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Added: Delanie Tesch - Date: Sexual Misconduct and other conduct prohibited under this Policy will not be tolerated and will be subject to disciplinary action. The university will promptly discipline any individuals or organizations within its control who violate this Policy. Free Speech. Freedom of speech and principles of academic freedom are central to the mission of institutions of higher education.

Constitutionally protected expression cannot be considered Sexual Misconduct under this Policy. The Policy also applies to conduct that occurs:. It also applies regardless of the gender, gender identity or sexual orientation of the parties.

Coercion can include a wide range of behaviors, including psychological or emotional pressure, physical or Sex dating in Collegeport threats, intimidation, manipulation, or blackmail that causes the person to engage in unwelcome sexual activity. Complainant: The individual who is alleged to be the victim of any prohibited conduct under this Policy.

Note : Under state law, Confidential Employees who receive information regarding incidents of sexual harassment, sexual assault, dating violence or stalking committed by or against a student or an employee of the university, are required to report the type of incident to the Title IX Coordinator or Deputy Coordinators.

Consent: A voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. Consent to one act does not imply consent to another. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

Consent can be withdrawn at any time. Any expression of an unwillingness to engage in any instance of sexual activity establishes a presumptive lack of consent. A current or dating or sexual relationship, by itself, is not sufficient to constitute consent.

Even in the context of a relationship, there must be a voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

The existence of such a relationship shall be determined based Sex dating in Collegeport the consideration of the following factors:. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence. A hostile environment can be created by anyone e. 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.

This may include but is not limited to:. Verbal conduct including through written and electronic meansunwanted statements of a sexual nature intentionally stated to a Sex dating in Collegeport or group of people, that are objectively offensive to a reasonable person and also so severe or pervasive that they created a Hostile Environment, as defined in this Policy. The type of verbal conduct if all other elements are met may include:. Preponderance of the Evidence: The greater weight of the credible evidence. Preponderance of the evidence is the standard for determining allegations of prohibited conduct under this Policy.

This standard is satisfied if the action is deemed more likely to have occurred than not to have occurred. Respondent: The individual who has been reported to be the perpetrator of prohibited conduct under this policy. Responsible Employee: A university employee who has the duty to report incidents of and information reasonably believed to be Sexual Misconduct to the Title IX Coordinator. All employees including without salary faculty are Responsible Employees except Confidential Employees.

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

Sexual harassment, as defined in this Policy, is a form of sex discrimination. Sexual Assault : An offense that meets the definition of rape, fondling, incest, or statutory rape:. Sexual Exploitation: Conduct where an individual takes non-consensual or abusive sexual advantage of another for their own benefit, or to benefit anyone other than the one being exploited.

Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:. The first and third bullets of this definition are not Sex dating in Collegeport for severity, pervasiveness, offensiveness, or denial of equal educational access. Such conduct is sufficiently serious to deprive a person of equal access. Therefore, any instance of quid pro quo sexual harassment or any instance of sexual assault, dating violence, domestic violence, or stalking are considered sexual harassment under this Policy.

Sexual Misconduct: This term is broadly defined to encompass sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and other Inappropriate Sexual Conduct. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

For the purposes of this definition:. Substantial emotional distress: means ificant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. General Statement Empowering Community. This policy distinguishes between reporting sexual misconduct incidents on the one hand and filing Formal Complaints on the other.

Reporting Sexual Misconduct incidents informs the university of the incident, which allows the institution to provide Supportive Measures as outlined in Section V of this Policy to the Complainant and does not necessarily result in the initiation of the Grievance Process as outlined in Section VI of this Policy.

All Complainants who report incidents of Sexual Misconduct will be offered individualized Supportive Measures. As explained in more detail below including exceptions and details as to applicabilitygenerally speaking, the Grievance Process may involve an investigation into the incident and a hearing to determine if the Respondent is responsible for the alleged conduct. Any person may report an incident, whether or not the person reporting is the person alleged to be Sex dating in Collegeport victim of the incident, and it can be a verbal or written report to the Title IX Coordinator or other offices listed below.

Responsible Employees are required to report known incidents and information of Sexual Misconduct promptly to the Title IX Coordinator. For others in the university community, you are strongly encouraged to report Sexual Misconduct, Retaliation, and any other conduct prohibited under this Policy as soon as you become aware of such conduct.

Students may discuss an incident with Confidential Employees or an off-campus resource e. The Title IX Office can help individuals contact these law enforcement agencies. Employees and students with protective or restraining orders relevant to a complaint are encouraged to provide a copy to UTP-H.

Office for Civil Rights U. The university has great respect for the privacy of the parties identified in a report or Formal Complaint. Under state law, however, Responsible Employees who receive information of alleged Sexual Misconduct must share that information with the Title IX Coordinator. Factors the university must consider when determining whether to investigate an alleged incident of Sexual Misconduct include, but are not limited to:.

Under state law, if the Complainant requests in writing that the university not investigate a report, the university must inform the Complainant of the decision whether or not to investigate. 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.

If you experience sexual violence, you are encouraged to seek immediate medical care. Also, preserving DNA evidence can be key to identifying the perpetrator in a sexual violence case. Victims can undergo a medical exam to preserve physical evidence with or without police involvement. If possible, this should be done immediately. The cost of the forensic portion of the exam is covered by the law enforcement agency Sex dating in Collegeport 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. Police Assistance. If you experienced or witnessed sexual misconduct, the university encourages you to make a report to the police. The police may, in turn, share your report with the Title IX Office. Thus, if the incident occurred on the university campus, you may file Sex dating in Collegeport report with UTP-H by calling Sex dating in Collegeport in person at the Knight Road, Houston, TX headquarters, even if time has passed since the incident occurred.

UTP-H can also assist with applying for any protective orders. Reporting an incident to law enforcement does not mean the case will automatically go to criminal trial or go through a Grievance Process. If UTP-H is called, a police officer will be sent to the scene to take a detailed statement. A police officer or victim services coordinator may also provide you with a ride to the hospital.

You may also file a report with the university police even if the assailant was not a university student Sex dating in Collegeport employee. If the incident occurred off campus, you may also file a report with the local police department, even if time has passed since the incident occurred. If a report is made to the police, a police officer will usually be dispatched to the location to take a written report. Counseling and Other Services. If you experience Sexual Misconduct, you are strongly encouraged to seek counseling or medical and psychological care even if you do not plan to be examined by a d physician, request a SAFE or report the incident to the police.

Similarly, other individuals impacted or affected by an incident are encouraged to seek counseling or psychological care. You may also be provided with psychological support by the Employee Assistance Program employeesa referral through the Employee Assistance Program, or a care provider of your choosing.

Additional Resources. The university will offer reasonably available individualized services, without any fee or charge, to the parties involved in a reported incident of Sexual Misconduct with or without the filing of a Formal Complaint, when applicable. Supportive Measures may include, but are not limited to, housing reasment, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, withdrawal from or retake of a class without penalty, campus escort services, mutual restrictions on contact between the parties, change in work or housing locations, leaves of absences, increased security and monitoring of certain areas of campus, or other similar measures tailored to the individualized needs of the parties.

Supportive Measures are non-disciplinary and non-punitive measures that do not unreasonably burden the other party. Any disciplinary or punitive measures may only be implemented following the conclusion of the Grievance Process, unless an emergency removal as outlined in Section III.

The university will maintain the 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. Title IX Coordinator. The Title IX Coordinator is available to discuss the Grievance Process, coordinate Supportive Measures, explain university policies and procedures, and provide education on relevant issues. Investigator s. The university will ensure that Formal Complaints are properly investigated under this Policy by investigators ased to the Formal Complaint.

The investigators are neutral and impartial fact-finders, and gather evidence during the investigation. The investigators are responsible for completing an investigation report at the conclusion of the investigation. Hearing Panel. Applicability of the grievance Process. The Grievance Process in this Policy applies to the following situations:. Respondent is a student. Respondent is an employee Faculty, Staff, Third Party. This element is met if the conduct occurred in any of the following:. Initiating the Grievance Process.

The Complainant must submit a written statement setting out the known details of the alleged conduct that is the subject of the Formal Complaint, including the following:. The Complainant may also submit any documents or information that is relevant to the Formal Complaint. Mandatory Dismissal. A dismissal under this provision only applies to allegations of Sexual Harassment.

In such an instance, the university may still apply the procedures outlined in this policy to investigate a Formal Complaint for allegations of Sexual Misconduct or other prohibited conduct. See section III. Discretionary Dismissal. If the university dismisses a Formal Complaint, the university must provide both parties a written notice of the dismissal and the reason s for the dismissal. Concurrent Criminal or Civil Proceedings. The university will not, as a matter of course, wait for the outcome of a concurrent criminal or civil justice proceeding to take action on a Formal Complaint in a university Grievance Process.

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