Welcome back, students! All campuses are open and ready to serve students virtually, blended, or in person.
View the College COVID-19 Restart Plan

Dating Violence, Domestic Violence, Sexual Assault, and Stalking: What You Should Know

Collin College strives to maintain a healthy and safe environment where all members of its campus community are treated with dignity and respect. Collin College prohibits all forms of dating violence, domestic violence, sexual assault, and stalking, as those terms are defined for purposes of the Clery Act, Title IX of the Education Amendments of 1972 (Title IX), as amended May 19, 2020and the Violence Against Women Reauthorization Act of 2013 (VAWA).

Definitions
Collin College's definitions of dating violence, domestic violence, sexual assault, and stalking (i.e., prohibited conduct) can be found here.

Consent to Sexual Activity
In some instances dating violence, domestic violence, sexual assault, and stalking occur because people do not have a good understanding of "consent"; therefore, it is important to know what constitutes consent to sexual activity.
 
Collin College's Definition of Consent to Sexual Activity
Sexual activity requires consent, which is defined as an informed, voluntary, affirmative, and mutual agreement between the participants to engage in a specific sexual act. The following guidelines will be used to determine whether consent was obtained when investigating a complaint of sexual assault against a Collin College student or employee: 
  1. Consent to sexual activity can be communicated in a variety of ways, but one should not presume consent has been given in the absence of a clear, positive agreement.

  2. Consent can only be accurately gauged through direct communication about the decision to engage in sexual activity. The absence of the word “no” or the like (e.g., “stop”) does not imply consent.

  3. Although consent can be non-verbal, verbal communication is the most reliable form of asking for and obtaining consent. Discussing desires, needs, and limitations with sexual partners provides a basis for positive sexual experiences shaped by mutual willingness and respect.

  4. Presumptions based upon contextual factors (e.g., provocative clothing or dancing, etc.) are unwarranted, and should not be considered grounds for consent.

  5. As defined in the State of Texas Penal Code §22.011 Sexual Assault, the age of sexual consent is 17. Therefore, consent cannot be obtained from someone who is under the age of 17, as that person is legally considered to be a minor.

  6. Consent cannot be obtained from someone who is asleep, unconscious, or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition (e.g., an intellectual or other disability). A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know – or reasonably should know – to be incapacitated constitutes sexual assault.

  7. Consent to some sexual acts does not constitute consent to other sexual acts.

  8. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. If you proceed despite your partner’s verbal and/or non-verbal communication to stop, you have committed sexual assault.

  9. Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent.

  10. A prior sexual encounter or pre-existing relationship does not indicate consent to current or future sexual activity.

State of Texas' Definition of Consent to Sexual Activity
The State of Texas' definition of consent to sexual activity is located in the Texas Penal Code, Section 22.011 Sexual Assault, and can be found here.
 
Procedures Victims of Dating Violence, Domestic Violence, Sexual Assault, and Stalking Should Follow
Seek Medical Attention Immediately
If you request it or if you have already reported the incident to a law enforcement official, a sexual assault nurse examiner (SANE) or doctor will conduct both a forensic and medical exam and collect evidence. Having a forensic exam conducted does not require you to file a police report or proceed through the criminal justice process, but it will preserve evidence in the event you decide to do so at a later time. 

For evidence collection to take place, it is best for an exam to occur within five (5) days (i.e., 120 hours) of the incident. It is advised that you do not shower, bathe, douche, eat, drink, wash your hands, change clothes, brush your teeth, or do anything that may interfere with the collection of evidence. If you do change your clothes, save the clothing you were wearing and be sure to take it with you to the hospital in a paper (not plastic) bag. It is also important to share as much information as you can remember with medical personnel. Learn more about the sexual assault exam process here.

Collin County has a mobile SANE team. If you go to any hospital in Collin County, the staff can contact the mobile SANE team, and they will come to that hospital to assist you. 

You can receive attention at any medical facility; however, the local hospitals listed here have specially-trained staff to assist survivors of dating violence, domestic violence, sexual assault, and stalking. Victims 17 years of age and under must be seen at a hospital with an approved colposcope. These hospitals are noted with an asterisk (*) in the list. Collin College does not provide transportation to any of these hospitals.
 
Consider Reporting the Incident to the Appropriate Law Enforcement Official
For immediate notification to local law enforcement, dial 911. To report the incident an incident that occurred on a Collin College campus or property owned or controlled by Collin College to the Collin College Police Department, call 972.578.5555 or dial extension 5555 from any campus phone. Contact information for local law enforcement agencies can be found here.
 
If you need assistance with reporting to law enforcement, you can ask the medical professionals at the hospital if you received medical attention. Additionally, if you request assistance, a Collin College official will help you with the process of reporting to law enforcement. Note: Victims have the right not to report a crime or to decline to notify authorities, including law enforcement, if they so choose. 

Consider Counseling and/or Other Support Services
This is a difficult and stressful time, and you may need assistance now or in the future. Consider utilizing the following counseling and support services to help you process what happened and begin the healing process.

Personal and group counseling sessions are offered free of charge to all currently enrolled Collin College students. Counseling sessions are confidential and conducted by licensed mental health professionals. Additionally, the Counseling Services Office can provide appropriate referrals to on- and off-campus resources for Collin College students and employees. For more information, contact the Counseling Services Office at 972.881.5126 or personalcounseling@collin.edu.

Collin College employees can contact the Human Resources Office (HR) for advocacy and support. HR can assist employees with appropriate accommodations and reporting to law enforcement. Additionally, HR provides appropriate referrals to off-campus resources.  For more information, contact HR at 972.758.3856 or hr@collin.edu.

Collin College provides confidential and voluntary assistance to full-time employees and their household members through the Employee Assistance Program (EAP). This benefit is available 24 hours a day, seven (7) days a week, and provides up to eight (8) sessions per service type per year. There is no charge for full-time employees and their household members to use the EAP’s services. For more information, contact the EAP at 1.866.324.2400, email eap@deeroaks.com, or go to www.collin.edu/hr/benefits/eap.html.

Keep a Journal
Write down everything you can remember about what occurred including, but not limited to the:

  1. events that led up to the incident,
  2. date the incident occurred,
  3. time the incident occurred, and
  4. names of any potential witnesses or persons who may have additional information.

If applicable, keep any emails, harassing letters, online postings, photos, texts, voicemails, etc., as evidence.

Preservation of Evidence
Collin College recognizes that making the decision to report dating violence, domestic violence, sexual assault, and stalking may take time. Nevertheless, pending the decision to report, all individuals are strongly encouraged to take immediate steps to preserve evidence that may assist in proving the alleged criminal offense occurred; be helpful in obtaining a protective order; or assist with an investigation by the police, Collin College, or both, should the victim choose to report the incident. Such evidence may include, but is not limited to, the following: 

  1. a forensic sexual assault examination completed within five (5) days (i.e., 120 hours) of the incident;
  2. any clothing, sheets, towels, or other materials containing bodily fluids. These items should be stored in cardboard boxes or paper bags, not plastic;
  3. electronic exchanges to the extent that they can be captured or preserved (e.g., emails; text messages; and social media posts in Facebook, Instagram, Snapchat, Twitter, etc.);
  4. photographs, including photographs stored on smartphones, tablets, and other electronic devices;
  5. voicemail messages; and
  6. any other physical, documentary, or electronic data that might be helpful or relevant in an investigation.

Risk Reduction Strategies
Risk reduction consists of options designed to decrease perpetration and bystander inaction, and to increase empowerment in an effort to promote safety and help individuals and communities address conditions that facilitate violence. Learn more about risk reduction strategies here.

Reporting Incidents of Dating Violence, Domestic Violence, Sexual Assault, and Stalking
Collin College students and employees can contact the appropriate Title IX coordinator or deputy Title IX coordinator to report incidents of dating violence, domestic violence, sexual assault, and stalking.

Note: Reporting to any individual other than the appropriate Title IX coordinator or deputy Title IX coordinator does not constitute filing a formal complaint for the purposes of initiating the Title IX complaint resolution process. To initiate the Title IX complaint resolution process, the complainant must submit a formal complaint to the appropriate Title IX coordinator or deputy Title IX coordinator listed below. Additionally, to initiate the Title IX complaint resolution process, complainants cannot remain anonymous.

Collin College designates the following persons as Title IX coordinators and deputy Title IX coordinators:

Title IX Coordinator for Students
Terrence Brennan
Dean of Students
Collin Higher Education Center (CHEC)
3452 Spur 399
Suite 457
McKinney, TX 75069
Phone: 972.881.5734
 
Deputy Title IX Coordinator for Students
Amy Throop
Associate Dean of Students
McKinney Campus (Central Park)
2200 West University Drive
Suite B-336
McKinney, TX 75071
Phone: 972.881.5667
 
Title IX Coordinator for Employees
Floyd Nickerson
Chief Human Resources Officer
Collin Higher Education Center (CHEC)
3452 Spur 399
Suite 339
McKinney, TX 75069
Phone: 972.599.3159
Deputy Title IX Coordinator for Employees
Tonya Jacobson
Manager/Employee Relations
Collin Higher Education Center
3452 Spur 399
Suite 339
McKinney, TX 75069
Phone: 972.758.3856
 
Online Reporting Form
To file a complaint with the appropriate Title IX coordinator or deputy Title IX coordinator electronically, Collin College students and employees can submit the online form available at https://c0bkr412.caspio.com/dp/eaab3000c5296cbdacd74b438776.
 
Available Options and Interim Action
Collin College must provide certain options and interim action if the victim requests them and they are reasonably available, regardless of whether a victim chooses to report to local law enforcement, the Collin College Police Department, or the Title IX complaint resolution process. Learn more about available options and interim action here.

If you have a protective order against a person, notify the Collin College Police Department at 972.578.5555 as soon as possible.

Privacy and Confidentiality
To the greatest extent possible, Collin College will respect the privacy of the complainant, respondent, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law. Collin College will complete publicly available recordkeeping, including Clery Act reporting and disclosures, without inclusion of personally identifying information about the complainant. Additionally, Collin College must maintain as confidential any accommodations or supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality will not impair Collin College’s ability to provide the accommodations or supportive measures.  

Voluntary Confidential Reporting
Collin College recognizes incidents of crime can be difficult to discuss, and victims and witnesses may want confidentiality in addition to support. Victims and witnesses of crime who do not want to pursue action within the Collin College system or the criminal justice system may still want to consider making a voluntary confidential report. The Collin College Police Department can file a report on the details of the incident without revealing the victim’s or witness’s identity.

The purpose of a voluntary confidential report is to comply with the victim’s or witness’s wish to keep the matter confidential while taking steps to ensure the future safety of the victim and others. With such information, Collin College can keep an accurate record of the number of incidents involving students, employees, and visitors; determine where there is a pattern of crime with regard to a particular location, method, or assailant; and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in Collin College’s annual crime statistics. Additionally, victims and witnesses have the right not to report a crime if they so choose.

To submit a voluntary confidential report, victims and witnesses can contact the Collin College Police Department Communications Center 24 hours a day by:
 
  1. dialing extension 5555 from any Collin College system phone;
  2. dialing 972.578.5555 from any phone outside the Collin College system;
  3. pressing the “Emergency” button located on any Collin College system phone;
  4. picking up any of the Blue Light phones located in the parking garages and parking lots at the Frisco Campus (Preston Ridge), McKinney Campus (Central Park), Plano Campus (Spring Creek), Technical Campus, and Wylie Campus; or
  5. utilizing the Collin Mobile App “Call Campus Police” function under the “Emergency” menu.

The victim or witness must inform the dispatcher they would like to remain confidential at the start of the report. The victim or witness should provide as much detail as possible, and the dispatcher will take the report without including the victim’s or witness’s name or identifying information.

If the victim or witness would prefer to submit a voluntary confidential report in person, they may do so at any of the following Collin College Police Department office locations:

  1. Collin Higher Education Center (CHEC) Room 134,
  2. Courtyard Center (CYC) Room 125,
  3. Frisco Campus (Preston Ridge) Room LH-179,
  4. McKinney Campus (Central Park) Room C-119,
  5. Plano Campus (Spring Creek) Suite K-119,
  6. Technical Campus Room C-010, or
  7. Wylie Campus Room B-139.
When submitting a voluntary confidential report in person, the victim or witness must inform the Collin College Police Department officer they would like their name and any identifying information to remain confidential at the start of the report. The victim or witness should provide as much detail as possible, and the Collin College Police Department officer will take the report without including the victim’s or witness’s name or identifying information.
 
Anonymous Reports
In accordance with the Texas Higher Education Code Section 51.9365, Collin College students and employees can report prohibited conduct anonymously by submitting the online form available at https://c0bkr412.caspio.com/dp/eaab3000c5296cbdacd74b438776. However, the submission of an anonymous electronic report may impair Collin College’s ability to investigate and address the prohibited conduct. Additionally, to initiate the Title IX complaint resolution process, complainants cannot remain anonymous.
 
Collin College's Title IX Complaint Resolution Procedures
Collin College has adopted complaint resolution procedures to comply with Title IX of the Education Amendments of 1972 (Title IX), as amended and published on May 19, 2020, the Clery Act, and the Violence Against Women Reauthorization Act of 2013 (VAWA). These complaint resolution procedures provide for the prompt and equitable resolution of student and employee complaints alleging dating violence, domestic violence, gender-based harassment, retaliation, sex discrimination, sexual assault, sexual harassment, and stalking (hereafter referred to as “prohibited conduct”). Additionally, these complaint resolution procedures include information on how to report or file a complaint of prohibited conduct and how Collin College will respond once it has actual notice of an allegation of prohibited conduct.

Collin College's complaint resolution procedures apply equally to all Collin College students and employees who are participating in or attempting to participate in Collin College’s education program or activity. Additionally, these complaint resolution procedures only apply to prohibited conduct that impacted a person in the United States.

The Title IX Informal Resolution Process Flowchart, available here, provides an overview of Collin College’s Title IX informal resolution process. For more information and specific procedures, see the current Title IX Complaint Resolution Process Handbook for Collin College Students and Employees available here.

The Title IX Formal Resolution Process Flowchart, available here, provides an overview of Collin College’s Title IX formal resolution process. For more information and specific procedures, see the current Title IX Complaint Resolution Process Handbook for Collin College Students and Employees available here.

Training for Collin College Employees Involved in the Title IX Complaint Resolution Process
At a minimum, all Collin College employees involved in the Title IX complaint resolution process will receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking as well as how to conduct an investigation that protects victim safety and promotes accountability. This annual training includes, but is not limited to, information on the following topics: 
 
  1. basic procedural rules for conducting an investigation;
  2. relevant evidence and how it should be used during an investigation;
  3. proper techniques for questioning witnesses;
  4. avoiding actual and perceived conflicts of interest;
  5. conducting trauma-informed investigations;
  6. updates to and new local, state, and federal regulations; and
  7. how to provide appropriate advocacy and interim measures while maintaining confidentiality.

Collin College provides support (e.g., answering questions; appropriate assistance, resources, and referrals; etc.) to both the complainant and respondent throughout the process. Additionally, Collin College assists each complainant and respondent with understanding their rights and responsibilities related to the informal, resolution process, formal investigation and resolution process, evidence-gathering, findings of responsibility, appeals, and resolution. 

Complainant's and Respondent's Rights to Be Accompanied by an Advisor of Their Choice
In accordance with Title IX, both the complainant and respondent will have equal right to be accompanied by an advisor of their choice who may be, but is not required to be, an attorney to interviews, meetings, and hearings during either the Title IX informal resolution process or Title IX formal resolution process. Collin College will not provide an advisor for either party during the Title IX informal resolution process or the investigation phase of the Title IX formal resolution process. Collin College retains the right to limit the role of both parties’ advisors in interviews, meetings, and hearings. If either party is unable to provide their own advisor for the Live Hearing phase of the Title IX formal resolution process, Collin College will provide one (1) to the party who may be, but is not required to be, an attorney, without any fee or charge for the purpose of conducting cross-examination.
 
Standard of Evidence
Collin College will use the preponderance of the evidence standard (i.e., more likely than not to have occurred) when investigating and resolving all allegations of dating violence, domestic violence, sexual assault, and stalking. This evidence standard will be utilized no matter whether the allegation is investigated and resolved through the Title IX complaint resolution process, student disciplinary process, or employee general complaint process.
 
Simultaneous Written Notification of the Outcome and Disclosure of Results of Disciplinary Proceeding
Collin College will provide simultaneous written notification of the outcome, within the extent permitted by applicable law, to the victim and the person against whom the complaint is filed. The parties will be given the opportunity to respond to the report. This simultaneous written notification will include, but is not limited to, the following information:

  1. the results of any disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking;
  2. Collin College’s procedures for the victim and the respondent to appeal the results of the disciplinary proceeding;
  3. any change to the results (e.g., through the appeal process); and
  4. when such results become final.

In accordance with federal laws, upon written request Collin College will disclose to the alleged victim of a crime of violence, as defined in Title 18, § 16, United States Code, or non-forcible sex offense (i.e., incest or statutory rape) the report on the results of any disciplinary proceeding conducted by Collin College against a student or employee who is the alleged perpetrator of such crime or offense. Therefore, information about the outcome regarding a respondent will be disclosed in writing to the victim in cases involving dating violence, domestic violence, sexual assault, and stalking. If the alleged victim is deceased as a result of such crime or offense, Collin College will treat the victim’s next of kin as the alleged victim, in accordance with the law.

Amnesty Policy for Collin College Students
In accordance with the Texas Higher Education Code Section 51.284, Collin College will give amnesty to (i.e., not take disciplinary action against) a student who reports, in good faith, that the student was the victim of or a witness to an incident of prohibited conduct as defined by this policy. This amnesty policy applies regardless of the location at which the incident occurred or the outcome of Collin College’s disciplinary process regarding the incident, if any. This amnesty policy does not apply to a student who reports their own commission or assistance in the commission of prohibited conduct as defined by this policy.

Prevention and Awareness Programs 
In order to comply with the federal government’s mandated training requirement under the Violence Against Women Reauthorization Act of 2013 (VAWA), various Collin College committees, departments, initiatives, and offices present programs and training sessions throughout each academic year to promote prohibition, prevention, and awareness of dating violence, domestic violence, sexual assault, and stalking. These programs are organized into "primary prevention and awareness programs" and "ongoing prevention and awareness programs" that are described below and offered on a continual basis.
 
Primary Prevention and Awareness Programs
Collin College provides primary prevention and awareness programs on dating violence, domestic violence, sexual assault, stalking, and other relevant topics to all incoming students, faculty, and staff. These programs include, but are not limited to, information on Collin College’s and the State of Texas’ definitions of dating violence, domestic violence, sexual assault, stalking, and consent to sexual activity; personal safety; safe and positive options for bystander intervention; the importance of preserving evidence; risk reduction strategies; and reporting options. Click here for a list of all of Collin College’s primary prevention and awareness programs.
 
Ongoing Prevention and Awareness Programs
Ongoing prevention and awareness programs (e.g., presentations, seminars, trainings, videos) on dating violence, domestic violence, sexual assault, stalking, and other relevant topics are also offered to all new and returning students, faculty, and staff members throughout each academic year. All of these programs include, but are not limited to, information on Collin College’s and the State of Texas’ definitions of dating violence, domestic violence, sexual assault, stalking, and consent to sexual activity; personal safety; safe and positive options for bystander intervention; the importance of preserving evidence; risk reduction strategies; and reporting options. Click here for a list of all of Collin College’s ongoing prevention and awareness programs.
 
Federal Regulations
The federal government has enacted various statutes to ensure students' rights are upheld and colleges are in compliance with federal laws. These statutes include:
 
  1. Campus Sexual Violence Elimination Act (SaVE Act)
  2. Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)
  3. Title IX of the Education Amendments of 1972 (Title IX), as amended May 19, 2020
  4. Violence Against Women Reauthorization Act of 2013 (VAWA)

Collin College Policies
Collin College has enacted various policies to ensure students' rights are upheld and the college is in compliance with the federal laws listed above. These policies include: 

  1. Board Policy DIAA (LEGAL)
  2. Board Policy DIAA (LOCAL)
  3. Board Policy FFDA (LEGAL)
  4. Board Policy FFDA (LOCAL)
Top