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

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

This is the policy for the University of Texas at Austin (“University”) to produce an educational and environment that is working its pupils, faculty, and staff that is free of intercourse discrimination (including discrimination on such basis as intimate orientation, sex identification or gender phrase), intimate harassment, intimate assault, intimate misconduct, social physical violence (including domestic physical violence and dating physical violence), and stalking. Relative to federal and state legislation, the University forbids discrimination based on intercourse (including sex) and forbids intimate harassment, intimate attack, intimate misconduct, social physical violence, and stalking.

The University will not tolerate intercourse discrimination, intimate harassment, intimate misconduct or real punishment, threats of physical physical violence, real assault, or any style of sexual physical violence, including not restricted to intimate attack, acquaintance rape, domestic physical physical violence, dating physical violence, or stalking (collectively or singly known as “prohibited conduct”). People who alone, or in concert with other people, engage or make an effort to take part in prohibited conduct described in this policy are at the mercy of disciplinary action by the University, notwithstanding any action which could or may possibly not be taken by civil or unlawful authorities. Students whom take part in such conduct that is prohibited be at the mercy of disciplinary action as supplied in Appendix C (Chapter 11, Scholar Discipline and Conduct).

Note: pupils that are additionally employees associated with the University can also be topic underneath the Handbook of running Procedures (HOP) when it comes to conduct that is same in this policy ( e.g., HOP 3-3031 and HOP 8-1010).

The University encourages impacted people to promptly report incidents of intercourse and gender discrimination, sexual harassment, intimate attack, intimate misconduct, social physical physical violence, and stalking as supplied in this policy. The University additionally encourages people who could have witnessed cases of prohibited conduct to report information that is such outlined in this policy.

Accountable Employees associated with the University (as defined below) have to promptly report incidents of prohibited conduct. The University will react to all reports made under this policy. The University will conduct a prompt, reasonable, and unbiased research and quality for complaints and, where appropriate, problem remedial measures and/or sanctions.

  1. Range

This policy pertains to all University pupils and workers, site site visitors, contractors, candidates for admission to or work using the University, in addition to University affiliates as well as others performing company on campus.

As well as incidents that happen from the University campus, the University usually takes disciplinary action as a result to incidents that occur during official functions regarding the University or functions sponsored by authorized pupil companies, or incidents which have a significant link with the passions associated with University regardless of location where the incident(s) occur.

The typical of proof which will be found in investigating and complaints that are adjudicating under this policy may be the “preponderance for the evidence” standard. This standard is met in the event that allegation is regarded as prone to have happened than perhaps maybe perhaps not. Procedures under this policy and Chapter 11, Appendix C for the General Suggestions Catalog provides a prompt, reasonable, and investigation that is impartial quality of complaints.

  1. Definitions

The below definitions apply for purposes of this policy. But, a few of these terms may also be defined under federal and/or Texas State legislation. To find out more state that is regarding definitions, please make reference to Section XIII with this policy:

Grievance: a document that is signed other report, including spoken reports alleging a breach for this policy.

Complainant: someone who submits a grievance alleging a breach of the policy, or perhaps is defined as the one who has presumably experienced a Title IX incident that is related.

Consent: A voluntary, mutually understandable contract that clearly shows a willingness to take part in each example of sexual intercourse. Consent to a single act will not indicate permission to a different. Last permission doesn't indicate future permission. Consent to take part in intercourse with one individual doesn't imply permission to take part in sexual intercourse with another. Permission may be withdrawn whenever you want. Any phrase of an unwillingness to take part in any example of sexual intercourse establishes a lack that is presumptive of.

Consent isn't effective if it benefits from: (a) making use of real force, (b) a danger of real force, (c) intimidation, (d) coercion, ( e) incapacitation, or (f) any kind of component that would eradicate an individual’s ability to work out his/her very very own free might to select whether or otherwise not to take part in sexual intercourse.

An individual’s method of gown or the presence of an ongoing or past dating or intimate relationship between a couple of people will not, in and of itself, represent permission to take part in a certain sexual intercourse. Even yet in the context of a relationship, there should be a voluntary, mutually understandable contract that clearly suggests a willingness to take part in each example of sexual intercourse.

Incapacitation: a continuing state to be that prevents a person from getting the capability to provide permission. A person being asleep or unconscious, or because of an intellectual or other disability for example, incapacitation could result from the use of drugs or alcohol.

Interpersonal Violence: An offense that fits this is of domestic physical violence or violence that is dating.

Domestic Violence: punishment or violence committed by an ongoing or spouse that is former intimate partner for the complainant, by an individual with who the complainant shares a kid in accordance, by an individual with who the complainant is cohabitating (or has cohabited) by having a partner or intimate partner, by someone likewise situated to a partner of this complainant underneath the domestic or family members physical physical physical violence laws and regulations regarding the State of Texas, or by other individual against an adult or youth target that is protected from that person’s acts beneath the domestic or household physical violence rules associated with State of Texas.

Dating Violence: punishment or violence committed by somebody who is or has been around a social relationship of an intimate or intimate nature with the complainant. The presence of this type of relationship will be determined in line with the statement that is complainant’s with consideration associated with the kind and duration of the partnership in addition to regularity of connection involving the individuals mixed up in relationship. A couple could be in an enchanting or intimate relationship no matter whether the partnership is intimate in the wild; nevertheless, neither an informal acquaintance nor ordinary fraternization between two people in a company or social context shall represent an enchanting or relationship that is intimate.

Dating violence includes, but is not restricted to, intimate or real punishment or the danger of such punishment. This meaning will not consist of functions covered babes xxx under domestic physical violence.

Respondent: anyone designated to answer a grievance. Generally speaking, the respondent may be the person speculated to be accountable for the forbidden conduct alleged in a grievance.

Accountable worker: Pursuant to Title IX, an employee that is responsible a University worker that has the authority to do this to redress an so-called breach of the policy and that has been provided the responsibility of reporting such allegations to your University Title IX Coordinator or designee, or a member of staff who someone could reasonably think has this authority or duty. In the University of Texas at Austin, accountable workers consist of, but are not restricted to:

  • Administrators
  • Scholastic advisors
  • Coaches, along with other staff that is athletic interact straight with pupils
  • Faculty users, including teachers, adjuncts, lecturers associate/assistant trainers (AIs), and training assistants (TAs)
  • Graduate research assistants
  • Residence life directors
  • Resident assistants
  • All staff that is supervisory

Accountable workers have responsibility to immediately report incidents of intercourse discrimination, sexual harassment, intimate attack, intimate misconduct, social violence, and stalking to your University Title IX Coordinator or even a Deputy Title IX Coordinator. Accountable workers aren't reporting that is confidential.

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