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Complaints Under Title IX

Students

If you are a student who believes you have been a victim of sexual misconduct by another college student, college employee, or third party, you may report such conduct or file a complaint under Title IX with the Title IX Coordinator or Deputy Coordinator.

Report Online

Employees

If you are an employee who believes you have been subjected to sexual misconduct or discrimination under Title IX, or who wishes to file a complaint under Title IX, you can do so with the Director of Human Resources or the Title IX Coordinator.

Report Online

A good faith effort to complete an investigation within 60 calendar days will be made, unless otherwise noted in writing to the Complainant. Complex cases may take longer than the outlined time frame.

Individuals may file anonymous reports. Anonymous reports may be difficult for the College to follow up/or take action on, where validating information is limited.

Investigation and Decision-Making Procedures

  1. Complainant files an initial report.
  2. Title IX Coordinator will review the complaint and investigate the matter. The Title IX Coordinator may assign the investigation to a Deputy Coordinator or Investigator and advise the Complainant of the name and contact information of the individual assigned.
  3. The Title IX Coordinator will contact the Complainant and schedule initial meeting.
  4. The Title IX Coordinator will determine whether the Complaint will be processed as Title IX Sexual Harassment or Non-Title IX Sexual Misconduct.
  5. During the initial meeting, the Title IX Coordinator will:
    1. Determine and implement supportive measures as appropriate and necessary for the Complainant's safety.
    2. Provide the Complainant with information about the complaint process, informal resolution, reporting to law enforcement, counseling, and other resources.
  6. Investigation
    1. At the outset of the investigation, the Investigator will provide Respondent prompt notice of the allegations against him or her in writing together with a copy of the Sexual Misconduct Policy.
    2. The Investigator will interview the Complainant, Respondent, and any witnesses.
    3. The Investigator will gather and review other evidence (e.g., documents, photographs, social media posts, etc.) and conduct a site visit if appropriate.
    4. When the investigation is complete, the Investigator will draft an Investigation Report and provide it to the Decision Maker.
  7. Decision-Making
    1. If a hearing is required (Title IX Sexual Harassment), a Notice of Hearing is sent to the Parties and their Advisors.
      1. If a Party does not have an Advisor to conduct cross-examination at the live hearing, the College will provide the Party with an Advisor, who need not be an attorney, for the limited purpose of conducting cross-examination at the live hearing.
      2. The Investigative Report is provided to all Parties, their Advisors, and the Decision Maker. At the hearing, each Party may give a statement, answer questions, present evidence, and witnesses, and cross-examine the other Party and witnesses through their Advisor.
      3. LSCPA is required to make all evidence subject to the Parties’ inspection and review available at any hearing to give each Party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.
      4. Only relevant questions may be asked of a Party or witness during the hearing.
      5. The hearing may be conducted with all Parties and witnesses physically present in the same geographic location or, at the College’s discretion, any or all Parties, witnesses, or other participants may appear at the hearing virtually. At the request of either Party, the College shall provide for the entire hearing, including cross-examination, to occur with the Parties in separate rooms with technology that enables the Parties to see and hear each other or the witness answering questions, at all times while the hearing is in session.
      6. LSCPA is required to create an audio or audiovisual recording, or transcript, of any live hearing and make such recording or transcript available to the Parties for inspection and review.
      7. Once the live hearing has concluded, the Decision Maker will issue a written determination, which shall be sent simultaneously to the Parties, along with information about how to appeal the determination.
      8. Either Party may appeal a dismissal or Decision Maker’s determination by filing a written request to appeal, with supporting information, with the appropriate Appellate Authority within the allowed time frame. Procedures for appeals are documented in the Texas State University System Sexual Misconduct Policy.
    2. If a hearing is not required (non-Title IX Sexual Misconduct) Title IX Coordinator will review the Investigation Report and will make a written finding as to whether
      1. no reasonable grounds exist that the Sexual Misconduct Policy was violated and the matter is closed or
      2. it is more likely than not that Respondent violated the Sexual Misconduct Policy, and which specific sections of the policy were violated.
      3. The finding shall include the Title IX Coordinator’s basis for the decision and recommended sanctions, if any. The Coordinator will communicate the findings in writing simultaneously to the Complainant, Respondent, and appropriate Component Administrator with the authority to determine and issue appropriate sanctions.
      4. Either Party may dispute the findings or the sanctions. Procedures for disputes and appeals are documented in the Texas State University System Sexual Misconduct Policy.

For additional details, please refer to the Sexual Misconduct Policy.

Confidentiality

When considering reporting options, Victims should be aware that certain personnel employed by Lamar State College-Port Arthur can maintain strict confidentiality, while others have mandatory reporting and response obligations. 

Confidential Reporting
Laurie Marcantel, M.Ed., L.P.C., A.T.S.
Disability Services Coordinator
Madison Monroe Education Building Rm 231B
(409) 984-6241
marcantella@lamarpa.edu

LSCPA personnel that are not confidential employees and who receive a report of alleged sexual misconduct are required to share the information with the Title IX Coordinator for investigation and follow up. (See Mandatory Reporting for more information.) Lamar State College Port Arthur will protect a Complainant's confidentiality by refusing to disclose his or her information to anyone outside the College to the maximum extent permitted by law.

As for confidentiality of information within the College, the College must balance a Victim's request for confidentiality with its responsibility to provide a safe and non-discriminatory environment.