Frequently Asked Questions (FAQs)

Title IX Overview FAQ

What do I need to know? What Policies have changed?

In order to implement new federal Title IX regulations, a new policy was issued, Policy 828 Sexual Misconduct Policy for Faculty, Staff, and Students. Additionally, Policy 830 Discrimination and Harassment was updated.

Policy 201 Faculty Tenure was also amended to reflect that allegations of Sexual Misconduct Title IX will be adjudicated and appealed under Policy 828 (and not under Policy 201 or 201A the procedure for sanctions). This change only applies to Sexual Misconduct Title IX, and not to any other faculty disciplinary matters.

The main changes are outlined on this infographic.

What is Title IX?

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities. Other laws, including Title VII, the Violence Against Women Act (VAWA), and Texas law also prohibit sex and gender discrimination. While Title IX covers all forms of sex discrimination, the term “Title IX” is often used as a short-hand to describe the sub-set of policies, procedures, or programs that specifically address sexual misconduct.

What is Sex Discrimination?

Sex Discrimination is discrimination on the basis of sex or gender. It includes sexual harassment, sexual violence (including rape and sexual assault), stalking, domestic violence, dating violence, and any other gender-based discrimination.

Who is protected by Title IX?

Title IX protects all persons participating or attempting to participate n an educational program and/or activity at Rice, including students, faculty, and staff, regardless of gender or gender identity.

Does Title IX apply to everyone?

Yes, Title IX protects and holds accountable faculty, staff, and students of all genders. The 2020 Department of Education federal regulations require specific grievance procedures for both employees and students for allegations that are covered by Title IX.

Does Rice University have to comply with the federal regulations?

Yes, as a recipient of federal funding, Rice is required to comply with the federal regulations. If a court ruling or federal proceeding results in the rules being enjoined or otherwise changed, Rice will shift its policies and procedures as appropriate and allowable.

How do the 2020 Title IX regulations change things at Rice?

The federal regulations require Rice to address a subset of sexual misconduct allegations using a specific investigation and adjudication process. When alleged conduct does not meet the federal definitions or criteria, other Rice policies and procedures may apply. Rice will continue to address all complaints of sexual misconduct and will assess formal complaints to determine if Rice policy and/or federal regulations apply.

Generally, what conduct is prohibited by Title IX?

Title IX prohibits sex discrimination, including sexual harassment, in all programs and activities, including academic programs, extracurricular programs, and intercollegiate activities. The federal regulations narrow the definition of sexual harassment to include only unwelcome conduct that is so severe, pervasive, and objectionably offensive that it effectively denies a person equal access to the University.

University policies are not limited to the narrow Title IX definition, and expand to cover additional types of sexual misconduct.

What policies govern sexual misconduct at Rice?

Rice University has three policies that govern sexual misconduct: Sexual Misconduct Policy for Faculty, Staff, and Students (Policy 828), the Code of Student Conduct, and the Policy on Discrimination and Harassment (Policy 830). Another related policy is the Consensual Relationships Policy (Policy 829).

Has there been any recent developments related to Title IX?

On May 6, 2020, the U.S. Department of Education published new rules under Title IX of the Education Amendments of 1972 that:

  • Defines the meaning of “sexual harassment” (including forms of sex-based violence);
  • Addresses how Rice must respond to reports of misconduct falling within that definition of sexual harassment; and
  • Mandates a grievance process that Rice must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

The full text of the Final Rule and its extensive Preamble are available here. See, 85 Fed. Reg. 30026 (May 19, 2020).

To implement the new rules, Rice University has implemented the Sexual Misconduct Policy for Faculty, Staff, and Students.

How does the Sexual Misconduct Policy for Faculty, Staff, and Students impact other campus disciplinary policies?

The policy and procedures for sexual misconduct that is not Title IX have not change.

In recent years, “Title IX” cases have become a short-hand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the 2020 new rules, Rice University must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within 2020 new rule’s Title IX’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Sexual Misconduct Policy for Faculty, Staff, and Students (828).

To the extent that alleged misconduct falls outside the Sexual Misconduct Policy for Faculty, Staff, and Students Rice University’s retains the authority to investigate and adjudicate the allegations under the policies and procedures defined within the Code of Student Conduct or the Policy on Discrimination and Harassment, as applicable, through a separate grievance proceeding.

What is the effective date of the new policy?

Sexual Misconduct Policy for Faculty, Staff, and Students became effective on August 14, 2020, and applies to formal complaints of Title IX sexual harassment brought on or after August 14, 2020.

Formal complaints received before August 14, 2020, will be investigated and adjudicated according to the Code of Student Conduct or the Policy on Discrimination and Harassment (Policy 830).

What if there is a discrepancy between a Policy, Procedure, and this FAQ?

We have made every attempt to ensure that these FAQ’s are correct. In the event of a discrepancy, Policy 828 takes precedence, followed by Policy 830, followed by the Code of Student Conduct, followed by any written procedures, followed by this FAQ.

What is the timeline? How long does the process take?

The university will be as expeditious as possible in the investigation and hearing process, consistent with the need to conduct a fair, complete, and impartial investigation and hearing. The parties may request, and the university may extend, any timeframe in this policy for good cause (as defined in the policy).

The Policy does not set a defined number of days or provide a general guideline as to the total number of days that are allowed for a hearing. This is because any such guideline is highly speculative and typically outside of the University or the parties control. For example, during the investigation phase, parties will sometime engage or disengage, or new evidence or witness may be uncovered late in the process, or law enforcement requests may require delay, or the parties may wish to take into account factors such as finals or academic breaks.

The Policy also does not set a defined length to the hearing, or prescribe the way that hearing must occur. The hearing officer, in consultation with the parties, will determine the appropriate length of time that is necessary to provide a fair and complete hearing, in a trauma-informed way.

What happens if a Respondent leaves before the investigation or the hearing?

In the vast majority of cases, if the Respondent is no longer enrolled or employed, then the matter will proceed as if they were still enrolled or employed but elected not to participate (and the individual may elect to begin or continue participation at any time).

If the Respondent is a student who resigns, withdrawals, or graduates from Rice while a Sexual Misconduct (Title IX) case is pending, the Respondent will not be issued an official transcript or diploma until a final determination of responsibility is made, or the case is dismissed in accordance with this policy.

If the Respondent is an employee who resigns from Rice while a Sexual Misconduct (Title IX) case is pending, the Respondent will be ineligible for rehire until a final determination of responsibility is made or the case dismissed in accordance with the Sexual Misconduct Policy for Faculty, Staff, and Students.

Designating Title IX Offenses FAQ

What forms of sexual harassment are covered under the new Title IX rules and the Sexual Misconduct Policy for Faculty, Staff, and Students?

Under the new Title IX rules and the Sexual Misconduct Policy for Faculty, Staff, and Students (Policy 828), covered sexual harassment includes any conduct on the basis of sex that satisfies one or more of the following:

  1. An employee’s conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
  2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
  3. Sexual assault which includes any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. This term includes the following:
    • Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
    • Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    • Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent (which in the State of Texas is at least seventeen (17) years old).
  4. Dating violence or violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, including sexual or physical abuse, or threats of such abuse. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
  5. Domestic violence or violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction
  6. Stalking is engaging in a course of conduct directed at a specific person and on the basis of sex that would cause a reasonable person to fear for the person’s safety or the safety of others, or to suffer substantial emotional distress. A “course of conduct” may be established when an individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Sexual misconduct or harassment that does not meet one or more of these criteria is still prohibited under the Code of Student Conduct or the Policy on Discrimination and Harassment (830).

Why are some forms of prohibited conduct designated as Sexual Harassment (Title IX) conduct under University policy while others are not?

Under Title IX, a federal statute, Rice University is required to prohibit certain forms of prohibited conduct and to adjudicate reports of these forms of prohibited conduct in very specific ways. These forms of prohibited conduct are designated as “Sexual Harassment (Title IX) conduct.

Title IX allows Rice to prohibit additional forms of conduct and to respond to these additional forms of misconduct in with the Code of Student Conduct or under Policy 830, Policy on Discrimination and Harassment. These forms of prohibited conduct are designated as Sexual Misconduct (Non-Title IX) under our policy.

Why does Rice University policy cover more prohibited conduct than required by Title IX?

Rice University is committed to providing an environment that does not tolerate sex or gender discrimination, including sexual harassment and gender-based violence, and will take steps intended to end sexual harassment, sexual assault, stalking, dating or domestic violence, and related retaliation, prevent their recurrence and, as appropriate, remedy their effects.

The current Title IX regulations do not capture all of the prohibited conduct that could negatively impact the University’s education and work environments. For example, the Title IX regulations do not cover sexual assault that occurs during a Rice sponsored study abroad program between two Rice students. Yet, Rice believes this type of sexual assault should be prohibited under the Code of Student Conduct and the Policy on Discrimination and Harassment. As a result, some of the definitions of prohibited conduct in our policy are broader than those required by Title IX.

Also, other federal regulations, for example, Title VII of the Civil Rights Act, require Rice to respond to prohibited conduct beyond what Title IX requires.

Who will determine if the conduct falls under the jurisdiction of the Sexual Misconduct Policy for Faculty, Staff, and Students policy?

The Title IX Coordinator will determine if the alleged offense will be adjudicated under the Sexual Misconduct Policy for Faculty, Staff, and Students. The process under that policy will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

  1. The formal complaint is received on or after August 14, 2020;
  2. The conduct is alleged to have occurred in the United States;
  3. The conduct is alleged to have occurred in Rice’s education program or activity; and
  4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.

If all of the elements are met, Rice will investigate the allegations according to the Sexual Misconduct Policy for Faculty, Staff, and Students. If not, the University will consider if other policies apply.

What if the alleged conduct potentially falls under two policies?

If any of the allegations are Sexual Misconduct (Title IX) then the Sexual Misconduct Policy for Faculty, Staff, and Students will be applied to investigation and adjudication over all of the sexual misconduct or harassment allegations (in accordance with the policy).

When is the Title IX Coordinator required to dismiss a case?

If anyone of the required elements is not met, the Title IX Coordinator will notify the parties that the formal complaint is being dismissed for the purposes of the Sexual Misconduct Policy for Faculty, Staff, and Students. Each party may appeal this dismissal to the appropriate administrator.

Note that conduct that does not meet one or more of these criteria may still be prohibited under the Code of Student Conduct or the Policy on Discrimination and Harassment.

When may the Title IX Coordinator use their discretion to dismiss a case?

The Title IX Coordinator may dismiss a formal complaint brought under the Sexual Misconduct Policy for Faculty, Staff, and Students, or any specific allegations raised within that formal complaint, at any time during the investigation or hearing, if:

  • A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the formal complaint or any allegations raised in the formal complaint;
  • The respondent is no longer enrolled or employed by Rice; or
  • If specific circumstances prevent the university from gathering evidence sufficient to reach a determination regarding the formal complaint or allegations within the formal complaint.

Each party may appeal this dismissal, using the procedure set forth in the Sexual Misconduct Policy for Faculty, Staff, and Students.

I am a party in a Title IX offense case. How will I know whether the allegations in the case have been designated as Sexual Harassment (Title IX) conduct?

When the Title IX Coordinator receives an official complaint, notice will be provided to the parties in writing of, among other things, the decision about whether to accept the complaint and designate the alleged prohibited conduct as Sexual Harassment (Title IX) conduct, the reasons for this decision, and the parties’ right to appeal the decision.

I am a party in a Title IX offense case. Can I appeal the Title IX Coordinator’s decision to designate, or not to designate, the reported conduct as Sexual Harassment (Title IX) conduct?

Yes. Any party may appeal the Title IX Coordinator’s written decision to designate the alleged prohibited conduct as Sexual Harassment (Title IX) conduct or its decision to not make that designation.

What information does the Appellate Officer consider when deciding an appeal?

In most cases, the appellate review is limited to review of the written decision and the appeal and response documents submitted by the parties. There is not a separate or second hearing.

Can you provide an example of the difference between Title IX sexual misconduct and sexual misconduct that is not Title IX designated?

Yes. A sexual assault that occurs during a study abroad trip would not be covered by Title IX, however, such an assault is prohibited and would be covered by either the Code of Student Conduct or the policy on Discrimination and Harassment (Policy 830)

Reporting Sexual Misconduct FAQ

How do I report Sex Discrimination involving either myself or another person?

You should report any sexual misconduct or discrimination to Richard Anthony Baker, Rice’s Title IX Coordinator.

Contact Information for the Title IX Coordinator:
Name: Richard Anthony Baker
Address: 6100 Main Street MS130 Houston, Texas 77005
Email Address: Richard.A.Baker@rice.edu
Telephone Number: (713) 348-6405

Such a report may be made at any time (including during non-business hours), by phone or email, or by interoffice or U.S. mail to the office address listed for the Title IX Coordinator.

What will the Title Coordinator do with my report?

The Title IX Coordinator will immediately review the allegations and provide the required notices as required under the Sexual Misconduct Policy for Faculty, Staff, and Students. The Title IX Coordinator will also assist the complaining party (the person affected by the misconduct) with appropriate interim measures or other accommodations that are reasonably available to protect the safety and well-being of both the complainant and the respondent (the person accused of misconduct), potential witnesses to the misconduct, and the campus community. The Title IX Coordinator can also provide a referral to the SAFE office for students to receive counseling and other supportive measures and can assist the complaining party in filing a criminal complaint if the complaining party elects to do so.

Who can make a report of sexual misconduct?

While it should be noted that all Rice employees are mandatory reporters who MUST report sexual misconduct to the Title IX Coordinator, any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator.

If I am not a Rice employee, who can I make my report to?

If you are a student, you may report confidentially to the Rice Counseling Center at
The Barbara and David Gibbs Wellness Center, 1st floor
Hours: 9 AM - 5 PM, Monday through Friday
Phone: (713) 348-3311 (24/7)
Fax: (713) 348-5111 or visit
https://wellbeing.rice.edu/counseling-center/about-us

To report sexual misconduct, the following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:
● Title IX Coordinator or Deputy Title IX Coordinators;
● Access, Equity and Equal Opportunity personnel; (https://aeeo.rice.edu)
● Human Resources personnel; (https://people.rice.edu)
● Student Judicial Programs; (https://sjp.rice.edu)
● SAFE Office Personnel; (https://safe.rice.edu)
● Rice Wellbeing and Counseling Center; (https://wellbeing.rice.edu)
● Any Magister, Residential Associate or other personnel of the college system;
● Rice University Police Department https://rupd.rice.edu; and
● Faculty, administrators, and other employees of Rice.

To make an anonymous report, please go to EthicsPoint, Rice’s online anonymous reporting hotline at www.rice.edu/ethics. The website includes frequently asked questions and a link to Rice policies. To contact EthicsPoint by phone, call 866-294-4633. Operators can take reports in English or Spanish, and arrangements can be made to take reports in other languages if needed.

If I am not a Rice employee, can I make an anonymous report?

Yes. You may make an anonymous report through the EthicsPoint Hotline. To contact EthicsPoint online, visit www.rice.edu/ethics. The website includes frequently asked questions and a link to Rice policies. To contact EthicsPoint by phone, call 866-294-4633. Operators can take reports in English or Spanish, and arrangements can be made to take reports in other languages if needed.

If you were subjected to the harassment you are not required to make a report regarding your own harassment (however you are encouraged to do so). You also may make a confidential report to any confidential resource on campus such as a religious or professional counselor. If you wish to confidentially discuss an incident involving yourself, you should contact the Wellbeing and Counseling Center at 713-348-3311. The hotline is available 24/7.

All other Rice employees are required to report any allegations of sex discrimination to the Title IX Coordinator who is then required to engage in the process outlined in the Sexual Misconduct Policy, which may include an investigation. During the investigation, Rice will protect the privacy of all individuals involved in a report of sex discrimination in a manner consistent with its need to investigate the allegations.

Am I protected if I make a report of sexual misconduct?

Yes. Any individual who brings a claim involving sex discrimination in good faith, even if the case is later dismissed or found “not in violation”, will not be subject to discipline. Additionally, Rice University strictly prohibits retaliation against any person reporting sex discrimination as well as any person participating in the investigation process. Any member of the Rice community who attempts to interfere with a good-faith report of any individual responsibly pursuing a complaint or participating in a complaint investigation will be subject to prompt and appropriate disciplinary action. Any retaliatory conduct should be reported immediately to the Title IX Coordinator.

Does Rice have to investigate a report or a complaint of sexual misconduct even if the person allegedly injured refuses to cooperate with the investigation?

Rice will carefully review all complaints even if the party who suffered the discrimination chooses not to participate in the investigation. If the person who is alleged to have suffered discrimination chooses not to participate in the investigation or asks that Rice not investigate the matter, the Title IX Coordinator will balance that request against the college’s obligation to provide a safe and non-discriminatory environment for all students, faculty, and staff. If the party who is alleged to have suffered discrimination chooses not to participate, that may limit Rice’s ability to address the discrimination or take other measures.

I am a Magister or residential associate (RA) in a residential college. What are my reporting obligations?

Magisters and RAs are considered mandatory reporters and are required to report prohibited conduct that you learn about in the course of your role. If you have questions about whether you learned about prohibited conduct in the course of performing your duties, please contact the Title IX Coordinator for guidance.

I am a adjunct or visiting faculty member. What are my reporting obligations?

Adjunct or visiting faculty members are considered mandatory reporters pursuant to this policy. Therefore, you are required to report prohibited conduct that you learn about in the course of performing your duties with Rice. If you have questions about whether you should report prohibited conduct, please contact the Title IX Coordinator.

I am both a Rice student and an employee. What are my reporting obligations?

Student employees are exempt from the reporting requirement when they learn about prohibited conduct (however, they are encouraged to report)

I am a graduate student who is also employed as a research assistant in a lab. While I was working in the lab, another research assistant working in the lab told me that they were sexually assaulted last weekend. Do I have a reporting obligation here?

As a student employee, you do not have a reporting obligation if you do not formally or informally supervise, advise, and/or instruct the other research assistant, even if you had this conversation during work hours. If you are unclear about whether you need to report prohibited conduct, please contact the Title IX Coordinator for guidance.

Even if you are not required to report, you are strongly encouraged to provide the research assistant with information about resources for counseling, advocacy services and investigations. The Title IX Coordinator and the SAFE Office can provide you with this information.

I hold a leadership position in the Student Association, college governance, or a Rice University student organization. Am I required to report prohibited conduct?

No. Leaders of student organizations are not considered employees pursuant to this policy. Therefore, you are not required to report prohibited conduct that you learn about in the course of your leadership role. If a student discloses prohibited conduct to you, you are strongly encouraged to provide this student with information about resources for counseling, advocacy services and investigations. The Title IX Coordinator and or the SAFE Office can provide you with this information.

Mandatory Reporter FAQ

When are Rice employees required to report sexual misconduct to the Title IX Coordinator?

If any Rice employee receives information that may implicate the Sexual Misconduct Policy for Faculty, Staff, and Students, they MUST report what they know to the Title IX Coordinator. The penalties for lack of reporting, or not reporting in a timely fashion, are very severe and not at the discretion of the University. As mandated by state law, the penalty to all employees, including faculty is TERMINATION, irrespective of tenure status.

The mandatory reporter requirement is mandated by Texas state statutes (SB212 and HB1735) as passed in the 2018 legislative session.

Are university peace officers required to report to the Title IX Coordinator? If yes, when and under what circumstances?

Yes. There is no reporting exemption in the Texas statute for certified peace officers. Peace officers are required to promptly report to the Title IX Coordinator when they witness or receive information (e.g. police report) that the peace officer “reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking”. However, Title IX coordinators should be sensitive to cases involving a potential or active criminal investigation and temporarily delay actions that may impede or prejudice a criminal investigation and rights of the parties involved.

What if two employees receive the same information about an alleged incident of reportable conduct (e.g. sexual harassment, sexual assault, dating violence, or stalking), and only one of the employees submits a report to the Title IX Coordinator? Is the “non-reporting” employee automatically investigated for allegedly failing to report to the Title IX Coordinator?

No. When it is alleged that an employee did not promptly report to the Title IX Coordinator, the Title IX Coordinator should review the initial report submitted on the alleged incident and any relevant information of the alleged failure to report, using a “reasonable person standard” to determine if a referral should be made to proper authorities for possible prosecution. The Title IX Coordinator’s review should consider circumstances in which two or more employees receive the information simultaneously or in the course of providing services for which multiple reports are not required by law, e.g. counseling center receptionist, caseworker, and counselor.

Financial aid staff receives financial aid applications, appeal requests, and other types of financial aid information in which students might disclose “sexual trauma” or other alleged incidents of reportable conduct as an explanation for financial need, financial aid appeals, etc. Are financial aid staff required to report to the Title IX Coordinator?

Yes. The law applies to financial aid employees in the course and scope of employment of postsecondary educational institutions. Such employees should be properly trained to understand and act upon observing or receiving information on a reportable incident.

What if a student or employee discloses an alleged incident of reportable conduct to an employee for purposes other than directly reporting an incident? Are there “extenuating circumstances” that would exempt an employee from being required to report to the Title IX Coordinator?

No. The law requires employees to promptly report reportable incidents to the Title IX Coordinator. Students are not required to report incidents under the law.

Are university clergypersons exempt from being required to report to the Title IX Coordinator? If yes, under what circumstances?

No. However, when clergy receive information constituting a reportable incident while acting in their clergy capacity, they must promptly report only the type of incident and no other details received from an individual providing the information with an expectation of confidentiality. Clergy who observe or receive information about a reportable incident when not acting in their clergy capacity, must report all relevant information about the incident, as must most all other employees. The same exception applies to employees who have confidentiality or privilege duties under law, e.g. healthcare providers and counselors.

Are employees required to report to the Title IX Coordinator if a reportable incident allegedly occurred off-campus? Or what if the reported incident was allegedly committed by a nonaffiliated person of the university?

Yes. If the reported incident is “alleged to have been committed by or against a person who was a student enrolled at or an employee of the institution at the time of the [alleged] incident” must promptly report to the Title IX Coordinator. The location or date of a reportable incident does not exempt the reporting duty. Confidential reporting requirements are also still applicable.

How do the employee reporting requirements affect the confidentiality and privacy of human subjects in research studies?

Depending upon the terms and conditions of a project, researchers may enjoy confidential status under the law. Rice may also designate researchers “with whom students may speak with confidentially” in the course of participating as human subjects in research studies. If a researcher is designated as confidential, then they would follow the reporting requirements of confidential employees. If a researcher is not designated confidential by the institution, then they are required to report to the Title IX Coordinator all information known.

Do I have a reporting obligation if a student disclosed to me that they experienced prohibited conduct and I know the student went to the police and is working with the victim-survivor advocacy office or another personal support resource?

Yes. Employees are required to report allegations of prohibited conduct to the Title IX Coordinator, even if the police are involved (a police investigation is separate from the Title IX Coordinator’s investigation) and even if the complainant is known to be receiving personal support.

Do I have a reporting obligation if a student disclosed to me that they experienced prohibited conduct by a stranger while they were studying abroad on a Rice University program event or activity?

Yes. The study abroad program is considered a University program. Although the University may not be able to investigate the allegation, the disclosure will permit the University to fulfill its obligations to provide the complainant with information about resources available to them. Also, the disclosure may permit the University to take actions such as conducting a review of a study abroad program’s policies and procedures, reviewing safety measures, or providing additional training or education.

Do I have a reporting obligation if an employee disclosed to me only that they were sexually assaulted?

Yes. Employees are required to report allegations of sexual assault to the Title IX Coordinator if it is possible that the sexual assault: (1) occurred on University property; (2) occurred during a University employment or education program or activity; (3) was directed at a current member of Rice at the time they were also a member of Rice; or (4) was committed by a current member of Rice at the time they were a member of Rice. In most cases, employees will need to report to the Title IX Coordinator because they will have insufficient information about a particular allegation to be certain that it does not need to be reported.

A student told me they were “assaulted last weekend and require accommodations.” Do I have a reporting requirement?

Likely yes. You are required to report if you know or reasonably should know that prohibited conduct may have occurred. Here, the student did not specifically mention that the assault was sexual in nature. However, given the context, it is reasonable to believe that the student may have been sexually assaulted, and therefore you should report. If the student provided additional context that would lead a reasonable person to believe that the assault was not sexual in nature, you do not need to report.

Do I have a reporting obligation if a student disclosed to me that they were sexually assaulted in the past (before coming to the University of Rice) by someone who is not a University member?

No. In this situation you do not need to report the prior assault. You are strongly encouraged to provide this student with information about resources for counseling and advocacy services. The Title IX Coordinator and the SAFE office can provide you with this information.

Do I have a reporting obligation if a student discloses prohibited conduct to me in a written assignment?

Yes. Unless the student disclosed the information at a public awareness or prevention event against sexual misconduct, employees are required to report allegations of prohibited conduct to the Title IX Coordinator if they learn about in the course of performing their employment duties, regardless of how they learn about these allegations.

I conduct research in the area of prohibited conduct. Will these reporting obligations affect my research and ability to promise confidentiality to research subjects?

Disclosures made by research subjects in the context of a research project do not trigger reporting obligations. If you believe that a research project may elicit personal accounts of prohibited conduct, you should make clear to research participants in advance that disclosures made during the research project are not considered notice to Rice. You should provide research participants with information about resources for counseling, advocacy services and investigations. The Title IX Coordinator can provide you with this information.

If prohibited conduct occurs off-campus, does it need to be reported to the Title IX Coordinator?

Yes, if either the respondent or complainant is a current member of Rice or if the prohibited conduct may have occurred in the context of a Rice University program or activity. In most cases, employees will need to report to the Title IX Coordinator because they will have insufficient information about a particular allegation to know that it does not need to be reported.

A student informed me that they had an abusive relationship with another Rice student in the past but assured me that there is no continuing abuse. The last incident of violence occurred six months ago, while both were students at Rice. Am I required to report this?

Yes. Employees are required to report allegations of relationship violence to the Title IX Coordinator when the respondent and/or complainant are member of the Rice community at the time the relationship violence incident occurred.

At a public awareness or prevention event against sexual misconduct, in front of a big crowd, a student announced that they have experienced stalking. Am I required to report this?

No. When a student discloses prohibited conduct at a public awareness or activism event or in other public forums where people are disclosing their experiences with prohibited conduct, you do not need to report to the Title IX Coordinator.

During an in-class discussion, a student disclosed that they were recently sexually assaulted. Am I required to report this?

Yes.

Are faculty members required to report disclosures made by students during office hours, in emails, or in other conversations or correspondence?

Yes.

I am an employee of the University. When do I learn about prohibited conduct “in the course of performing my job duties?”

In general, as an employee, you learn about prohibited conduct “in the course of performing your job duties” when you learn about prohibited conduct while at work and while otherwise performing job duties, including off-campus and outside of normal work hours.

What happens when a report is made to the Title IX Coordinator?

The Title IX Coordinator or their designee (likely personnel from the SAFE Office) will reach out to the complainant (usually via email) to provide resources for personal support and investigation and other information.

In most cases of alleged prohibited conduct involving a student respondent, the Title IX Coordinator will not initiate a grievance process if the complainant does not want to initiate one. In very limited circumstances, the Title IX Coordinator may initiate a complaint despite a complainant’s desire not to initiate one. For example, the Title IX Coordinator may initiate a complaint if it has sufficient information about the alleged prohibited conduct and if the respondent is an employee or grievance process is required to maintain a safe and nondiscriminatory campus environment.

If a report of prohibited conduct is made to the police, will this information be shared with the Title IX Coordinator?

If it is the Rice University Police Department, yes. When a complainant files a report with the local police that is not a university affiliate, the police do not always forward the report to the Title IX Coordinator for investigation. However, any report made available to the Rice University Police Department may forward a prohibited conduct report to the Title IX Coordinator.

If a report of prohibited conduct is made to the Title IX Coordinator, will this information be shared with the police?

The Title IX Coordinator does not report prohibited conduct to the police unless required to do so by law (e.g., if the information is subpoenaed or involves a minor). Rather, the Title IX Coordinator encourages complainants to report to the police and informs them that individuals from the various campus personal support resources for complainants can assist them in making a police report.

If I report prohibited conduct to the Title IX Coordinator, will my identity be disclosed to anyone?

The Title IX Coordinator prefers to share the reporter’s identity with the complainant so that the complainant understands how the Title IX Coordinator received the information that the complainant may have experienced prohibited conduct. However, the Title IX Coordinator will work with the reporter to address the situation in the most sensitive manner possible. In certain circumstances where the reporter has a legitimate need to remain confidential, the Title IX Coordinator may have the discretion to keep the reporter’s identity confidential.

However, if the complaint process is initiated, the parties will be provided all information gathered that is directly related to the allegations, which is likely to include records of the reporter’s communications with the Title IX Coordinator.

Should I advise students of my reporting obligations in advance?

Yes. If you interact with students regularly, you should notify them about your obligations to report prohibited conduct to the Title IX Coordinator. This may be done in many ways including, but not limited to, in one-on-one meetings with students, group meetings, and course syllabi.

Is there sample syllabus language that I can use?

Example One
Rice University cares about your wellbeing and safety. Rice encourages any student who has experienced an incident of harassment, pregnancy discrimination or gender discrimination or relationship, sexual, or other forms interpersonal violence to seek support through The SAFE Office. Students should be aware when seeking support on campus that most employees, including myself, as the instructor/TA, are required by Title IX to disclose all incidents of non-consensual interpersonal behaviors to Title IX professionals on campus who can act to support that student and meet their needs. For more information, please visit safe.rice.edu or email titleixsupport@rice.edu.

Example Two
At Rice University, unlawful discrimination in any form, including sexual misconduct, is prohibited under Rice Policy on Harassment and Sexual Harassment (Policy 830) and the Student Code of Conduct.

Please be aware that all employees of Rice University are “mandatory reporters,” which means that if you tell me about a situation involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, I must share that information with the Title IX Coordinator.

Although I have to make that notification, you will determine how you want to participate or not, including whether or not you wish to pursue a formal complaint. Our goal is to make sure you are aware of the range of options available to you and have access to the resources you need.

To report sexual harassment, please contact the Title IX Coordinator at titleix@rice.edu. To explore supportive measures and other resources that are available to you, please visit the Office if Interpersonal Misconduct Prevention and Support at https://safe.rice.edu.

Example Three
Rice University recognizes the inherent dignity of all individuals and promotes respect for all people. As such, Rice is committed to providing an environment free of all forms of discrimination including sexual misconduct and violence like sexual assault, dating violence, and stalking. If you (or someone you know) has experienced or is experiencing these types of behaviors, know that you are not alone. Resources and support are available: you can learn more at titleix.rice.edu. Please know that if you choose to confide in me I am required by the university to share your disclosure to the university’s Title IX Coordinator to be sure you are connected with all the support the university can offer. You choose whether or not you want to meet with these offices. You can also make a disclosure yourself here, or anonymously, here.

What will happen if I do not report prohibited conduct as I am required to do?

If you do not report this information to the Title IX Coordinator, the impacted person may not receive important information about the resources available for personal support and investigation.

In addition, when an employee fails to report prohibited conduct to the Title IX Coordinator, the Title IX Coordinator may share the employee’s failure to report with the employee’s supervisor or department head so that appropriate responsive action can be taken.

As required by Texas law, purposefully failing to disclose information will result in termination.

Does the University offer training for departments or colleges related to employee reporting obligations?

Yes. Please contact the Title IX Coordinator for more information about training options on each campus.

Do my reporting obligations change if a student who disclosed that they experienced prohibited conduct is under the age of 18?

Yes. Prohibited conduct involving a minor may be child abuse. Therefore, you are obligated to not only report this prohibited conduct to the Title IX Coordinator, but also to report to the local police department (including the Rice University Police Department), county sheriff or local social services agency within 24 hours. For additional information about your obligation to report prohibited conduct involving a minor, please see Policy 811: University Programs or Activities Involving Minors https://policy.rice.edu/811

Supportive Measures FAQ

What resources are available to victims of sex discrimination, including sexual violence?

There are many community resources available to victims of sexual violence, stalking, dating violence, and other conduct that may violate Title IX. Victims are encouraged to report crimes to the Rice University Police Department at 713-348-6000 (24/7) Rice University’s SAFE Office: Interpersonal Misconduct Prevention and Support, offers care management and navigation to students who are reporting an incident of interpersonal violence perpetrated against them and to students who have been accused of perpetrating interpersonal violence. The Office also provides prevention education to the Rice community on sexual and domestic violence, sexual harassment, stalking and Title IX and Clery Act requirements. The SAFE Office offers assistance with: emotional support, education on healthy relationships, consent, and interpersonal violence dynamics, safety planning, information on reporting options, accompaniments to appointments, assistance with supportive measures, referrals to on and off campus resources, navigation support for reporting and responding students in Title IX related investigations and hearings. All services are provided at no cost to the student. To contact the SAFE Office, please call 713-348-3311 (24/7). The Title IX Coordinator will assist victims of sex discrimination in contacting any of the above agencies.

Is Rice legally required to provide supportive measures?

Complainants who report allegations that could constitute covered sexual harassment under this policy have the right to receive supportive measures from Rice, regardless of whether they desire to file a complaint. These supportive measures may include: counseling, no contact order, academic support (including extensions or modifications), change in housing, change in on-campus work schedule, campus escort service, leave of absence, etc., as appropriate. Supportive measures are non-disciplinary and non-punitive.

Can the University provide me with supportive measures? What about my housing situation and my classes?

Yes. All parties can request supportive measures from the University that are designed to promote their safety, wellbeing and continued access to employment and educational programs and activities. Possible supportive measures include, but are not limited to: residence modifications, academic modifications, work schedule or location modifications, and support and counseling. For example, you can request to change your living situation or to reschedule an exam or assignment.

All parties can request these supportive measures by contacting the Title IX Coordinator or the SAFE Office.

Complainants can request and receive supportive measures even if they choose not to initiate a grievance process.

Can the University move a respondent from a class or residence hall room as a supportive measure for the complainant during an investigation?

The University cannot implement supportive measures on behalf of a complainant that unreasonably burden a respondent unless a final decision has been made that the respondent violated this policy. However at a complainant’s request, the University can generally move a complainant from a class or residence hall as a supportive measure. Additionally, the University and parties may agree on any other measures that may be helpful to the parties.

What supportive measures are available to employees?

Employees may request supportive measures from the Title IX Coordinator. Such measures may include temporary location changes or no contact orders.

Additionally, with the Employee Assistance Program (EAP), Rice employees and their loved ones can access free, convenient, and confidential services on a variety of different topics. Some of the services Rice’s EAP offers include counseling sessions with a licensed mental health professional, legal and financial resources, WorkLife referrals, and more. All EAP services are private and completely confidential, and are available to you, your family members, dependents, or anyone significant in your life.

The Rice University EAP is administered by the University of Texas’ Employee Assistance Program (UTEAP), located in the Texas Medical Center. UTEAP provides experienced consultants offering face-to-face sessions on specific issues, free informational booklets, audio recordings, and referrals to resources and services in your community. Every Rice employee (including anyone significant in your life), has access for 3 free counseling sessions per issue, in addition to the other resources available online. Rice’s EAP is available to assist you 24 hours a day, 7 days a week.

You may contact a UTEAP consultant at (713) 500-3327 or toll-free at (800) 346-3549 24 hours a day, 7 days a week. Alternatively, you may access Rice’s EAP online portal (Username: owls; Password: owls) to take advantage of helpful resources.

If you have any questions about this program, please contact us at (713) 348-4791 or email Employee Relations at hrbp@rice.edu.

I am a complainant. How do I get a Personal Protection Order?

The Title IX Coordinator and the SAFE Office can assist you in completing an application for Personal Protection Orders and with other safety planning.

Retaliation FAQ

Is it retaliatory for a respondent to contact a complainant during the grievance process?

Depending on the nature of the contact, a respondent’s contact with a complainant could be retaliation in violation of University policy. Therefore, we advise against it. In addition, a respondent’s contact with a complainant during the grievance process into the complainant’s concerns could undermine the integrity of that grievance process.

Where ongoing contact between the parties is necessary and appropriate, the Title IX Coordinator can help put measures in place to mitigate that contact. For example, in some cases involving coworkers, it might be necessary and appropriate for the parties to continue some contact in the employment setting. In these cases, the Title IX Coordinator may help implement requirements that a third party be present during meetings or be copied on emails between the parties, or some other intervention.

Is it retaliation for a complainant to publicly state that the respondent engaged in prohibited conduct?

Generally, Rice University will not unduly restrict the ability of either party to discuss the allegations, events, or their own personal experiences, verbally or in writing, including public statements or social media. However, Rice University prohibits behavior that rises to the level of continued unlawful harassment or retaliation against a party or a witness.

Can a respondent retaliate against a complainant even if it is determined in the grievance process that the respondent did not violate the prohibited conduct policy as the complainant alleged?

Yes. Retaliation against a complainant for making a prohibited conduct report is prohibited even if it was determined that the respondent did not engage in prohibited conduct in violation of Rice policy.

Does the retaliation policy apply to witnesses?

Yes. Witnesses are protected from being retaliated against for their participation in a grievance process, or decision not to participate in a grievance process. Witnesses are also prohibited from engaging in retaliation against others.

What should I do if I believe I am being retaliated against?

We encourage you to contact the Title IX Coordinator if you believe you are experiencing retaliation. Employees may also contact their supervisor or Human Resources.

Sexual Misconduct Policy FAQs for Students

What is the purpose of the Sexual Misconduct Policy for Faculty, Staff and Students?

Rice prohibits all forms of sexual misconduct, including sexual harassment, sexual assault, dating violence and stalking. When a Rice student or employee is reported to have committed sexual misconduct, that report will be reviewed under the Code of Student Conduct and/or the Sexual Misconduct Policy for Faculty, Staff and Students (“Policy”). The Policy is intended to further explain the different options for resolving reports of sexual misconduct and relationship violence, and to detail how complainants and respondents can access all of the available resources, both at Rice and off-campus.

What is included in “sexual misconduct”?

Sexual misconduct is a broad, umbrella term that includes numerous specific behaviors. Examples of these prohibited behaviors can range in severity from unwelcome verbal comments of a sexual nature, to nonconsensual sexual intercourse. The defined prohibited behaviors in the Policy include:

  • Sexual Assault
  • Sexual Harassment
  • Dating Violence
  • Stalking
  • Non-consensual sexual touching or kissing
  • Sexual exploitation

While none of these behaviors are tolerated at Rice, the level of severity varies, as will the level of sanctions in a university disciplinary context.

Why does the Policy talk sometimes about “sexual harassment” and sometimes about “sexual assault”?

Federal and state laws prohibit discrimination on the basis of sex. Sexual harassment is a form of sex discrimination, and sexual assault is considered to be a form of sexual harassment.

What are the different options for reporting sexual misconduct and relationship violence?

To report confidentially, please contact the Rice Counseling Center at
The Barbara and David Gibbs Wellness Center, 1st floor
Hours: 9 AM - 5 PM, Monday through Friday
Phone: (713) 348-3311 (24/7)
Fax: (713) 348-5111 or visit
https://wellbeing.rice.edu/counseling-center/about-us

To report sexual misconduct, the following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:

To make and anonymous report, please go EthicsPoint, Rice’s online anonymous reporting hotline at www.rice.edu/ethics. The website includes frequently asked questions and a link to Rice policies. To contact EthicsPoint by phone, call 866-294-4633. Operators can take reports in English or Spanish, and arrangements can be made to take reports in other languages if needed.

Why does Rice separate sexual misconduct into two different categories of behavior?

Title IX is a federal regulation that details specific requirements for how Rice responds to a list of defined types of sexual misconduct. Certain types of sexual misconduct fall under Title IX and must be resolved according to the procedures required by that law, as detailed in the Policy. Other types of sexual misconduct that do not fit into the definitions articulated in language of Title IX are still prohibited at Rice, but will be addressed according to the procedures in the Code of Student Conduct. At Rice, student behavior that is resolved according to the Policy is called “Sexual Misconduct (Title IX),” and student behavior that is resolved according to the Code of Student Conduct is called “Sexual Misconduct (non-Title IX).” Regardless of the category of behavior, when a student is reported to have engaged in the behavior, Student Judicial Programs will investigate the behavior. The process for adjudicating the report of the behavior will differ based on the type of behavior reported, as described below.

What type of behavior is “Sexual Misconduct (non-Title IX)”?

Sexual Misconduct (Non-Title IX) is unwelcome conduct of a sexual nature that is not explicitly prohibited under Title IX. This includes any conduct that is reasonably regarded as offensive and has the purpose or effect of substantially interfering with the educational opportunities of students or creating an intimidating, hostile, or offensive educational environment. Specifically, prohibited Sexual Misconduct (Non-Title IX) includes:

  • Continued unwelcome contact, advances, or requests that are sexual in nature
  • Unwelcome verbal or physical behavior that is sexual in nature
  • Non-consensual touching or kissing (that does not meet the definition of fondling),
  • Sexual exploitation
  • Lewd or inappropriate sexual verbal comments, or online postings
  • Sexual harassment that does not meet the definition under Title IX, but that still rises to the level of severe, pervasive, or objectively offensive

Sexual Misconduct (non-Title IX) would also include sexual misconduct that occurs off campus or outside of the United States (for example, while a student is participating in a Study Abroad or Alternative Spring Break program).

How is “Sexual Misconduct (non-Title IX)” handled at Rice?

The complainant is not obligated to move forward with the disciplinary process after filing a formal complaint. Complainants can consult with SJP about disciplinary options prior to deciding whether or not to move forward with the university disciplinary process.

For behavior that is defined as Sexual Misconduct (non-Title IX), an investigation typically involves one or more meetings with the complainant, the respondent, any witnesses, and an opportunity for each party to submit further information for consideration. The SJP staff member investigating the matter will make a determination of whether to charge the respondent under the Code of Student Conduct, whether (based on a preponderance of the evidence) a violation occurred, and what sanction will apply if a respondent is found In Violation. Students should be aware that when a formal SJP disciplinary process commences, all complainants and respondents involved will be notified of the existence of the proceeding, and the respondent will have access to the identity of the complainant. There is no hearing requirement for Sexual Misconduct (non-Title IX), unless it is determined that the Sexual Misconduct (non-Title IX) also involved reported behavior that would fall under the definition of Sexual Misconduct (Title IX) under the Policy.

What type of behavior is “Sexual Misconduct (Title IX)”?

The Policy lists defined offenses that constitute Sexual Misconduct (Title IX). The definitions of these offenses are proscribed by the language in the federal regulation and cannot be revised. These defined offenses include sexual assault, sexual harassment, dating violence, domestic violence and stalking. Please see section II of the Policy for the specific parameters of these listed offenses.

The Policy also includes geographic boundaries on what constitutes Sexual Misconduct (Title IX). Only sexual misconduct that occurs within Rice’s educational programs and activities and within the United States will be resolved through the formal complaint processes described in the Policy.

Rice will continue to address sexual misconduct that occurs off campus or outside of the United States, but the resolution for those complaints will be investigated and adjudicated according to the procedures in the Code of Student Conduct. There is more information about this process below.

How is “Sexual Misconduct (Title IX)” by a student handled at Rice?

The first step in the process related to allegations in a formal complaint of Sexual Misconduct (Title IX) will be handled through the formal grievance process outlined in section IV. of the Policy. The formal grievance process begins with an investigation of the reported behavior by the staff in Student Judicial Programs (please see question below with more information about the steps in an investigation). Once the investigation has closed, the investigator will submit a report of the information that was gathered and any findings of fact. The parties will have the opportunity to view the investigation report and submit responses to the information.

Next, all of the information gathered in the investigation, including all of the written statements and responses by the parties, and the investigation report, will be sent to the hearing officer for review. The hearing officer will schedule a date for the hearing and notify all parties. The parties will be required to notify and request the presence of any witnesses that each party plans to include in the hearing. At the hearing, the hearing officer will ask questions of the parties and the witnesses based on the findings of the investigation. The parties will have the opportunity to cross examine (ask questions) of the other party and the witnesses. This questioning will be done through an advisor of the party’s choice and is limited only to questions deemed relevant by the hearing officer.
After the conclusion of the hearing, the hearing officer will write a decision that includes the finding of In Violation or Not in Violation, the reasoning behind that finding, and any sanctions that apply. That decision will be sent to the parties.

Finally, the parties will have the opportunity to appeal the decision of the hearing officer. For undergraduate students, that appeal is decided by the Dean of Undergraduates, and for graduate students, that appeal is decided by the Dean of Graduate and Postdoctoral Studies.

What if the alleged conduct falls under both policies (e.g., multiple acts of dating violence that occurred both on and off-campus)?

When an initial assessment or investigation of the reported behavior indicates that both the Sexual Misconduct (Title IX) and Sexual Misconduct (Title IX) are at issue, the grievance process, including the live hearing component, under the Sexual Misconduct Policy for Faculty, Staff and Students will apply to all allegations.

Does Student Judicial Programs make the decision as to whether a respondent violated a Rice policy when the respondent is accused of Sexual Misconduct (Title IX)?

No. The decision of responsibility and any sanctions related to an accusation of Sexual Misconduct (Title IX) will be decided by the hearing officer after the hearing is complete.

Can I bring someone with me to the meetings with the investigators about my case?

Both the complainant and the respondent have the option to bring their assigned Resource Navigator from the SAFE Office and a support person of their choice to the meetings about their case. In cases involving Sexual Misconduct Title IX, this support person may be the same person that the party has identified as their advisor. These conversations have a tendency to be especially difficult for the students involved, so the role of the support person is to provide emotional support and listen to the information discussed in the meeting with the investigator. Having another person to talk to later, who heard the same information, may be helpful and supportive to the involved students. The support person should act as a second pair of ears and shoulder to lean on. Support persons will not be permitted to actively participate in the discussion between the SJP staff member and party. If a student intends to bring a support person or an advisor to a meeting, the student should let SJP know they are planning to bring someone and who that person is. For more information on the role of the support person in a disciplinary meeting, please see section IV.I. of the Policy.

Who can be an advisor for students going through the formal grievance process in a case involving Sexual Misconduct (Title IX)?

Students can select the advisor of their choosing. That person can be a friend, a family member, someone from within the Rice community, or an attorney. Once a formal complaint is contemplated or filed by a student, both the complainant and the respondent will receive a list of advisors that have been trained on the details of the grievance process at Rice. There will also be a list of advisors that are attorneys that Rice will provide to students should a student like to work with an attorney advisor during the hearing.

Will students have to pay for an attorney or an advisor? What if the student can’t afford to pay for an attorney?

No; students involved in formal complaints related to Sexual Misconduct (Title IX) under the Policy will have an opportunity to select an advisor from the list provided free of charge. Students that would like the assistance of an attorney advisor in the hearing will be given the opportunity, prior to the hearing, to select from a list of attorneys that have agreed to participate in the hearing at no charge to the student.

Can students use attorneys as advisors in any other type of disciplinary proceeding, other than the formal grievance process related to accusations of Sexual Misconduct (Title IX)?

In cases involving Sexual Misconduct (non-Title IX), students may use attorneys as their support persons, however the attorney will not have any type of participatory role in the process. Students will be expected to speak on their own behalf, submit statements or responses written on their own, and communicate with the Rice staff working to resolve their case.

What will a hearing look like and will I have to be in the same room as the complainant/respondent?

For more about the hearing procedures, please link to the Sexual Misconduct Policy for Faculty, Staff, and Students Adjudication Procedures here.

What if a complainant does not want to pursue a process that results in a full investigation and/or live hearing? Are there any other options for resolution?

When both parties are students, an informal resolution may be a possible avenue to resolving a formal complaint. In order to pursue an informal resolution, both the complainant and the respondent must voluntarily agree in writing to attempt a resolution outside of the formal grievance and disciplinary processes. Informal resolution may encompass a range of conflict resolution strategies, including voluntary resolution agreements or restorative practice activities. Through Informal Resolution, the parties (including Rice) may agree to any reasonable resolution to the complaint including (but not limited to) termination or withdrawal, no contact orders, location restrictions, education or training, or restorative justice activities.

Do I have to file a formal complaint to receive supportive measures?

No. Students may receive supportive measures without filing a formal complaint. Examples of supportive measures include changing residential colleges, safety planning, communicating with magisters or professors, receiving extensions on assignment deadlines, etc.

How long does the formal grievance process for Sexual Misconduct (Title IX) process last? What about for Sexual Misconduct (non-Title IX) under the Code of Student Conduct?

Rice will be as expeditious as possible in the investigation and hearing process, consistent with the need to conduct a fair, complete, and impartial investigation and, if required, hearing. The parties may request, and the university may extend, any timeframe in the Code of Student Conduct or the Policy for good cause.

There are more steps in the Title IX formal grievance process. Coordinating with the hearing officer and scheduling all involved parties for a hearing may take some time. These steps are not necessary when pursuing a formal complaint under the Code of Conduct for Sexual Misconduct (non-Title IX), so the timeline for those cases will likely be shorter, generally sixty to ninety days.

What are the possible sanctions for a student found In Violation for sexual misconduct under the Policy or the Code of Student Conduct?

Sexual misconduct is an umbrella term that includes a list of named offenses. These offenses can range from unwelcome verbal sexual harassment, to the most dangerous forms of non-consensual sexual assault. For less severe violations of the Policy or the Code of Student Conduct, Rice uses a wide range of sanctions to address unacceptable behavior. The sanctions for each respondent found In Violation will be focused on the safety of the complainant, and the broader university community.

How do I appeal a decision?

If the respondent is an undergraduate student, the appeal will be directed to the Dean of Undergraduates. If the respondent is a graduate student, the appeal will be directed to the Dean of Graduate and Postdoctoral Studies. There are specific rules and grounds for appeal in the Policy and in the code of Student Conduct, but as a general rule, the appeal process is facilitated through written submissions.

What kind of training are investigators required to have in order to fulfill their job responsibilities related to the Title IX formal grievance process?

Rice provides appropriate training for the individuals involved in investigations, hearings or appeals. This training includes information regarding the Title IX definitions, the scope of Rice educational programs and activities, trauma informed responses, and how to serve impartially without bias towards either complainants or respondents. Additionally, individuals will be trained on investigations, relevancy and informal resolution. Training materials used for training investigators and other participants in the process will be posted at https://titleix.rice.edu.

What if I experienced a particularly uncomfortable incident, but I am not sure that any Rice policy applies to my experience? Do I have to determine which policy or procedure applies before reporting this incident?

If a student is unsure whether a particular experience constitutes sexual misconduct, Rice encourages that person to seek information about the available resources at Rice that can help. Students with questions or concerns about their experiences are encouraged to contact The SAFE Office. Resource Navigators in that office are available to meet with students and discuss the options for reporting and support at Rice. Students can speak with and obtain information from a Resource Navigator without making a formal complaint to the Title IX Coordinator. To contact a Resource Navigator, students should call (713) 348-3311, email titleixsupport@rice.edu, or stop by the Rich Center near Student Health Services, Monday through Friday, from 9:00 am to 5:00 pm.

Students are not responsible for determining which policy or procedure applies to the behavior that they experienced. When a report is received, the Title IX Coordinator and Deputy Title IX Coordinators, in consultation with General Counsel, will make a determination about which path the investigation and adjudication will take. Sometimes, as the investigation proceeds and more information is gathered, that path may change. At any time during the investigation the complainant may choose to withdraw from the process.

What does “consent” mean at Rice?

The Policy gives Rice’s full definition of consent, including illustrative examples. Students are encouraged to carefully and thoughtfully read the section about consent in the Policy, and the information in this FAQ is to be considered as a preview. Rice defines “consent” as:

  • Active
  • Ongoing
  • Voluntary agreement by each participant
  • Communicated by clear actions or words

Communication between participants is the key. Everyone should be on the same page about sexual boundaries and be able to make an informed choice about whether or not to participate in sexual activity.

What about the role of alcohol and consent?

A person that is incapacitated due to alcohol (or other drug) consumption cannot give consent. Incapacitation is a state beyond mere intoxication or impairment. Evaluating incapacitation requires an assessment of how the consumption of alcohol or drugs affects a person’s decision-making ability, their capacity to appreciate the nature and quality of the act, and/or their level of consciousness. This assessment is based on objective and reasonably apparent signs of incapacitation when viewed from the perspective of a sober, reasonable person. Some examples of the apparent signs of incapacitation may include:

  • Inability to physically control movements (slumping over, stumbling, inability/difficulty standing or walking)
  • Lack of awareness of surroundings
  • Slurred or incomprehensible speech
  • Inability to communicate
  • Vomiting
  • Incontinence

Another effect of alcohol consumption can be memory impairment, or forgetting entire or partial events (sometimes referred to as a “blackout” or “brownout.”) A person may experience this symptom while appearing to be functioning “normally,” including communicating through actions or words that seem to express an interest in engaging in sexual activity. Whether sexual activity with a person who experiences memory impairment constitutes sexual misconduct depends on the presence or absence of the observable factors indicating incapacitation, as described above. Total or partial memory loss, without more, is insufficient to demonstrate incapacitation.

What if I was harassed/assaulted, but at the time I was drinking alcohol or using drugs? Will I get in trouble if I report the incident?

Rice encourages students to report incidents of sexual misconduct and relationship violence. The main concern is that students in need of help are easily able to access all of the resources Rice has in place. To encourage students to report incidents of sexual misconduct, Rice will grant amnesty to certain students involved in a report of sexual assault for behavior that would otherwise be a violation of the Code of Student Conduct. Rice will refrain from taking disciplinary action against a student who, in good faith, reports being a victim of, or a witness to, an incident of sexual assault when the violation of the Code of Student Conduct is in relation to the incident of sexual misconduct. That being said, amnesty does not apply to respondents who may have provided or been using alcohol or dangerous substances in violation of Rice policies.

If I speak with someone about possible sexual misconduct, do I have to pursue a formal complaint?

No. Speaking with someone, even the Title IX Coordinator or someone who is responsible for notifying the Deputy Title IX Coordinator, does not mean that you will need to file a formal complaint. The University encourages all persons who believe they may have been the subject of sexual or gender-based harassment to speak with an appropriate support resource about the incident because, even if no formal complaint is filed, the person may receive supportive measures through The SAFE Office.

Who can a student talk to that is confidential, and doesn’t involve RUPD or making a formal complaint?

Most staff and faculty at Rice are obligated to disclose reports of sexual misconduct and relationship violence to a Title IX Coordinator. If a student wants to talk about an incident in a completely confidential setting, there are other “Confidential Employees” available to students on campus. The licensed counselors in the Rice Counseling Center and the medical staff at Student Health Services will not report or disclose the details given by the complainant when a treating relationship exists with that staff member. Generally, a treating relationship begins when the student requests services from a counselor or a medical professional. The staff in these offices are equipped to answer all of the questions a student may have about reporting options at Rice, the available support resources, and can discuss what best suits that particular student’s needs. The only information that a Confidential Employee is required to disclose to the university is statistical information about the type of incident, which does not include any identifying information about the student involved. Rice also works with the Houston Area Women’s Center and the Montrose Center to provide counseling and support to students affected by sexual misconduct and relationship violence in a completely confidential setting. Students may call any of these campus resources directly for assistance.

  • Rice Counseling Center (answered 24 hours a day): 713-348-3311
  • Student Health Services (business hours): 713-348-4966
  • Houston Area Women’s Center (answered 24 hours a day): 713-528-7273
  • The Montrose Center (LGBTQ+): 713-529-3211
What if a student wants to pursue criminal charges?

The choice to pursue legal action through the criminal justice system is always an option available to complainants. RUPD can help a student to navigate that process. The SAFE Office Resource Navigators can also support students throughout any external criminal process. A report made to law enforcement will be handled outside of Rice through the criminal justice system and is separate from any university disciplinary process. A criminal investigation handled by external legal and law enforcement agencies can run concurrently with a university disciplinary case.

What happens when there are simultaneous criminal and Rice proceedings?

Individuals who believe that they have been subject to sexual violence have the right to proceed with both criminal and university complaints simultaneously. In such cases, Rice will consider whether continuing its own investigation will interfere with an active criminal investigation. Rice may defer its investigation to avoid compromising the criminal process, but once it is clear that any such concerns have passed or can be mitigated, Rice will promptly resume its investigation. Any decisions made in an external legal process will not determine whether or not Rice will continue an investigation, nor will it be a determining factor in the result of Rice’s investigation. In all cases, Rice will complete its initial review and ensure appropriate supportive measures are provided so that the individuals affected can continue to participate in and benefit from Rice’s programs and activities.

Why does Rice get involved in these cases? Why not just let the police handle relationship and sexual violence cases?

Once Rice is made aware that an incident of sexual misconduct or relationship violence has occurred, the university is federally mandated to make contact with the complainant in order to offer support and provide information about reporting options. As stated above, complainants always have the option to pursue criminal charges through external law enforcement and legal systems. RUPD is a law enforcement agency, just like HPD, so a report to RUPD is a report to the police. Rice strives for all members of the community to be safe and able to succeed in their academic and personal endeavors free from fear and hostility.

What is retaliation?

Retaliation is interference with the good faith reporting of suspected or actual wrongful conduct. Rice prohibits any retaliation against any complainant or third-party reporter for reporting in good faith any misconduct to an appropriate university authority. Similarly, Rice prohibits retaliation against respondents and witnesses. Retaliation includes forms of intimidation or any acts designed to make a person afraid to report wrongful conduct or participate in a disciplinary investigation, or acts otherwise meant to discourage a person from asserting their rights under university or law enforcement processes. Retaliation may include harm or threats of harm toward a complainant, witness, or respondent, or against any person cooperating in the investigation of a complaint, or against family members or friends of such a person. Rice will respond with strong action if retaliation occurs.

How does Rice address behavior when students who have been through an investigation and adjudication process speak about their case?

Both the complainant and respondent have a right to speak about their experiences that led to the complaint. The parties also have a right to speak about their experience in the disciplinary process. Rice recognizes the right of students to express themselves freely in private settings, such as private conversations with friends and family. Rice will only intervene if, in the course of speaking about their story, the behavior becomes abusive or harassing in such a way that it unreasonably interferes with the other student’s educational participation, and if the conduct is gender-based and is severe or pervasive enough to create an educational environment that a reasonable person would consider hostile.

Will complainants and respondents be required by the University to resolve problems directly with each other?

No. The parties will not be compelled to resolve the problem directly with each other. Informal resolution is available only when both students voluntarily agree to resolving the matter informally, and students can choose to leave the informal resolution process at any time up until the informal resolution is finalized.

Employee FAQ

How do the new federal regulations impact employee respondents?

If a formal complaint about an employee includes alleged conduct subject to the federal regulations, both parties will receive written notice of the allegations; the University Complaint and Investigation and Resolution Office (UCIRO) will investigate; complainants and respondents will be given access to evidence in advance of a hearing; there will be a hearing in front of a trained decision-maker(s) where parties and witnesses are subject to live oral cross-examination; and the complainant and respondent will have the right to appeal the results of the decision made at the hearing.

Under the new Title IX rules, what has changed for employees?

There are a few major changes for employees under the new Title IX rules.

The first is that all cases that qualify as Title IX cases will be adjudicated with a live hearing. This is a shift from the single investigator model that was utilized by Rice before. In that model, an investigator from AEEO would collect the evidence and make a decision as to whether an employee violated the policy or not. Under the new rules, that decision can only be made at a live hearing, where evidence will be cross examined, and the matter will be adjudicated by a Hearing Officer.

Another major change is that Title IX decisions are subject to appeal. Although these matters can be appealed on narrow grounds (bias on behalf of the investigator or the Hearing Officer, sanction does not commensurate with the offense, etc), the right to appeal the finding was not available to the parties before.

Another change which is unique to faculty is that, for all Title IX cases, the standard of evidence will be one standard, which is a preponderance of the evidence. This is a change from the previous standard for serious sanctions that may result in termination which was clear and convincing evidence. While the preponderance of the evidence is a lower standard, the review of faculty appeals does include members of the Faculty Senate.

What supportive measures are available to employees?

Employees may request supportive measures from the Title IX Coordinator. Such measures may include temporary location changes or no contact orders.

With the Employee Assistance Program (EAP), Rice employees and their loved ones can access free, convenient, and confidential services on a variety of different topics. Some of the services Rice’s EAP offers include counseling sessions with a licensed mental health professional, legal and financial resources, WorkLife referrals, and more. All EAP services are private and completely confidential, and are available to you, your family members, dependents, or anyone significant in your life.

The Rice University EAP is administered by the University of Texas’ Employee Assistance Program (UTEAP), located in the Texas Medical Center. UTEAP provides experienced consultants offering face-to-face sessions on specific issues, free informational booklets, audio recordings, and referrals to resources and services in your community. Every Rice employee (including anyone significant in your life), has access for 3 free counseling sessions per issue, in addition to the other resources available online. Rice’s EAP is available to assist you 24 hours a day, 7 days a week.

You may contact a UTEAP consultant at (713) 500-3327 or toll-free at (800) 346-3549 24 hours a day, 7 days a week. Alternatively, you may access Rice’s EAP online portal (Username: owls; Password: owls) to take advantage of helpful resources.

If you have any questions about this program, please contact us at (713) 348-4791 or email Employee Relations at hrbp@rice.edu.

I am an employee respondent. Can the University move me from my position during an investigation as a supportive measure for the complainant or for other reasons?

Yes. In some cases, the University may take interim measures such as changing a respondent's work responsibilities or work location or placing them on paid leave during a grievance process. Such action may be appropriate when there is a legitimate concern that without such measures: 1) the respondent will engage in prohibited conduct while the grievance process is ongoing, or 2) the respondent would be unduly disruptive to University members or University activities or programs.