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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 regarding the University of Texas at Austin (“University”) to supply an educational and environment that is working its students, faculty, and staff that is free of intercourse discrimination (including discrimination on such basis as intimate orientation, sex identification or sex phrase), intimate harassment, intimate attack, intimate misconduct, social physical physical violence (including domestic physical physical violence and dating physical violence), and stalking. The University prohibits discrimination on the basis of sex (including gender) and prohibits sexual harassment, sexual assault, sexual misconduct, interpersonal violence, and stalking in accordance with federal and state law.

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

Note: Students who are also workers for the University are often topic underneath the Handbook of running Procedures (HOP) when it comes to exact same conduct described in this policy ( e.g., HOP 3-3031 and HOP 8-1010).

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

Accountable Employees for the University (as defined below) have to promptly report incidents of prohibited conduct. The University will answer 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 visitors, contractors, applicants for admission to or work with all the University, along with University affiliates yet others performing company on 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 in addition to incidents that occur on the University campus.

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

  1. Definitions

The below definitions apply for purposes of this policy. Nonetheless, several of those terms may also be defined under federal and/or Texas State law. To find out more regarding state legislation definitions, please make reference to Section XIII for this policy:

Problem: A signed document or other report, including spoken reports alleging a violation for this policy.

Complainant: somebody who submits a problem alleging a breach of the policy, or perhaps is defined as the one who has presumably skilled a Title IX associated event.

Consent: A voluntary, mutually understandable contract that clearly suggests a willingness to take part in each example of sexual intercourse. Consent to one work will not indicate permission to a different. Last permission will not indicate consent that is future. Consent to take part in sexual intercourse with anyone will not indicate permission to take part in intercourse with another. Permission could be withdrawn whenever you want. Any phrase of an unwillingness to take part in any example of intercourse establishes a lack that is presumptive of.

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

An individual’s method of gown or the presence of an ongoing or previous dating or intimate relationship between a couple of people will not, in as well as itself, represent permission to take part in a certain activity that is sexual. Even yet in the context of the relationship, there needs to be a voluntary, mutually understandable contract that clearly shows 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 the meaning of domestic physical violence or dating physical violence.

Domestic Violence: punishment or violence committed by an ongoing or spouse that is former intimate partner regarding 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 an individual likewise situated up to a partner of this complainant beneath the domestic or household physical physical physical violence guidelines associated with State of Texas, or by virtually any person against a grown-up or youth target that is protected from that person’s acts underneath the domestic or family members violence legislation associated with the State of Texas.

Dating Violence: punishment or violence committed by someone who is or has been doing a social relationship of an enchanting or intimate nature with the complainant. The presence of this kind of relationship will probably be determined in line with the statement that is complainant’s with consideration associated with kind and amount of the connection additionally the regularity of discussion between your individuals mixed up in relationship. Two different people might be in an intimate or intimate relationship whether or not the relationship is intimate in the wild; nevertheless, neither a laid-back acquaintance nor ordinary fraternization between two people in a business or social context shall represent an enchanting or relationship that is intimate.

Dating violence includes, it is not limited to, intimate or real punishment or the risk of such punishment. This meaning will not add functions covered under domestic violence.

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

Accountable worker: Pursuant to Title IX, an employee that is responsible a University employee who’s got the authority to take action to redress a so-called breach with this policy and that has been because of the responsibility of reporting such allegations into the University Title IX Coordinator or designee, or a member of staff who someone could fairly think has this authority or responsibility. During the University of Texas at Austin, Responsible workers consist of, but are not restricted to:

  • Administrators
  • Educational advisors
  • Coaches, as well as other staff that is athletic interact straight with pupils
  • Faculty people, 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 a responsibility to immediately report incidents of intercourse discrimination, intimate harassment, sexual attack, sexual misconduct, social physical physical 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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