Sexual Misconduct Violations

Sexual Harassment

Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature including when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other University activities;
  • submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting the individual; or
  • such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive University environment.

Non-consensual Sexual Contact

Non-consensual sexual contact is defined as:

  • any intentional sexual touching
  • however slight
  • with any object
  • by a person upon another person
  • that is without consent and/or by force

Sexual touching includes, but is not limited to, any bodily contact with breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

Non-consensual Sexual Intercourse

Non-consensual sexual intercourse is defined as:

  • to effect any sexual penetration or intercourse (anal, oral, or vaginal)
  • however slight
  • with any object
  • by a person upon another person
  • that is without consent and/or by force

Sexual intercourse includes, but is not limited to, vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.

Sexual Exploitation

Sexual exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-consensual Sexual Contact, and Non-consensual Sexual Intercourse.

Examples of sexual exploitation include, but are not limited to, engaging in the following activities without the other person(s) consent:

  • Sexual voyeurism (such as watching a person undressing, using the bathroom, or engaging in sexual acts without the consent of the person observed).
  • Taking pictures or recording another in a sexual act, or in any other private activity (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
  • Exposing one’s genitals or breasts in non-consensual circumstances or inducing another to expose his or her genitals or breasts.
  • Prostitution.
  • Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection.
  • Administering alcohol or drugs (such as “date rape” drugs) to another person.
  • Intentionally aiding a violation of the sexual misconduct policy.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on consideration of the following factors: the length of the relationship; the type of the relationship, and the frequency of interaction between the persons involved in the relationship. This includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence

Felony or misdemeanor crimes of violence committed by a current or former spouse 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; or by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Texas; by any other person who is protected from that person’s acts under the domestic or family violence laws of Texas.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her own safety; or the safety of others; or suffer substantial emotional duress.

Retaliation

Accusing students, accused students, witnesses, and their supporters have the unfettered right to be free from retaliation. Retaliation is defined as any adverse reaction taken against a person for alleging harassment, supporting a party bringing a grievance, or for assisting in providing information relevant to a claim of harassment. Retaliation will be investigated immediately and adjudicated separately. Retaliation includes, but is not limited to intimidation, threats or menacing behavior, coercion, or discriminatory actions. Retaliation is a serious violation and may result in immediate removal from the University.