Appendix D: Policy on Intercourse Discrimination, Sexual Harassment, Sexual Assault, Sexual Misconduct, Interpersonal Violence, and Stalking
This is the policy of this University of Texas at Austin (“University”) to deliver an educational and performing environment for its pupils, faculty, and staff this is certainly clear of intercourse discrimination (including discrimination based on intimate orientation, gender identification or sex phrase), intimate harassment, intimate attack, intimate misconduct, social physical violence (including domestic physical violence and dating physical violence), and stalking. The University prohibits discrimination on the basis of sex (including gender) and prohibits sexual harassment, sexual assault, sexual misconduct, interpersonal violence, and stalking in accordance with federal and state law.
The University will not tolerate intercourse discrimination, intimate harassment, intimate misconduct or real abuse, threats of physical physical violence, real attack, or any form of sexual physical physical physical violence, including not limited by sexual attack, acquaintance rape, domestic physical physical violence, dating physical physical violence, or stalking (collectively or singly known as “prohibited conduct”). People who alone, or perhaps in concert with other people, engage or try to take part in prohibited conduct described in this policy are susceptible to action that is disciplinary the University, notwithstanding any action that could or may possibly not be taken by civil or unlawful authorities. Pupils whom take part in such conduct that is prohibited be susceptible to disciplinary action as supplied in Appendix C (Chapter 11, Scholar Discipline and Conduct).
Note: Students that are also workers of this University are often subject underneath the Handbook of working Procedures (HOP) for the conduct that is same in this policy ( e.g., HOP 3-3031 and HOP 8-1010).
The University encourages impacted individuals to promptly report incidents of intercourse and sex discrimination, intimate harassment, intimate attack, intimate misconduct, interpersonal physical violence, and stalking as supplied in this policy. The University additionally encourages people who might have witnessed cases of prohibited conduct to report information that is such outlined in this policy.
Accountable workers associated with the University (as defined below) have to promptly report incidents of prohibited conduct. The University will react to all reports made under this policy. The University will conduct a prompt, reasonable, and investigation that is impartial quality for complaints and, where appropriate, issue remedial measures and/or sanctions.
- Range
This policy relates to all University pupils and workers, site site visitors, contractors, applicants for admission to or work with all the University, in addition to University affiliates yet others business that is conducting campus.
The University may take disciplinary action in response to incidents that take place during official functions of the University or functions sponsored by registered student organizations, or incidents that have a substantial connection to the interests of the University regardless of the location in which the incident(s) occur in addition to incidents that occur on the University campus.
The conventional of proof which will be found in investigating and complaints that are adjudicating under this policy may be the “preponderance for the evidence” standard. This standard is met in the event that allegation is regarded as prone to have happened than maybe maybe not. Procedures under this policy and Chapter 11, Appendix C associated with the General Suggestions Catalog will offer a prompt, reasonable, and unbiased research and quality of complaints.
- Definitions
The below definitions apply for purposes of this policy. But, several of those terms may also be defined under federal and/or Texas State legislation. To learn more state that is regarding definitions, please relate to Section XIII with this policy:
Issue: a document that is signed other report, including spoken reports alleging a breach with this policy.
Complainant: somebody who submits an issue alleging a breach for this policy, or perhaps is recognized as the one who has presumably experienced a Title IX incident that is related.
Consent: A voluntary, mutually understandable contract that clearly suggests a willingness to take part in each example of sex. Consent to a single work does not indicate consent to some other. Last permission will not indicate consent that is future. Consent to take part in sexual intercourse with someone will not indicate permission to take part in intercourse with another. Consent may be withdrawn whenever you want. Any phrase of an unwillingness to take part in any example of sexual intercourse establishes a lack that is presumptive of.
Consent is certainly not effective if it benefits from: (a) the usage of real force, (b) a risk of physical force, (c) intimidation, (d) coercion, ( ag ag e) incapacitation, or (f) any kind of component that would eradicate an individual’s ability to work out his/her very own free might to select whether or perhaps not to take part in sex.
An individual’s method of gown or the presence of an ongoing or past relationship or intimate relationship between a couple of people will not, in as well as itself, represent consent to take part in a specific sex. Even yet in the context of a relationship, there has to be a voluntary, mutually understandable agreement that clearly shows a willingness to take part in each example of sex.
Incapacitation: A state to be that prevents a person from getting the ability to offer permission. A person being asleep or unconscious, or because of an intellectual or other disability for example, incapacitation could result from the use of drugs or alcohol.
Interpersonal Violence: An offense that fulfills the meaning of domestic physical physical violence or dating physical violence.
Domestic Violence: punishment or violence committed by a present or former partner or intimate partner associated with the complainant, by someone with who the complainant shares a young child in accordance, by someone with who the complainant is cohabitating (or has cohabited) with a partner or intimate partner, by an individual likewise situated to a partner associated with complainant beneath the domestic or family members physical physical violence guidelines associated with State of Texas, or by any kind of individual against a grownup or youth target that is protected from that person’s acts underneath the domestic or household physical violence legislation for the State of Texas.
Dating Violence: punishment or violence committed by somebody who is or has been around a social relationship of an enchanting or nature that is intimate the complainant. The presence of this type of relationship will probably be determined on the basis of the statement that is complainant’s with consideration for the kind and amount of the connection therefore the frequency of conversation involving the people active in the relationship. A couple could be in an enchanting or intimate relationship whether or not the partnership is sexual in nature; nevertheless, neither a laid-back acquaintance nor ordinary fraternization between two people in a company or social context shall represent an intimate or relationship that is intimate.
Dating violence includes, it is not restricted to, intimate or abuse that is physical the risk of such punishment. This definition will not add functions covered under domestic physical physical violence.
Respondent: anyone designated to answer a grievance. Generally speaking, the respondent may be the person speculated to be accountable for the forbidden conduct alleged in a grievance.
Responsible Employee: Pursuant to Title IX, an employee that is responsible a University employee who’s got the authority to do this to redress an so-called breach with this policy and that has been offered the responsibility of reporting such allegations towards the University Title IX Coordinator or designee, or a member of staff who a person could fairly think has this authority or responsibility. During the University of Texas at Austin, Responsible workers include, but they are not restricted to:
- Administrators
- Educational advisors
- Coaches, as well as other staff that is athletic interact straight with pupils
- Faculty people, including teachers, adjuncts, lecturers associate/assistant trainers (AIs), and training assistants (TAs)
- Graduate research assistants
- Residence life directors
- Resident assistants
- All staff that is supervisory
Accountable workers have a responsibility to immediately report incidents of intercourse discrimination, intimate harassment, intimate attack, intimate misconduct, social physical physical violence, and stalking to your University Title IX Coordinator or a Deputy Title IX Coordinator. Accountable workers are not reporting that is confidential.
