whether discrimination occurred, Trinity considers whether there was an adverse impact on the individual’s work or education environment and whether individuals outside the protected class received more favorable treatment. If there was an adverse impact on the individual’s work or education environment, Trinity will consider whether there is a legitimate, non-discriminatory reason for the action.

Examples of discrimination can include, but are not limited to:

Refusing to hire or promote someone because of their membership in a protected class;
Denying someone a raise or employment benefit because of their membership in a protected class;
Reducing someone’s job responsibilities because of their membership in a protected class;
Denying someone access to a Trinity education program based on their membership in a protected class; or
Denying someone access to a Trinity facility based on their membership in a protected class.

^{[2]All allegations of sex-based discrimination, including those involving sex stereotypes, sex characteristics, sexual orientation, gender identity, or expression, will be addressed under the Policy Prohibiting Sexual Harassment and Sexual Misconduct (Policy Number: PRES-0004)}

Prohibited harassment is unwelcome conduct[3] on the basis of an actual or perceived protected class described above that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Trinity’s education program or activity or has the purpose or effect of creating an academic or working environment that a reasonable person would consider to be intimidating, hostile, or offensive. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

The degree to which the conduct affected the complainant’s ability to access Trinity’s education program or activity;
The type, frequency, and duration of the conduct;
The parties’ ages, roles within Trinity’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
The location of the conduct and the context in which the conduct occurred; and
Other harassment on the basis of that particular protected class in Trinity’s education program or activity.

Examples of harassment can include offensive jokes, slurs, name calling, intimidation, ridicule or mockery, or displaying or circulating offensive objects and pictures that are based on a protected class, including, but not limited to:

Verbal abuse or use of racist, anti-Semitic, or anti-Arab slurs or hostile behavior, which could include insulting, teasing, mocking, degrading, or ridiculing another person or group regardless of whether the person is actually a member of the group;
Defacing an individual's property with hateful symbols, such as a swastika or noose;
Inappropriate physical contact, comments, questions, advances, jokes, epithets, or demands based on one or more actual or perceived protected characteristics;
Physical assault, intimidation, or stalking on the basis of one or more actual or perceived protected characteristics; or
Displays or electronic transmission of derogatory, demeaning, or hostile materials related to one or more actual or perceived protected characteristics.

Generally, one isolated incident will not rise to the level of harassment.

^{[3]The conduct can involve verbal, physical, written, or visual behaviors or conduct using technology.}

Trinity University prohibits retaliation in its education programs and activities. This means that neither the University nor another person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy, or because the individual has made a report or complaint, assisted, or participated or refused to participate in any manner in an investigation or proceeding under this policy. Non-Retaliation Policy

Charging an individual with a Student Handbook or other University policy violation for making a materially false statement in bad faith in the course of the grievance process does not constitute retaliation. However, a determination regarding responsibility alone is not sufficient to conclude that an individual made a materially false statement in bad faith. A Complainant’s allegations may not have been false even where the ultimate determination is that the Respondent is not responsible and/or that the Complainant may not have acted subjectively in bad faith (and conversely, that a Respondent may not have made false, or subjectively bad faith, denials even where the Respondent is found responsible).

Exercising rights protected under the First Amendment generally does not constitute Retaliation.

The Parties have the right to discuss the allegations under investigation, but this right does not preclude the University from warning the Parties not to discuss or disseminate the allegations in a manner that constitutes retaliation or unlawful tortious conduct. It is unacceptable for any person to leak or disseminate information to retaliate against another person.

Other conduct that does not constitute Sex Discrimination, Sexual Harassment, or Sexual Misconduct as defined under this Policy may be prohibited by the University and therefore addressed under other institutional policies.

The Director of Title IX Compliance and Title IX Coordinator or designee has discretion to evaluate reports and determine the applicable Policy and procedures, if any, that govern the appropriate response to a report

Except for the employees designated as “Confidential” below, all non-student Trinity University employees and Residential Life student staff are designated as “Responsible Employees.” Responsible Employees are required to report discrimination or harassment on the basis of a protected class to the Director of Title IX Compliance and Title IX Coordinator, when, in the course and scope of their employment, they witness or receive information regarding the occurrence of an incident that the employee reasonably believes constitutes discrimination or harassment on the basis of a protected class and is alleged to have been committed by or against a person who was a student enrolled at or an employee of the University at the time of the incident.

Responsible Employees must promptly submit reports of all information concerning the incident that is known to them to the Director of Title IX Compliance and Title IX Coordinator or designee via phone, email, in person, or through the Online Reporting Form (preferred).

Therefore, talking with any of these individuals constitutes a report to the University and will therefore be shared with the Director of Title IX Compliance and Title IX Coordinator.

Responsible Employees reporting responsibility applies regardless of where the incident occurred (on or off campus) and regardless of whether the individual(s) are still affiliated with Trinity. Responsible Employees are not required to make a report if the Responsible Employee is the victim of the alleged conduct.

Employees are encouraged, but not required, to report information received when they are not acting in the course and scope of employment or if the incident took place at a time when none of the individuals involved were affiliated with the University. Reporting is important so that the Director of Title IX Compliance and Title IX Coordinator can provide information related to rights and resources that may be beneficial to the person who has reportedly experienced misconduct or take action to otherwise protect the University community.

All Trinity University Employees are required to cooperate with an investigation, disciplinary process, or a judicial proceeding relating to an allegation perpetrated by an incident prohibited under this policy.

Individuals who experience harassment on the basis of a protected class may consider pursuing criminal action for incidents that may also be crimes under applicable criminal statutes. Reporting to law enforcement does not require prosecution of the offense and the reporting party’s wishes will usually be taken into account by law enforcement. The police report and any supporting evidence may be turned over to the appropriate district attorney’s office, which decides whether there is sufficient evidence to prosecute. Information about the law enforcement process of reporting, the investigation, arrests, filing of charges, hearings, the trial and sentencing will be explained at the time of the report.

University employees will assist the affected individual in contacting local law enforcement, if explicitly requested by that individual. However, reporting an incident of harassment under this policy does not in any way equate to reporting the incident to local law enforcement. An individual may decide to report an incident exclusively to the University, exclusively to local law enforcement, or to both the University and local law enforcement.

Reports of conduct that occurred on campus should be made to Trinity University Police Department:

Trinity University Police Department (TUPD)
Emergency: (210) 999-7000
Non-emergency: (210) 999-7070

In case of an off-campus emergency, call 911.

If the conduct occurred off campus, reports should be made to the law enforcement agency with jurisdiction of the location. TUPD and the Director of Title IX Compliance and Title IX Coordinator can assist individuals in identifying the appropriate jurisdiction and contact information for making a criminal report off campus.

Should an individual report an incident of harassment to both the University and local law enforcement, the University will comply with law enforcement requests for cooperation. Such cooperation may require the University to temporarily suspend its own investigation into the alleged incident while local law enforcement gathers evidence. During this time, the University will continue to offer Supportive Measures to the Parties. As soon as local law enforcement or the University determines that a delay is no longer necessary, the University will promptly resume its internal investigation.

University Policy, definitions, and standard of proof differ from state criminal law. Neither law enforcement’s determination whether to prosecute a Respondent nor the outcome of any criminal prosecution will influence a finding of whether harassment has occurred under this policy. Proceedings under this policy may be carried out prior to, simultaneously with or following civil or criminal proceedings off campus.

Trinity University permits anonymous parties to report alleged incidents of discrimination, harassment, and retaliation via the University's Online Reporting Form or by contacting the Campus Conduct hotline at (866) 943-5787 or through the Campus Conduct Online Reporting Form.

Responsible Employees are unable to anonymously report alleged incidents to the Director of Title IX Compliance and Title IX Coordinator because they are required to disclose all information concerning the incident that is known to them to the Director of Title IX Compliance and Title IX Coordinator.

The University’s ability to respond to anonymous reports may be limited. If the anonymous report contains the identity of the Complainant, upon receipt of the report, the Director of Title IX Compliance and Title IX Coordinator will contact the Complainant to offer Supportive Measures and explain the process for making a Complaint. However, if the anonymous report does not contain the identity of the Complainant, the University will be unable to contact the Complainant to offer Supportive Measures. While the Director of Title IX Compliance and Title IX Coordinator will keep private the Complainant’s identity (unless disclosing the Complainant’s identity is necessary to provide Supportive Measures for the Complainant, such as issuing no-contact orders), the Director of Title IX Compliance and Title IX Coordinator must know the identity of the Complainant to offer such Supportive Measures.

Anonymous reports will be included in the University’s required disclosures.

If you wish to report a possible violation of this policy but would like your information to remain confidential (and therefore not reported to the Director of Title IX Compliance and Title IX Coordinator), you may choose to report to a Confidential Employee or Confidential Campus Resource. Individuals designated as confidential or who receive information under circumstances confidential or privileged by law will not share information that violates an expectation of privacy without written consent, unless otherwise required by law to do so.

For students only: The following employees are designated to receive confidential reports from students, as long as the information is received by the employee in the course and scope of the employee’s job duties:

All medical staff in Health Services
All mental health counselors in Counseling Services
All ministers in the University Chaplain’s Office
All full-time Athletic Trainers

Additionally, any information conveyed by faculty, staff, students, or other individuals in a circumstance where the communication is confidential or privileged by law (e.g., ministerial, attorney-client privileged, HIPAA protected, etc.) will be confidential.

Individuals who are confidential resources and who receive information on a confidential basis are only required to share information with the Director of Title IX Compliance and Title IX Coordinator about the type of incident reported.

Off-campus clergy, health and mental health professionals, victim advocates, and rape-crisis counselors can also provide confidential assistance. Off-campus resources can be found at this link.

Anyone, including a Complainant or witness, who reports an incident of discrimination, harassment, or retaliation in good faith may not be disciplined by the University for any related Student Handbook violation(s) occurring at or near the time of the alleged incident, such as underage drinking, regardless of the location at which the incident occurred or the outcome of the applicable grievance process regarding the incident, if any.

However, if an involved party is found to have violated the Student Handbook, Human Resources policies, or Faculty Handbook, the University may offer and encourage participation in support services, counseling, or educational programs designed to benefit both the individual and the broader community.

The University may investigate to determine whether a reported incident of discrimination, harassment, or retaliation was made in good faith. This provision does not apply to a student or employee who reports their own commission or assistance in the commission of discrimination or harassment.

Trinity University prohibits parties, including Complainants, Respondents, and witnesses, from knowingly making false statements or knowingly submitting false information during the grievance process.

The University reserves the right to charge an individual with a Student Handbook or other internal policy violation for making a materially false statement in bad faith during the course of the grievance process. Such charges do not constitute retaliation on behalf of the University against the individual as the individual has violated the University’s own Policy.

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant and Respondent.

Supportive measures are designed to: 1) Restore or preserve equal access to the University’s education program or activity without unreasonably burdening either Party; 2) Protect the safety of all parties or the University’s educational environment; or 3) Deter discrimination or harassment. Supportive Measures may also be implemented to protect Parties from retaliation.

Available Supportive Measures may include, but are not limited to, access to counseling services; extensions of deadlines and other academic adjustments, including the option towithdraw from a course in which both Parties are enrolled without academic penalty; modifications to work or class schedules; campus escort services; mutual restrictions on contract between the Parties; changes in work or housing locations; leaves of absence; increased security or monitoring in certain areas of campus; and training or educational programs related to discrimination or harassment. The specific measure implemented will depend on what the University determined to be reasonably available and appropriate under the circumstances.

The Director of Title IX Compliance and Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures. Although Supportive Measures may require collaboration with various departments on campus, the Director of Title IX Compliance and Title IX Coordinator will serve as the point of contact for Complainants and Respondents.

Upon receiving a report of an alleged incident of discrimination or harassment under this policy, the Director of Title IX Compliance and Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures and explain the option for filing a Formal Complaint as well as the applicable grievance process.

Supportive Measures are available to the Complainant both before and after the filing of a Formal Complaint, even in cases where no Formal Complaint has been filed. Meaning, an individual may receive Supportive Measures even if they choose not to file a Formal Complaint. Additionally, the University may offer Supportive Measures to Complainants in situations where the reported conduct does not meet the definition of discrimination or harassment or does not fall within the jurisdictional scope of the Policy. These measures are intended to ensure continued access to University programs and activities and to support the safety and well-being of all individuals involved.

The University may, as appropriate, modify or terminate Supportive Measures upon the conclusion of the grievance process or an informal resolution, as outlined in this policy. Alternatively, the University may determine that certain Supportive Measures should continue beyond the resolution of the matter to ensure ongoing safety, access, or well-being or the individuals involved.

The University will also provide Supportive Measures to Respondents in instances of Formal Complaints. The University will not take disciplinary action against Respondents until the formal grievance process as outlined in this policy is completed.

The University will keep private any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such privacy would not impair the ability of the University to provide the Supportive Measures. For example, where a no-contact order is appropriate, the Respondent would need to know the identity of the Complainant in order to comply with the no-contact order, or campus police may be informed about the no-contact order in order to help enforce its terms.

In order for the University to provide Supportive Measures to the Complainant or Respondent, the University must know the identity of that individual. Therefore, it is not possible for the Complainant to remain anonymous and receive Supportive Measures because at least one school official (such as the Director of Title IX Compliance and Title IX Coordinator]) must know the Complainant’s identity in order to offer and implement Supportive Measures.

To the extent practicable, the University will provide equal access for participants under this Policy who have a disability. Individuals who have a disability may request that the University consult with appropriate individuals about any needed accommodations. Accommodations and protective measures will be kept confidential to the extent the University is able to do so while providing the accommodation. The Director of Title IX Compliance and Title IX Coordinator or designee will also provide information about on-campus and off-campus support and resources to the individuals involved.

Trinity may remove a Respondent from its education program or activity on an emergency basis, provided that the University: 1) Undertakes an individualized safety and risk analysis; 2) Determines that an imminent threat to the physical health or safety of any student or other individual arising from the allegations of discrimination or harassment justifies removal; and 3) Provides the Respondent with post-removal notice and an opportunity to challenge the decision immediately following the removal.

The University may place a non-student employee Respondent on administrative leave from employment responsibilities during the pendency of the applicable grievance procedures.

To initiate the applicable Grievance Procedures under this Policy, a Complainant must file a Formal Complaint.

A Formal Complaint alleges discrimination, harassment, or retaliation against a Respondent and requests that the University investigate the documented allegations. Therefore, submitting a Formal Complaint indicates an intentional decision on behalf of the Complainant to initiate the applicable grievance process.

The Formal Complaint may be a document or electronic submission (such as email or online form) and must contain the Complainant’s physical or digital signature or otherwise indicate that the Complainant is the person filing the complaint.

The Complainant or Director of Title IX Compliance and Title IX Coordinator must file the Formal Complaint.

While they can make reports, third parties cannot file Formal Complaints. Additionally, fundamental fairness principles require that a Respondent be informed of the details of the allegations made against them, to the extent that the details are known, to provide an adequate opportunity for the Respondent to respond. Therefore, a Complainant cannot remain anonymous and file a Formal Complaint. However, the Director of Title IX Compliance and Title IX Coordinator will keep private the identities of the Complainant and Respondent (and witnesses) from anyone not involved in the grievance process, except as permitted by FERPA, required by law, or as necessary to conduct the grievance process.

If a Complainant does not know the Respondent’s identity and files a Formal Complaint, the University may still be required to investigate the Formal Complaint because an investigation may reveal the Respondent’s identity. If the Respondent’s identity becomes known, the University will send both parties the written Notice of Investigation, follow the applicable grievance process under this Policy, and may impose Disciplinary Sanctions against the Respondent at the conclusion of the grievance process. However, if a Respondent’s identity remains unknown, the University will be unable to comply with the required grievance process outlined in this Policy.

Complainants may submit a Formal Complaint in person, by mail, or by email to the Director of Title IX Compliance and Title IX Coordinator, whose contact information is listed above. of this Policy. Formal Complaints cannot be filed by telephone.

There is no time limit on a Complainant’s decision to file a Formal Complaint, so the decision to sign and file a Formal Complaint does not need to occur in the immediate aftermath of an alleged incident or reporting an incident.

Under certain circumstances, the Director of Title IX Compliance and Title IX Coordinator may determine that an investigation is necessary, even when the identity of the Complainant is unknown or the Complainant does not want an investigation. In this case, the Director of Title IX Compliance and Title IX Coordinator may choose to sign a Formal Complaint and initiate the grievance process. When this occurs, the Director of Title IX Compliance and Title IX Coordinator is not a Complainant or otherwise considered a Party included in the grievance process. The alleged victim will remain the Complainant and be treated as a Party in the grievance process. However, the Complainant is not required to participate in the grievance process. Respondents are also not required to participate in the grievance process.

If initiating a Formal Complaint as outlined in this section, the Director of Title IX Compliance and Title IX Coordinator will notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing Supportive Measures.

If the University does not file a Formal Complaint to investigate the alleged incident(s), the University reserves the right to take any steps the University determines necessary to protect the health and safety of the University’s community in relation to the alleged incident(s).

The University will investigate the behavior alleged in a Formal Complaint. However, an investigation of the conduct alleged in the Formal Complaint may uncover new information about the incident, and the University may dismiss the Formal Complaint.

The University reserves the right to dismiss a Formal Complaint or allegations therein, if at any time during the investigation or hearing:

A Complainant notifies Director of Title IX Compliance and Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein; or
An employee Respondent is no longer employed by the University; or
Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

Such dismissal does not indicate that a University Policy violation did not occur. Therefore, the University may choose to address such incidents under other applicable institutional policies. In that instance, the Parties will receive notice in accordance with the applicable Policy and procedure

If a student withdraws or graduates from the University pending a disciplinary charge alleging the student violated this policy, the University may not end the applicable grievance process or issue a transcript to the student until a final determination of responsibility has been made, unless otherwise prohibited by law. In such a case, the University will expedite the grievance process as necessary to accommodate both Parties’ interest in a prompt resolution.

Upon dismissal, the University will promptly send a written notice of dismissal to both Parties simultaneously. The Notice will include the reason(s) for the dismissal.

If a Formal Complaint is dismissed, the University may continue to offer Supportive Measures to the Complainant and Respondent as appropriate.

As noted above, Complainants may voluntarily withdraw any or all allegations in the Formal Complaint. Such withdrawals must be submitted to the Director of Title IX Compliance and Title IX Coordinator in writing. Although the Complainant’s decision to withdraw the Formal Complaint (or any allegations therein) typically results in the dismissal of the Formal Complaint, under certain circumstances the University may not dismiss the Formal Complaint and continue with the applicable grievance process. Such a decision will be based upon a variety of factors, including the safety of the Parties involved, scope and severity of the allegations, and age and relationship of the Parties. The Complainant will not be required to participate in the grievance process if they withdraw the Formal Complaint (or allegations therein) and the University does not dismiss the Formal Complaint.

Trinity University may consolidate Formal Complaints of discrimination or harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations arise out of the same facts or circumstances.

Trinity University will resolve Formal Complaints promptly and equitably. All processes, provisions, and rules stated in this policy apply equally to both Parties—Complainants and Respondents.

Determination of a Party’s credibility will not be based on a person’s status as a Complainant, Respondent, or witness. The University presumes that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

The University will take reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the grievance procedures without restricting the ability of the Parties to gather and present relevant evidence; discuss the allegations under investigation (including by speaking to witnesses, except to prohibit Retaliation); consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures.

The role of the Investigator, Decision-Maker, Appeal Decision-Makers, and/or Informal Resolution Facilitator may be filled by appropriate University personnel and/or external parties. All University employees and external parties have received the appropriate training to participate in grievance process.

Trinity University employees participating in the grievance process including the Director of Title IX Compliance and Title IX Coordinator, Investigators, Decision-Makers, Appeals Officers, and Informal Resolution Facilitators as well as external parties engaged by the University to complete investigations and adjudication are prohibited from having a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Trinity University’s grievance processes rely upon an objective evaluation of all relevant evidence—including both inculpatory and exculpatory evidence.

Relevant evidence is considered to be evidence related to the allegations under investigation as part of the grievance procedures under this policy. Questions posed are relevant when they seek evidence that may aid in showing whether the alleged conduct occurred, and evidence is relevant when it may aid a Decision-Maker in determining whether the alleged conduct occurred.

Certain evidence and questions seeking such evidence are never considered relevant:

Questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. Such questions cannot be required, allowed, relied upon, or otherwise used.
A Party’s or witness’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s in connection with the provision of treatment to a Party or witness unless the University obtains the Party’s or witnesses’ voluntary, written consent.

Demonstration of a pattern, repeated, and/or predatory behavior by the Complainant or the Respondent, including previous findings in any legal or campus proceeding, may be relevant to the finding, not just the Disciplinary Sanction.

Trinity University applies the preponderance of the evidence standard of proof to determine whether this policy was violated. The preponderance of the evidence standard means that it is more likely than not that the conduct occurred.

Each Party may have one (1) Support Person of their choice accompany them to any meeting, including under the Formal Resolution Process or the Informal Resolution Process. These individuals may be a family member, friend, attorney, or anyone of the Party’s choosing. However, any person who may serve as a witness in any process may not serve as a Support Person. A Party is not required to have a Support Person present at any meeting, and the University may not provide a Party with a Support Person unless it is considered a necessary accommodation for a Party.

All Support Persons are subject to the same University rules whether they are attorneys or not. Support Persons may not present on behalf of their Party in a meeting or interview. Additionally, Support Persons may not actively participate in the investigation or Informal Process.

Accommodations, including the scheduling of meetings, interviews or hearings, will not be made for Support Persons if they unduly delay the process. Each Party will be required to sign a release to allow these Support Persons to receive information about the matter.

Any Support Person participating in any process is expected to comply with the guidelines and expectations established by the University. If a Support Person fails to adhere to these guidelines, they may be asked to leave the meeting, interview, or other proceeding.

Parties must notify the University if they intend to bring a Support Person to any meeting.

The grievance procedures outlined in this section apply to Formal Complaints of discrimination, harassment, and retaliation under this policy.

The University aims to complete the grievance processes in a reasonably prompt time frame. Generally, the University will conclude the grievance process under this section within one hundred twenty (120) business days.

The University reserves the right to allow for the temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of the Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities

Upon receipt of a Formal Complaint of discrimination, harassment, or retaliation under this policy, the University will provide a written Notice of Investigation to the Parties whose identities are known, simultaneously. The Notice will include the following information:

Notice of the allegation(s) potentially constituting discrimination, harassment, or retaliation under this policy, containing sufficient details known at the time, including:

The identifies of the Parties involved in the incident(s) (if known)
Conduct allegedly constituting discrimination, harassment, or retaliation
Date and location of the alleged incident(s) (if known)

Sufficient time for each Party to prepare a response before any initial interview
A statement that each Party has the right to a Support Person of their choice
A statement that retaliation is prohibited
A statement that the Parties are entitled to an equal opportunity to inspect and review all evidence gathered during the investigation
A statement that the Respondent is presumed not to be responsible for the alleged conduct unless and until a determination of responsibility is made at the conclusion of the grievance process
Reference to the section of this Policy that prohibits knowingly making false statements or knowingly submitting false information during the grievance process
A copy of the applicable policy or policies, which includes the applicable grievance procedures and informal resolution options, if any
List of Supportive Measures

If, during the course of an investigation, the University decides to investigate additional allegations that are not included in the initial Notice of Investigation provided to the Parties, the University will provide notice of the additional allegations to the Parties whose identities are known.

After the Notice of Investigation is issued, the University will conduct a thorough and impartial investigation into the allegations within a reasonably prompt timeframe.

A trained investigator or team of investigators will be assigned to investigate the conduct alleged in the complaint. The investigation typically includes interviewing the Complainant, Respondent, and witnesses as well as gathering relevant evidence. The investigator will communicate with the Parties throughout the investigation process to provide notice of meetings and updates.

The University will inform the Parties of the name of the assigned investigator in the Notice of Investigation.

The burden to conduct an investigation that gathers evidence sufficient to determine whether a violation of this policy occurred is upon the University, not on the Parties. However, the Parties have an equal opportunity to present witnesses and other inculpatory and exculpatory evidence to the Investigator during the Grievance Process. The Investigator may communicate with other campus offices to gather relevant evidence, if appropriate.

The Investigator will review all evidence gathered during the course of the investigation and determine what evidence is directly related and relevant to the allegations contained in the Formal Complaint.

Any Party may decide to participate or not participate in the investigation; however, if a Party chooses not to participate, the investigation will move forward based on the information available to the investigator.

Investigative interviews may be recorded by the investigator with the consent of the Parties or witnesses. Unless explicitly authorized by the University in accordance with institutional procedures, no other audio or video recording of any kind is permitted during meetings, conversations, or interviews.

Parties may not attend interviews of any other Party or witness or any meeting related to the investigation, unless invited and expected to participate by the University.

At the conclusion of the investigation but prior to the completion of the Final Investigative Report, each Party and their Support Person, if any, will have an equal opportunity to access, inspect, review, and respond to Preliminary Investigative Report and Evidence (collectively referred to as the “Investigation File”). Evidence may include statements made by the Parties and witnesses, information stored electronically, written or electronic communications, social media posts, or physical evidence. Each Party and their Support Person, if any, will have access to the Preliminary Investigation File in electronic or hard copy.

The Investigation File will contain any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence – whether obtained from a Party or other source – so that each Party can meaningfully respond to the evidence prior to conclusion of the investigation.

Prior to the release of the Preliminary Investigation File to the Parties and their Support Person, Trinity may redact confidential portions of the Investigation File as necessary to comply with applicable federal or state laws regarding confidentiality and/or require the Parties and their Support Person to execute nondisclosure agreements to preserve the confidentiality of information therein.

The Party and their Support Person, if any, will have ten (10) business days to review and submit a written response to the Preliminary Investigation File by email to the Investigator. Responses may be inserted as comments in the Investigative Report, consolidated into a single Word document, or consolidated in a single email. If a Party does not provide a written response within ten (10) business days, it will be assumed that the Party reviewed the information and chose not to respond.

The Parties’ responses to the Preliminary Investigation File may include requests for additional witness interviews, evidence collections, general comments, or responses deemed appropriate by the Party.

After the deadline to submit responses to the Preliminary Investigation File has passed, the Investigator will review and consider the Parties’ written responses before completing the Final Investigative Report, which fairly summarizes relevant evidence. The Investigator has discretion to further investigate or revise the report based upon the Parties’ responses.

The Parties’ responses to the Preliminary Investigation File, if any, will be included within the Final Investigation File.

Following the investigation, a Decision-Maker will review and evaluate the Final Investigation Report, which includes all relevant evidence, to determine whether it is more likely than not that a violation of this policy occurred.

At their discretion, the Decision-Maker may pose questions and follow up questions (as needed) to the Parties and witnesses in writing. Each Party and witness will have five (5) business days to submit a written response to the Decision-Maker. The Decision-Maker will consider the submitted responses before making a determination of responsibility.

The Decision-Maker may be the Investigator in the matter or another individual, either internal or external to the University.

Following the review of the Final Investigation Report, the Decision-Maker will make a determination whether a violation of this policy occurred. The Decision-Maker will draft and issue a written determination regarding responsibility called the Notice of Outcome, which will be shared with the Parties simultaneously.

To reach a determination, the Decision-Maker will apply the preponderance of the evidence standard, as defined in this Policy.

The Notice of Outcome will include the following elements:

Identification of the allegations potentially constituting discrimination, harassment, or retaliation under this policy
A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews with Parties and witnesses and methods used to gather other evidence
Findings of fact supporting the determination
Conclusions regarding the application of the University’s policy to the facts
A statement of, and rationale for, the result as to each allegation, including:

A determination regarding responsibility
Any Disciplinary Sanctions the University imposes on the Respondent, and
Whether Remedies designed to restore or preserve equal access to the institution’s education program or activity will be provided to the Complainant; and

Trinity’s procedures and permissible bases for the Complainant and Respondent to appeal.

The Notice of Outcome becomes final on the date the University provides it to the Parties with the written determination of the result of any appeal, if an appeal is filed. If no appeal is filed, the Notice of Outcome becomes final when the deadline to submit an appeal has passed and is no longer considered timely.

Disciplinary Sanctions may not be imposed upon a Respondent for violations of this Policy unless there is a determination at the conclusion of the Grievance Procedure that the Respondent engaged in a violation of this policy.

The range of possible Disciplinary Sanctions for students includes, but is not limited to: written warning; probation; probation with suspension of privileges; campus restrictions (such as no contact orders or bans from particular locations on campus); educational remedies (such as training); suspension; and/or expulsion.

The range of possible Disciplinary Sanctions for employees includes, but is not limited to: written warning; counseling; removal from position; suspension without pay; restrictions on participation in certain University activities; and/or termination of employment.

After the Decision-Maker has made a determination regarding responsibility and before issuing the Notice of Outcome, they may consult with an individual(s) designated as the Sanctioning Officer(s) in an effort to identify appropriate Disciplinary Sanctions for the Respondent. The Sanctioning Officer will not be the investigator, Informal Resolution Facilitator, or Appeal Decision-Maker.

Typically, for matters involving student Respondents, the Sanctioning Officer is the Dean of Students or designee; for matters involving Staff Respondents, the Chief Human Resources Officer or their designee is typically the Sanctioning Offer; and for matters involving Faculty Respondents, the Dean(s) or their designee will typically serve as the Sanctioning Officer(s)

The Director of Title IX Compliance and Title IX Coordinator will coordinate the provision and implementation of Remedies to a Complainant and other persons the institution identifies as having had equal access to its education program or activity limited or denied by discrimination, harassment, or retaliation.

The Range of possible Remedies that may be provided following a determination of responsibility includes, but is not limited to, access to counseling services; extensions of deadlines and other academic adjustments; modifications to work or class schedules; mutual restrictions on contact between the Parties; changes in work or housing locations; leaves of absence; increased security or monitoring in specific areas of campus; participation in training or educational programs related to discrimination or harassment; and any other remedies deemed appropriate to restore

Complainants and Respondents have the right to appeal the Notice of Outcome and make a statement in support of, or challenging, the outcome.

Generally, for matters involving a student Respondent, the role of the Appeal Decision-Maker will be filled by the Vice President for Student Affairs or their designee, and for matters involving a staff member or third-party Respondent, the role of the Appeal Decision-Maker will be filled by the Vice President of People Culture and Community or their designee, and for matter involving a faculty member, the role of the Appeal-Decision Maker will be filled by the Provost and Vice President of Academic Affairs or designee. The University reserves the right to engage an external Appeal Decision-Maker.

In all cases, the Appeal Decision-Maker will be free from bias and conflict of interest. The Appeal Decision-Maker will not be the investigator involved in the matter, or the original Decision-Maker who determined responsibility or dismissal. Additionally, the Appeal Decision-Maker will have completed training.

Appeal procedures are located below and apply equally to the Parties.

At any time following the filing of a Formal Complaint and prior to reaching a determination regarding responsibility under the Grievance Process, the University may offer to a Complainant and Respondent an informal resolution process. Informal Resolution will not be offered if use of such a process would conflict with Federal, State or local law.

Trinity University has discretion to determine whether it is appropriate to offer an informal resolution process when it receives information about conduct that reasonably may constitute discrimination, harassment, or retaliation under this policy or when a complaint of such conduct is made. The University may decline to offer informal resolution despite one or more of the Parties’ wishes.

The University will not require or pressure the Parties to participate in an informal resolution process. The Director of Title IX Compliance and Title IX Coordinator or their designee will obtain the Parties’ voluntary consent to the informal resolution process. TheUniversity will not require waiver of the right to an investigation and adjudication of Formal Complaints as outlined in this Policy as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right. .

Before initiation of an informal resolution process, the University will provide to the Parties written notice that explains:

The allegations
The requirements of the informal resolution process, including the circumstances under which it precludes the Parties from resuming a Formal Complaint arising from the same allegations
That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume the appropriate grievance procedures with respect to the Formal Complaint
That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming grievance procedures arising from the same allegations
The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties
What information and records will be maintained or could be shared, and whether and how the University could disclose such information for use in a grievance process, if grievance procedures are initiated or resumed

The Facilitator for the informal resolution process must not be the same person as the investigator or the Decision-Maker in the grievance procedures. Any person designated by the University to facilitate an informal resolution process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Any person facilitating informal resolution must receive training.

Potential terms that may be included in an informal resolution agreement include, but are not limited to: 1) Restrictions on contact; 2) Restrictions on the Respondent’s participation in one or more of the institution’s programs or activities or attendance at specific events, including restrictions the institution could have imposed as Remedies or Disciplinary Sanctions had the University determined at the conclusion of the applicable grievance procedure that discrimination, harassment, or retaliation occurred; and/or 3) Additional terms as mutually agreed upon by the Parties.

Each Party must sign the terms of the informal resolution prior to its finalization.

Terms & Definitions

Terms and Definitions:

Term:	Definition:
Complainant:	An individual who is alleged to be the victim of conduct that could constitute discrimination, harassment, or retaliation under this policy. A Complainant may, but is not required to be, a student, employee, or other the University community member.
Confidential Employee (also referred to as Confidential Campus Resource):	An employee of the University whose communications are privileged or confidential under Federal or State law. The employee’s confidential status, for purposes of this Policy, is only with respect to information received while the employee is functioning within the scope of their duties to which the privilege or confidentiality applies.
Disciplinary Sanctions	Consequences imposed upon a Respondent following a determination that the Respondent violated this policy. The Director of Title IX Compliance and Title IX Coordinator will coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions.
Formal Complaint	A document that initiates the grievance process under this policy. The Formal Complaint must be signed and filed by the Complainant or signed by the Director of Title IX Compliance and Title IX Coordinator alleging a violation of this policy against a Respondent and requesting that the University investigate the documented allegation(s). A Formal Complaint filed by the Complainant must contain the Complainant’s physical or digital signature or otherwise indicate that the Complainant is the person filing the Formal Complaint. Formal Complaints must be submitted via email, mail, or in-person or by any other method designated by the University. to the Director of Title IX Compliance and Title IX Coordinator. Submission of a Formal Complaint to the Director of Title IX Compliance and Title IX Coordinator is not equivalent to filing charges with local law enforcement and does not require Complainant or the University to file charges with local law enforcement.
Party	A Complainant or Respondent (together, the “Parties”)
Remedies:	Measures designed and provided to a Complainant to restore or preserve equal access to the institution’s education program or activity after the institution determines that this policy was violated.
Respondent	An individual who has been reported to be the perpetrator of conduct that could constitute a violation of this policy.
Student	For the purpose of this Policy, the University defines “student” as any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with the University

Revision Management

Revision History Log:

Revision #:	Date:	Recorded By:
v4.0	8/28/2025 11:55 AM	Pamela Mota
v3.1	11/18/2024 9:18 AM	Pamela Mota
v.3	9/30/2024 2:15 PM	Pamela Mota
v2.0	5/27/2021 2:41 PM	Claire Smith
v1.0	3/1/2021 2:11 PM	Angela Miranda-Clark

Vice President Approval:

Name:	Title:
Claire Smith	Assistant Secretary to the Board of Trustees