This is an archived copy of the 2019-20 catalog. To access the most recent version of the catalog, please visit http://catalog.utexas.edu/.

Appendix D: Policy on Sex Discrimination, Sexual Harassment, Sexual Assault, Sexual Misconduct, Interpersonal Violence, and Stalking

Policy Statement

It is the policy of The University of Texas at Austin (“University”) to provide an educational and working environment for its students, faculty, and staff that is free from sex discrimination (including discrimination on the basis of sexual orientation, gender identity or gender expression), sexual harassment, sexual assault, sexual misconduct, interpersonal violence (including domestic violence and dating violence), and stalking. In accordance with federal and state law, the University prohibits discrimination on the basis of sex (including gender) and prohibits sexual harassment, sexual assault, sexual misconduct, interpersonal violence, and stalking.

The University will not tolerate sex discrimination, sexual harassment, sexual misconduct or physical abuse, threats of violence, physical assault, or any form of sexual violence, including but not limited to sexual assault, acquaintance rape, domestic violence, dating violence, or stalking (collectively or singly referred to as “prohibited conduct”). Individuals who alone, or in concert with others, participate or attempt to participate in prohibited conduct described in this policy are subject to disciplinary action by the University, notwithstanding any action that may or may not be taken by civil or criminal authorities. Students who engage in such prohibited conduct will be subject to disciplinary action as provided in Appendix C (Chapter 11, Student Discipline and Conduct).

Note: Students who are also employees of the University may also be subject under the Handbook of Operating Procedures (HOP) for the same conduct described in this policy (e.g., HOP 3-3031 and HOP 8-1010).

The University encourages affected individuals to promptly report incidents of sex and gender discrimination, sexual harassment, sexual assault, sexual misconduct, interpersonal violence, and stalking as provided in this policy. The University also encourages individuals who may have witnessed instances of prohibited conduct to report such information as outlined in this policy.

Responsible Employees of the University (as defined below) are required to promptly report incidents of prohibited conduct. The University will respond to all reports made under this policy. The University will conduct a prompt, fair, and impartial investigation and resolution for complaints and, where appropriate, issue remedial measures and/or sanctions.

Scope

This policy applies to all University students and employees, visitors, contractors, applicants for admission to or employment with the University, as well as University affiliates and others conducting business on campus.

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 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.

The standard of evidence that will be used in investigating and adjudicating complaints made under this policy is the “preponderance of the evidence” standard. This standard is met if the allegation is deemed more likely to have occurred than not. Proceedings under this policy and Chapter 11, Appendix C of the General Information Catalog will provide a prompt, fair, and impartial investigation and resolution of complaints.

Definitions

For purposes of this policy, the below definitions apply. However, some of these terms are also defined under federal and/or Texas State law. For more information regarding state law definitions, please refer to Section XIII of this policy:

Complaint: A signed document or other report, including verbal reports alleging a violation of this policy.

Complainant: A person who submits a complaint alleging a violation of this policy, or is identified as the person who has allegedly experienced a Title IX related incident.

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. Past consent does not imply future consent. 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 results 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/her own free will to choose whether or not to engage in sexual activity.

An individual’s manner of dress or the existence of a current or previous dating or sexual relationship between two or more individuals does not, in and of itself, constitute consent to engage in a particular sexual activity. 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.

Incapacitation: A state of being that prevents an individual from having the capacity to give consent. For example, incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability.

Interpersonal Violence: An offense that meets the definition of domestic violence or dating violence.

Domestic Violence: Abuse or violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person with whom the complainant is cohabitating (or has cohabited) with a spouse or intimate partner, by a person similarly situated to a spouse of the complainant 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.

Dating Violence: Abuse or violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship.

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. This definition does not include acts covered under domestic violence.

Respondent: The person designated to respond to a complaint. Generally, the respondent is the person alleged to be responsible for the prohibited conduct alleged in a complaint.

Responsible Employee: Pursuant to Title IX, a Responsible Employee is a University employee who has the authority to take action to redress an alleged violation of this policy and who has been given the duty of reporting such allegations to the University Title IX Coordinator or designee, or an employee whom an individual could reasonably believe has this authority or duty.
At the University of Texas at Austin, Responsible Employees include, but are not limited to:

administrators
academic advisors
coaches, and other athletic staff who interact directly with students
faculty members, including professors, adjuncts, lecturers associate/assistant instructors (AIs), and teaching assistants (TAs)
graduate research assistants
residence life directors
resident assistants
all supervisory staff

Responsible Employees have a duty to promptly report incidents of sex discrimination, sexual harassment, sexual assault, sexual misconduct, interpersonal violence, and stalking to the University Title IX Coordinator or a Deputy Title IX Coordinator. Responsible Employees are not confidential reporting resources.

Retaliation: Any action that adversely affects the academic, employment, or other institutional status of a student or employee of the University, visitor, applicant for admission to or employment with the University, because an individual has, in good faith, brought a complaint under this policy, opposed an unlawful practice, participated in an investigation, or requested accommodations. Examples of retaliation include but are not limited to: denial of promotion, non-selection/refusal to hire, denial of job benefits, demotion, suspension, discharge, threats, reprimands, negative evaluations, harassment, or other adverse treatment that is likely to deter reasonable people from pursuing their rights. Retaliation is strictly prohibited and will not be tolerated.

Sex Discrimination: Conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects the individual or group’s employment or education on the basis of sex (including gender).

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.

Fondling: The touching of the private body parts (including, but not limited to the genitalia, anus, groin, breast, inner thigh, or buttocks) of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of the complainant's age or because of the complainant's temporary or permanent mental incapacity.

Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Sexual intercourse with a person who is younger than 17 years of age and is not a spouse of the respondent.

Sexual Harassment: Unwelcome conduct of a sexual nature. Sexual harassment is a form of sex discrimination that can occur when

the submission to unwelcome physical conduct of a sexual nature, or to unwelcome requests for sexual favors or other verbal conduct of a sexual nature, is made as an implicit or explicit term or condition of employment or education;
the submission to or rejection of unwelcome physical conduct of a sexual nature, or unwelcome requests for sexual favors or other verbal conduct of a sexual nature, is used as a basis for academic or employment decisions or evaluations;
unwelcome physical acts of a sexual nature, or unwelcome requests for sexual favors or other verbal conduct of a sexual nature, that have the effect of creating an objectively hostile environment that substantially interferes with employment or education on the basis of sex (including gender); or
such conduct is intentionally directed towards a specific individual and has the purpose or effect of unreasonably interfering with that individual’s education, employment, or participation in University activities, or creating an intimidating, hostile, or offensive atmosphere.

Sexual harassment may include:

Sexual violence, as defined under the Texas Penal Code, which includes rape, sexual assault, sexual battery, and sexual coercion.
Physical conduct that, depending on the totality of the circumstances present, including frequency and severity, may constitute sexual harassment includes but is not limited to

unwelcome intentional touching; or
deliberate physical interference with or restriction of movement.

Verbal conduct, including oral, written, or symbolic expression, that, depending on the totality of the circumstances present, including frequency and severity, may constitute sexual harassment includes, but is not limited to

explicit or implicit propositions to engage in sexual activity;
gratuitous comments, jokes, questions, anecdotes, or remarks of a sexual nature about clothing or bodies;
gratuitous remarks about sexual activities or speculation about sexual experiences;
persistent, unwanted sexual or romantic attention;
subtle or overt pressure for sexual favors;
exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars, or other materials; or
deliberate, repeated humiliation, or intimidation based upon sex.

This policy applies only to verbal conduct that is not necessary to an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea.

Sexual Misconduct: Behavior or conduct of a sexual nature that is unprofessional and/or inappropriate for the educational and/or working environment. Behaviors that may constitute sexual misconduct include, but are not limited to

repeatedly engaging in sexually oriented conversations, comments, or horseplay, including the use of language or the telling of jokes or anecdotes of a sexual nature in the workplace, office, or classroom, even if such conduct is not objected to by those present;
gratuitous use of sexually oriented materials not directly related to the subject matter of a class, course, or meeting, even if not objected to by those present;
failure to observe the appropriate boundaries of the supervisor/subordinate or faculty member/student relationship, including the participation of a supervisor, teacher, advisor, or coach in an unreported consensual romantic or sexual relationship with a subordinate employee or student; or
engaging in any form of sexual exploitation. Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his or her own benefit or to benefit anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to, engaging in voyeurism; forwarding of pornographic or other sexually inappropriate material by email, text, or other channels to non-consenting students/groups; and any activity that goes beyond the boundaries of consent, such as recording of sexual activity, letting others watch consensual sex, or knowingly transmitting a sexually transmitted disease (STD) to another.

Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for the person's own safety or the safety of others or would cause that person to suffer substantial emotional distress. A “course of conduct” means two or more acts in which a person directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person or interferes with a person’s property. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the complainant. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Prohibition on Retaliation

Retaliation against a person who reports a potential violation under this policy, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under this policy is strictly prohibited and will not be tolerated. Retaliation includes but is not limited to threats, intimidation, reprisals and/or adverse actions related to an individual’s employment or education. The University will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in an investigation pursuant to this policy will not be subjected to retaliation. Individuals who believe they are experiencing retaliation are strongly encouraged to file a complaint with the University using the same procedure outlined in Section VIII of this policy.

Support Services

Any University student who requires assistance with classes, living arrangements, and/or University-provided support services and referrals as a result of an alleged violation of this policy is encouraged to visit the Office of the Dean of Students, Student Emergency Services (SES) for additional information. SES staff can assist students with the various reporting options and support services that may be available to them.

If a student believes they have experienced conduct prohibited under this policy, the student may also contact the University Title IX Coordinator or a Deputy Title IX Coordinator for additional assistance and information. A student who would like to report an alleged sexual assault, interpersonal violence (including domestic violence and dating violence) and/or stalking to the police and would like the University Title IX Coordinator or a Deputy Title IX Coordinator to accompany him/her to provide support during the reporting process, should contact the University Title IX Coordinator or a Deputy Title IX Coordinator via one of the following methods:

University Title IX Coordinator
Title IX Office/University Compliance Services
512-232-3992
titleix@austin.utexas.edu (email)
http://titleix.utexas.edu/

Deputy Title IX Coordinator
Title IX Office/University Compliance Services
512-471-2437
titleix@austin.utexas.edu (email)
http://titleix.utexas.edu/

Deputy Title IX Coordinator for Faculty/Staff
Office for Inclusion and Equity
512-471-1849
equity@utexas.edu (email)
http://equity.utexas.edu/

Deputy Title IX Coordinator for Students
Office of the Dean of Students
512-471-5017
studentemergency@austin.utexas.edu (email)
http://deanofstudents.utexas.edu/emergency/

Deputy Title IX Coordinator for Athletics
Intercollegiate Athletics
512-232-3818
http://texassports.com/sports/2017/8/4/rmcs-reporting-potential-violations.aspx

A student may also contact the following external, federal or state agencies:

U.S. Department of Education (Office for Civil Rights)
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
214-661-9600
214-661-9587 (fax)
http://www.hhs.gov/ocr/index.html

U.S. Equal Employment Opportunity Commission
Legacy Oaks, Building A
Suite 200
San Antonio, TX 78229
1-800-669-4000
210-281-7690 (fax)
https://www.eeoc.gov/

Texas Workforce Commission
Civil Rights Division
101 E. 15th Street
Room 144-T
Austin, TX 78778-0001
512-463-2642
www.twc.state.tx.us

Use of Drugs and Alcohol

Any student who files a complaint, or who acts as a third-party witness in an investigation under this policy, will not be subject to disciplinary action by the Office of the Dean of Students for using and/or consuming alcohol or drugs at or near the time of the alleged incident, provided that any such alcohol or drug use did not, and do not, place the health or safety of any other person at risk.

Confidentiality and Anonymity

Individuals wishing to remain anonymous can file a complaint online, by telephone or in writing with the University Title IX Coordinator or a Deputy Title IX Coordinator. However, electing to remain anonymous may greatly limit the University’s ability to investigate an alleged incident, collect evidence, and/or take effective action against individuals or organizations accused of violating this policy.

The University has an obligation to maintain an environment free of sex discrimination, thus many University employees have mandatory reporting and response obligations and may not be able to honor a complainant’s request for confidentiality. In the event confidentiality cannot be maintained, the University will share information only as necessary and only with people who need to know to fulfill the purposes of this policy and applicable law, such as investigators, witnesses, administrators, and the respondent. The University will comply with the Family Educational Rights and Privacy Act (FERPA), with Texas Education Code Section 51.971 and other confidentiality laws as they apply to Title IX investigations.

Complainants who want to discuss a complaint in strict confidence may use the confidential support resources described in this policy in Section XII.

Complaint and Investigation

The University strongly encourages the prompt reporting of prohibited conduct covered by this policy. Delays in reporting can greatly limit the University’s ability to stop the alleged conduct, collect evidence and/or take effective action against individuals or organizations accused of violating this policy. A report of alleged violations of this policy may be made by

a person who believes they experienced prohibited conduct (a complainant); and/or
a person who has information that prohibited conduct may have been committed (a reporter).

Once a report of prohibited conduct is received, the University will respond promptly and investigate the report in a fair and impartial manner. Where appropriate, the University will enact interim measures. The University will handle reports of prohibited conduct consistently with procedural guidelines developed to ensure prompt and equitable resolution of such reports. If a complainant chooses not to participate in the University’s investigation of a report, the University may, at its discretion, pursue the report without the complainant’s participation.

The purpose of an investigation, which includes interviewing the parties and witnesses, is to gather and assess evidence. The standard of evidence that will be used in investigating and adjudicating complaints made under this policy is the “preponderance of the evidence” standard. This standard is met if the allegation is deemed more likely to have occurred than not. All investigators shall have appropriate and ongoing training regarding issues related to domestic violence, dating violence, sexual assault, sexual misconduct and stalking, as well as, on how to conduct an investigation that protects the safety of complainants and promotes accountability.

Possible outcomes of an investigation include: (1) a finding that the allegations are not warranted or could not be substantiated; or (2) a finding that the allegations are substantiated and constitute a violation of the policy.

Complaints Against UT Students
Individuals may report an alleged violation of this policy by a University student to the University Title IX Coordinator, or a Deputy Title IX Coordinator, the Office of the Dean of Students, or to any Responsible Employee listed below which includes, but is not limited to:

administrators
academic advisors
coaches, or other athletic staff who interact directly with students
faculty members, including professors, adjuncts, lecturers, associate/assistant instructors (AIs), and teaching assistants (TAs)
graduate research assistants
residence life directors
resident assistants
all supervisory staff

Responsible Employees are in turn required to promptly notify the University Title IX Coordinator or a Deputy Title IX Coordinator of the reported incident. Responsible Employees are not confidential reporting resources.

Depending on the respondent’s relationship with the University, the investigation will be managed by the Office of the Dean of Students or the Office for Inclusion and Equity according to their respective procedures.

Office of the Dean of Students processes complaints of violations of this policy as provided in Appendix C, Chapter 11, Student Discipline and Conduct.

Students may report a violation of this policy by contacting the Office of the Dean of Students. Incidents may be reported by completing the online referral form available at the website or by visiting the Office of the Dean of Students, located on the 4th 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 the Office of the Dean of Students you can contact the Title IX Office at 512-471-0419 or by email, Student Emergency Services or Title IX Training and Investigations at 512-471-5017 or by email. A student may file a complaint with the Office of the Dean of Students regardless of whether or not an individual chooses to file a report with the appropriate law enforcement agency.

A student may also file a complaint against another University student with the University Title IX Coordinator.

Investigation of a UT student:
The Office of the Dean of Students investigates complaints of violations of this policy as provided in Appendix C, Chapter 11, Student Discipline and Conduct. Allegations of violations under this policy will be investigated in a prompt, fair and impartial manner, and resolved appropriately. Allegations of sex discrimination, sexual harassment, sexual assault, sexual misconduct, interpersonal violence (including domestic violence and dating violence), stalking, or other Title IX-related allegations will be investigated pursuant to the University’s informal resolution process or through a formal investigation process. The informal resolution process is an alternative investigation and resolution process for certain categories of allegations as explained in detail below. Additional information relating to the formal investigation process can be found Appendix C, Chapter 11.

The Informal Resolution Process:

The informal resolution process is a voluntary, structured interaction between involved parties to resolve concerns at the earliest stage possible. The informal resolution process is intended to be flexible while also providing for a full range of possible outcomes.

Circumstances in which the Informal Resolution Process May Be Used

The informal resolution process is not appropriate for all types of alleged conduct. Specifically, the informal resolution process is not available in cases involving alleged sexual assault or interpersonal violence (including dating violence or domestic violence). The Associate Vice President and Title IX Coordinator (Title IX Coordinator), or the Title IX Coordinator’s designee, will determine which allegations are eligible for resolution via the informal resolution process.

The informal resolution process may be terminated at any time by either the Title IX Coordinator or any of the parties involved, at which point the allegation will be investigated via the formal investigation process.

Informal Resolution Procedure

For qualifying cases, both the Complainant and Respondent may request resolution of an allegation via the informal resolution process. This request can be made at any time before, or during the investigation and must be made, in writing, to the Title IX Coordinator. In the case of a reluctant Complainant, the Title IX Coordinator, or the Title IX Coordinator’s designee, may initiate the informal resolution process if both parties agree. At any point during the informal resolution process, the Complainant, Respondent or Title IX Coordinator (or the Title IX Coordinator’s designee) may elect to switch to the formal investigation process detailed in Appendix C, Chapter 11 and Appendix D.

The informal resolution process may result in the following types of outcomes being required where appropriate: facilitating an agreement between the parties, separating the parties, referring the parties to counseling programs, conducting targeted educational and training programs, and mediation.

If the parties involved in the informal resolution process fail to reach a mutually agreeable outcome for the alleged conduct, the allegation will be resolved via the formal investigation process. Agreements reached via the informal resolution process shall be final and cannot be appealed absent the discovery of new and material information or other similar circumstances, in which case a new investigation may be initiated. If the Respondent fails to complete the required outcomes, a complaint will be submitted to the Office of the Dean of Students as provided in Appendix C, Chapter 11, Student Discipline and Conduct. The University anticipates that cases eligible for resolution via the informal resolution process will be completed within 30 days of both party’s election to use the informal resolution process.

Informal Resolution Documentation

The University shall document any informal resolution. Such documentation shall be retained by the Title IX Office, Office of the Dean of Students or Office for Inclusion and Equity as appropriate and will be kept confidential to the extent permitted by law. An informal resolution meeting shall not be considered a precondition for the filing of a written complaint.

Complaints against a UT faculty or staff member:
Students may report an alleged violation of this policy by a University employee, including faculty, staff, and student employees, as well as visitors, or contractors to the University Title IX Coordinator or a Deputy Title IX Coordinator, the Office for Inclusion and Equity, or to any Responsible Employee listed below which includes but is not limited to:

administrators
academic advisors
coaches, or other athletic staff who interact directly with students
faculty members, including professors, adjuncts, lecturers, associate/assistant instructors (AIs), and teaching assistants (TAs)
graduate research assistants
residence life directors
resident assistants
all supervisory staff

Students may also contact the Office of the Dean of Students; however, the Office of the Dean of Students will refer such complaints to the Office for Inclusion and Equity for investigation. The Office for Inclusion and Equity is required to promptly notify the University Title IX Coordinator or a Deputy Title IX Coordinator of the reported incident. The Office for Inclusion and Equity may be contacted directly at 512-471-1849 or the website.

Investigation of a UT faculty or staff member:
The Office for Inclusion and Equity processes complaints of violations of this policy as provided in its Procedure and Practice Guide.

Ongoing Training

The University’s commitment to raising awareness of the harm resulting from the conduct prohibited in this policy includes offering ongoing education to both employees and students. In addition, the University Title IX Coordinator, Deputy Title IX Coordinators, investigators, and hearing officers receive training each academic year about offenses, investigatory procedures, due process requirements, conducting a hearing and University policies related to or described in this policy. The University is committed to protecting the safety of complainants and the due process of rights of all students, and promoting accountability.

Academic, Living, Travel, or Work Accommodation(s)

In some instances, when a student reports an alleged violation of this policy to the University, the University may take emergency action to protect the emotional health or physical safety of the reporting student and/or of the larger University community. For example, a student who lives on campus may be moved to another campus living environment if they choose or may be allowed to drop a class. Specific arrangements will be made on a case by case basis to ensure appropriate accommodations are provided. Such arrangements will be facilitated through the Office of the Dean of Students and/or other appropriate University officials and all decisions will be based upon the evidence then available.

Interim Measures and Final Sanctions for Students

Interim measures. If the University receives evidence indicating a respondent presents a continuing danger to people or property or poses an ongoing threat of disrupting the academic process, the Office of the Dean of Students or other appropriate University official may take immediate interim disciplinary action against the respondent pending a final determination of an alleged violation of this policy. Such protective/interim measures may include, but are not limited to, suspending the right of the student to be present on campus (including living in campus residence halls) and to attend classes, and otherwise altering the status of the student. Other protective measures may be implemented given the respondent’s relationship with the University.

Final sanctions. In the event a final determination is made that the respondent is responsible for violating this policy, the University may impose any of the sanctions authorized in Appendix C, Chapter 11, Section 11-701, Student Discipline and Conduct.

Options and Resources

Below is a list of educational and preventive programs and support services on and off campus that provide information relating to sexual assault, interpersonal violence (including domestic violence and dating violence), and stalking. Brochures and other printed materials are available from each office. Additional information may be obtained by calling the numbers or visiting the websites listed below, or visiting the Title IX website: https://titleix.utexas.edu/.

Police and Medical Resources

A student who experiences any form of sexual assault is strongly encouraged to seek immediate medical care. Students may undergo a medical exam to properly collect and preserve physical evidence of the sexual assault with or without the police’s involvement. It is important to preserve forensic and other physical evidence that may assist in proving that the alleged criminal offense occurred and such evidence may be helpful in obtaining a protective order against the respondent. Therefore, a medical exam should be performed immediately after the event, if possible. If a medical exam is not or cannot be performed immediately after the event, students may still obtain a Sexual Assault Forensic Exam (SAFE) within five (5) days of the sexual 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 an individual has contacted, or intends to contact, the police. To obtain a SAFE exam, contact Safe Alliance at 512- 267-SAFE (7233) or visit the website: https://www.safeaustin.org/our-services/face-to-face-support/forensic-nursing-exams/. A student may also seek an exam from their own physician.

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 accused 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 alleged incident occurred on campus, a report may be filed with the UT Police Department (UTPD) by calling 512- 471-4441, enter “9” (for non-emergencies) or in person at UTPD headquarters at 2201 Robert Dedman Drive, Austin, TX 78705 (across from the Manor Garage and Darrell K Royal-Texas Memorial Stadium).

If the alleged 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.

Emergency: 911
Victim Services (bilingual operators available): 512-974-5037
Relationship violence (Family Protection Team): 512-974-8535
Non-emergency stalking reports: 311

A student who has experienced a sexual assault is strongly encouraged to seek medical and psychological care regardless of whether the person intends to request a SAFE or report the assault to the police. An individual 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, Safe Alliance, or by a care provider of the student’s choosing.

UHS Nurse Advice Line is staffed 24 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. A student does not need to file a criminal police report to either use on or off-campus resources or to file a complaint with the Office of the Dean of Students.

Confidential On-Campus Resources

If a student would like the details of the incident to remain confidential, they should speak with a campus mental health counselor, campus health service providers, or off-campus rape crisis resources who can maintain confidentiality. Campus counselors may be seen on an emergency basis.

Counseling and Mental Health Center
512- 471-3515
http://cmhc.utexas.edu/

Provides counseling advocacy services to give information about safety, legal, housing, academic, and medical options and manages the Voices Against Violence Survivor Emergency Fund.
Offers individual and group counseling services.
Operates 24-hour telephone counseling service at 512- 471-CALL (471-2255)

University Health Services
Appointments: 512- 471-4955
http://healthyhorns.utexas.edu/
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 and pregnancy, and offers emergency contraception.
Provides a place to receive a forensic medical exam by a Sexual Assault Nurse Examiner (SANE): 512-267-SAFE (7233)

Private On-Campus Resources (Non-Mandatory Reporting Options)

If an individual would like to speak with a University administrator privately without reporting the incident to Title IX or to the University, the person can speak with a private resource who is not a mandatory reporter.

Interpersonal Violence Peer Support
512-471-6147
http://deanofstudents.utexas.edu/emergency/advocacysupport.php

A group of expertly trained undergraduate and graduate students who offer private, peer-based support to students who have been impacted by interpersonal violence.
Engage in respectful, active listening and emotional support.
Provide information about students' rights and options regarding the Title IX reporting and investigation process.
Explore academic, housing, medical, and/or financial accommodations and remedies.
Referrals for on and off campus resources.

Advocates
512-471-5017
http://deanofstudents.utexas.edu/emergency/advocacysupport.php

Serves as an advocate and is available to answer questions, discuss reporting options, and assist with coordinating remedies.
Provides referrals within the University and in the Austin area when necessary.

University Ombuds
For students and staff: 512-471-3825
For faculty: 512-471-5866
https://ombuds.utexas.edu/

Provides a neutral, informal, and independent space for information about university resources and processes for student, staff, and faculty.
Provides a space to discuss interpersonal difficulties, university policies, university bureaucracy, and conflict resolution techniques.
Help identify options and seek resolution.

Non-Confidential On-Campus Resources (with Title IX Reporting Obligations)

You are strongly encouraged to report an alleged violation of this policy to a University “Responsible Employee” (for example, an administrator, faculty member, supervisory staff, coach or other athletic staff who interact directly with students, residence life director, resident assistant, academic advisor, graduate research assistant or teaching assistant). When a Responsible Employee is informed of an alleged violation of this policy, the Responsible Employee is required to notify the University Title IX or Deputy Title IX Coordinator of the allegation. The University takes reports of alleged violations of this policy very seriously and will investigate such allegations. Formal reporting to a Responsible Employee means that only people who need to know of the alleged violation will be informed, and such information will be shared only as necessary with relevant University employees, witnesses, and the respondent.

University Title IX Coordinator
University Compliance Services
512-232-3992
titleix@austin.utexas.edu
www.titleix.utexas.edu

Deputy Title IX Coordinator for Faculty/Staff
Office for Inclusion and Equity
512-471-1849
equity@austin.utexas.edu
http://equity.utexas.edu/

Deputy Title IX Coordinator for Students
Office of the Dean of Students
512-471-5017
studentemergency@austin.utexas.edu
http://deanofstudents.utexas.edu/emergency/

Deputy Title IX Coordinator for Athletics
Intercollegiate Athletics
512-232-3818
http://texassports.com/sports/2017/8/4/rmcs-reporting-potential-violations.aspx

Student Emergency Services
512-471-5017
www.deanofstudents.utexas.edu/emergency

SES is available to receive Title IX reports and answer questions.
May provide limited student emergency funds.
Assists with academic or classroom issues.
Provides referrals within the University and in the Austin area when necessary.

Student Conduct and Academic Integrity
512- 471-2841
http://deanofstudents.utexas.edu/conduct/

Responsible for adjudicating violations of University policy and administers the student conduct process for policy violations.

Title IX Training and Investigations
512- 471-5017
http://deanofstudents.utexas.edu /investigations/

Investigates claims of discrimination regarding student matters.
Can provide no contact directives to students involved in a complaint.
Provides training to campus community on Title IX related investigation processes.

University of Texas Police Department
512- 471-4441, enter “9” (for non-emergencies)
https://police.utexas.edu/

Where you file criminal reports (pseudonym is available to victims to shield your identity in the police report). Offers crime prevention presentations that include issues related to assault
Publishes crime statistics information
Teaches free Rape Aggression Defense (RAD) classes to University students, staff members, and faculty members

Behavior Concerns Advice Line (BCAL)
512- 232-5050
http://besafe.utexas.edu/behavior-concerns-advice-line

Allows members of the University community to discuss their concerns about an individual’s behavior.
Offers a centralized resource that is available 24-hours a day for anyone who is not sure how to help a person they are 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.

New Student Services
512- 471-3304
https://orientation.utexas.edu

Provides programs to raise awareness of about safety and offer resources for prevention and support
Trains Orientation Advisors about issues related to sexual assault and interpersonal violence.

Sorority and Fraternity Life
512- 471-9700
http://deanofstudents.utexas.edu/sfl/

Provides educational and prevention workshops for individual fraternities and sororities relating to sexual assault, interpersonal violence, and consent.
Facilitates sexual assault education to all incoming pledges.

University Housing and Dining
512- 471-8631
https://housing.utexas.edu/

Trains Resident Assistants on issues related to sexual assault and interpersonal violence.
Publishes an online safety handbook.
Coordinates follow-ups and support to students impacted in the residence halls or University apartments.

Austin Community Resources

Safe Alliance
512- 267-SAFE
http://www.safeaustin.org/
Operates a 24-hour hotline: 512-267-7233

Confidential community resource, off-campus
Eloise House: Provides forensic medical exam by a Sexual Assault Nurse Examiner (SANE): 512-267-SAFE (7233)
Offers individual and group therapy for individuals who have experienced sexual assault and/or domestic violence.
Provides domestic violence shelter services.

Austin Police Department
911
http://www.austintexas.gov/department/police

911 provides emergency response and takes reports of sexual assaults
Offers Victim Services counselors at 512- 974-5037

St. David’s Hospital Emergency Room
512- 544-4240
http://www.stdavids.com/locations-facilities/st-davids-medical-center.aspx

Operates emergency room, located at 919 East 32nd Street, Austin, TX 78705
Forensic medical exams available by a Sexual Assault Nurse Examiner (SANE)

Dell Seton Medical Center at The University of Texas
512- 324-7000
http://www.seton.net/locations/dell-seton/

Operates emergency room, located at 1500 Red River Street, Austin, TX 78701
Forensic medical exams available by a Sexual Assault Nurse Examiner (SANE)

Texas Advocacy Project
512-476-5377
https://www.texasadvocacyproject.org/

Offers legal advice from attorneys on issues of family violence, dating violence, sexual violence, and protective orders.

Asian Family Support Services of Austin (AFSSA)
877-281-8371
www.afssaustin.org

Provides crisis intervention, advocacy, legal services, and support groups for Asian women who have experienced sexual assault or are in abusive relationships.

Legal Aid for Survivors of Sexual Assault
1-800-991-5153
http://www.legalaidforsurvivors.org/

Provides free legal services and general advice.
Provide community trainings.
Provides resources and materials to educate survivors on their legal rights and options.

State Law Definitions

If a person would like to press criminal charges for an alleged violation of any of the below criminal laws, or would like to seek an order of protection, the definitions contained in the Texas Penal Code would apply; not the internal definitions used in this policy.

Dating Violence: “an act, other than a defensive measure to protect oneself, by an individual that is committed against a victim with whom the actor has or has had a dating relationship; or because of the victim’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault. ‘Dating relationship’ means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ‘dating relationship.’” Texas Family Code Section 71.0021.

Domestic (Family) Violence: “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself, or abuse by a member of a family or household toward a child of the family or household, or dating violence.” Texas Family Code Section 71.004.

Sexual Assault: “a person commits an offense if the person (1) intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or 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; or (2) intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means; causes the penetration of the mouth of a child by the sexual organ of the actor; causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

A sexual assault is without the consent of the other person if: the actor compels the other person to submit or participate by the use of physical force or violence; the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; the actor 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; the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; the actor is a public servant who coerces the other person to submit or participate; or the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor. ‘Child’ means a person younger than 17 years of age. ‘Spouse’ means a person who is legally married to another.” Texas Penal Code Section 22.011.

Stalking: “a person who, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that: (1) the person knows or reasonably believes the other person will regard as threatening including bodily injury or death for the other person, bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship, or fear that an offense will be committed against the other person’s property, and (2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person's property, and (3) would cause a reasonable person to fear bodily injury or death for himself or herself, or bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship, or fear that an offense will be committed against the person’s property. A fact finder may find that different types of conduct described above, if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.” Texas Penal Code Section 42.072.

Questions

Questions regarding this policy should be directed to the University Title IX Coordinator in University Compliance Services, the Office of the Dean of Students, or the Office for Inclusion and Equity.