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Sexual misconduct, Retaliation, and other conduct prohibited under this Policy will not be tolerated and will be subject to disciplinary action. The University encourages you to promptly report incidents that could constitute violations of this Policy to the Title IX Coordinator or as outlined in Section 3.

Constitutionally protected expression cannot be considered Sexual Misconduct under this Policy. It applies to conduct that occurs on University owned or controlled premises, in an education program or activity including University sponsored or supported events, buildings owned or controlled by student organizations officially recognized by the University, or off campus when the conduct potentially affects a person's education or employment with the University or potentially poses a risk of harm to members of the University community. It also applies regardless of the gender, gender identity or sexual orientation of the parties.

Violations of Prohibited Conduct under this Policy will be adjudicated in accordance with this Policy. Reporting Sexual Misconduct incidents informs the University of the incident, which allows the institution to provide Supportive Measures as outlined in Section 5. All Complainants who report incidents of Sexual Misconduct will be offered individualized Supportive Measures. As explained in more detail below including exceptions and details as to applicabilitygenerally speaking, the Grievance Process may involve an investigation into the incident and a hearing to determine the responsibility of the Respondent.

Any person may report an incident, whether or not the person reporting is the person alleged to be the victim of the incident, and it can be a verbal or written report to the Title IX Coordinator:. The Title IX Office can help individuals contact these law enforcement agencies. Employees and students with protective or restraining orders relevant to a complaint are encouraged to provide a copy to the University Police Department. Office for Civil Rights U. Employees may also seek assistance from the Employee Assistance Program, their own personal health care provider, the clergyperson of their choice, or an off-campus rape crisis resource without concern that the person's identity will be reported to the Title IX Office.

This immunity does not extend to the person's own violations of this Policy.

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The University has great respect for the privacy of the parties identified in a report or Formal Complaint. Under state law, however, Responsible Employees who receive information of alleged Sexual Misconduct must share that information with the Title IX Coordinator. As such, the University may need to act to maintain campus safety and must determine whether to investigate further, regardless of the Complainant's request for confidentiality or request to not investigate a report received by the Title IX Coordinator.

Factors the University must consider when determining whether to investigate an alleged incident of Sexual Misconduct include, but are not limited to:. Under state law, if the Complainant requests in writing that the University not investigate a report, the University must inform the Complainant of the decision whether or not to investigate.

If the University dismisses a Formal Complaint as outlined in Section 6. In the course of the Grievance Process, the University may share information only as necessary with people who need to know, in compliance with the law, which may include but is not limited to the investigators, witnesses, Complainant, Respondent, parties' advisors, hearing officer, and the appellate officer if applicable.

The University will take all reasonable steps to ensure there is no retaliation against the parties or any other participants in the investigation or in any other part of the Grievance Process. Student Counseling Center W. Supportive Measures may include but are not limited to housing reasment, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, withdrawal from or retake of a class without penalty, campus escort services, mutual restrictions on contact between the parties, change in work or housing locations, leaves of absences, increased security and monitoring of certain areas of campus or other similar measures tailored to the individualized needs of the parties.

Supportive Measures are non-disciplinary and non-punitive measures that do not unreasonably burden the other party. Any disciplinary or punitive measures may only be implemented following the conclusion of the Grievance Process, unless an emergency removal as outlined in Section 7. The University will maintain confidentiality of Supportive Measures provided to the parties, to the extent that maintaining such confidentiality does not impair the ability of the University to provide the Supportive Measures.

After receiving a Formal Complaint, the Title IX Office will provide a written notice to the parties of the Formal Complaint and available University resources and assistance. The written notice of the Formal Complaint will include the following:. After the parties have been provided a copy of the written notice of a Formal Complaint, both parties may, in writing, voluntarily agree to use this Informal Resolution option, if applicable, at any point prior to reaching a determination regarding responsibility, but the parties are not required to do so.

The Informal Resolution entails the parties forgoing the Grievance Process including the investigation and hearing, depending on when the parties agree to engage in an Informal Resolution. The Informal Resolution may include a mediation process, for example. At any point prior to agreeing to an Informal Resolution, each party has a right to withdraw from the Informal Resolution process and the Grievance Process with respect to the Formal Complaint.

By law, it is pd that the Respondent is not responsible for the alleged conduct unless that determination regarding responsibility is made at the conclusion of the Grievance Process. Appeals: Either party may appeal in writing to a hearing officer's determination regarding a Respondent's responsibility under the Grievance Process or from the University's dismissal of a Formal Complaint or any allegations in the Formal Complaint within 10 days of notification of such a determination, on the following bases:.

The appellate officer must not be the same person as the Title IX Coordinator, investigator sor hearing officer in the Grievance Process. Both parties will be notified in writing when an appeal is filed and the appeal procedures will apply equally for both parties.

Any non-appealing party or the University will have 7 days from the notification of an appeal to submit a written statement in support of the outcome. The decision-maker on the appeal will release a written decision within 21 days from the date of the appeal. The appellate officer will release a written decision within 21 days from the date of the appeal to:. If a conflict exists the with an appellate officer, the appeal will be forwarded to the President, or their deee. All documentation of records are private and confidential to the extent possible under law.

However, the circumstances may require a temporary delay in this timeframe and the University may extend this timeframe for good cause. In such an instance, the University will provide written notice to the parties of the delay or extension and the reason s for the action.

Good cause may include considerations such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The time period in this section does not include the period the parties attempted but failed to reach an agreement in the Informal Resolution Process, if applicable, and in such a case, the Grievance Process timeframe will be extended by the period the parties attempted to reach an Informal Resolution outlined in Section 6.

For Formal Complaints where the Respondent is a student at the time of the alleged conduct including student employeesand the alleged conduct does not include Sexual Harassment, the Grievance Process in Section 6 of this Policy applies, with the following exceptions:. The completed investigation report and determination regarding responsibility will be referred to the Office of Community Standards and Conduct "OCSC".

The Office of Community Standards and Conduct will conduct an independent review of the investigation report, and will:. Under these circumstances, the Respondent will be notified in writing of the emergency removal from the University's education program or activity, and the Respondent will have an opportunity to immediately challenge the decision following the emergency removal. Periodic notices will be sent to University administrators, faculty, staff, and students about the University's Sexual Misconduct Policy, including but not limited to at the beginning of each fall and spring semester.

The notice will include information about Sexual Misconduct, Retaliation, and other conduct prohibited under this Policy, including the Formal Complaint procedure, the University Grievance Process and available resources, such as support services, health, and mental health services. The notice will specify the right to file a Formal Complaint under this Policy, right to file a police report to law enforcement, the Title IX Coordinator's contact information, and will refer individuals to deated offices or officials for additional information.

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Preventive education and training programs will be provided to University administrators, faculty, staff, and students and will include information about primary prevention, risk reduction, and bystander intervention. See www. All training materials used to train Title IX related personnel e. If any participant in a Grievance Process believes they have been subject to Retaliation as defined in this Policythey should immediately report the alleged retaliatory conduct to the Title IX Coordinator. A determination that a Respondent is not responsible for the allegations of Sexual Misconduct does not imply a report was false.

Similarly, a determination that a Respondent is responsible for a policy violation does not imply that a Respondent's statements disclaiming responsibility were false. Interference with a Grievance Process may include, but is not limited to:. For the purposes of Failure to Report, the definition of sexual harassment as defined under state law, is broader than the definition of sexual harassment under this Policy and is defined as Unwelcome, sex-based verbal or physical conduct that:. Nothing in this section shall limit the University's ability to take interim action or execute an emergency removal.

Coercion: The use of pressure to compel another individual to initiate or continue sexual activity against an individual's will. Coercion can include a wide range of behaviors, including psychological or emotional pressure, physical or emotional threats, intimidation, manipulation, or blackmail that causes the person to engage in unwelcome sexual activity. A person's words or conduct are sufficient to constitute coercion if they eliminate a reasonable person's freedom of will and ability to choose whether or not to engage in sexual activity. Complainant: The individual who is alleged to be the victim of any prohibited conduct under this Policy.

Confidential Employees: Confidential Employees include counselors in Counseling and Psychological Services, a health care provider in Health Services, or clergypersons. Additionally, employees who receive information regarding an incident of sexual misconduct under circumstances that render the employee's communications confidential or privileged under other law such as attorneys are also considered "Confidential Employees.

Note: Under state law, Confidential Employees who receive information regarding incidents of sexual harassment, sexual assault, dating violence or stalking committed by or against a student or an employee of the University, are required to report the type of incident to the Title IX Coordinator. Confidential Employees may not include any information that would violate a student's expectation of privacy.

The Confidential Employee's duty to report an incident under any other law also applies. Consent: A voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. Consent to one act does not imply consent to another. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

Consent can be withdrawn at any time. Any expression of an unwillingness to engage in any instance of sexual activity establishes a presumptive lack of consent. Consent is not effective if it from: a the use of physical force, b a threat of physical force, c intimidation, d coercion, e incapacitation or f any other factor that would eliminate an individual's ability to exercise his or her own free will to choose whether or not to have sexual activity.

A current or dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be a voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. 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.

The existence of such a relationship shall be determined based on the consideration of the following factors:. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence. Domestic Family Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares 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 state of Texas, 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 state of Texas.

Hostile Environment: exists when sexual misconduct is sufficiently severe or pervasive to deny or limit the individual's ability to participate in or benefit from an education program or activity or an employee's terms and conditions of employment 5. A hostile environment can be created by anyone e. In determining whether sexual misconduct has created a hostile environment, the University considers the conduct in question from both a subjective and objective perspective.

It will be necessary, but not adequate, that the conduct was unwelcome to the individual who was mistreated. To conclude that conduct created or contributed to a hostile environment, the University must also find that a reasonable person in the individual's position would have perceived the conduct as undesirable or offensive. To ultimately determine whether a hostile environment exists for an individual or individuals, the University may consider a variety of factors related to the severity, persistence, or pervasiveness of the sexual misconduct, including: 1 the type, frequency, and duration of the conduct; 2 the identity and relationships of the persons involved; 3 the of individuals involved; 4 the location of the conduct and the context in which it occurred; and 5 the degree to which the conduct affected an individual's education or employment.

The more severe the sexual misconduct, the less need there is to show a repetitive series of incidents to find a hostile environment. Indeed, a single instance of sexual assault may be sufficient to create a hostile environment.

Likewise, a series of incidents may be sufficient even if the sexual misconduct is not particularly severe. An individual may be incapacitated if they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in a sexual interaction. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug.

Alcohol and other drugs impact each individual differently, and determining whether an individual is incapacitated requires an individualized determination. If the answer to either of these questions is "YES," consent was absent and the conduct is likely a violation of this Policy. A Respondent will be found to have violated policy only if the Respondent knew or should have known that the person was incapacitated. Other Inappropriate Sexual Conduct: Conduct on the basis of sex that does not meet the definition of "sexual harassment" under this Policy, but is If verbal conduct including through electronic meansunwanted statements of a sexual nature intentionally stated to a person or group of people, that are objectively offensive to a reasonable person and also so severe or pervasive that they created a Hostile Environment, as defined in this Policy.

The type of verbal conduct if all other elements are met may include: Unwelcome sexual advances including explicit or implicit proposition s of sexual contact or activity ; Requests for sexual favors including overt or subtle pressure ; Gratuitous comments about an individual's sexual activities or speculation about an individual's sexual experiences; Gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies; Persistent, unwanted sexual or romantic attention; Exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars or other materials; or Deliberate, repeated humiliation or intimidation.

If physical conduct, either: Sexual exploitation, as defined in this Policy; Unwelcome intentional touching of a sexual nature; Deliberate physical interference with or restriction of movement; or Sexual violence as defined in this Policy. Participants: The term "participants" includes the Complainant, Respondent, and any witnesses.

Parties: The term "parties" refers to the "Complainant" and the "Respondent" under this Policy. Preponderance of the Evidence: The greater weight of the credible evidence. Preponderance of the evidence is the standard for determining allegations of prohibited conduct under this Policy. This standard is satisfied if the action is deemed more likely to have occurred than not. Respondent: The individual who has been reported to be the perpetrator of prohibited conduct under this Policy.

Responsible Employee: A University employee who has the duty to report incidents of and information reasonably believed to be Sexual Misconduct to the Title IX Coordinator. All employees are Responsible Employees except Confidential Employees. Responsible Employees include all administrators, faculty, staff, residential life staff, peer advisors, graduate teaching assistants, graduate research assistants, academic advisors, UT Dallas police officers, public safety officers, and athletic coaches and staff.

Responsible Employees must report all known information concerning the incident to the Title IX Office, and must include whether a Complainant has expressed a desire for confidentiality in reporting the incident. Retaliation: Any adverse action including, but is not limited to, intimidation, threats, coercion, harassment, or discrimination taken against someone because the individual has made a report or filed a Formal Complaint; or who has supported or provided information in connection with a Formal Complaint; participated or refused to participate in a Grievance Process under this Policy; or engaged in other legally protected activities.

Sex Discrimination: Occurs when an individual is treated less favorably on the basis of that person's sex including genderwhich may also include on the basis of sexual orientation, gender identity, or expression, pregnancy or pregnancy-related condition, or a sex stereotype. Sexual harassment, as defined in this Policy, is a form of sex discrimination. Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape:. Sexual Exploitation: Conduct where an individual takes non-consensual or abusive sexual advantage of another for their own benefit, or to benefit anyone other than the one being exploited.

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Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:. Subsections a and c in this definition are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such conduct is sufficiently serious to deprive a person of equal access.

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