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Title IX is a federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX protects all members of our campus community who experience sex discrimination, sexual harassment, sexual assault, interpersonal violence including dating and domestic violencestalking, or discrimination on the basis of pregnancy. These protections apply to students, faculty, staff, contractors, applicants and campus visitors. We are committed to creating and fostering a campus environment free from all forms of sex discrimination.
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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. A determination that a Respondent is not responsible for the allegations of Sexual Misconduct does not imply a report was false. 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.
Nothing in this section shall limit the University's ability to take interim action or execute an emergency removal.
Confidential Employees may not include any information that would violate a student's expectation of privacy. Any expression of an unwillingness to engage in any instance of sexual activity establishes a presumptive lack of consent.
Supportive Measures are non-disciplinary and non-punitive measures that do not unreasonably burden the other party. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. 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. 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.
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.
Similarly, a determination that a Respondent is responsible for a policy violation does not imply that free Dallas Tx sex for mobile Respondent's statements disclaiming responsibility were false. Consent: A voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. 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.
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Confidential Employees: Confidential Employees include counselors in Counseling and Psychological Services, a health care provider in Health Services, or clergypersons. Both parties will be notified in writing when an appeal is filed and the appeal procedures will apply equally for both parties. If the University dismisses a Formal Complaint as outlined in Section 6. 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 existence of such a relationship shall be determined based on the consideration of the following factors:. Consent to one act does not imply consent to another. Coercion: The use of pressure to compel another individual to initiate or continue sexual activity against an individual's will. The more severe the sexual misconduct, the less need there is to show a repetitive series of incidents to find a hostile environment. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug.
All documentation of records are private and confidential to the extent possible under law. 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. 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.
In determining whether sexual misconduct has created a hostile environment, the University considers the conduct in question from both a subjective and objective perspective. This immunity does not extend to the person's own violations of this Policy. This Policy applies to all University administrators, faculty, staff, students, and third parties within the University's control, including visitors and applicants for admission or employment.
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. 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. 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.
In such an instance, the University will provide written notice to the free Dallas Tx sex for mobile of the delay or extension and the reason s for the action. Likewise, a series of incidents may be sufficient even if the sexual misconduct is not particularly severe. 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.
Factors the University must consider when determining whether to investigate an alleged incident of Sexual Misconduct include, but are not limited to:. 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. 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.
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. 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. 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:.
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. 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.
Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
The appellate officer must not be the same person as the Title IX Coordinator, investigator sor hearing officer in the Grievance Process. The decision-maker on the appeal will release a written decision within 21 days from the date of the appeal. 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:.
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.
Complainant: The individual who is alleged to be the victim of any prohibited conduct under this Policy. It also applies regardless of the gender, gender identity or sexual orientation of the parties.
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. All Complainants who report incidents of Sexual Misconduct will be offered individualized Supportive Measures. The written notice of the Formal Complaint will include the following:. 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 Office of Community Standards and Conduct will conduct an independent review of the investigation report, and will:. After receiving a Formal Complaint, the Title Free Dallas Tx sex for mobile Office will provide a written notice to the parties of the Formal Complaint and available University resources and assistance. A current or dating or sexual relationship, by itself, is not sufficient to constitute consent. However, the circumstances may require a temporary delay in this timeframe and the University may extend this timeframe for good cause. 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.
The Informal Resolution may include a mediation process, for example. See www. 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.
It will be necessary, but not adequate, that the conduct was unwelcome to the individual who was mistreated. 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 appellate officer will release a written decision within 21 days from the date of the appeal to:. 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.
Examples of coercion include but are not limited to threatening to "out" someone based on sexual orientation, gender identity, or gender expression; threatening to harm oneself if the other party does not engage in the sexual activity; threatening to expose someone's prior sexual activity to another person.
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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. It does not include acts covered under the definition of domestic violence. 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.
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. The Title IX Office can help individuals contact these law enforcement agencies. Reporting Sexual Misconduct incidents free Dallas Tx sex for mobile the University of the incident, which allows the institution to provide Supportive Measures as outlined in Section 5. 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:.
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Under state law, however, Responsible Employees who receive information of alleged Sexual Misconduct must share that information with the Title IX Coordinator. If a conflict exists the with an appellate officer, the appeal will be forwarded to the President, or their deee. The completed investigation report and determination regarding responsibility will be referred to the Office of Community Standards and Conduct "OCSC".
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. 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.
Note: Under state law, Confidential Employees who receive information regarding incidents of sexual harassment, sexual assault, dating violence or stalking committed by or against free Dallas Tx sex for mobile student or an employee of the University, are required to report the type of incident to the Title IX Coordinator. Alcohol and other drugs impact each individual differently, and determining whether an individual is incapacitated requires an individualized determination.
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. Interference with a Grievance Process may include, but is not limited to:. Sexual misconduct, Retaliation, and other conduct prohibited under this Policy will not be tolerated and will be subject to disciplinary action. The Confidential Employee's duty to report an incident under any other law also applies.
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 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.
Consent can be withdrawn at any time. Indeed, a single instance of sexual assault may be sufficient to create a hostile environment. A hostile environment can be created by anyone e. All training materials used to train Title IX related personnel e. 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. Employees and students with protective or restraining orders relevant to a complaint are encouraged to provide a copy to the University Police Department.
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 University has great respect for the privacy of the parties identified in a report or Formal Complaint.
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