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This is an archived copy of the 2013-14 catalog. To access the most recent version of the catalog, please visit http://catalog.utexas.edu/.

Appendix H: Prohibition of Sexual Assault

 

  1. General Policy Guidelines
    1. Policy Statement
      It is the policy of the University of Texas at Austin (“University”) to foster a campus environment that is free from intimidation and one in which students may be educated to their fullest potential. Therefore, the University will not tolerate physical abuse, threats of violence, physical assault, or any form of sexual assault, including but not limited to acquaintance or date rape. The University encourages the prompt reporting of any incidence of sexual assault.
    2. Scope
      A student who individually, or in concert with others, participates or attempts to participate in a sexual assault, including but not limited to abuse of, or threats against, any other student, is subject to disciplinary action by the University, notwithstanding any action that may or may not be taken by the civil or criminal authorities. In addition to incidents that occur on the University campus, the University may take disciplinary action in response to incidents that take place during official functions of the University, or those sponsored by registered student organizations, or incidents that have a substantial connection to the interests of the University regardless of the location in which they occur. Students who may have been assaulted by someone who is not affiliated with the University may contact any of the available University support services listed in this policy.
    3. Definitions
      1. “Actor” means the person alleged to have committed a sexual assault.
      2. “Another” means a person other than the actor.
      3. “Consent” means assent in fact, whether express or apparent, by all of the involved parties to engage in the same sexual activity at the same time.
      4. “Minor” means a person younger than seventeen (17) years of age.
    4. Sexual Assault
      An actor commits a sexual assault if he/she intentionally or knowingly:
      1. Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; or
      2. Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
      3. Causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
    5. Consent
      An individual’s manner of dress or the existence of a current or past dating relationship between two or more individual does not, in and of itself, constitute consent to engage in a particular sexual activity. Consent is informed and voluntary and can be revoked at any time and for any reason. However, there are certain instances where an individual cannot give consent to participate in a sexual act. The following illustrate some of those instances:
      1. The actor compels another to submit to or participate in a sexual act by the use of physical force or violence against the other person.
      2. The actor compels another to submit to or participate in a sexual act by threatening to use force or violence against the other person.
      3. The person has not consented to the sexual act and the actor knows the other person is unconscious or physically unable to resist.
      4. The actor knows that the other person is, at the time of the sexual act, incapable of either appraising the nature of the act or of resisting it.
      5. The other person has not consented to the sexual act and the actor knows the other person is unaware that the sexual act is occurring.
      6. The actor or another has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge.
      7. The actor compels the other person to submit to or participate in a sexual act by threatening to use force or violence against any other person.
      8. The individual is under the age of seventeen (17) and is not the spouse of the actor.
    6. Minors
      An actor commits a sexual assault against a minor (who is not the spouse of the actor) if the actor:
      1. Causes the penetration of the anus or sexual organ of a minor by any means; or
      2. Causes the penetration of the mouth of a minor by the sexual organ of the actor; or
      3. Causes the sexual organ of a minor to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
      4. Causes the anus of a minor to contact the mouth, anus, or sexual organ of another person, including the actor; or
      5. Causes the mouth of a minor to contact the anus or sexual organ of another person, including the actor.
    7. Use of Drugs and Alcohol
      The fact that the student accused of sexual assault was under the influence of drugs or alcohol at the time of the assault will not diminish the student’s responsibility for a violation of the Institutional Rules on Student Services and Activities, nor shall being under the influence of alcohol or drugs be construed as an invitation to or as implied consent for unwanted sexual advances.
    8. Other Relevant Policies
      There are some instances of conduct of a sexual nature that may not rise to the level of sexual assault as defined in this appendix but that nonetheless violate other university policy. For example, see Appendix D (Policy on Sex Discrimination and Sexual Harassment), Appendix E (Policy on Sexual Misconduct), and Appendix C (Chapter 11, Student Discipline and Conduct) for more information.)
  2. Options and Resources for Individuals Who Have Experienced a Sexual Assault
    1. Police and Medical
      A student who experiences any form of sexual assault is encouraged to seek immediate medical care. Students can undergo a medical exam to preserve physical evidence of the assault with or without the police’s involvement. This should be done immediately if possible. If not immediately, students who have experienced a sexual assault may have a Sexual Assault Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) within five (5) days of the assault if law enforcement is involved and within four (4) days if they are not. With the student’s consent, the physical evidence collected during this medical exam can be used as part of a criminal investigation; however, a student may undergo a SAFE regardless of whether they have contacted, or intend to contact, the police. To undergo a SAFE, go directly to the emergency department of St. David’s Medical Center at 919 East 32nd Street, Austin, TX, 78705. For more information about the SAFE, see http://hopelaws.org/ .

      The cost of the forensic portion of the exam is covered by the law enforcement agency that is investigating the assault or, in cases where a report will not be made to the police, the Texas Department of Public Safety. This does not include fees related to medical treatment that are not a part of the SAFE. For more information about financial resources for UT students, please see the information about Voices Against Violence and Student Emergency Services below.

      Reporting an assault to law enforcement does not mean that the case will automatically go to criminal trial or to a University disciplinary hearing.       If the police are called, a uniformed officer will be sent to the scene to take a detailed statement. A ride to the hospital may be provided by a police department counselor. A report may be filed with the police regardless of whether or not the assailant was a UT student.

      If a decision is made to make a report to the police, it is important to note that police jurisdictions depend on where the sexual assault occurred.

      If the incident occurred on the UT campus, a report may be filed with the UT Police Department (UTPD) by calling (512) 471-4441 or in person at UTPD headquarters at 2201 Robert Dedman Drive (across from the Manor Garage and the football stadium).

      If the incident occurred in Austin but off-campus, a report may be filed with the Austin Police Department (APD), regardless of time elapsed since the assault occurred. If a report is made to the police, a uniformed officer will be dispatched to the location to make a written report.

      A student who has experienced a sexual assault is strongly encouraged to seek medical and psychological care regardless of whether he/she intends to request a SAFE or report the assault to the police. He/she may be prescribed medications to prevent sexually transmitted infections and/or pregnancy regardless of whether the police were contacted or a SAFE was performed. Medical care can be provided at University Health Services, at a local emergency room, or by a private physician. Psychological support can be provided by the UT Counseling and Mental Health Center, SafePlace, or by a care provider of the student’s choosing. The contact information for these services can be found below in Section E.

      UHS Nurse Advice Line is staffed twenty-four hours a day, every day of the year. Students may call (512) 475-6877 (NURS) for free advice and guidance about health-related questions.

      A student who experiences any form of sexual assault may pursue any civil or criminal remedies provided by state law.
      • Emergency: 911
      • Victim Services (bilingual operators available): 512-974-5037
      • Relationship violence (Family Protection Team): 512-974-8535
      • Non-emergency stalking reports: 311
    2. Crisis Support
      Student Emergency Services (512)-471-5017       (M – F, 8 a.m. – 5 p.m.) may provide limited emergency funds, assist with academic issues, provide referrals within the University and in the Austin area when necessary, and serve as an advocate for students while working with other campus departments.

      Crisis Counseling at the Counseling and Mental Health Center (CMHC)       is available on a walk-in basis (M – F, 8 a.m. – 5 p.m.). No appointment is necessary for this option. This can be accomplished by coming to the CMHC reception desk on the 5th floor of the Student Services Building (SSB) to request a same-day appointment in order to deal with an "urgent VAV issue(s)."

      Calling UT 24-hour Telephone Counseling       at 512-471-CALL (2255) (UT Students Only). Callers can either choose to identify themselves when calling or remain anonymous.

      SafePlace       is a local nonprofit organization that also offers a twenty-four-hour hotline for survivors of sexual assault and domestic violence. The phone number is (512) 267-SAFE (267-7233). For more information about services available at SafePlace, visit the Web site: http://www.safeplace.org/ .

      National Sexual Assault Online Hotline also provides online crisis support. The hotline provides live, secure, anonymous crisis support for victims of sexual violence, their friends, and families. To access help twenty-four hours a day, every day visit http://www.rainn.org/get-help/national-sexual-assault-online-hotline .
       
    3. Advocacy and Counseling
      In addition to seeking medical and psychological care, a student who experiences a sexual assault may wish to seek advocacy or counseling services. The following organizations offer advocacy and counseling services to students who experience sexual assault.

      Safe Place
      The nonprofit organization SafePlace offers a twenty-four hour hotline for students who have experienced sexual assault and/or domestic violence, helps students who have experienced a sexual assault understand the SAFE, and offers student and group therapy for students who have experienced sexual assault or domestic violence. SafePlace can be contacted at (512) 267-SAFE (267-7233).

      Voices Against Violence
      The Voices Against Violence Program (VAV) in the University Counseling and Mental Health Center (512- 471-3515) is available to provide support services for any student who has been affected by sexual assault. VAV offers individual and group counseling as well as thirty minute informational advocacy appointments. VAV staff is knowledgeable about options within systems both on and off campus including:
      • Medical services
      • Reporting procedures
      • Legal options, including criminal and civil law (please note that VAV does not offer legal advice, but can refer the student to free legal services for students)
      • UT administrative options through Student Judicial Services
      • Obtaining an Order of Protection
      • Safety planning
      • Financial resources, including access to the VAV Survivor’s Emergency Fund
      • Counseling resources, both short-and long-term on or off campus, VAV can provide help to students regarding safety, legal, medical, academic, and housing options
      • The program also offers individual and group counseling. To facilitate being seen as soon as possible, ask for a "VAV appointment" when scheduling. To request an appointment, call (512) 471-3515, Monday through Friday from 8 a.m. to 4 p.m. For more information about VAV, visit the website: http://www.cmhc.utexas.edu/vav.html . Callers may remain anonymous.
    4. Administrative Complaint and Investigation
      1. Complaints against a UT student
        A student may file a complaint against another student by contacting the Student Judicial Services in the Office of the Dean of Students. Incidents may be reported to Student Judicial Services by completing the online referral form (http://deanofstudents.utexas.edu/sjs/ ) or going to the office in person, located on the fourth floor of the Student Services Building (SSB), in room 4.104. If you would like to first consult with a staff member before reporting the incident to this office, please contact them at (512) 471-2841 or sjs@austin.utexas.edu . A student may file a complaint with Student Judicial Services whether or not he/she chooses to cooperate with law enforcement in a criminal investigation.

        Complaints will be processed as specified in Appendix D (Policy on Sex Discrimination and Sexual Harassment). For additional information regarding University conduct rules, as well as a list possible sanctions that may be imposed against a student found responsible for a violation of this policy, please see Chapter 11 of Appendix C (Institutional Rules on Student Services and Activities).
         
      2. Rights of Students During the Disciplinary Process
        • The right to be present during the entire hearing, notwithstanding the fact that the individual who has experienced the sexual assault is to be called as a witness. (The accused student has the same right.)
        • The right to have a support person present during the hearing. This person is not entitled to represent the individual or to assist him/her with his/her testimony. If the support person is to act as a witness, the hearing officer may require the support person to testify before the individual who suffered the sexual assault testifies.
        • The right not to have evidence of his or her past sexual history with third parties introduced into the proceeding.
        • The right to have the hearing closed to spectators unless both the accused student and the individual consent in writing to have the hearing open to the public.The right to be informed of the outcome of the hearing as required under federal law.
      3. Complaints against a UT faculty or staff member
        Students who wish to file a complaint against a faculty or staff member may contact the Office of the Dean of Students; however, this policy does not apply to cases involving an assault by a faculty or staff member. See Appendix D (Policy on Sex Discrimination and Sexual Harassment) and Appendix J (Prohibition of Campus Violence). Complaints against a faculty or staff member will be administered by the Office of Institutional Equity. The Office of Institutional Equity may be contacted at 512-471-1849 or http://www.utexas.edu/eos/ .
         
      4. Emergency measures
        In some instances, when a student reports to the University that he or she has been sexually assaulted, the University may take emergency action to protect the emotional health and physical safety of the reporting student. For example, a student who lives on campus may be moved to another campus living environment if he or she chooses or may be allowed to drop a class. Such arrangements will be facilitated through the Office of the Dean of Students and all decisions will be based upon the evidence that is available to the Dean of Students at that time. If such evidence indicates that the accused student presents a continuing danger to person or property or poses an ongoing threat of disrupting the academic process, the Office of the Dean of Students may take interim disciplinary action against the accused student as appropriate.
    5. Programs and Support Services
      Below is a list of educational and preventive programs and support services on and off campus that address sexual assault. Brochures and other printed materials are available from each office. Additional information may be obtained by calling the numbers or visiting the Web sites listed below.
      1. Campus Resources
        1. Counseling and Mental Health Center, Voices Against Violence Program (VAV).
          (512) 471-3515. http://cmhc.utexas.edu/
          • Provides advocacy services to give information about safety, legal, housing, academic, and medical options
          • Offers individual and group counseling service for survivors of sexual assault relationship violence, and stalking
          • Operates twenty-four-hour telephone counseling service at (512) 471-CALL (471-2255)
          • Offers interactive peer theatre educational programming that addresses the complex issues surrounding sexual assault on campus
          • Provides opportunities for student involvement in programming throughout the academic year
          • Provides training that is customized for faculty, staff and/or students
          • Manages VAV Survivor Emergency Fund
        2. University Health Services. http://healthyhorns.utexas.edu/
          • Appointments: (512) 471-4955
          • Twenty-four-hour Nurse Advice Line: (512) 475-NURS (475-6877)
          • Health Promotion Resource Center: (512) 475-8252
          • Provides general exams to treat injuries, both internal and external
          • Performs testing for sexually transmitted infections after an assault
          • Distributes educational and prevention information
        3. Title IX Coordinator. http://www.utexas.edu/student-affairs/policies/title-ix
          Dr. Jennifer Hammat, Assistant Vice President
          Office of the Vice President for Student Affairs phone: 512-471-1133
          302 Flawn Academic Center (FAC) j.hammat@austin.utexas.edu
           
        4. Office of the Dean of Students. (512) 471-1201. http://deanofstudents.utexas.edu/
          Ms. Christa Lopez, Associate Director of Student Emergency Services
          Deputy Title IX Coordinator for Students phone: 512-471-5017
          4.104 Student Services Building christa.sandelier@austin.utexas.edu
           
        5. Office of Institutional Equity. http://www.utexas.edu/eos/
          Mr. Travis Gill, J.D., Assistant Director
          Deputy Title IX Coordinator for Employees phone: 512-471-1849
          4.302 North Office Building travis.gill@austin.utexas.edu
           
        6. Student Emergency Services. (512) 471-5017. http://deanofstudents.utexas.edu/emergency/
          May provide limited emergency funds
          Assists with academic issues
          Provides referrals within the University and in the Austin area when necessary
          Serves as an advocate for students while working with other campus departments
           
        7. Behavior Concerns Advice Line (BCAL). (512) 232-5050. https://www.utexas.edu/safety/bcal/
          • Allows members of the University community to discuss their concerns about an individual’s behavior
          • Offers a centralized resource that is available twenty-four hours a day for anyone who is not sure how to help a person he or she is concerned about
          • Operates as a partnership between the Office of the Dean of Students, the Counseling and Mental Health Center, the Employee Assistance Program, and the University of Texas Police Department
             
        8. New Student Services. (512) 471-3304. http://deanofstudents.utexas.edu/nss/
          • Provides programs to raise awareness of sexual assault on campus and resources for prevention and support
          • Trains Orientation advisers about issues related to sexual assault and interpersonal violence
          • Gives all freshmen who attend Orientation a wallet card highlighting important campus and local resources
             
        9. Sorority and Fraternity Life. (512) 471-9700. http://deanofstudents.utexas.edu/sfl/
          • Conducts educational workshops for individual fraternities and sororities
          • Provides sexual assault education to all incoming pledges
             
        10. University of Texas Police Department. (512) 471-4441. http://www.utexas.edu/police/
          • Offers crime prevention presentations that include issues related to assault
          • Publishes crime statistics information
          • Teaches free Rape Aggression Defense (RAD) classes to all female University students, staff members, and faculty members
             
        11. University Residence Halls. (512) 471-8631. http://www.utexas.edu/student/housing
          • Trains resident assistants on issues related to sexual assault
          • Includes discussion of issues related to sexual assault in floor meetings
          • Offers educational programs in the residence halls
          • Publishes an online safety handbook
          • Offers individual and group support and follow-up
      2. Community Resources
        1. SafePlace. (512) 267-SAFE. http://www.safeplace.org/
          • Operates a twenty-four-hour hotline
          • Helps individuals who have experienced a sexual assault navigate the forensic medical exam
          • Offers individual and group therapy for individuals who have experienced sexual assault and/or domestic violence
          • Provides domestic violence shelter services
             
        2. Austin Police Department. 911. http://www.ci.austin.tx.us/police/
          • At 911, provides emergency response and takes reports of sexual assaults
          • Offers Victim Services counselors at (512) 974-5037
             
        3. St. David’s Hospital Emergency Room. (512) 544-4240. http://www.stdavids.com/locations-facilities/st-davids-medical-center.aspx
          • Performs Sexual Assault Forensic Exam (SAFE). The cost of the forensic portion of the exam is covered by the law enforcement agency that is investigating the assault or, in cases where the survivor is not making a police report, the Texas Department of Public Safety. This does not include fees related to medical treatment. SAFE exam can only occur within the first 120 hours (5 days) after a sexual assault with police involvement and 96 hours (4 days) without police involvement. A non-report option preserves evidence for two years, during which time a survivor can make the decision about whether or not to pursue criminal charges.
          • Operates emergency room, located at 919 East 32nd Street, Austin, 78705

 


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